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Home My WebLink AboutBrushes Creek - Aluminum Box Culvert InstallationTHE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 BOND NO: 1310680 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): JAMES H. RAMBO, INC. BIS DPS LANE SOUnMMPTC K, NEW YORK 11968 OWNER (Name and Address): TOWN OF SOUTHOL D SURETY(Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 140 BROADWM - 21ST FLOOR NEW YORK, NEW YORK 10005 TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 CONSTRUCTION CONTRACT Date: g�y Amount: SEVEN AND 00/100 ($ 47,712.00 ) Description (Name and Location): REPIAC TT OF THE BPZSHES CREEK BRIDGE WITH A NEW STRUCTURAL PLATE BOX CULL BOND Date (Not earlier than Construction Contract Date): APRIL, 09, 1996 Amount: &QMMAND 00/100 _ ($ 47,712.00 ) Modifications to this Bond: ( X )None ( )See Page 3 CONTRACTOR AS PRINCIPAL Ccn parry: ( Corporate Seal) PS-IO, INC. SOLFTHAMPION, RK 119�� Signature: Name and Title: (Any additional signatures appear on page 3) SURETY Conpany: (Corporate Seal) - N0OoANY NEW YORK, NEW RK 10005 S ignature ku.-� Name and Title: ELEANOR DOUDERA Attorney -in -Fact (FOR INFORMATION ONLY --Name, Address and Telephone) X= or BROKER: OWIQEft' S ?2EPRFSENTATIVE (Architect ROLLINS HUDIG HALL other party): 333 E ARLE OVINQI'ON BOULEVARD UNIONDALE, NEW YORK 11553 ( 516 ) 794-7000 AIA Docunent A312 -PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING•MARCH 1987 Engineer or A312-1984 1 • able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be :nailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statu- tory or other legal requirement in the Location where the con- struction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorpo- rated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond, 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount pay- able by the Owner to the Contractor under the Construc- tion Contract after all proper adjustments have been made, including allowance to the Con - 0 tractor of any amounts received or to be received by the Owner in settlement of insurance of other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or other wise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CCCNTRA=R AS PRINCIPAL SURETY Co1T>pany : ( Corporate Seal) Company: ( Corporate Seal) Signature: Signature: Name and Titie: Name and Title: Address: Address: AIA Document A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C.20006 THIRD PRINTING•MARCH 1987 A312-1984 3 LJ THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 BOND NO: 1310680 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CoNrMCPOR (Name and Address): JAMES H. RAMM, INC. BISHOPS LANE SOUMUkMP 7, NEW YORK 11968 ORNEIR (Name and Address): 'ICFAN OF SOUTHOLD 'IOM HALL - 53095 HAIN ROAD SOUIHOLD, NEW YORK 11971 CONS==ON CONTRACT Date: SUREI'Y(Name and Principal Place of Business): AMWEST SURETY INSURANCE 1Y 140 BROADWAY - 21ST FLOOR NEW YORK, NEW YORK 10005 Amount: BEVEL AND 00/100 ($ 47,712.00 ) Description (Name and Location): OF THE BRUSEIES CREEK BRIDGE WITH A NEW S R]UC.TURAL PLATE BOX CULVERT BOND Date (Not earlier than Construction Contract Date): APRIL 09, 1996 Amount: AND 00/100 _______ ($ 47,712.00 ) Modifications to this Bond: ( X )None ( )See Page 6 (Corporate Seal) �� ■ Y.t• 1• tl I • ' ' Signature: Name and Title: (Any additional signatures appear on page 3) (Corporate Seal) NEW YORK, NEW YORK 10005 Si Name and Title: ELEANOR DOUDERA Attorney -in -Fact (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect Engineer or ROLL]2gS HUDIG HALL Other party) : 333 E URIE O -nanCN BOULEVARD UNIONDALE, NEW YORK 11553 ( 516 ) 794-7000 AIA Document A312 -PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED. -AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.U., WASHINGTON, D.C. 20006 THIRD PRINTING -MARCH 1987 A312-1984 4 E Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall prompt- ly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct con- tract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, Light, heat, oil, gasoline, telephone service or rental equip- ment used in the E Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractor, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURE'T'Y Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature- Name and Title: Name and Tit -Le: Address: Address: AIA Document A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA THE .AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., WASHINGTON, D.C. 20006 THIRD PRINTING•MARCH 1987 A312-1984 6 Form 152 Corp. Ack. q� h STATE OF �1 COUNTY OF ss.: Ont i �d' in ...... day of.................................................................... 19.e1...., before me personally came -------................ n� ....... �V ' ....._...._................... -.......................................... ------.......------.........---------.......------------..........------.....-----............ .............................. to me known, who, being by me duly sworn, did depose and T=i that resides in.........................................._..---------....---------------------........-------------- ----- .....----------..that he is the-----................ - of the......... JAMES H. _...... O, 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 so affixed by order of the Board %:GGVF a of said cor- poration, and that he signed his name t4ereto by like order. N0TAWPL%C• aNwYbik No. 4716725, S" CQUW ( Seal) � � Tilm EVkn Doead 't1,1iab Form 152 Corp. Ack. STATE OF IE -W YORK ss.: COUNTY OF NASSAU On this---------------------- 9th...-------------.... day of ................. Anril------........_............._.19 96 before me personally came ..................... .. ......................................................ELEA.�iO$._DOITDE 1--------.......----------------......................................... to me known, who, being by me duly sworn, did depose and say; that he resides in-SUFFOLK.._QNTI,_ Hy -----------------_.----_...._.....that he is the ............................... .......................... -...................... ................. ................................ of the ..... AMI?TEST_.SURE' .--hfSURANCE.. C01�_? TiY......_......._..._--------the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said cor- poration, and that he signed his name thereto by like order. TNEaESA N Notary Public State of of No New York (Seal) armNo. 01 ST5043971 ow in Queens Canty Q Ccmnd.aion Expires Mav 22. 1 7'] EXPIRATION DATE 6-25-96 • POWER "" 0000493367 n" t READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo of Amwest Surety Insurance Company (the "Company'/ on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a California corporation (the "Company'D, does hereby make, constitute and appoint: THOMAS BEAN ELEANOR DOUDERA FRED NICHOLSON ANTHONY ROMANO AS EMPLOYEES OF ROLLINS HUDIG HALL its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Companylsure execu nd affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizanees, reinsurance agreement for, Mil Act other n d or other written obligations in the nature thereof as follow: Bid Bonds up to S*'2,000,000.00 Contract (Performance & Payment), Court, Subdivision S-5,000,000.00 0 License & Permit Bonds up to S' `1,000,000.00 Miscellaneous Bonds up to $"1,000,000.00 Small Business Administration Guaranteed Bonds up to S"'1,250,000.00 and to bind the company thereby. This appointment is made under and by a o e By- f Comhich are now in full force and effect. L the undersigned secretary of Amwest Surety Insurance Company, a lifornia rati� BY TIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the " ns of the Bygg<rd of to forth on this Power of Attorney, and that the relevant provisions of the By -Laws of the Company, are now in full forc4 Bond No. 1310680 Signed & sealed \r �F 1F #F {IF ilE i1F +IE ill ;IE ilE i1F This POA is signed and sealed by facsimile und6 Company at a meeting duly held on Dcccm�m 15, RESOLVED, that the President or VYK,. authority as defined or limited in the of the Company to bonds, und--- __ jDJ, a revoke any POA previously gran t person RESOLVED FUR bond, upd (i) when signed by the Presrt (ii) when signed by the President authorized attorney-in-fact or (iii) when duly executed and seal! by the power of attom ssu RESOLVED FURTT3ER, tha thereof authorizing the execution an < when so used shall have the same fora be ay of A 'Q 96 ice. Karen G. Cohen, Secretary UTIONS 1�' BO��F DIRECTORS r1E ?♦t ll e auth of follo lutions adopted by the Board of Directors of Amwest Surety insurance Y liu tion thhZZa retary or any Assistant Secretary, may appoint attorneys -in -fact or agents with the a mtmen ur ch case, for and on behalf of the Company, to execute and deliver and affix the seal p ob of all kinds; and said officers may remove any such attorney-in-fact or agent and [reco' or suretyship obligation shall be valid and bind upon the Company: an and sealed (if a seal be required) by any Secretary or Assistant Secretary, or ftary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced d�y,the Compan�to such person or pentons. ' gnature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification :livery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto ":' ° affixed this 1st day of January, 1993. s^ John E. Savage, President f Karen G. Cohen, Secretary State of California County of Los Angeles On January 1, 1993 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that heisheithey executed the same in his/heritheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. "lt�tlttt!t!rrr� WPINESS hand and official seal. OFFICUIL SEAL 1 N S U ''�. PEGGY B. LOFTON ctt�.• Aqy�'%, Notary PUbilc-CaGfomia J2-. o?,Pop 4 j -�F Signature (Seaq L03 ANGELES COUNTY Z� CID?� M AY J Fp :' e Lofton Notary Pu MY OwTin 1Mon Ex;*os AIV 28, 1995 x975 tea` y cq(IFQRN�P `�� 0 t 0 ENDORSEMENT Amwest Surety Insurance Company, formerly domiciled in the State of California, has received permission to change the domicile of the corporation to the State of Nebraska. Said redomestication to Nebraska is effective December 14, 1995. 12/14/95 Date 12/14/95 Date apF0"\NSU q ky= D EC.14, C1 t - , 1995 j 0 John E.Savage President Karen G. Cohen Secretary FINANCIAL STATEMENT- DECEMBER 31. 1994 AMWEST SURETY INSURANCE COMPANY STATE OF California COUNTY OF Los Angeles John E. Savage, President of Amwest Surety Insurance Company, being duly swam deposes and says that he is the above described officer of said Company; that said Company is a corporation duly organized, existing and engaging in business as a surety company under and by virtue of the laws of the State of California and has duly copiied with all requirements of the laws of the said State applicable to said Company and is duly qualified to act as Surety under such laws; that the above is a true statement of the Assets and Liabilities of said Company of the 31st day of December 1994. Subscribed and sworn to before me this LIABILITIES, SURPLUS 1995 ASSETS AND OTHER FUNDS -Bonds - 84,170,153 Losses and loss Notary Pc;blic — Ccii(omia >` LCS ANIGELSS CCUNY -Preferred stocks 10,294,249 adjustment expenses $ 7,515,653 Common stocks 10,610,733 Contingent commission 1,656,978 Mortgage loans 175,618 'Other expenses 3,753,324 Real estate 1,340,284 Taxes, licenses & fees 1,205,459 Cash on hand_ and on Federal income taxes deposit (2,261,881) payable 339,276 Short term investments 3,.451,071 Funds held by Company Agent's balances 7,072,939 under reinsurance treaties (1,000,000) Reins11rancQ recover2b!e 1,352,111 Unearned premiums 30,942,333 EDP equipment 442,678 Funds held on account Accrued interest . 1,257,315 of others 42,405,979 Intercompany receivable 225,779 Other admitted assets 2,692,339 TOTAL ASSETS $120,823,389 TOTAL LIABILITIES $ 86,819,002 Capital Stock 4,000,000 Surplus note 10,000,000 Paid -in surplus 6,590,000 Unassigned funds 13,414.387 Surplus as regards policyholders 34.004.387 _ Total liabilities and surplus $120,823,389 STATE OF California COUNTY OF Los Angeles John E. Savage, President of Amwest Surety Insurance Company, being duly swam deposes and says that he is the above described officer of said Company; that said Company is a corporation duly organized, existing and engaging in business as a surety company under and by virtue of the laws of the State of California and has duly copiied with all requirements of the laws of the said State applicable to said Company and is duly qualified to act as Surety under such laws; that the above is a true statement of the Assets and Liabilities of said Company of the 31st day of December 1994. Subscribed and sworn to before me this Jdhn E. Savage President day of 1995 Notary a ' '. �:{�,y SUSAN 0. KREiS (CMM. f 1012808 z ,•. Notary Pc;blic — Ccii(omia >` LCS ANIGELSS CCUNY Comm. cxciras JAN 4 1.9<?8 Jdhn E. Savage President 1AAmwest MAY 13, 1996 TOWN OF SOUTHOLD TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 Amwest Surety Insurance Company 140 BROADWAY 21ST FLOOR NEW YORK, NY 10005 TEL (212) 3447720 FAX (212) 3445960 Bond No.: 1310680 Principal: JAMES H. RAMBO, INC. Amount: $47,712.00 Description: REPLACEMENT OF BRUSHES CREEK BRIDGE/NEW STRUCTURAL PLATE BX Contract No.: AMWEST SURETY INSURANCE COMPANY is the Surety on the above bond. We would appreciate your cooperation in providing the information requested below. Receipt of this information allows us to monitor our contractor's progress on this job and total work program. Thank you for your assistance. PLEASE COMPLETE ONE SECTION ONLY 1. IF THE CONTRACT HAS BEEN COMPLETED: What was the completion date? Date of acceptance? What was the final contract price? Was the work satisfactory? Have all labor and material bills been paid? 2. IF THE CONTRACT HAS NOT BEEN COMPLETED: What percent of work has been completed to date? 9 S /o Total amount paid to Contractor to date? � RAS aEFu AeedtoveD What is the amount of retainage? j� O 00 M What is the anticipated date of completion? ] Uy 2.q, 9 i (o Is the Contractor paying labor and material bills? Y&5 Is the work progressing satisfactorily? YE S COMMENTS: � 1 Signed by: Name: A`( C!D N 1.. • AGO S Date: I' IA y 21, m& & Phone: ( 1 to 7 (PS 31 q 0 A POSTAGE PAID REPLY HAS BEEN PRINTED ON THE REVERSE SIDE OF THIS FORM FOR YOUR CONVENIENCE. PLEASE FOLD ON DOTTED LINES AND USE TAPE TO SEAL; DO NOT STAPLE. 0 BUSINESS REPLY MAIL FIRST-CLASS MAIL PERMIT NO. 11196 SAN DIEGO, CA POSTAGE WILL BE PAID BY ADDRESSEE AMWEST SURETY INSURANCE COMPANY 140 BROADWAY 21 ST FLOOR NEW YORK NY 10269-0655 • FOLD TOP FIRST &SEAL WITH TAPE. NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES Tape Tape Here Here RAYMOND L. JACOBS Superintendent i� FRO Highway Department Town -of Southold Pecon;c lane Peconle, N.Y. 11958 DATE: f'— RE: REPLAC';,4IFN'1 OF 3AUSHES CREEK BRIDGE PECONIC BIN V,.V0 Wr,_L BE. CLOSED BETWEEN BRAY AVEOJE ',AD LAUREL AVENUE, STARTING APRIL 22ND FOR APPROXIMATELY 15 DAYS. LOCAL TRAFFICS ONLY NO THROUGH TRAFFIC Tel. 765-3140 •734-5211 I d 'ON YV9 LEDIH MHAOS WV IZ:r3 IIS 96 -GI -HV T H E A M E R I C A N I N S T I T U T E r�. 0 F0 A R C H I T E C T S AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the day of April in the year of Nineteen Hundred and Ninety -Six BETWEEN the Owner: Town of Southold, 53095 Main Road, P.O. Box 1179, (Name and address) Southold, New York 11971 and the Contractor: James H. Rambo, Inc., Bishops Lane, Southampton, (Name and address) New York The Project is: Brushes Creek Bridge, Peconic Bay Boulevard, (Name and location) Town of Southold, Laurel, New York, The Architect is: James A. Richter, RA, Southold Town Engineering (Name and address) Department, Peconic Lane, Peconic, New York The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others,.40WO4q[9s€X ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than May 15, 1996, (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if arty, for liquidated damages relating to failure to complete on time.) AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 1] ARTICLE 4 CONTRACT SUM • 4.1 The Owner shallay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Forty -Seven Thousand Seven Hundred Twelve and no/100------------------- Dollars ($47,712.00 ------------------------------�, subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N / A (State the numbers or other identification of accepted alternates. if decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 4.3 Unit prices, if any, are as follows: N / A AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 3 WARNING: Unlicensed photocopying violates U.S. copyright taws and is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below elsewhere in the Contract Documents. i 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the mor}fFi, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the day of a month, the Owner: mak ayment to the Contractor not later than the day of the month. If agXppiicaEion for Payment is received by the Architect after the application date fixed above, payment shall be made by the 0 w1ler not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of Valu submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire C tract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for revi ing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of comp%tion of each portion of the Work as of the end of the period covered by the Application for Payment. �/ 5.6 Subject to the provisions of the Contract Documents, * amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly aflo<6bie to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %). Pending final determination cost to the Owner ofchanges in the Work, amounts not in the dispute maybe included as provided in Subparagraph 7.3.7 of th General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract S properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the mpleted construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writin , less retainage of percent( %); 5.6.3 Subtract the aggregate of revious payments made by the Owner; and 5.6.4 Subtract amounts, if y, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General nditions. 5.7 The progress pa t amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon ubstaniial Completion of the Work, a stun sufficient to increase the total payments to percent ( %) of the Contract Sum, less su amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Ad , if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional, amoun payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 eduction or limitation of retainage, if any, shall be as follows: (Ij t is intended. prior to Substantial Completion of the entire Work. to reduce or limit the retainage resulting from the percentages inserted in Subpara- AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREEMENT - TWELFTH EDITION - AIAO - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A101-1987 4 0 ARTICLE 6 FINAL PAYMENT • Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, ompp&JDecX ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) N/A (Usury laws and requirements under the Federal Trulb in Lending Act, similar state and local consumer credit laws and otber regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewbere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements sucb as written disclosures or waivers.) 7.3 Other provisions: N/A ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are lfsXMftX those as follows: Document Title Pages Request for Proposals for Replacement of Brushes Creek Bridge dated February 5, 1996, and Proposal submitted by James H. Rambo, Inc., dated March 20, 1996. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Eitber list the Specifications bere or refer to an exhibit attacbed to tbis .agreement.) Section Title Pages See RFP Specifications. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AiAO • ©1987 A101-1987 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 9.1.5 The Drawings are as follows, and are dated (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title See RFP Specifications. 9.1.6 The addenda. if any, are as follows: Number See RFP Specifications. Date unless a different date is shown below: Date Pages Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREEMENT - TWELFTH EDITION - AIA® - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 9.1.7 Other documents, if any, forming pan of the Contract Documents are as follows: (List here any additional documents mbicb are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in ibis Agreement. They should be listed bere only if intended to be part of the Contract Documents.) N/A This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER Town of tSouthold (Si re) Jean W. Cochran, Supervisor (Printed name and title) CONTRACTOR (Signature) Thomas E. Samuels for James Fl Rambo, Inc. (Printed name and title) l l CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101-1987 8 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. THE AMERICAN INSTITUTE OF ARCHITECTS i4: s AIA Document A312 BOND NO: 1310680 Performance Bond Any singular reference to Contractor, Surety, owner or other party shall be considered plural where applicable. CONM=R (Name and Address): SUREI'Y(Name and Principal Place of Business): JAMS H. M*M, I1 C.. A14WEST SO= INSURANCE COMPANY BISHOPS 1ANE SOQTBAMP!XN, NEW YORK 11968 OWNER (Name and Address): TCVN OF SOVTBDID TOWN HALL - 53095 MAIN R0AD 140 BFnADW iY - 21ST FTlJOR PEW YORK, ILW YORK 10005 SOUIHOLD,NEW YORK CONSTRUCITON r•• Y' Date: Amomt: 109 MM Y:;• r1.Yi SIL 47,712.00 Description (N_ u- and Iccation): -J�• kS lyl • ' Y:1 rd HE CREEK :1• DG Y: NEW Y'/r t ' Y � • : t J�W,!cl 3CND Date (Not earlier than Construction Contract Date): APRIL, 09, 1996 AWLmt: SEVEN AND 00/100 ($ 47,712.00 ) Modifications to this Bond: ( X )None ( )See Page 3 ♦ice -f-'• `flu{: • ri 'Any additional signatures appear on gage 3) SUPETY Czmpany: (Corporate Seal) u1^ --yy yrJ:Jyi4 6t tl.ISOPEMNY NEW YORK, 4:XRK 10005 . _. - moi. 'FoR mmra,ATION ONLY—Name, Address and Telephone) AGc'"t. VT or BMKE R: OWN M I S REPRESENTA= (Architect ROLLINS HUDIG HALL other party): 333 EARLS OVINGTOId BOULEVARD MONDAIE, NEW YORK 11553 ( 516 ) 794-7000 AIA Document A312 -PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.G., WASHINGTON, D.C. 20006 THIRD PRINTING•MARCH 1987 Engineer or A312-1984 1 • able to sureties as a defense in the iurisdic:ion of the suit shall be applicable. i0 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 when this Bond has been furnished to comply with a statu- tory or other legal requirement in the location where the con- struction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorpo- rated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond, 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount pay- able by the owner to the Contractor urxier the Construc- tion Contract after all proper adjustments have been made, including allowance to the Con- tractor of any amounts received or to be received by the owner in settlement of insurance of other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or other wise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CCNMCTOR AS PRINCIPAL Company: (Corporate Seal) ONA-119 3�anature Name and .- e: Address: Signatur•e• Name and i e: Address AIA Document A312 PERFO THE AMERICAN INSTITUTE OF (Corporate Seal) BOND AND PAYMENT BOND DECEMBER 1984 ED •AIA ARCHITECTS, 1735 NEW YORK AVE., N.U., uASHINGTON, D.C.20006 THIRD PRINTING•MARCH 1987 A312-1984 3 • • THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 BOND NO: 1310680 Payment Bond Any singular reference to Contractor, Surety, owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): JAMES H. RAMM, INC. BISEBOPS LANE SOLTI NWrCN, NEW YORK 11968 Cwt (Name arxi Address) : 'IC1W OF SOUTMM TOW HALL - 53095 MAIN ROAD SOUISOLa, NEW YORK 11971 C ONS==0N CONTRACT Date: SUP=(Name and Principal Place of Business): AM11EST SURETY INSMWNCE CORNY 140 BROADRAY - 21M FLOOR NEW YORK, NEW YORK 10005 Description (N_ m- and •r_ • • 71• M7� 174 aF THE :1• IM4:17•. •4•J7J7t• BPJ= WITH A NEW •Jf • •PLATE BOX CULVERT BOND Date (Nat earlier • •n Contract Date): ■ •• , 1996 • �• :�Y '171'/71. Y::•l�tiy_ .11 1 • Y • 7i` :1�1`I.1•J74. 71 • I. 00/00 Ividdificat-ionsto this C• • • - -- Page ( Corporate seal) rlti Z1j1u1'. 1 -• f Y'I• i' •t 1 ^ - Signature: Name and Title: ;any additional signatures appear on page 3) Company: • •• - �L^ yy ryU:J7J /�ti UGI• •;M" •.; 1• NEW YIORK, NEW YORK 10005 •1 Title:71 7I• • • ..UD7J• . (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: CWNER'S PJM4ZESENTA= (Architect Engineer or ROLLINS HUDIG HALL other party): 333 EARLS OVIN IM BOULEVARD UNIONDA E, NEW YORK 11553 ( 516 ) 794-7000 AIA Document A312 -PERFORMANCE BOND AND PAYMENT BOND•OECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING•MARCH 1987 A312-1984 4 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall prompt- ly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct con- tract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, Light, heat, oil, gasoline, telephone service or rental equip- ment used in the E Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractor, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CCNTRACTOR AS PRINCIPAL SURE'T'Y C=q)any : ( Corporate Seai) C=ipany : ( Corporate Seal) Signature: Signat'are: Name and i e: Name and i e: Address: Address: AIA Document A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., WASHINGTON, D.C. 20006 THIRD PRINTING•MARCH 1987 A312-1984 6 • Form 152 Corp. Ack. STATE OF � COUNTY OF ss.. OntJV' � � �n ....-----.... _......... day of_ ... -...----------• ......................-.--...._19.1. ._, before me personally came . . . . ............. ------ . ........... . ... . .... . .... . ... to me known, who, being by me duly sworn, did depose and s ; that he resides ....._.......... __----------__.._... _ ................................ _...__.-._.._..that he is the __---�---........ ___----------___-- of the_.-._1AMES H.O, 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 so affixed by order of the Board o; of said cor- poration, and that he signed his name hereto by like order. N0fMYPlJMASW@01MWYG* y No. 4716725, &" Court) (Seal) �f /I Tian DocaWX1.19 1 6 Foran 152 Corp. Ack. STATE OF NEW YORK ss.: COUNTY OF ,USSAU On this _...... ..._.-•-----_9th ._...._.......... day of_.._.........April_..._...._................----...__--_.19...__96 before me personally came .... ----...... — - �..__.._ YOI�_ DOUDEit�._. _ to me known, who, being by me duly sworn, did depose and say; that he resides.,....NY -.----------...._---------------....._-..._-.that he is the-.-_.- ATTORNEY -M _FACT of the-.-AMM-51 5 _.. tSUI�NCE... COMPANY ---- __ _..._....__. -- --.the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said cor- poration, and that he signed his name thereto by like order. nHEaesn t. a of Ne N mry NoPublic St.a o� Nsw vont (Seal) �j No. of ST5043871 1 \ J ou.wlw In a,.ww cour" j Cam lssm Ewes Ma 22. 1 9 9 • Ma-MATION DAZE 6-25-96 Pow 0000493367 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo ( A ) of Amwest Surety lnsmance Company (the "Company l on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiation date. KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a California corporation (the "Company", does hereby make, constitute and appoint THOMAS BEAN ELEANOR DOUDERA FRED NIC 1OLSON ANTHONY ROMANO AS EMPLOYEES OF ROLLINS HUDIG HALL its true and lawful Attomcy-ino-fact with limited power and authority for and on behalf of the C �'"'"' ' affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for 11 Act b� other d or other written obligations in the minae thereof as follow:Z-44k Bid Bonds up to S-2,000,000.00 Contract (Performance & Payment), Court, Subdivision $'•5,000,000.00 License & Permit Bonds up to S**1,000,000.00 Miscellaneous Bonds up to $**1,000,000.00 Small Business Administration Guaranteed Bonds up to S*•1,250,000.00 and to bind the company thereby. This appointment is made under and by a o e By. C�ch are now in full force and effect. the undersigned of Amwest S Insurance a ti TIFY that this Power of.Attorney remains in full L '� ��Y �Y C�PanY. �eY form and effect and has not been revoked and finthermom that the I of the 9 mrd of forth an this Power of Attorney, and that the relevant provisions of the By -Laws of the Company, are now in fall Bond •o 1310680 Signed & sealed rlt � � . !l � �It nit st +It• st �It• This POA is signed and sealed by facsimile tmd6 Company at a meeting duly held on Docem§w 15, RESOLVED, that the President or ice authority as defined or limited in the of the Company to bonds, and s-za revoke any POA previously t Pam RESOLVED FUR bond, tqd (i) when signed by the Pres (iii) when signed by the Presi ent authorized attomey-in-fact or (iii) when duly executed and seaN by the power of attorn ssu RESOLVED FURTHER --� thereof authorizing the execution an�( when so used shall have the same fora be y of A 96 — Karen G. Cohen, Secretary 1.UTION BO F DIRECTORS It st * * * * * alt* to math of foil lutions adopted by the Board of Directors of Amwest Surety Insurance Y -tin �-` o—n �will[ -11-LSecretary or any Assistant Secretary, may appoint attomeys-im-fact or agents with thea 'e`er' �i a case for and on behalf of the Company, to execute and deliver and affix the seal U;tyship ob of all kinds; and said officers may remove any such attomey-in-fact or agent and =Qo or suretyship obligation shall be valid and bind upon the Company. t an sand sealed (if a seal be required) by any Secretary or Assistant Secretary; or t ,aetary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced dw*the Compan'tto such person or persons. "nature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification :livery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this Ist day of January, 1993. / John E. Savage, Prcudent Karen G. Cohen, Secretary State of California County of Los Angeles On January 1, 1993 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islam subscribed to the within instrument and acknowledged to me all that hdsheithey executed the same in hisiheritheir authorized capacity(ies1, and that by hivhcr/their sigmtm*s) on the instrument the person(s), or the entity upon behaif of which the person(s) acted, executed the instrument WITNESS hand and offrcial seal. OFF AL 3M +1tN S Uq �'�� i AEGGY R. LOFTON ............ y'% Notary Pubilc-CaGtomia Jam: Q�P0.9 '. 0. Signature L03 ANOSM COUNTY .Currant Notary Pu (Sul) MY COftl rdsiOR E>�N MAY 1 a o =_ AN 28. 19915 6 •.• .FOR Z- /,��r�nrrff Y ENDORSEMENT Amwest Surety Insurance Company, formerly domiciled in the State of California, has received permission to change the domicile of the corporation to the State of Nebraska. Said redomestication to Nebraska is effective December 14, 1995. 12/14/95 Date 12/14/95 Date \NSU,4'� DEC.14, a 'sn 9" 45 John E. Savage President Karen G. Cohen Secretary • FINANCIAL STATEMENT- DECEMBER 31. 1994 AMWEST SURETY INSURANCE COMPANY ASSETS -Bonds - 84,170,153 -Pref6rred stocks 10,294,249 Common stocks 10,610,733 Mortgage loans 175,618 Real estate 1,340,284 Cash on hand and on deposit (2,261,881) Short term investments 3.451,071 Agent's balances 7,072,939 Reins=lrance recovers—Ne 1,352,111 ECP equipment 442,678 Accrued interest 1,257,315 Intercompany receivable 225,779 Cther admitted assets 2,692,339 TOTAL ASSET S 5120,823,389 STATE OF California COUNTY OF Los Angeles LIABILITIES, SURPLUS AND 07NER FUNDS Losses and loss 4,000,000 adjustment expenses S 7,515,653 Contingent commission 1,656,978 Other expenses 3,753,324 Taxes, licenses & fees 1,205,459 Federal income taxes payable 339,276 Funds held by Company under reinsurance treaties (1,000,000) Unearned premiums 30.g42,333 Funds held on account of others 42,405,979 TOTAL ! IASILITIES S 86,819,002 Capital Stock 4,000,000 Surplus note 10,000,000 Paid -in surplus 6,590,000 Unassigned funds 13.414, 387 Surplus as regards policyholders 34.004.387 Total liabilities and surplus 5120, 823, 389 John :E. Savage, President of Amwest Surety Insuranc-e Company, being duly sworn deposes and says that he is the above described officer of said Company; that said Company is a corporation duly organized, existing and engaging in business as a surety company under and by virtue of the laws of the State of California and has duly coplied with ail requirements of the laws of the said State applicable to said Company and is duly qualified to act as Surety under such laws; that the above is a true statement of the Assets and Labiiities of said Company of the 31st day of December 1994. Subscribed and sworn to before me this day of 1995 Notary SUSAN 0. XPEIS COMM. i1012908 z ? li -' 't Notary Public — California >` LCS ANGELSS CCUNW %'h/Comm. Ezocres!AN 4. 1998 Jdhn E. Savage President An Acwcf)mpnny , „hi . j 1* 'S t'. . 1 13 B _U Y t. E ROLLINS HUD z fG HALL Rollins Hudig Ball of New York, Inc. / Conslruclirni Services Division 333 Earle Ovington 130111evarrl, t*� Suite 515, h,p, Box 9338, Uniondale, New York 11553 I An Acwcf)mpnny .... ACHI 11. MATO A ;. DATE (MM/DDNY) F INSt11��,CSR cP �IGE PRODUCER See Neefus Inc. P 0 Box 2340 Rte. 25 & Shade Tree Lane R14NiB0�1 04/08/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Aquebogue NY 11931 COMPANIES AFFORDING COVERAGE Peter J. Sabat COMPANY 516-722-3500 A American Employers Ins Co INSURED COMPANY B State Insurance Fund COMPANY James H. Rambo, Inc. C Commercial Union Ins Co Bishops Lane Southampton NY 11968 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY AJR309620 11/01/95 11/01/96 PRODUCTS - COMP/OPAGG $2,000,000 CLAIMS MADE 1XI OCCUR PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 5,000 C AUTOMOBILE X LIABILITY ANY AUTO CJAD25439 11/01/95 11/01/96 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO APR9 1996 OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY own 004 EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND X STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ DISEASE -POLICY LIMIT $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE 8612467 11/01/95 11/01/96 DISEASE - EACH EMPLOYEE $ OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Workers' Compensation Certificate to follow from the State Insurance Fund CERTIFICATE HOLDER CANCELLATION TOWNSOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Town of Southold 15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Judith Terry, Town Clerk PO Box 1179, Main Road BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Southold NY 11971 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Peter J. Sabat (✓ ACORD 25-6 {3193) M ORD CORPORATION 1993 ">>. a* RAYMOND L. JACOBS SUPERINTENDENT SOUTHOLD TOWN HIGHWAY DEPARTMENT Fax.(516)-765-1750 guFFo� JAMES A. RICHTER, R.A. Z ENGINEERING INSPECTOR Dy • !� PECONIC LANE, PECONIC, N.Y. �►� �O Tel . (516) -765-3070 1 � `�► OFFICE OF THE ENGINEER TOWN OF SOUTHOLD MEMORANDU M TO: James McMahon FROM: James Richter NK SUBJECT: Replacement Brushes Creek Bridge SEQRA Requirements DATE: Jan 8, 1996 RECD APR 9 1996 Smf w To" CIO* The above referenced bridge replacement/ construction is the rehabilitation of an existing bridge. This item should be classified as a Type II project under SEQRA Reg. 617.5(c)(2). If you have any questions concerning this matter, please contact my office. cc: Judith al (Town Clerk) Lori Dowd (Town Attorney) 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 April 4, 1996 Thomas E. Samuels James H. Rambo, Inc. Bishops Lane Southampton, New York 11968 Dear Tom: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 The Southold Town Board, at a regular meeting held on April 2, 1996, accepted your bid in the amount of $47,712.00 for the replacement of the Brushes Creek Bridge with a new structural plate box culvert. Enclosed is the necessary information with regard to insurance and performance bond. I have asked the Town Attorney to prepare the contract, and will contact you as soon as it is ready. Once we have an executed contract, insurance certificates and bonds, your $2,400.00 bid check will be returned to you Very truly yours, Judith T. Ferry - Southold Town Clerk Enclosures cc: Supt. of Highways Jacobs E ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall he responsible for initiating, mlin- taining and supervising 311 safecv precautions and programs in connection with the performance of the Contract. 10.1.2 in the event the Contractor encounters on the site nimterial re-isonably believed to be asbestos or polychlorinated hinitcnvl (PCB) which has not been rendered harmless. the Contractor ;hail immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. Time Work in the affected area shall not thereafter be resumed except by written agreement of. the Owner and Contractor if in fact the material is ashestos or polychlorinated biphenyl (PCB) incl hats not been rendered hammless. The Work in the at%cted arca shall he resumed in the absence of asbestos or polychlon- nated biphenyl (PC3), or when it has been rendered hammiess. by written agreement of the Owner and Contractor. or in :iccorciunce with final determination by the Architect on which arhitr^tion has not been demanded. or by arbitration under Article 4. 10.1.3 The Contractor shall not he required pursuant to Article - to perform without consent any Work relating to :shestos or notycimlorin:ned' biphenyl (PCB). M.1.4 To To the fullest extent ncrrmmitted by Inw. the Owner shall indemnify and hold harmless the Contractor, architect. Arcimi- tcci S consultants and agents and employees of any of them Cron :ind at;atnst claims, damages, losses and expenses. includ- mt but not limited to attomeys' fees. arising out of or resulting Iron performnncc of the Work in the affected :it= if in fact the timict-Mi is :cshcsios or pol•c•hlorinnied Imiplhcnyl (11C13) unci :has nni unset rendered harmless, provided that such Ctaim, d:uuagtc loss or expense is :rttributahic to hodily iniun% sickness, discisc air cicah, or io injury to or dcsirucnon of tanuihlc property (ouhcr than the Work itself) ioc•tuding loss of use resulting Hic•i•ctroni, but oniy to the csic•rmt c:uusc-d in whoic• or in part by n",fittcni acts or omissions of the Uxvner, anyone directly or indirectiy ermpioved by the Owner or :anvone for whose •acts he Owner ma} he italic. reg artless of whether or not such ciauu. ci:amaec, loss or expense is caused in pan by a party indemnified hereunder. Such ohiigation shall not he construed to negate. abridge. or reduce other rights or obligations of indemnity which would otherwise exist :s ui a party lir 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 cit, and strati Provide rc,stmahie protection to prevent Jnnmage. intury or loss to: .1 --ninio-ecs on the Work and other nersons who tiny he affected thereby: .2 time \Vork and nmatenais and equipment to hc• incorno- mic•d therein. whether in storage on or off the site. under care. custodv or control of time Contactor or the Contractor's Suhcnntractors or Sub-suhcuntr:ae- iors: and .3 ether property at time site or adiaccnt tmereto..such as trees. shrubs. 1an ns. ii-alks. nayements. roadwnvs, structures anti utfiitics nor desiKnated for rcrmo"ai. rem- zition or replacement in the course of construction. • 10.2.2 :lie Contractor shall give notices and colnnly yitim applicable inws. ordinances• rules, regulations and lawful orders of public authorities nearing 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; dangc: signs unci other warnings against harards, nrrnnuleating 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 exLcution of the Work, the Contractor shall exercise utnulsr care and carry on such activities under supervision of property 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 pan by the Contractor, a Suheontraeror, a Sub -subcontractor. or :anyone directly or indirectly employed by any of them, or by anyone for whose acts they n iv be liable and for which the Contractor is rrsponsihle 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 cttipkmved by either of them, or by anvone for -whose acts either of there in-.z%- he ayhe liable. and not atinhumble to the fault or negligence of the Contractor. The Foregoing obiigations of the Contractor are in addition to the Contractor's obligations under Paragraph 3. IS. 10.2.5 Time Contractor shall designate a responsible member of the Contractor's organisation at the site whose dtuy shall he the preve:uion of accidents. This Person shall he the Contractor's sti1wrintcndent unless otherwise dcsignnted by the Conmic•io r in writing, to the Owner and archticct. 10.27 The Contractor shall not load or pernin :ary part of the constriction or site to he loaded so as to endanger its sato•. 10.3 EMERGENCIES 10.3.1 in an cmerg tnicy affecting safety of persons or property. time Contractor shall act. at the Contractor'; discretion, to pre- vent thrcttened damages, iniur• or loss. additional comncnsa- tion or extension of tinhe claimed by time Contrictor on account of :in cmergcncv shall he determined as provided in Paragtratnh 4.3 :and Article ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S UABILITY 1NSURANCF 11.1.1 The Contractor shall purchase from and maintain In :. commnanv or companies lawfully authorized to do imusumess in ills jurisdiction in which the Project is located such insurance :s will protect the Contractor from claims set forth hefow ,vhicil nim, ::rise out of or result from the Contractor's operuions under the Contract and for which the Contrictor may he legally liable. whether such operations he by the Contractor or by a Sunc•onirnctor or by anvone directiv or indirectly cmnioycd I- :111%, of them. or by anyone for Rimose acts am, of them Ilia- he li:ahie: 1 claims under workers or workimmen s compensauiln• dis.infiitn• benefit tinct other simfi:n- emmnlovet hcnefia acts whicim are anniic,:bie to time Xork to to performed: AIA DOCUMENT A201 • GENERAL CCINDITIONS of TTIE CONTRAC` FOR CONSTRUC-ION • FOURTEF.NTTI EDITION ,UA" • Z) 1997 TIt1: ,AMERICAN INS-1-TVITE OF ARCIIITI:(T;, t7i5 NFW YORK AVE `il IF.. N W. WASIIINGTCIN. D f:. 2rMNK A201-1987 19 WARNING: Unlicensed photocopying violates U.S. copyright taws and is subject to tegal prosecution. • .2 da ims for danlage5 pec:ittse of bodiiy injury, occuna- nona sickness or disc -ase. or death of the Contactor s amnio veer: .3 dninls for damlages because of bodily injury, sickness or dist-ase. or death of anv person other than the Con- trnctor s empiovecs; .4 claims for damages insured by usual personal inion liabililr coverer-ge which ;arc sustained (1) by n person as a result of an offense directly or indirectly reialed w emmniovillent of such person h(• the ContraCtor. or ('_), by ;another person: a claims for dainages, other than to the Work itself, hcc ruse of injury to or destruction of tangible prop- crtv. iticiuding 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 daitns involving contractual liability insurance appii- cahle to the Contractor's obligations under Paagrapil 3.18. 11.1.2 The insurance required by Subparagraph t 1.1.1 shall he written for not icss than limits of liability specified in the Con- tract Documents or required by law. whichever cover sw is greater. Coverages, whether written on an Occurrence or daims-made h:Lsis, shall he maintained without interruption from date of commencement of the Work until date of final payment and ternimation ofany coverage rcquired to he :nain- mined :after i'inal payment. 11.1.3 Certificates of insurance acc.ptahie to the Owner shall he filed with the Owner prior to commencement of the Work. Tllese Cerdficates and the insurance policies required by this Paragraph 11.1 shall contain a provision that covemger 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 covers cs ;are required to remain in force after final payment and are re:tson- ahiy avaiinbie. an additional certificate evidencing continuation of such coverage shall be submitted :vith the final Appiication for flan ment as required by Subparagraph 9.10.21. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractors information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usuli linhiiiw insurance. Optionaily. the owner may purchase and inaintain other insurance for self- prc'rcection as,tinst claims which may arise from operations uncier the Contract. The Contractor shall not he responsible liar purc•h;ising and maintaining this Optional Owners liability insurance unless spmecjficaily required by the Contmct l )c Icuments. 11.3 PROPERTY INSURANCE 11.3.1 Unless Otherwise provided. the owner shall purchase and imlaintaum, in a company or companies tawfull• :authorised to do husincss in rhe jurisdiction in which the Protect is Ioc.:wd, proocriv insurince in the ::motet of the initial Con- Iru•t Sum ;LS Well :Ls z;UbSCquent modiftc-.a ons thereto for the enure Tori: at the site on a replacement cost h:Lsis without voi- witnry deductibles. Such properv,v insurance shall the niajn- :ainctj. unicss other -wise provided in (tic: Contract Documents Or (mierR'tse ;:Qrc_d in vriting by all persons and entities �•ho :irc hcnefic:aries of .such insurance. until finai navinent hats hc::n imdc :Ls provided in Parigraph t). 10 or until no p(: -son Or Villin - other than the Onner has an insurable interest in the propert%- rcquired by this Paragraph 11.3 to he covered, whichever is e:irlicr. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.1.1 Properly insurance shall be on an ail -risk poiicv 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. faisc- work, tetmporanv buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements• and shall cover rc:Lsonahlc compensation for Architect's services and expenses required :is 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 dues not intend to purchase such prop - env insurance required by the Contract and with :til of the coverages in the amount described above, the Owner shnil 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 :old Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. if the Contrnc- uar is damaged by the failure or negicct of the Owncr io pur- chase or maintain insurance as described above, without .SU motifVing the Contractor, then the Owner shall be -trail re:ison- abie costs property attributable thereto. 11.3.1.3 If the property insurance requires minimum dcducti- bies and such deductibles are identified in the Contract Docu- menis, the Contractor shall pay costs not covered because of such deductibles. U the Owner or insurer increases the requirccl minimum deductibles above the amounts so identfied or if the Owner ciects to purchase this insurance with voluntan• deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because (if such increased or voluntary deduetibltcs. If deductibles are not identified in the Contract Documents. the Owner shall pay costs nor covered because of deductibles. 11.3.1.4 Uniess otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of ale Work stored off ale site :after written approval of the Owner at the y::iue established in the approval, and aiso•portiotls of tile 'X' ot'k in transit - 11.3.2 Boiler and Machinery Insurance. Tile O.yner shall purch.Lse and maintain boiler and machinery insurinct: required ht• tile Contract rAxitments or by pan . which shall spmcciticaily cover Stich insured ohiercts during installation and until final acceptant: by the Owner; this insurtnct: shall include interests of the Owner, Contactor. Subcontractors ;incl Sub - Subcontractors in the Work. and the O\vncr and Contric'tor shall he maned insureds. 11.3.3 loss of Use Insurance. "file Owner, at the Owncr s option. may purchase and maintain such insuralce as %will insure the Owner ;;taint loss of use of the Owner's propernv clue to fire or other hamrds, however caused. The Owncr \gives :til rittllts of action against the Contrictor for loss of use of the Owner s propx.7ty, including coRSCegticllimi losses duc to fir--• or other har_trds however Caused. 11.3.4 If the Contactor requests in writing that insurince liar risks other than those described herein or for other special haz- ards be included in the property insurance poke. the Owncr shall, if p(>_ssibie, include such insurance. and the cost thereof ,;hill the charged to the Contractor by appropriate Change Order. AIA DOCUMENT A201 - GF.NF.RA(. CONDITIONS OF THE CONTRA(.—, FOR CONSTRIi(MON • FOURTF.E.NT11 F'DITR W 20 A201-1987 AIA"--i1111R'TIIFAMERICAN IN5TiT11TEOFAR(:fIITE(:TS.1'i5,14fLYCIRKAVF.NI11:.N\C',X,\.SIIIv(;'rc7N.D(..?tNnu. WARNING: Unlicensed photocopying violates U.S. copvright taws and is subject to legal prosecution. r� 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 propenv insurance under policies separate Prop -from those insuring the Project, or if after final pavment insurance is to he provided on the completed Project through a policy or policies other than those insuring the Proj- cct during the construction period, the Owner shall waive all ngi)es in accordance with the terms of Subparagraph t 1.3.7 for dan)ages caused by fire or other perils covered by this separate property instlrtnce. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Proiect. Each policy shall contain a provisionthat the polio will not be t::ncdled or allowed to expire until at least 30 days' prior wni- 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 anv of their subcon- tractors, sub-suixontractors, agents and employees, each of the other, and (2) the Architect. Architects consultants, separate contractors described in Article C, if am, and anv of their sub- contractors, sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurncc obtained pursuant to this Paragraph 1 1.3 or Other propene insurance applicable to the Work, except such riches 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. Architects consultants, semmic contractors described in Article 6, if any, and the suhcontrac- tors, sub-stibcontractors, agents and employees of any of them, by appropnate aareements, written where legally required for validity. similar waivers each in favor of other parties enum- crited herein. Trs ic policies shall provide such waiveof subro- gadon by endorsement or otherwise. A waiver of subrogation sihail he effective as to a person or entity even thougih th:u per- son or entity wouid otherwise have a duty of indemnific7don, contractual or otherwise. did not pav the insurance premium directly or indirecth•, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A lass insured under Owner's property insurance shall he adjusted by the Owner as fiduciary and madly payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgage clause and of Subparagraph 1 1.3.10. The Contractor shall pas Sunconimctors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements. written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar spanner. 11 .3.9 if required in writing by a parte in interest, the Owner :is f fiduciary shall, upon occurrence of :ill insured loss. give honi for proper perti)rrmancc of the Owner's duties. The cost if revolted bonds shall he Charged ac -.''tint proceeds received as iiducinn-. 7lie Owner shall deposic in a separate account pro - so received, cvhieh the Owner .shall distrihute in ac'cor- d:ncc witlh such agreemcrit as the parties in interest rnav reach, or in accordance with an arbitration award in which case the nroccdure shall he as provided in Paragraph 4.i. If after such mss no other special agreenicnt is madly, replacement of dant- agcd properiv shall he covered by appropriate Change order. 11.2. 10 The Owner as ficluciar' shall have poR-cr to-.1djust :111d sertle a loss with insurers unless one of the parties in interest shall object in writing :Othin Five days after occurrence of Ions to the Owners exercise of this power. if .such objection he made, arbitrators shall be chosen is provided in Paragrtnh v.;. The Owner as fiduciar• shall, in that case, stake scidenicnt W1111 insurers in accordance with directions of such arhitrators. If distribution of insuntnce proceeds by arbitrition is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in ac'cortl:uicc with Partgniph 9.9 shall not commence until die insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or othem-ise, lllc Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies :ind shall. without mutual written consent, take no action with respect to partial occupancy or use that would cause t'anccilation. lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 111e Owner shall have the right to require the comrnc- tor to furnish fonds covering faithful perforniance of (he Con- tract and pavment 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 perscm or entiry appearing to he a potential beneficiary of pontis covering payment of ob iga- tions arising under the Contrict. the Contractor shall prompth- furnish :1 cop%- of the bonds or stiall Permit a cop}' 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 (tic Architects request or to requiren)cnrs spectfic:tily expressed in the Contract 00C'UlnentS, it must, if retluired in writing h\v the Architect, he uncovered for the Architects obsen-ndon and he repiaced 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 specifiic:ally requested to observe prior to its Nein¢ covered, the Architect may rcKlttest to sec such Work :nil it shall he uncovered by the Contractor. if stich Fork is in accordance with the Contract Documents, costs of uncovcr- in$ and replacement shall, by appropriate Clhange Order, lie charged to rhe Owner. If such Work is not in accordance nvith the Contract Documents. (fie Contractor shall p:n' Stich costs uniess the condition was caused by (he Owner or a se;parue contractor in which event the Owner shall he: responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The contricior stlail pronindy correct `'v()rk rejected ;iv rhe Architect or fatting to conform to otic requirements cif the Contract Docunicnts, whether niisc'rycd i)cfo re or :lift•,- Sohslantial Coninietion anti cvilcthcr or not f::iulc:ucd, insr,;ilv0 or completed. Tiie Contractor shall 'scar cons of cnrrc•ctinL such rcjceicd,York, inciudille :additional Icstintt :rod insmr (inns :anct compensation for the .\rchitc,,t s services :;rad expenses made necess:ir• thereby. 12.2-2 If, within one •car after the d.at• of 5uhsu;nti:ii (;uninir tion of the work or designated portion thercaf, nr :iiter the date AIA DOCUMENT A201 • GENERAL CONDITIONS OF TI1F CONTRACT FOR CONSTRUCTION • Fot:RTFF.NTii FUITION AIA` • '4r 199- TIIF. AAIF.RI(:,\N INSI'ITI'l'E OF AH(a11T'I•.C:l'S. I73S NI'A' YORK AVF.Nt'F. N \C'., WASHINGTON, l) C. 2(X)(16 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 21 StafFO(,�COG JUDITH T. TERRY TOWN CLERK y = REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 4, 1996 Chesterfield Associates Inc. P.O. Box 1229 Westhampton Beach, New York 11978 Gentlemen: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 The Southold Town Board, at a regular meeting held on April 2, 1996, accepted the bid of James H. Rambo, Inc., Southampton, N.Y., in the amount of $47,712.00, for the replacement of Brushes Creek Bridge with a new Structural Plate Box Culvert, all in accordance with the bid specifications. Thank you for submitting your bid on this project. Your 5% Bid Bond is returned herewith. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure • • Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE. MD. 21203 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Chesterfield Associates, i n c 56_ South Cou_a1x Rd .. [1B.3thamptan Reach, 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 (S%) 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 96 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 liability of the Surety for any and all claims hereunder shali, 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. , Chest` field As 'ci6 tes Inc. —� - Principal By ! FIDELITY AND DEPANY OF MARYLAND t By C2424(NJ)-500.2-95 Robert G. Tynan, Attorney-in-fact Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND MA►Ie nen�e e.. ......�� .._ STATE OF----/- - --- - --------� � o SS: S COUNTY OF --------------------K------------------------ i On this-- ----- ----------day of_________��_`_�-----------------�-19_�G__. before me personally came c , GJ- ------ appeared--- ------. —-------- — --- with whom I am personally acquainted, who, being by me duly sworn, did depose and say: �7 2 / / I/ �.G . J/� i 7 J -Hc��✓ J That he resides at___________—_______�-- _ that he Isthe_______________�-_--�-------- — of the ------ �-J/ 2� { �e + ,:e:I J+cs . �� w -i LS _- rr c,----- ------ -- --- - — -- - -- ------ _-- 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 tAYVEit.— ------- Not" Sof NW Yo* Norary Public ft unry BR(I 13)23-3M. 9-93 CWw"M Evil" may 18, fw Assistant Secretary Vice-Presi ent STATE OF MARYLAND CITY OF BALTIMORE ss` 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. /J STATE OF Nhw �.,.... COUNTY OF_____ CITY OF -------------------------------- SS: ---—--— -- JJJ S MAP' On this ----------------------- -------------------day of _ —--------------------------- to the year 19_� before me personally came ------ RQbP.ri~_C,.___T_3tii,-M—----- ------------ ------ ---to me known, who, being by me duly sworn, did depose and say that he resided in the City of____Ga1AP_r__Cj,y_r_.N)L________________________ 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. _. Notary Public County BR(93)94-6M, 11-92 236845 �Y y vL(31 h6'. 0 • r EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. 21203 Statement of Financial Condition AS OF JUNE 30, 1995 The go. Companies ASSETS Bonds..............................................................................$ 398,186,923 Stocks............................................................................. 173,766,860 Real Estate.......... 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 I 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. 0 a T4Fy�, � I +, Notary Public My commission expires June 3, 1997. �iass«ws, JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER �o��gUFFO(,�C y1 o- cc = • i OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 4, 1996 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1800 Amma Construction Corp. 192 West 9th Street Huntington Station, New York 11946 Gentlemen: The Southold Town Board, at a regular meeting held on April 2, 1996, accepted the bid of James H. Rambo, Inc., Southampton, N.Y., in the amount of $47,712.00, for the replacement of Brushes Creek Bridge with a new Structural Plate Box Culvert, all in accordance with the bid specifications. Thank you for submitting your bid on this project. Your 5% Bid Bond is returned herewith. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure • 0 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Amma Construction Corp. 192 West 9th Street, Huntington Station, NY iT'T 7ert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and American Automobile Insurance Comapn 48 So. Service Rd. r Melville,NY 1174? Mere insert full nam, and address or legal title o Su ety) a corporation duly organized under the laws of the State of Missouri as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of 5% of the amount bid Dollars ($ 5% amt. bid ), 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) Replacement of Brushes Creek Bridge NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 18th day of March 1996 (Witness) Amina Chnstruction Corp. (Prin4ip�11)1 _ (Seal) i. otx� �4�vt.,vt2r>°i� (Title) (tCi�f CIL( American Automobile Insurance Company (Surety) i (Seal) (Witness) V �L'✓�+ /�.� �,,��. Theresa S Burke-- f�orney-in-Fact AIA DOCUMENT A310 • BID BOND • AIA ®• FEBRUARY 1970 ED • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 i 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 executea the same. 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 ILL,U �Ue-kL County of S� //L ss. On this ;0 day of 19 q6 , before me personally came « o E �/`�4CJ�f /'�'�'j'i'� �� to me known, o who being by me duly sworn, did depose and say that he is the✓� C �y( U Y/� Q of Tr`VL IAi1L— 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;- Ah&�ed by order of the Board of Directors of said corporation, and that he signed hi, UW name thereto by like order. ry Public, State of New QuaNfAied i�,� SESOO�pap Yost My commission expires TAn^ •:.�es�uffOlkCoulft '�O 199,o Notary Publ' --------------------------------------------------------------------- State of New York Nassau 1 ss. County of J On this 18th day of March 19 96 , before me personally cams e E Theresa S. Burke D to me known, who, being by me duly sworn, did depose and say that m m 5he is an attorney-in-fact of American Automobile Insurance Company the corporation described in and which executed the within instrument; that he knows thecorporate seal of said corporation; that the sez Q 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 New_ _ No. 5007879 ICIork_ cucv My commission expires Qualified '-n v*@ Countyp Commission Expires Feb. 26, 191 FORM # 13 Notary Public GENERAL PUwE$ Of . A77ORNEY AMEN AUTOMOBILE INSURANCE C AVY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMP 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 AGNES V. MULHALL and THERESA S. BURKE , jointly o r severally BETHPAGE NY its true and lawful Attorneys) -in -Fact, with full power attd authority hereby conferred in its name, place and stead, to execute. seal, acknowledge and deliver any and all boads. undertaking, resogni=ces or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. This power of attorney is granted pursuant to Article VII. Sections 45 and 46of By-laws of AMERICAN AUTOMOBILBINSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorney-ia-Fsd and Agents to accept Legh! Proam and Mabe Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vke-President or nay other person authorized by the Board of Directors, the Chairman of the Board of Directors, the PresWkat or any Vice-Preskkut may, from time to time, appoint Revdrnt Assistant Secretaries and Attorueys.In-Faat to represent and ad for and an behalf of the Corporation and Agents to accept legal process and make appearances for and oa behalf of the Corporation. Sec ion 46. Aathadfr. The tatbor W of sareh Resident Assistant Secretaries. Attornaysro-Fad aa:d Agents sbsli be as pnmmlbed In the imtr ameat eridencing their appointment. Any tech appoiatmeet nand ail authority Srwtad tbereby may be revolted at arty time by the Board of Directors or by nay person empowered to make such appointment." This power of attorney is signed and sealed tinder and by the authority of the following Resolution adopted by the Board of Directors of AM1RiCAN AUTOMOBILE INSURANCE COMPANY at a mewing duly called and held on the 31st day of July. 1984, and said Resolution has act been amended or wed= "RESOLVED, that the signature of any Vice•Presideat, Assiera.,a Secretary. and Resident Assistant Secretary of this Corporation, and the seal of this Corporation maybe affixed or printed on arty power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or catuacate bearing such facsimile signarum or fac imile seal shag be valid and binding upon the Corporationw IN WITNESS WHEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice -President. and its corporate seal to be hereunto affixed this 2 8 t h day of S e u t e m b e r —1994 i AMERICAN AUTOMOBILE INSURANCE COMPANY 3 :.ri6AL:it By v;o.-t+wPamc STATE OF CALIFORNIA �. COUNTY OF MARIN On this? R r h day of C o .. r e m t. Q r 19 before the personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vux-Pre ident of AMERICAN AUTOMOBILE INSURANCE COMPANY, the Corporation deseibed in and which executed the above instrument: than he knows the seal of said Corporation: that the seal affixed to thesaid insuumcm is such corporate seal: that it was so affixed by order of the Board of Diretaors of said Corporation and that he signed his name thetao by like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above written. OFRCIAL NOTARY SEAT. A. KRIEiZ1 -td Notary Pudic — CaNdrtrla MAAW COUNTY My Comair Exp- MAR 20,1965 CERTMCATE STATE OF CALIFORNIA ss COUNTY OF MARIN I. the undersigned. Resident Assistant Secretary of AMERICAN AUMMOBME INSURANCE COMPANY, a MISSOURI Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and bays not beat revoked. and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporatic u and the Resolution of the Board of Directors: set forth in the Power of Attorney, are now in force. Signed and seated at the County ui M.cia- Dated the 36071 1 -.kA -2-94 Firemans Fund Fireman's Fund Insurance Company ASSETS AMERICAN AUTABILE 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 1 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 ) ss County of Marin ) 1, M. A. Mallonee, 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. E A L State of California County of Marin ) ss Vice President Subscribed and sworn before me, a Notary Public of the State of California, in the County of Marin, this 17th day of February, 1995. finsimt94 CE 0 mm# 1031125 C� wrMy Kax - cura m < a i91VCowwE1WkwJuw25.19W-& Notary Public of California 777 San Marin Drive, Novato, CA 94998 415 899 2000 t JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER g%SFFO(,��OG �� y1 0 COD Z o4,- OFFICE y OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 4, 1996 Araz Industries, Inc. 55 Lamar Street West Babylon, New York 11704 Gentlemen: Town Hall, 53095 Main Road P.O. BOX 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 The Southold Town Board, at a regular meeting held on April 2, 1996, accepted the bid of James H. Rambo, Inc., Southampton, N.Y., in the amount of $47,712.00, for the replacement of Brushes Creek Bridge with a new Structural Plate Box Culvert, all in accordance with the bid specifications. Thank you for submitting your bid on this project. Your 5% Bid Bond is returned herewith. Enclosure Very truly yours, Judith T. Terry Southold Town Clerk TWE AMERICTN INSTITUTE OF ARCHITECTS AIA Document A31O BOND NO- :1756235-200 1756235-200 KNOW ALL MW BY PRFSIIM, that we Araz Industries, Inc. 55 T -q= Street West Babylon, New York 11704 (Here insert full name and address or legal title of Contractor) as Principal,hereinafter called the Principal and Utica Mutual Insurance Ccaapany 180 Genesee Street New Hartford, New York 13413 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are held and firmly bound unto Tom of Southold 53095 Main Road (Here insert full name and address or legal title of Owner) Southold, New York as Obligee, hereinafter called the Obligee, in the sum of **5% of the amount of the bid not to exceed Five Thousand Dollars & 00/100*** Dollars ($ 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 Repflaceme$t of Brushes Creekiridge, Here insert ull 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. (Witness) Bid Date:03/21/96,Bond Amt:S% of $100,000• day of March, 19 96 Araz Industries�.Inc. ��r.T�r'��•1 Utica Mutual AIA DOCUMENT A31O • BID BOND • AIA @ • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECT'S, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 (Seal) ) Attcrne-y-in-fact State of • ss. County of c d 9 On this day of 19 , before me personally came � 3 c0 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. My commission expires Notary Public --------------------------------------------------------------------- State of 1 ss. County of ) On this day of 19 , before me personally came to me known and known to me v to be a member of the firm of Q described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public --------------------------------------------------------------------- State of 1 County of Su � F I �' ) ss. On this Z 1 f + day of Het(_ - , 19S_, before me personally came c . a S MI rrL Zsr� to me known, ac who being by me duly sworn, did depose and say thZhe is the o c Q&Faz 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 w.as Mffixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. -.r NOW Yom 25 1 + My commission expires c : r .,ima t _uiv �� 4 9 b. Notary Public --------------------- — =—'= ---------------T --- ----------------- ✓ State of NEW YORK County of WESTCHESTER 1 ss. On this 21stday of March, 96 19 before me personally came m > DENISE ALE%ANIAN to me known, who, being by me duly sworn, did depose and say that d d v'� he is an attorney-in-fact of UTICA MUTUAL INSURANCE COMPANY the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal Q affixed to the within instrument is such corporate seal, and that he signed the saidinstrument andaffixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing 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 Notary Public FORUM # 13 UTI10 MUTUAL INSURANCE COL&NY FINANCIAL STATEMENT AS OF DECEMBER 31, 1994 From Annual Report Filed with New York Insurance Department ASSETS U.S. Governmental Direct Guaranteed Bonds.., $ 200,590,877 Ali 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 Surplus Funds: LIABILITIES AND SURPLUS Reserve for All Losses...... . , . . _ . S 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 Dividend Reserve ...................... $ 2,371,121 General Voluntary Reserve ............. 1,500,000 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. i ROSEMARY WADAS Notary Puux in the state of New York AGAointed in Oneida County My Commission Expires April 30.1—.— 8-B-50 Ed. 4-95 r , Chairman & CEO Attest W Ser, etary • • UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NDN YORK No <; g56235-20 POWER OF ATTORNEY Know all men by these Presents, the U T ICA MUT UAL INSURANCE COMPANY, as a New York Corporation, having its principal office in the T own of New Harr;ord, County of Oneida, State of New York, does herebv make, constitute and appoint Edmund J. Bergassi, George D. Skinner, Denise Alexanian New Rochelle, Ne*a York its true and lawful Artorney(s)-in-fact in their separate capacity rr more than one is named above to make, execute, sign, sea! and delivery for and on its behalf as surety and as its act and deed (without power of receiegation) any and all bonds and undertakings and other writings obligatory in the nature thereof (except bonds guaranteeing the payment of orincipal and interest of notes, mortgage bonds and mortgages) provided the amount of no one bond or undertaking exceeds ONE MILLION AND 00/I00 ---------------- Dollars (Sl nnn nnn nn--- . The execution of such bonds and undertakings shall be as binding upon said UTICA M1_17UAL INSURANCE COMPANY as fully and to all intents and purposes as T the same had been duly executed anc ackncwiedged cy,its regularly eiectec officers and its Home Office in New Hartford. New York. This ?ower of Attorney is granted under and by aurhoriry of the following resolution accctect by the Directors of the U7 ICA MUTUAL INSURANCE COMPANY on the 27th day of November, i_c6l. 'Gesorvee, that the President of any Vice-Pres;cent, in =nrun=on with me Secretary cr any Assrstarr, Secretary, me anc may are nereey autnonzec and emcowerec to acmoint Atsorneys-in-vac. et me Comoany, in its name anc as its acs. to execute anc acxnowiecge for anc on its oenalf as Surety any anc all cones. recoenrzances, cantracs of indemnity and all other wntires eoiicatory in me na^:re rtereof. wtm cower to aracn tneretc the seal of me Company. Any such writings so executed my suc i A-.orneys-m-mc: snail me orncinc upon rte Company as if they hac mean euiy acxnowiecgec my me reguiany eiecec Officers of me Company in tneir own proper persons. ,,No Tneretcre, rte signatures Of such --racers ane me seal of me Cameany may me affixed to any such Power cf Aromey my a facsimile. anc any sucn Power of Artorney mearine suer, mcsimue signatures or seal snail me vatic and mincing ucon me Contcany.' In Witness Whereof. the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by its Authorized, Officers. this 1st day of December , 19 93 . .r - Secretary STATE- OF NEW YORK COUN i -Y OF ONEIDA ss: UTiCA MUTUAL INSURANCE COMPANY Gt! Charmtanrcf me Boarc ChiefExecutive Oficar On this 1st day of December 19 93 before me. a Notary Pubiic in and for the State of New York, personally came W. CRAIG HESTON and GEORGE P. WARDLEY to me known, who acknowiecgec execution of the preceding instrument and, being by me duly sworn, do depose and say, that they are President and Secretary respectively of UTICA MUT UAL INSURANCE COMPANY: and that the seal ar'ixed to said instrument is the corporate seal of UTICA MUTUAL INSURANCE COMPANY; and that the said corporate seal is affixed and their signatures suoscribed to said instrument by authority and order 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. ` 1914 „ Ro wary Wada s Notary Pumito STATE OF NEW YORK COUNTY OF ONEIDA I ss: J11n 1, 7-te-ailen J- Lbrenz Assistant Secretary of theUT1CA MUT UAL INSURANCE COMPANY co nereoy certifymat the foregoing is a true and correct copy of a Power of Attorney, executed by said UTiCA MUT UAL INSURANCE COMPANY, which is still in full force and effect. In Witness Whereat. 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 . A 1�, 4—,1* Assistant Secretarf 1] JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o�4gUFF0�,��0 O W +� 0 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 4, 1996 Bi -County Construction Corp. 21 Commercial Boulevard Medford, New York 11763 Gentlemen: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 The Southold Town Board, at a regular meeting held on April 2, 1996, accepted the bid of James H. Rambo, Inc., Southampton, N.Y., in the amount of $47,712.00, for the replacement of Brushes Creek Bridge with a new Structural Plate Box Culvert, all in accordance with the bid specifications. Thank you for submitting your bid on this project. Your 5% Bid Bond is returned herewith. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we BI -COUNTY CONSTRUCTION CORP. 21 COMMERCIAL BOULEVARD, MEDFORD, NY 11763 as Principal, hereinafter called the Principal, and AMERICAN AUTOMOBILE INSURANCE COMPANY ONE LIBERTY PLAZA, NEW YORK, NY 10006 a corporation duly organized under the laws of the State of MISSOURI as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of So OF AMOUNT BID Dollars ($ ) for the payment of which sum well and truly be made, 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 REPLACEMENT OF BRUSHES CREEK BRIDGE WITH A NEW STRUCTURAL PLATE BOX CULVERT BID DATE: 03/21/96 NOW THEREFORE, if the Obligee shall accept the bid on 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 tabor 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 Word covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed on March 13, 1996. BI -COUNTY CONSTRUCTION (Witness) r. t�-- (Witness) EARLE W. COUCH, PRESIDEN' (Principal) (Seal) �1_L -.- _L �_, AMERICAN AUTOMOBILE INSURANCE COMPANY (Surety) (Seal) 13 Y : V U- [I%,— Mimi I%,—Mimi Rubenoff Attorney -in -Fac -Title) Individual Acknowledgement State of County of On this day of , 19 , before me personally came and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge to me that he executed the same. My commission expires Notary Public ---------------------------------------------------------------------------------------------------------------------------- Firm Acknowledgement State of County of On this day of 19 , before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public ---------------------------------------------------------------------------------------------------------------------------- Corporation Acknowledgement State of New York County of Suf f olk On this 15 day of March , 19 96 ,before me personally came Earle W. Couch to me known who being by me duly sworn, did depose and say that he is the President of Bi—County Construction Corp. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed OOLM"ty like order. Notary Public. State of Now Yak My commission expires — Gooft 41004991384 (:j ("_� Feb a 1 Colleen Conroy Notary Public Surety Acknowledgement State of New York County of New York On March 13, 1996, before me personally came Mimi Rubenoff to me known, who, being by me duly sworn, did depose and say that he/she is an attorney-in-fact of AMERICAN AUTOMOBILE INSURANCE COMPANY the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney - in - Fact by author ty of\the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereo)T. MARIA DEPALMA _ NOTARY PUBLIC, STATE OF NEW YORK My commission expires No. 4787611 - QUALIFIED IN WESTCHESTER COUNTY v Notary Public COMMISSION EXPIRES OCTOBER 7, 1997 Fireman's Fund Fireman's Fund Insurance Company ASSETS: AMERICAN AUTOMBILE 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 1 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. Mallonee, 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. F_ A L State of Caiitarnia County of Marin ) ss Subscribed and sworn before me, a Notary Public of the State of California, in the County of Mann, this 17th day of February, 1995. finsum94 � am O a wcaw.�rm.u,i�e� Notary Public of California 777 San Marin Drive, Novato, CA 94998 415 899 2000 GENERAL "POWER OF ATTORNEY AMERICAN AUTOMOBILE INSURANCE CCANY , KNOW ALL MEN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY, 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 J. D. FILICE, RALPH INFANTE, MIMI RUBENOFF, jointly or severally New York, NY its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof ____ —------------ ___ and to bind the Corporation thereby as frilly and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Seaetary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorney-io-Fact and Agents to accept L 9W Procras and Make Appeara Kw - Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Via -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys-in•Fsct and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' . This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal 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 attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by its Vitt -President, and its corporate seal to be hermato affixed this 1() r h day of 0r t n h a r 19 9 h AMERICAN AUTOMOBILE INSURANCE COMPANY :cEw B _., y ViQ.-tt STATE OF CALIFORNi A ss. COUNTY OF MARIN On this 10thdayof October 19 94 before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of AMERICAN AUTOMOBILE INSURANCE COMPANY. the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation: that the seal affixed to the 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. ' ._, '• OFFICIAL NOTARY SEAL , �• A. KRIEGER Notary Public— California NO1^ Public MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA' ss. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, DO HEREBY CERTIFY 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 Corporatica, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in fora. Signed and wal-"d at the County uf lv.,.rin. Dated the 13th day of March 19 96 '++ t Nj• -CAL � ReudM Aa+aanr SsCetur 360711 -AA -2-94 RAYMOND L. JACOBS SUPERINTENDENT SOUTHOLD TOWN HIGHWAY DEPARTMENT Fax.(516)-765-1750 JAMES A. RICHTER, R.A. OFFICE OF THE ENGINEER TOWN OF SOUTHOLD MEMORANDUM TO: JEAN COCHRAN, SUPERVISOR & SOUTHOLD TOWN BOARD MEMBERS FROM: JAMIE RICHTER SUBJECT: ALUMINUM CULVERT @ BRUSHES CREEK PECONIC BAY BOULEVARD, LAUREL, N.Y. DATE: MARCH 17, 1997 ENGINEERING INSPECTOR PECONIC LANE, PECONIC, N.Y. Tel.(516)-765-3070 As you are aware, the above referenced culvert has had some initial settlement problems that so far have been cosmetic in nature and not considered to be a structural problem. This culvert has been under routine observation since it was installed. To date there is no evidence of structural failure or deformation that could lead to a potential failure of the structure. On two separate occasions, the road surface was patched with approximately 2" of asphalt. This was needed to level the road surface because there was differential settlement between an existing concrete abutment that was left in place below the road and the new structural fill placed immediately adjacent to it. The second application of asphalt occurred in late September of 1996. Since that time, there has been no evidence of further settlement. We will continue to monitor this situation and will keep you advised of any changes that may occur. cc: Raymond L. Jacobs 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 APRIL 2, 1996: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of O��S�FFO(�coG JUDITH T. TERRY Southampton, N.Y., in the amount of TOWN CLERK y x REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER O �� y RECORDS MANAGEMENT OFFICER Plate Box FREEDOM OF INFORMATION OFFICER accordance with. the bid specifications. 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 APRIL 2, 1996: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of James H. Rambo, Inc., Southampton, N.Y., in the amount of $47,712.00, for the replacement of Brushes Creek Bridge with a new Structural Plate Box Culvert, all in accordance with. the bid specifications. j Judith T. Terry Southold Town Clerk April 3, 1996 �t REOUEST FOR REPLACEMENT BRUSHES CREEK BRIDGE WITH A NEW STRUCTURAL PLATE BOX CULVERT BRUSHES CREEK PECON IC BAY BOULEVARD LAUREL, NEW YORK 11948 FEBRUARY 5, 1996 SOUTHOLD TOWN Ml ENGINEERING DEPARTMENT isl 4 PECONIC LANE PECONIC N.Y. 0 • 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 • 0 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 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 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 0 • 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) 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 A-1 0 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 mm 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 ti 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 B-3 • PROPOSAL FORM DATE: .3 Z 0/& NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: 0 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 wdr/e .0 % %/Z • 06 (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) days, the Town will accept or reject this proposal or by mutual agreement may extend this time per od. Signature of Bidder: Business Address: Telephone Number: %/,91&r Date:�o2��bb REPLACEMENT OF BRUSHES CREEK BRIDGE 0 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 be U(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 �QDA!ay oflltwl2m(J , 1996 (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 M 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: Certifies that - 1 2 BIDDER'S CERTIFICATION M /V 4th , it intends to use 1he foll ing li contract # (Bidder) construction trades in and and, 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 ip the,*e Bid Conditions, these trades being: ; and, 3. it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these g4q Conditions. (Signature of Authorized Representative of Bidder) REPLACEMENT OF BRUSHES CREEK BRIDGE E-1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document M10 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 P#incipal 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) (Seat) (Title) (Surety) (Seal) (Title) WARNING: Unlicensed photocopying violates U.S. copyright laws and Is sublept to legal prosecution. T H E A M E R I C A N s 1 N S T l T U T E O F AIA Docunzelzt A207 A R C H I T E C T General Conditions of the Contract for Construction THIS 1X0C1,'A1FA'7' HAS 1,11PORTANT LECAL C(MCSF.Q11EIVCF_S; 6-0,YSULTATIUN WITH An' ATTORNFY IS ENC0(-;RACE1) WITH RF.5I'1-G7' 7'U ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 12. UNCOVERING 'AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has heen arproved incl endorsed hx' the Associated General Contractors of America. Copyright 191 1. 19I S, 1918. 1925. 1937. 1951. 1958. 1961, 1963. 1960, 1967, 1970, 1976.,,c) 1987 h}' The American lnsticttte of Architccls. I -ice N(.« York Avenue, N.\X'., Washington. D.C.. 2000 6. Reproduction of the n)atcrinl herein or substantial quotation of Its provisions wi bout t% nucn permission of the AIA violates the culw'right laws of the Uniled States :uttl will he subject to Icgal prosecutions. i CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that chances will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A201 • GFNF.RAL CONDI'l IONS OF i'l[F CONTICACL FOR CONS'l-ItlIC )ON • FO1IRTEENT'll EDITION A A' • n 1487 T1113 AMERICAN INS ITH7'1"1: OF ARCIII'I"I?Cts, 171l, N1;\'(' FOI(F AVENI IE, N W, WASIIINUR)N. D'C. 210tK6 A201-1987 1 WARNING: Unlicensed nhMncopying violates U.S. copyright laws and is subject to legal prosecution. 0 INDEX Acceptance of Nonconforming Work ......... 9.6.6, 9.9.3. 12.3 Acceptance of Work .. ....... 9.6.6, 9.8.2, 9.9.3, 9.10-1. 9.10.3 Access to Work ........ .................. 3.16, 6.2.1, 12.1 Accident Prevention ..... ........................ 4.2.3, 10 Acts and ( )missions ... i?. 1 , 3.21, 3.3.2, i. 12.8, 3. 1 H, 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 .l, 3.1 1 Additional Cast, Claims for ... _ ..... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing ....... 4.2.6, 9.8.2. 12.2.1. 13.5 Additional Time. Claims for ........ .... 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3, 4, 9.4, 9.5 Advertisement or Invitation to [aid ...................... 1.I.; 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. 9-5.1, 9.6.3, 9.8.3, 9.10.1, 9.10.3. 9.10.4, 11.1.3, 14.2.4 Approvals .... 2.4, 3.3.3.3.5, 3.10.2, 3.12.4 through 3.12.8,3.18-3. 4.2.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5 Arbitration ..... . ... . .......... 4.1.4, 4.3.2. 4.3.4, 4.4.4.4.5, 8.3.1, 10.1 2. 11.3.9, 11.3.10 Architect .... ........ 4.1 Architect. Definition of. ................. ...... 4.1 .I Architect, Extent of Authority ... 2.4, 3.12.6. 4.2, 4.3.2. 4.3.6. 5.2. 6.3, 7.1 2, -.2.1, 7.3.6, 7.4. 9.2. 9.3.1. ().4. 9.5. 9.6.3. 9.8.2, 9.8.3. 9.10.1, 9.10.3, 12.1, 1_2.2.1, 13.5.1. 13.5.2, 14.2.2, 14?.4 Aichncct. I,imiumo ns of Authority and Rcsponsihilita . 3.3.3, 3.12.8. 3.12.11, q.1.2. 4.2.1. 4.2.2, 4.2.3. 4.2.6, 4.2.7, 4.2.10. 4.2.12, 4.2.13. 4.3.2, 5.2.1. 7.4. 9.4.2. 9.6A. 9.6.6 Architect s Atl(iitinnal Scr( ices :utcl Expcn.scs ... ... . 2.4, 9.8.2, 11.3.1.1, 12.2.1, 121.4, 13.51, 13.5.3, 14.2.4 Architect's Administration of the Contract ..... .... 4.2, -3.3.6. 4.3.7, 4.4. 9.4, 95 Architect s Approvals 2.4. 35.1, 3.10.?. 3.12.6. 3.12.8, 3.18.3, 4.2.- Architect s Authorin- to Reject Work .... 3.5. 1, 4.2.6, 12.1 .21 12.2.1 Architect's Copyright ... ........................... I.3 Architect s Occisions.. .... .. •3.2.6, 4.2.7, 4.2.1 I, 4.2.12, 4.2.13. i 2, -4.3.6, i. i.l , 4. i. i. J.5, ().3. 7.3.6, - 3 8, H.I .3. 8.3. 1. 9.2.94,9.5.1,9.8.2,9.9.1, 10.1.2. 13.1.2.1411, 14.2.4 Architcc('s Inspections 4.2.2, 4.2.9. 4.3.6, 9 4.2, 9.8.2, 9.91, 9.10.1. 13.5 Architects Insouctions .. 4.2.6. 4.2. 7, 4. 2.8, 4.3.7. 7.4.1. 12.1, 135.2 Architect s Interpretations ................. 4. 2.1 I, 4.2.12. 4.3.7 Architect's On -Sit(• 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 Archiicct'.s Relationship xith Contractor ....... I.1,2, 3.2.1, 3.2.2, 3.3.3. 3.5.1, 3.7.3, 3.1 I, 3.12.8, 3.12.1 1, 3.16, 3.18.4 2.3, 4.2.4, 4.2.6.-1.2.12,5.2,6.2.2,7.3.4,9.82. i1.3.7, 12.1. 13.5 Architect's Relationship (yith Subcontractors .... 1.1.2, 4.2-3, 4.2.4. 4.2.6, 9.6.3, 9.6.4. 11.3. Architects Representations ............ .... 9.4.2, 9.5.1. 9.10.1 Architect s Site Visns .... ... 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4,2, 9.1.1, 9.8.2. 9.9.2, 9.10.1, 13.5 Ashcsius ... .. . .......... ........... I.... 10.1 Aitornet'S' Fees............ 3. I8.1 , 9.10.2. 10.1 .4 .. A�% and of Separate Contracts. ............... 6.1.1 Award of Subcontracts and Other Contracts for Portions of the Work .. ....................... ... 5.2 Basic Definitions . .............................. ... 1.1 Bidding Requirements . 1. 1. 1. 1, 1.-. 5.2.1 , 1 1 A. I Boiler and Machinery Insurance ............. ... 11.3.2 Bunds. Lien 9.1 O.2 Bonds. I'crformancu anal 11avnicn( . ,. 1.6.4. 9. 10. 3, 1 1.3-9, 1 1 ,,1 Building Permit .............................. ..... 3.7.1 Capitalization ................... ............ ...... 1.4 Certificate of Substantial Completion ............. ..... 9.81 Certificates for Payment. . . .... 4.2.5, 4.2.9, 9 3.3, 9.4, 9. S, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3. 13.7, 14.1.1.3, 14.2A Certificates of Inspection, Testing or Approval ..... 3. 12.1 1, 13 ; 4 Certificates of Insurance .................. 9.3.21 9.10.2, 1 1. 1 .3 Change Orders. . ... I .1 .1 , 2.4.1 , 3.8.2.4, 3. 1 1. 4.2.8, 4. i.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 ............................ 11.3.1 Claims and Disputes ................ 4.3, 4.4, 4.5. 6.2.5. 8.3.2, 9.3.1.2. 9.3.3. 9.10.4, 10.1A Claims and Timely Assertion of Claims 4.5.6 Claims for Additional Cost ........ 4.3.6.4.3.7, 4.3.9, 6,.1.1, 10 3 Claims for Additional Time ...... ..... 4.3.6, 4.3.8, 4.3.9, 8.3.2 Claims for Concealed or Unknown Conditions .... ..... 4.3.6 Claims for Damages ... 3.18, 4.3.9, 6.1.1, 6.2.5. 8.3?, 9.5.1.2, 10. L4 Claims Suhjeci to Arbitration ............... 4 3. 2, 4A.•i, d.5 I Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Conditions Relating to .... 2.1.2. 2.2.1, 3.2.1, 3.2.2. 3.7.1, 3.10.1, 3.12.6. 3.71 5.2.1, 6.2.21 8.1.2, 8.2.2, 9.2. l 1.1.3, 1 1.3.6. 11.4.1 Commencement of the , ork, Definition of. 8. 1 2 Communications Facilitating Contract Administration ........................ ;.9.1, 4.2.4. 5.2.i Completion, Conditions Relating to ....... 3. 1 I, 3.1 5, •3.21. -i.2.9. '1.3.2, 9.4.2, 9.8, 9.9.1, 9.10, 1 1.3.5. 12.2 1, 1 COMPLETION, PAYMENTS AND.. . . . ....... ........ 9 Completion. Substantial ..... ... 4.2.9, 4.3.5.2. H.I.I. 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, ii.3, 13.1, 13.5.1, 13.5.2, 13.6. 14.1.1. 141.1.3 Concealed or l inknown Conditions ......... .. 4.3.6 Coll(litionsolthe(,.onLr:r(•t ................ 1 1,1, I.I.-,0A,I Consent, Written .................. I.i.l , 3.12.8, 3.14.1, i.1.2. 4.3.4, 4.5.5, 9.3.2. 9.8.2, 9.9.1. 9.10.2, 9.10.3,10.1.2. 10.1.3, 11.3.1, I t.3.1.4, 1 1.3.11. 13.2, ],3A.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS ................... .... ..... i . L4, 6 Construction Change Directive, Definition of .............. Construction Change Directives .... 1. I.1, 4.2.8, ?. i , 7.3, 9.3.1.1 Construction Schedules, Contractors ............... 3. 1(. 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.•1.1.1. 14 Contract Administration ..................... 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 IA. 1 Contract Documents, The 1.1, 1.2. 7 Contract Documents, Copies Furnished and Use of... 1.i. 22.5. Contract Documents, Definition of Contract Performance During Arbitration ............ 4.3.4, 45.3 Contract Sum .......... ... .. . 3.8.4.3.6, 4.i.7, 4.•1.4, 5.2.3. 6.1.3, 7.2. 7.3, 9.1, 9.7, 11.3.1. 122.4, I2. i, 14.2.4 Contract Sum, Definition of ................. .... 9.1 Contract 1'intc •1.3.6, 4.3 8. 4.�i. I. '.2.1 .3, 7.3. 8.2.1, 8.3.1. 9. 7, 12A.1 Contract Time. Definition of ................... ...... 8.1.1 AIA DOCUMENT A201 ,GENERAL CONDIiIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION' 2 A201-1987 A A' • c) IPA- THE AMERICAN INSTITUTE OF ARCHITECTS. 1-39 NEW PORK AVENUE, N.V., WASHINGTON, 1).(: 20000 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's Relationship with Separate Contractors and Owner's Fortes ...... 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..3.12.83.16,3.18,4.23,42.4,4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13:5 Contractors Representations.. 1.2.2, 3.5.1, 3.12.7,6.2.2.8.2.1. 9,3-3 Contractor's Responsibility for Those Performing the Work ............... 3.3,2, 3.18, 4.2.3, 10 Contractor's Review of Contract Documents ...... 1 2.2, 3.2, 3.7 .3 Contractor's Right to Stop the Work ...................... 9.7 Contcictor's Right to Tcrminaic the Contract .............. I,i.I (;ontrac'tor s Submittals ....... 1. 10, 3.1 1 ,'1. 12, 4.2.7, 5.2.1, 5.2.3, 7 3.6, 9.2. 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2. 11.4.2, 11.4.3 C;onlractor'sSuperintendcnt ...................... 3.9, 10.2.6 Contractor's Supervision and Construction Procedures...... 1.2.4. 3"i, iA. 4.2.3. 8.x.2, 8.2.3, 10 Contractual Liability Insurance ................. 11.1.1.7, 11.2.1 Coordination incl Correlation .... ..... ... 1-2.2, 1.2.4. 3.3. I . 3.10, 3.12.7, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications ... 1.3, 2.2.5, 3:1 1 Correction of Work . ................... 2.3, 2.4, 4.2.1. 9.82. 9.9.1. 12.1.2, 122, 13..'.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. 62.3, 6.3, 7 3.3.3, 7.3.6, 7.3.7, 9.7, 9"8.2, 9.) 0.2, 1 l .3.1.2. 1 1.3.1 3. 11 .3.4, 11-3.9, 12.1 , 12.2.1. 12.2.4, 12.2.5, 13 5, 14 Cutting and Patching ........................... 3.14, 6.2.6, Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, l 1.1, 11.3, 12.2.5 Damage to the Work . ... 3.14.2, 9.9.1. 10.2.1.2, 102.5, 10 3. 11.3 Damages, Claims for .. 3.18, 4.3.9, 6. 1 .1, 6.2.5, 8.3.2, 9.5.1.2, 10.1 .4 Damages for Delay. ................ 6.1.1. 8.3.3, 9.5.1.6. 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition of .............. 8. I.3 Day, Definition of. . . 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2,4.3.6,4.4.1,4.4.4,45,6.3,7.3.6, 7.3.8,8.1.3.8.3.1,9.2, 9.4. 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification .......... 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work. Acceptance, Rejection and Correction of ............ 2.3, 2.4, 3.5.1, 4.2.1, 4.2.6. 43.5, 9.5.2, 9.8.2, 9.9.1. 102.5, 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 . 43.1, 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, 8.1.1, 8.3, 10.3.1, 14.1.1.4 Disputes . .......... 4.1.4, 4.3. 4.4, 4.5, 6.2.5, 6.3, 23.8, 9.3 1.2 Documents and Samples at the Site .... . ................. 3.1 1 f )ravings, Definition of I )ravings and Specifications. Use and Ownership of... . 1 .1 .1. 1.3. 2.2.5. 3.11. >.3 Duty to Review Contract Documents :Ind Field Conditions ..... 3.2 F.ffccdve Date of Insurance ................ . ..... 8.2.2, 11.1.2 Emergencies ..................... ........... 4.3. 10.3 Employees, Contractors .......... 3.3.2, 3.4.2, 3.8.1, 3.9. 3. l 8.1 , 3.18.2, 4.2.3, 4.2.6, 8.1.2. 10.2, 10.3, 11.1.1. 14.2.1.1 Equipment, Labor, Alateriais and .......... 1.1.3, 1 .1 .6, 3.4, 3.5. 1, 3.8.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2. 6.2.1, 7.3.6, 9.3.2. 9.3.3, 11 3, 12.2.4, 14 Execution and Progress of the Work ....... t .l .3, 1.2.3, 3.2, 3.4 1. 3 5.1, 4.2.2, 4.2.3, 4.3.4. 4.3.8, 6.2.2. 7.1.3, 7.3.9, 8.2, 8.3, 9.5. 9.9.1, 10.2, 14.2. 14.3 Execution, Correlation and Intent of the Contract Documents .......................... 1.2, 3.7.1 Extensions of Time ............. 4.3.1, 4.3.8. 7.2.1.3 `8.3. 10.3. I Failure of Payment by Contractor .........'..... 9.5.1 .3. 14.2.1.2 Eailurc of Pavment by Owner .............. 4.3.7, 9.7, 1 - i. I . + 1'atdty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 4.2. I , 4.2.9, 4.3.2. 4.3.5, 9.10, 11.1.2, 11.1.3. 11.3.5, 12.3.1, 13.- Financial Arrangements, Owner's. . .................... 2.2.1 Fire and Extended Coverage Insurance ... ............. GENERAL PROVISIONS ............ 1 Governing Law .................................... 13.1 64janinices (Sce Warrtniv and Warranties) 1 la'r:u'(louS Materials ..... ................ Identifici tion of Contract Documents ........... ...... 1.2 1 identifi(':ttinn of Suhcontrac'tors and Suppliers ....... . . . ;.'. I Indemnification ....... 3. 17, 3.18, 9.10.2, 10.1 .4, 1 1. . l . 2, 1 1 .3.- Information and Services Required of the Owner.... 2.1.2, 2.2, ,i. 3.,1, 6.1.3. 6.1 4, (3.2.6, 9.3.2, 9.6.1, 9.6.•3, 9.8.3, 9.9.2, !).10.3, 10.1.4, l l ._', 1 1.3. 1 3.5.1 , 1 3. 5.2 Injury or Damage to Person or Property ................ 4.3.9 Inspections ......................... 3.3.3. 3.3.4, 1.7.1 , 4.2.2. 4.2.6,42.9,4.3.6,9.4.2,9.8.2,9.9.2,9.10.1, 13. Instructions to Bidders ............................ Instructions to the Contractor .... 3.8.1, 4.2.8. 5.2. 1, 7, 12. 1. 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 .............. ........... . i 1.3.3 Insurance, Owner's Liability ......................... 11.2 Insurance, Property ...... ............ ..... 10.2.5, 11.3 Insurance, Stored Materials 9.3.2. 1 1.3.1. i INSURANCE AND BONDS ........................... . 11 Insurance Companies, Consent to Partial Occupancy .. 9.9.1 , 1 1.3. I 1 Insurance Companies, Settlement with ................. I 1.3 if) intent of the Contract Documents ................ 1.2.3, 3.1 ? 4.2.61, 42.7, 4.2.12. 4.2.13, 4 Interest ........................................... 13.6 Interpretation ........ 1 2.5. 1.4, 1.5, 4. I.1 , 4.3.1. 5. 1, 6. 1 .2, 8. 1 .4 Interpretations, Wduen 4.2.1 1, 4 1.12, 4. 3.7 Joinder and Consolidation of Claims Required ............. 4.S.6 Judgment on Final Award .............. . 4.5.1. 4.5.4.1. 4.5.7 Labor and Materials, Equipment .... 1.1.3, 1.1.6.3.4, 35.1, 3.8.2. 3.12.2, 3.12.3. 3.1 2.7, 3.1 2. 1 1 . 3.13, i. IS I . 4.2.7. 6._.l, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 1-4 Labor Disputes ................ ......... ...... I . 8.3. I Laws and Regulations ....... 1 .3, 3.6, 3.7. 3.1 3. 4. 1 . 1. 4.1.5. 4.5. 9.9.1. 10.2.2, 11 . 1. 1 1.3, 1 3. 1 , 13 4, 13.5. 1, 13.5.2, 1 3.6 Liens .... ........ .... 2.1.2. 4.3.2, 4.3.5. 1. 8.2.2. 9.3.3. 9. 10? Limitation on Consolidation or Joinder . _ .. ... .... 4.5.5 Limitations, Statutes of ..... _ . .. ... 4.5.4.2. 12.2. o, I i - Limitations of Authority 3.3. 1. 4. 1.2. •t.?. I. 4.2.3. 4.2.7, 4.2.10, 5.2.2. 5.2.4, 7 .4. 1 1.1.10 AIA DOCUMENT A201 ' GF.NERAI. CONDITIONS OF TI If CONTRACT FOR CONSTRUCTION ' FOtIRTEF;NTI I rDITION AIA' ' fc) lO8- T'IIF. AAIFRI(;AN INSTITI ITE C)F ARCIIITF.Cl'S. 1735 NF.\X' 1'ORR AVF.NI!F, N \X'., 1C'ASIIING'i"ON, ILC. 2(X)(6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 3 Limitations of Liahility ..... 2.3, 3.2.1, 3.5.1,3.7.3, 1.12.8, 1.12.11, 3. 17, 3.18. 4.2.6, 4.2.7, 4.2.12. 6.2.2, 9.4.2. 9.6.4, 9.10.4. 10.1.4, 10.2.5. 1 1.1.2, 1 1. 2. 1, 1 1.3. . 13.41, 13.5.2 Limicnions of l 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. 41.7, 4.2.11, 4.3.2, -4.3.3, 4.3.A,4.3 6, 4.3.9. 4.5.4.2. 5.2.1, 5.2.3, 6.2.4, 71.3.,1, 7.4, 8 ?, 9. 5, 9.6.2, 9.8, 9.9, 9.10. 11.1.3, 1 1.3.1. 11.3.2, 11.3.5, 11.3.6, 12.2.1112.2.2,13.5,13.7 Linitcuions of Time, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10. 3.1 1, 3.15.1. 4.2.1, 4.'_.11, 4.3, 4.4. 4.5. 5.3, 5.4. 7.3.5.'.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. 1 L 1.3, 11.3.6, 1 1 .3.10, 1 1.3.1 1, 12.2.2. 11.2.4. 12.2.6, 1 3.7, 1 1 Loss of Use insurance ..................... ...... 11.3.3 . Matcrial 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. 9.42, 9.6.5, 9.10.4 Materials, l l;v.:u dous 10.1. I0?.4 M:ncrials. Lahor. Equipmcnt and .... 1.1 .3, 1 .1.6, 3A, 3.5.1, 3.8.2. 3.12.2. 1.12.3. 3.12.7,3.12.1 1, 3.13, 3.15.1, 4.2. 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Means. Nlethoda. Techniques, Sequences and Procedures of Construction .. _ ....... 3.3.1, 4.2.3, 41.7, 9.4.2 Minor Changes in the Work .. ....... 1. L I, 4.2.8, 4.3.7. 7.1, 7.4 MISCELLANEOUS PROVISIONS . ...................... 13 Modifications, Definition of ...... .. ................. 1.1 .1 Modifications to the Contract ........ . I .1 . I . I . 1.2, 3.7.3. 3.1 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 \Vork, Rejection and Correction of ....... 2.3.1, i.35, 9.5.2. 9.8.21 12, 13.7.1.3 Notice ....... ..... 2.3, 2.4, 3.2.1, 3.2.2. 3.7.3. 3.7.4, 3.9. 3.12.9, 3.12.9. 3.1-. 4 3, 4.4.4, 45. 5.2.1, i.3, 5.4.1.1, 8.2.2. 9.4.1, 9.5.1, 9.6.1, 9.-, 9.10. 10 1.2, 10.2.0. 11.1.3. 11. 3, 12.2.2, 122.4, 13.3, 135.1. 13.52, 14 Notice, Written ......... .... 2.3, 2.4, 3.9, 3.13.8, 3.12.9, <i.3, -iA i. a.5, 5.2.1, 5.i, 5..1.1, 8.'_.? 9.,i.1. 9.5.1. 9. 7, 9. 10. I o. I .2, 10.2.6. 1 1 .1 .3. 1 1 .3, 12.2.2, 1 2.2.1. 13.3, 13 5 .2. 14 Notice of Testing and Inspections ................ 135.1 , 13.5.2 Notice u) Proceed ....... .............. ............. 9.2 .2 Notices, Permits, Fees and ...... 2.2.3. 3.7, 3. 13, 7.3.6.4, 10.2.2 Observations. Architect's On-Sitc ................. 41.2, i.2.5, 4.3.6. 9.4.2, 9.5.1, 9.10.1. 13.5 Ohscry:nions, Contetctor Is ....................... 1.2.2, 3.2.2 Occuptuu-y ......................... 9.6.6, 9.8.1, 9.9, 1 1.3.1 1 On -Site Inspections by the Architect 421, 4.2_9. 4.3.6, 9.4.2, 9.8.2. 9.9.2, 9.10.1 On -Site Ohsen'alions by the Architect ......... •i 2.2. 4.2.5, 4.3.6, 9. i. 1. 9.5.1, 9.10.1, 13.5 Orders, V rincn ............ 2.3, 3.9, 4.3.7. 7. 8.2.2. 1 1.3.9. 12. 1, 12.2, 13.5.1, 14.3.1 OWNER ... .... ................ ... ... ........ 2 Ocyner, Definition of ................................. 2.1 Owner, Information and Services Required of the ........ 2.1.2, 2.2, i.3. -i. 6. 9. 10.1.4, 11.2, 11.3, 135.1. 14 1.1.5. 14.1.3 Ocyncr s Authoritt........ . 3 8. 1. i.1.3, 4_).9. 5.2.1, 5.2.4. 5.4.1. -.3.1. 8.1.2, 9.i 1. 9.3.2. 11.•1.1, 12.2.4. 1;.5.2. 1it. L, 1-4.3.1 Oxync•r•S Financial Cap:thility ................... 2.2.1. 14.1.1 .5 Owner's Liability Insurance 11.2 c hyncr's Loss oft Ise Insurance .. 1 1.3.3 Owner's Relationship with Subcontractors ............ .. 1.1.2, 52.1. 5. i.1 . 9 6.•1 Oc ncr's Right to Carry Out the Work .. 2.4. IL.2.4, 14.2 2.2 Owner's Right to Clean Up ... . . ... ... ............. 6.3 Owner's Right to Perform Construction and to Award Separate Contracts .... I ............ ... .. 6.1 Owner's Right to Stop4he Work ................... 2.3, 4.3.- Owner's Right to Suspend the Work ... . ................. 1 ti 3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents ................ t .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, 61.0 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 ........... 41.5, 4.2.9, 9.3.3, 9.4, 9.5. 9m.1. 9.0.6. 9.7.1, 9.8.3, 9.10.1, 9.1(1.3. 13-7, I i.I.1.3, 10.2. t Payment, Failure of ..... .................... 4.3.7, 9.5.1.3, 9.7, 9.102, 14.1.1.3, 14.2.1.2 Payment, Final ............ .i 2.1, -1.2.9, 4.3.2, 4.3.5, 9. 10, 11. 1 ?. 1 1 .1 .3, 11-3-S, 1! 3-1 Payment Bond, Performance Bond and ............. '.3.6 -I. 9.10.3. 11.3.9, 11.4 Payments. Progress ......... ....... ........ 4-14.93,9-0, 9.8.3, 9.10.3. 13.6. 1•L2.3 PAYMENTS AND COMPLETION 9, I'l Payments io Suhconmic'tors .................... 5.=i.2. 9.5.1 .3. 9.6.2, 9.6.3. 9.6.4, 11.3.8. 1,i.2J.2 PC11................................... 10.1 .......... Performance flond anet Payment Bond ..... ......... 7.3 6.•i. 9.10.3, 11.3.9. I I i Permits, Fees and Notices ....... 2.2.3.3.7, 3.1 3, 7.3 6.,4, 10.2. 2 PERSONS AND PROPERTY, PROTECTION OF ....... .. 10 Poh•chlorinated Biphenyl I0 1 Product luta, Definition of ........................... 3.12. 2 Product Data and Samples, Shop Drawings .... 3.1 1.3.12, t.2.' Progress and Completion .. . ................ 4.2.2. -1.3 -1. 8.2 Progress Payments 4.3A, `) 3. 9.6, 9.8.3, 9.1(1.3. 13.6, 1-i.2.3 Project, Definition of the .. .......................... 1.1.4 Project Manual, Definition of the ..................... 1.1.7 Project Alanuais ....... .............. . ..... 2.2.E Project Representatives................. ........ . -4.2.10 Property Insurance ..................... ..... 101 , 11.3 PROTECTION OF PERSONS AND PROPERTY ........ .... 10 Regulations and Laws ............ 1.3. 3.6. 3.7, 3. l 3. 4.1.1.4.5.5. 4.5.7. 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 1'.-6, I -i Rejection of Work >.5. 1, 4.2.6. 12.2 Refeascs of Waivers and Liens ............. .. 9. 1().? Representations .... ... ................ 1.2.2, 35.1, 3. 12.-. 11.1.2. 8.2.1, 9.1.3, 9.4.1, 9.5.1, 9.8.2, 9. 10. 1 Rcpresc•nt:uiycs ......................... .. L.I I . 3. I . I. 3.`>. 4.1.1, 4.2.1, 4.2.10. 5 1.1. S.I.L. 13.2.1 Resolution of Claims and Disputes .. ...... ...... 4.4, i. Responsihifity foo -Those Performing the Work ............ 3.3.'. 4.2.3, 6. 1 .3. 0, 2, 10 Retainage ..... ... 9.3.1, 9.6.2, 9.8.3, 9.9.1, 9.10.2. 9. 10 i Review of Contract Documents and Field Conditions by Contractor . .......... 1.2.2.3.2, 3.-.3.3 12. - Review of Contractor's Suhminals by Owner and Architect 3, 10, 1. 3. 10 2, 3. I I ..{ 12. -1.2.7. 4.2.9. 5.2.1, 5.2.3. 9.L. 9.8_' Review of Shop Dr -a ings. Product Data and Sarnpics by COIII MOW .. ... ... .. Rights and Remedies . ..... ... 1.1 .2. 2.3. 2.1.3.5.1. 3.15 '. 4.2.6, 4.3.6, 4. 5, 5.3. 6.1. 6.3, -.3.1, 8.3 1. 9.5.1.9.7. 10,2.;, 10.3. 12.2.2, 12.2.4, 13.4, l i Royalties and Patents ... ... ... ... . 3.17 AIA DOCUMENT A201 - GFNF.RAL CONDITIONS OF THE CONTRACT FOR CONSTRVCFION - FOURTEENTH HATION 4 A201-1987 AIA'° - 1987 1'f 1E AhiFRICAN INSTITHIT OF ARCIIITECTS. 1735 NEW 1.ORK AVFNI tF.• N XV , at ASI IING'I ON DC !000h WAFINING- Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 7� Rules and Notices for Arbitration ............. .... .. 4.5.2 Safety of Persons and Property ....................... 10.2 Safety Precautions and Programs ... ... •1.2.3, 4.2.7, 10.1 Samples. Definition of ................ ... ......... 3. 12.3 Samples, Shop Drawings, Product Data and 11, 3.12, 4.2.J Samples at the Site, Documents and ................... 3.11 Schedule of Values ............................. 9.2, 9.3 .1 Schcduies. Construction ...... .. .... . .............. A. 10 Sc•par:nc Conu�acts and Contracu)rs .......... I .I.4. 3.14.2. 4.2.4, 4.5.5, 6, 11.3.-. 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 Sitc• Inspections ... 1.21, 3.3"4, 4.2.2, 4.2.9, 4.3.6, 9.8.2. 9.10.4, 13.5 Sitc 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 .......... I.1.1. 1.1.6, 1.1.7. 1.2.4, 1.3, 3.1 1 Stat Utes of (imitations . . . . . . . . . . . . . . . . . . 4.5.4.2, 12.2.6, 1 3. i Stopping the Work .......... .. 2.3. 4.3.7. 9.7. 10-1-2, 10.3. 14. 1 Stored �latcrials ........... 6.2. 1, 9.3.2. 10.2.1.2, 1 l.i.l .4, 12.2.4 Suhc•onmictor, Definition of ........................... 5. 1 . 1 SUBCONTRACTORS ................ ................. 5 Subcontractors, Work h}' .................. 11.4, 3.3.2. 3.12.1, 4.2.3, 5.3. 5.4 Subcontractual Relations ............. 5.3, 5. 4, 9.3.1.2. 9.6.2, 9.6.3, 9.6.4, 10.2.1, 11.3.7, 11.3.8. 14.1.1, 14.2.1.2. 14.3.2 Suhn)ittais ......... 1 .3, 3.2.3, 3.10, 3.1 I, 3. 12, 4.2.7. 5.2.1. 5.2.3. 3.(i, 91, 9.3.1, 9.8.2, 9.9.1. 9.10.2. 9.10.3, 10.1.2, 11.1.3 Subrogation, Waivers of .... .... ...... 6.1.1, It .3.5, 11.3.7 Substantial Completion ........... . <i.2"9. 4.3.5.2. 8.1 .1, 8.1.3, S. 2.3. 9.8, 9.9.1. 12.2.1. 12.2.2. 13-7. Substantial Completion. Definition of .......... ..... ... 9.8.1 Suhstitution of Suhcontractors ................ .. 5?.3, 5.2.4 Substitution of the Architect ........................... 4.1. Substitutions ofNlaterials ............................ 3.5.1 Suh-Suhcontractor, Definition of ................ ...... 5.1 .2 Suhsurface 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, 41"3, 4.3.4, 6.1.3, 6.2.4. 7.1.3, -.3.4. 8.2. 8.3.1. 10, 12, 14 Surcn................ 4.4.1. 4.4.4. 5.4.1 .2. 9.10.2, 9. 10.3. 14.2.2 Sureiv, Consent of ....................... 9.9.1. 9.10.2, 9.10.3 Survevs....... ........................ .... 2.2.2.3.18.3 • Suspension by the Owner for Convenience ....... .... 14.3 Suspension of the Work ............. .i.3.7, 5.4.2, I -I. L l i, I i. i Suspension or Tcnnination of the Contract ...... i.;.7. 5.4. 1. 1. I 1 Taxes ...................................... 3.6,'.3.(.4 Termination by the Contractor ........................ 14.1 Termination by the Owner for Cause ... ......... 5.4.1.1. 14.2 Termination of the Architect 4. l .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, 121. I , 13.5 TIME.............................................. 8 Time, Delays and Extensions of ...... ....... 4.3.8, 7.2.1. 8.3 Time Limits, Specific ......... 2.1.2. 2.2.1, 2.4, 3. 10, 3.1 1, 3.1 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, 9.8.2, 9.101, 11.1.3, 11.3.6, 11.3.In, It .3-11, 12.2.2, 12.2.4, 12.2.6. IA. 7. 1•i Time Limits on Claims ......... 4.3.2.4.3.3, 4.3.6. 4.3.9, 4.4. 4.5 Title to Work ................................. 9.3.2. 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work ........................ ....... 12.1 Unforeseen Conditions ..................... 4.3.6.8.3.1, 10.1 Unit Prices ................................. 7.1.4, 7.3.3.3 Use of Documents .... .. ...... 1 . I .1 , 1 .3, 2.2.5, 3. 12.-, 5 3 Use of Site . ....... .................... 3.13, r;. I .1. t,.2 1 Values, Schedule of 9.2, 9,3. I Waiver of Claims: Final Payment ....... ... 4.3.5, 4S. I. 9. 10.3 Waiver of Claims by the Architect. . .......... 13.4.1 Waiver of Claims by the Contractor...... 9. 10A. I 1 .3J, 1 3., 1. ,,X%fiver of Claims by the Owner ..... ..... 4.3 5. y.5.1 . 1).9 ;. 9.10.3, 1 1.3.3, 11.3.5, l I.i -, 13.4.2 Vlaiver of Liens ............. ...... I ..... U 10.2 %X'aivcrs of Suhrogation ................. . 6. 1. 1. 1 1.3.5, I 1,3 - Warranty anti Wnrraniics .................... .. 3.5, 41.9, 4.3.5.3, 9.3.3, 9.8.2. 9.9.1, 12.2.2, 13.'.1.3 Weather DcL•o:s................................... 4.3.8.2 When Arbitration May Be Demanded .. . ...... .. ... 4.5.4 Work. Definition of ................................. I. i .3 Written Consent .............. I .3.1 . 3.12.8, 3. 14.2, 4 1 .2. 4 3.4. y"3.2. 9.8?, 9.9.1, 9.10.2, 9.10.3. 10.1.2. 10.1.3. 11.3.1, 11.3.1 4. 11.3.11. 13.3, 13.4.1 Written Interpretations ...... ............ 41.1 1. 1.1.12, 1.3.7 Written Notice ......... 2. 3, 2.4, 3.9, 1. 12.8, 3. 12.9, -i.3. '1.4.4. 4. 5, 5.2.1, 5.i, 5.4.1.1. 8.2.2, 9.4.11 9.5.1, Q. 9.10, 10.1.1. 10.2.6. 11.1.3, 11.3. 12.2.2, 12.2.4, 13.3, 13.5.2, Id Written Orders ...... ....... ............... 2.3. 3,t). 4.3.7. 81.2, 11.3.9, 12.1. 12.2, 13.5.3, 14.3.1 AIA DOCUMENT A201 • (;F.NFRAI. (:)NI)ITRMS OF TIIF CONI IIAC"l FOR CONSTRUCII(W • FU ICI1:, iNT1I FIWIION AIA' ANil: RICAN INSTITUTE OF ARCT IfTFCTS. I -AG NF\Y' 1'()RF AVFNI IF., NAX'., NVASI IIN(;ION, 1). C. 200IX, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 5 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by hoth parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as, bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement 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 Suh- 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 may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may he the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans. elevations, sections, details, sched- ules and diagrttns. 1.1.6 THE SPECIFICATIONS The Specification.,; are that portion of the Contract Documents consisting of the written requirements for materials, equip - 6 A201-1967 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. 11' 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 farttil- 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 he required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architects 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 on'n or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set,. shall be returned or suitahly- accounted for to the Architect, on request, upon completion of the Work. The Drawings, Spccifications 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 • GFNF.RAI. CONDITIONS OF TI IF CONTRACT FOR CONSTRUCT ION • FOURTEENTH EDITION AIA'" • n 1997 T11F At iF.RI(:AN INST1TttTF. O1' AR('Itl"I'I:CT'S, 17-15 NF.\Y' YORK AVI--NIIF, N.IX'., Vt'ASIIIN(;'t'ON, D.C. 1000x; WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Work without the specific written consent of the Owner and Architect. 'file Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers arc granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall hear 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 he 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- hered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the ckxunlent or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- yuc'ntiv omit modifying words such as ''all" and ''any" and arti- cics such as "the" and "an." but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the pet -son or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term -Owner" means the Owner or the Owner's authorized representative 2.1.2 The O-vncr upon reasonable written rcqucst shall furnish to the Contractor in writing information -which is necessary and relevant for the Contractor to evaivate, give notice of or enforce mech:utic s lien rights. Such inRtrmalion shall include :t correct statement of the record legal title to the property on which the Project is located, usually referred to aS the site, and the 0,wner s interest therein at the time of execution of the Agreement and. -within five dams 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 10 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. /Mule: Unless such reasonable etwlen(e trete /urnished nn )-e(1twV prior to the evecutiou o% the Agreement. the prospective contractor would not be required to eyecute the Agreement or In commence the tt'ork.J 2.2.2 The Owner shall furnish SLirvc%,s describing physical characteristics. legal limitations and utility locations for the site of the Projcct, and a legal description of the site. 2.2.3 Exccpt for permits and fees which are the responsibility of the Contractor under the Contrict Documents, the O-vncr shall secure and par for necessary approvals, easements, asscss- 1] stents 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 he furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Uniess 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- sibilities of the Owner enumerated herein :incl especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article i 1 (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 faiis to`carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specificalhv 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 Contcictor def2LI1tS or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of -written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the 0,;vner may after such seven -clay period give the Contractor a second written notice to correct such deficiencies -within a second seven -dam period. If the Contractor within such second sevcn- day period after receipt of such second notice fails to com- mence and continue to correct any dclicicncies, the O-vnrr maty, -without prejudice to other remedies the 0,xiler nlav have, correct such deficiencies. In such case :in appropriate Change Order shall he issued deducting from payments then or thereafter due the Contractor the cost of correcting such c(efi- ciencics, 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 :ire not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 'file 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 "Contracutr" means the Contractor or the Contracio r's authorized representative. AIA DOCUMENT 4201 • GENERAL CONDITIONS OI' THE CONTRACT- FOR CONSTRUCTION • FOURTF,FN'il1 EDITION AIA' • rJ 19971'IIF AMERICAN 1N51'ITtITF.OFARCHITECTS, 1715 NF.\C' YORK AVENUE. N.W., WASIIINGTON. D.C. 2nn06 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 7 n 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 all appropriate amount of the attributahle 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 m once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and suhmittals 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 solei}° responsible for and have control over construc- tion nle:uls, 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 responsihle to the Owner for acts and omissions of the Contractor's employees, Subcontractors anti theiragents and employees, and other persons performing portions of the Work under a contract .with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's aclntinistration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Comnictor. 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 Contact Documents. the Contracror shall provide and pay for lahor, nlmch;i1s, equip- ment, tools, construction equipment :in(] machinery, v--;tter, heat. utilities, transportation, and other facilities and services ncccssar for proper execution and completion of the \Fork, whether tcntpomry or permanent and x1icther or not incorpo- rated or to he incorporated in the Work. 3.4.2 T'hc Contractor shall enforce strict discipflne and good order among the Contnactors employees and other persons carrying out the Contract. The Contractor shall not permit cnlpfoynlent of unlit persons or persons not skilled in tasks assigned to them. L 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owncr and Architect that materials incl 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 Contractors narranty 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 quafity of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer. use :mchsimf ar taxes for the Work or portions thereof provided by the Con- tractor which arc legoliv enacted when bids arc received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Coniractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or ncgo- tiAtions concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and I:ix"Ail 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 appficahlc laws, statutes, ordinances, building codes, and rules and regula- tions. i iowever, 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 COr such Work and shall hear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum :ill 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, hitt the Contractor shall not he required to employ persons Or entities against which the Contractor makes reasonable objection. 3.8.2 Unless othct-Nvise provided in the Contract Documents: .1 imiterials and equipment under an allovyancc shall he selected promptly by the Owner to avoid delay in the V'ork; .2 alfoevances shall cover the cost to the Contractor of matermis and equipment delivered it the site :md all required taxes, less applicahle tnide discounts: AIA DOCUMENT A201 • GFNFRAI. CONDITIONS of. -TI IF CC)N'rRAC: r FOR CONSTRUCTION • FOURTF:FNTII FDI' ION 8 A201-1987 AIA" • 198- TI IF ANIF.RICAN INSTI'I'I!TF.OF ARCI IITFCTS, 1'3S NFVI YORK AyFNIIF. N.V.. V AS) IIN(;*ION. 1) C 20/10r, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • .3 Contractors costs for unloading and handling at the site. labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances: .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall he similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. ']'lie schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- uact Documents, and shall provide for expeditious and practi- rable execution of the Work. 3.10.2 The Contractor shall prepare Land keep current, for the Architects approval, a schedule of submittals which is coordi- nated with the Conrractor's construction schedule and allows the Architect rcasonahle time to review submittals. 3:10.3 "File 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 anci 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 lic availahic 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 ;t c dntwings. diagrants, schedules and other dam specially prepared for the Work by the Contractor or a Subcontractor, Suh-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations. standard schedules, per- furmancc ch;arts, instructions, brochures. cliograms and other infornoation furnished by the Contractor to illustrate materials or equipment for sonic portion of the Work. 3.12.3 Samples are physical examples which illustrate materials. cgttipmcnt or workmanship and csctblish standards by which the \Fork will he judged. 3.12.4 Shop Dmcvings, Product Data, Sanipies and siniiini- sub- mittals arc not Contric•t DocunlentS. The purpose of their sub- mituil is to demonstrate for those portions of the Work for which submittals are required the way the Contnici or proposes to conform uo the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perforin no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective suhnlit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drwwings, Product Data, Samples and similar submittals, the Contractor represents thot the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents I)v the Architect's approval of Shop Drawings. Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such dcvi:ihon ;it the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not he relieved of responsibility for errors or omissions in Shop Dr:iw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data. Samples or similar suhmittals, to revisions other than those requested I)%- tile ythe Architect on previous submittals. 3.12.10 informational suhmittals upon \yhich the Architect is not expected to take responsive action imty he so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria Of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonahly encunoher the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall he responsihle for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a p(mion of the Work or fully or partially completed construction of the Chvner or separate contractors by cutting, patching or other- wise altering such construction. or by excavation. Thc Contm( - tor shall not cut or otherwise alter .such construction by the AIA DOCUMENT A201 • (;F.N@RAI. CONDITIONS of TIIF CONTRACT FOR CONST RtICTION • 1`011Ii'rEFNT1I F.D1110N AIA" ^ 198_'I I IF AM17R;CA"' INSTITUT1: OI: AItCI Irri:(:TS, 1'35 N17W YORK ,AVENI.F. N \ T X'., \XS1SI IINGON, I).('.. 2nntH, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 E 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- sonabiv withhold from the Owner ora 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 joss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor his 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 Irom performance of the Work, provided that such clain), dan)- age, loss or expense is attributable to hodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directiv or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any 'person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by :t limitation on amount or type of damages, compensation or hcncfits payahic by or for the Contractor ora Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The ohligntions of the Contractor under this Paragraph A. 18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, sun=eys, 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 he that of the former architect. 4.1.4 Disputes arising tinder Subparagraphs 4.12 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 Owners representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However. the Architect will not 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 - AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTF.FNTl I FDI_T ION' 10 A201-1987 AIA r)19N-lliF.Ah1FRICANINSTII'l!TFUFARCifITF(a"S, I?35NF\r'Y<)RKAVF.NI!F.N.\\.,\X'ASiIIN(;'I'UN.I)C ?nnrH, WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. E tractor. Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architects consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 135.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such aurhority 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 anti the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness :is to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, ,while allowing sufficient tune 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, uniess otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the (late or dates of Std)st:ultial Completion 111d the, date of final completion, will receive and forward to the Owner for the 0,-vner's review and records written warranties and related documents required by the Contract and assembled by the Contactor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 if the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying • out the Architect's responsibilities at the site. The duties. responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for thorn. 4.2.12 Interpretations and decisions of the Architect will he consistent with the intent of and reasonabiv inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and deasions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and -viii 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 ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest Witt) the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall he referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, 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 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 n ithul 30 clays after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) (lie Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must he 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 impienlented by Change Ordcr -will not be considered uniess submitted in a timch, manner. AIA DOCUMENT A201 • GF.NF.RAL CONi)ITIONS OF THE CONTRA(,r FOR CONSTRUCTION • FOURTEENTH EDITK)N ,\IA" • '�', 199- ll IE ANIttRICAN 1NS'I'Il'PTF. OF AR(:Ilil'F.CTS. 1715 NF.\X' YORK AVENUE, N.W., \VAST IINGTt)N. I).C. !nnrih WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 11 0 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. 1f 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 matcriali• ;ind cause an increase or decrease in the Contractor's cost of, or lime required for, performance of any part of the Work, will recommend an cyuitablc adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, tile Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must he made within 21 days after the Architect has given notice of the decision. if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall 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 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 rcasonnhlc grounds, (1 inl 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, .vritten notice as provided herein shall he given. The Contractors Claim shall include an estimate of cost and of proh:ihlc effect of delay on progress of tile Work. In the ease of A continuing delay only• one (-.1-aim is necessary. 4.3.8.2 If adverse weather conditions arc the hasis fora Claian for additional time, such Claim shall he documented by data 0 substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other parte', 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 prelinlinary actions within ten days of recc4)t 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 Clainl 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 resoled, 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 Architects preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial (,laitll 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 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, nodf}7 the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Anv 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 Suhparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Suhparograph 4.4.4 shall he suhicci to arbitration upon n•riLtcn elenland of either pane. Arbitration nlsn he conlnlenced when 45 days have pas.scd after a (:Iain) has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA DOCUMENT A201 • GENERAL CC)NIA11ONS of THE C()NTRAt,'IFort CONSVIW(71]ON • FUI1RI'FF.NI'IIf: 'T TI()N 12 A201-1987 AIA` • (C)I9R7 II IF AMF.11 WAN INSITI"I'TE OF ARCI II'rlit:'I ;C. I -'ii NF\C YORK AyCNUF. N %X . WAsI IIN(;') ( )N. I) 0016 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, he decided by arbitration in accordance with tile Construction Uxlustry 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. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim. (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of tile 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 supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable. and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would he barred by the applicabie statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Joinder. No arhitraticm arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and anv other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor 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 descrihed in Article 6 shall be included as an orig- inal third party or additional third part\- to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other :agreements to arbitrate -. ith an additional person or entity duly consented to by parties to the Agreement shall he specifically enforceahie under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A part}- who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which a-hilm- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable negicct, 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 nlav be entered upon it in accordance with applicable lane 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 Fork at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means :I Subcontractor or an authorized representative of the Subcon- tractor. The tern "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor 5.1.2 A Suh-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 '•Suh-suhcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or in 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 tar the bidding requirements, the Contractor. as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed'for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation. has reasonable objection to any such proposed person or entity. Failure of the Ownc•r or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whorl 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 Owncr 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 Sinn shall he increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall he issued. I ion ever, no increase in the Contract Sum shall he allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a suhcontractor, person or entity previously rclectc(l if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT A201 • GF.NF.RAI. CONDITIONS OF Tilt: CONTRACT FOR CONS IZUCiION • F01,114TEENTII EDITION AIA" • 'E'108- TI11i A\IF.RWAN INSTIL"11TE OFARCHITECTS, IITEC'TS, 1735 NFW YORK AVENUE, N%(',, WAST IING10N. 1).C. 200tt06 WARNING: Unlicensed photo—dying violates U.S. copwinhl Iaws and is subject to legal prosecuti A201-1987 13 • 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the \ ork 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, tins against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the SIIhCDiI- tractor in writing: and .2 assignment is subject to the prior rights of the surety, if anti•, obligated under bond relating to the Contract. 5.4.2 if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of suhrogation. if the Contractor claims that delay or additional cost is involved because of such action by the ( )caner, the Contractor shall make such Claim a., provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor cyho executes each separate )wncr-('.trntraculr At;rccmcnt. 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- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owners own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the 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 re;tsonabl' 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 damagc wrong- fully caused by the Contractor to completed or partially con)- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall he sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, sepimie con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and Surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost :unong those responsible as the Architect determines to he just. AIA DOCUMENT A201 • GF.NF.RAI. CONDITIONS OFT) IF CONTRACT FOR CONSTRUCTION • FOURTFENTn F-DIIION 14 A201-1987 AIA • (C)19871', ' 19871'IfE MiERI(;ATI INSTITUTE of ARCHrrECTS, 17, IS NEWYORK AVENUE. ti v',C'ASIIINGTON. 1) C'., 2n(nIf, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract. by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article _ and elsewhere in the Contract Documents. 7.1.2 A Change Order shall he haled 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: :in 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 Change Directive that application Of Such unit prices to quantiticS of Work proposed will c'ausc substantial inequity to the Owner or Contractor, the applicable unit prices shall he cquitahIv adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prep;irc•d by the Architect and signed by the Owner. Contractor and Architect, stating their agreement upon all Of the following: .1 a change in the Work: .2 the amount of the adjustment in the Contract Sum, if any: and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Niethods used in determining adjustments to the Contract Sum may 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 hoth. 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 adjust rent to the Contract Sum, the adjustment shall he haled Of) one of the following methods: 1 mutual acceptance of a lump Sum properly itemized and supported by sufficient substantiating data to per- mit evaluation: 2 unit prices stated in the Contract Oocunlcnts or suh- sc•qucntl• agreed upon: L J cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee: or .4 as provided in Subparagraph '.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 Contmc- for 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 cravings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. in such case, and also under Clause ?.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. finless otherwise provided in the Contract Documents, costs for the purposes (fl this Subparagraph 7.3.6 shall be limited to the following: .1 costs of lahor, including social security. old age incl unemployment insurance, fringe benefits required by agreement or custom, and workers or workmen s colllpcils;iLion incurarmee; .2 costs of materials, supplies and equipment, includ- ing cost Of transportation, whether incorpolratcd, Of consumed: .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others: .4 costs Of preiniumS for all honds and insurance, permit fees, and sales, use or similar taxes related to the Work: and .5 additional costs of supervision and field office person- ncl directly attributahle to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may he included in Applications for Payment. The 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 basis of net increase, if auly, with respect to than change. 7.3.8 if the Owner and Contractor do not agree with the adjustment in Contract Time Or the method for determining it. the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree With the deter- mination ni itle by the Architect concerning the adjustments in the Contract Sum and Contract "rime, or otherwise reach agree- ment inion the adjuStlrlents, such agreement shall he cffcciiyc immediately :incl shall he recorded by prcpartinn ;md ex(:cu- tion of in appropriate Change Order. AIA DOCUMENT A201 • GFNF.RAL CONDITIONS Of: THE CONTRACT FOR CONSTRt'CTION • FOURTF.F.NTII FDITIC)N SVA • 'C)109_1 lIF '"''I'M; NEW YORK Ay FNIRi. N U"., XASI IINGTON. D.C. 2oll(fo, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecutinn. A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4,1 T'he Architect will have authority to order minor changes in the \ ork not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with rhe intent of the. Contract Documents. Such changes shall he effected by written Order and shall he hinding 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 (- to of commencement of the Work is the date estahlished in the Agreement. The date shall not he postponed by the failure to :act of the Contractor or of persons or entities for whom the Contractor is responsibic. 8.1.3 The (late of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 'i'hc term "can " :is used in file Contact i ocunmenis .shall nmc:um calendar clap unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time fimits stated in the Contract Documents are of the essence of the Contract. [I}' executing the Agreement the (.on- ir:rc't()r confirms that the Contact 'rime is a rcasonahlc period for performing the Work. 8.2.2 The Contractnr shall not knowingly, except by agree- ment or instntction Of the Owner in writing, prcnmaturciv comt- n)ence operations on the• site or eiscylicic prior to the e f7ectiyc date of insurance required by Article I I to he furnished by the Contractor. The date of commencement of the Work shall not be cbangcd by the effective date of such insurance. Unless the cane of Commencement is established by a notice to proceed given hN the (hync•r, the Contractor shall motilj• the Owner in willing mm less Ihan five clays or other agreed period he•fnrc commencing the Work to permit the timely filing of mortgages, mcchanic's liens and other security interests. 8.2.3 'i is Contractor shall proceed expeditiously with ade- quate forces and shall achicyc Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed it -anv time in progress of the Work by an act nr negiect of the O-wner or Architect, or of an employee of either, Or of a separate contractor employed by the Owner, or by changes ordered in the \Cork, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes hcyond the Contractors control, or by clefay :wthorize•d by the Oxvner pending arbitration, or by other wrists Nk•hich the Architect determines may justify delay, then life Conuaet 'i'inie shall he extended by Change Order for such rcasonahic tittle as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance Vvith applicable provisions of P;mtgraph -i.3. 8.3.3 This Paragraph N.� doe- not preclude' recovery of danl- agc< for dc•l:iv by either party under other provisions of the• (.c)mtr:tet Docut)mcr[ts. • ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments. is the total amount pa}able 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 I avment, the Contractor shall submit to the Architect a schedule of values allocated u) various portions of the \Fork, 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 Applic:i- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At feast ten clays before the date estabiished for each progress pavment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule Of values. such application s11a11 he notarized, if required, and supported by such data S ubstantiating the Contractor's right to payment as the (>cyncr or Architect m;i. require, such as copies of rc(lidsi(ions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract I)ocuments. 9.3.1.1 Such applications ntay include requests for pavnacnt on :recount of changes in the Work which have been properly mithorizcd ht• Construction Ch:umgc Directives hilt not yci included in C:hamgc Orders. 9.3.1.2 Such applications may not include rcqucst,s for p:ty- nmcm of amounts the Contractor docs not intend to pay m :I Suhcomiactor or material supplier hccausc of a dispute or other reason. 9.3.2 Unless otherwise provided in the Comr:ict Docunx•nts, pa}-nments shall he made On ac'cnunt of materials and equipment delivered and suitahh' stored at the site for subsequent incor- por:niom in the \V( )I It approved ill achance I)y file Owner, p:n-ntem may similarly he imide for nt;acri:d.s and ecluipnlcill suitahly stored off the site at a location :[greed upon in writing. Payment ent for materials and equipment stored nn or off the site shall he Conditioned upon compliance by the Conu•actor cyith procedures satisfactory to the Owner to establish the O«•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 nmterinis and equipment stored off the site. 9.3.3 T'he Contractor warrants that title to :ill Work covered by :um Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of :um Application for Paynmcrtt all Work for which Certificates for Pavment have been previously issued and payments received from the Owner shall, to the hest of tilt• (;ontractor's knowledge, information and belief, he free incl clear of liens. clainms, security interests or encumbrances in favor of the Contractor, subcontractors. material suppliers. or other persons or entities making a claim by reason of h:mins; provided labor, materials and equipment refating to the \\'ork. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven clays after receipt of the Contractors Application for P:nmicnt, either issue to the AIA DOCUMENT A201 • c;F.NERAI. CONDITIONS OFTI IF CONTRACT FOR CONSTRI ICTION • r(A IR'I P:ENTI I I'DITION 16 A201-1987 AIA` •17:)1nH-TIF, AMERIC:ANINSTRUTEOFARCI IITFC'TS.I'Ai NFWNO R I', AV17NI IF, N%X.. 1,VA1,IIIN(,ION'.1).C.2001)0 WARNING: Unlicensed photocopying violates U.S. copyright lave and is subject to legal prosecution. 0 ()caner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly clue, or nodfv the Contractor and Owner in writing of the Architects reasons for -lit fthoiding Ccrttfication in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the hest of the Architect's knowl- edge, information and belief, quality of the Work is in accor- d.ince with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance (vial the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Pavment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) imide exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction nmc;IIIS, mCIhOdS, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for -ghat purpose the Contrac- tor has used money previoLISly 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 Paynment 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 Suhparagraph 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 :ts provided in Subparagraph 9A.1. if the Contractor and Architect cannot agree on a revised anmount, the Architect -will promptly issue a Certificate for Pavment for the anmount for which the Architect is able to make such representations to the Owner. The Archi- tect -may also decide not to certifv pavtnent or, because Of subsequently discovered evidence or subsequent observations, ,may nullify the Whole or a part of a Certificate for Payment prcyiously issued, to Such extent as may he necessary in the Architect's opinion to protect the Owner from loss because of: 1 defective Work not remedied; 2 third party clainms filed or reasonable evidence indict- ing probable filing of such cl;inms; 3 failure of the Contractor to make payments prop- erly tO Subcontractors or for labor, materials or cquipnlcnt: 4 reasonable evidence than the Work cannot he conm- pletccl for the unpaid halanc-c of the Contract Sum; 5 danmage to the Owner or another contractor; 6 reasonable evidence that the Work will not he com- pleted -within the Contract Tinic, ;and that the unpaid balance would not he adequate to cover actual or liquidated damages for the anticipated del;rya or 7 persistent failure to carry out the Work in accordance with the Contract i)ocumcnts. 0 9.5.2 When the above reasons for withholding certification arc removed, certification will be made for amounts previously -withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a (:crtifacatc (Or Pm1nmcnt. the Owner shall make payment in tyle manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Fork. The Contractor shall, by appropriate :agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner cm 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 nmaterial suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Pavment, a progress pavtnent. 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 Contrtctofs Application for Payment, or if the Owner does not pay the Contractor within seven dans after the (late established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect. stop the Work until payment of the amount owing has been received. The Contract Time shall 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 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract I)ocumcnts so the Owner can occupy or utilize the Work fir its intended use. 9.8.2 %glen the Contractor considers that the Work, or a por- tion thereof which the Owner agrees tO accept separtcly. is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of itenms to he completed or corrected. The Contractor shall proceed pre)mpth to conm- pfetc and correct items on the list. Failure to include in item cm such list does not after the responsihility of the Contracu)r tem complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect a.ill make an inspection to determine whether the work or dcsig- AIA DOCUMENT A201 • GFNFRAL CONDITIONS OF THE CON"rRACT FOR CONSIRUCrtON • FO URTtiFNT11 FI)ITION, ALA' • rc- I')R' "1'IIF. A\IERIr;AN 1NSTIl'1'TF. of ARCIIITE(:TS, 17AS NI'VI YORK AVF.NIT. N.W.. WASIIINGTON. U.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 17 nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is riot in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Corrl- plction, 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 (late 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 Hoon 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 adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is cicsignated by separate agreement with the Contrac- tor, provided .Such occupancy or use is consented to by the insurer as required under Subparagraph 1 1,3.1 1 and authorized public' uc' a bliuthriti oes having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and stthnlit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use. the Owner, Contractor and Architect shall jointly inspect the area to 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;i portion or portions of the Work shall not constitute accep- tance of % ork not complying with the requirements of the Contnict Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is read for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make lJ 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 Architects observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be clue 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 9.1 0.2 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 u) the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not he cancelled or alloyed to expire until at Icast 3U 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 he 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 hoed satisfactory to the Owner to indemnify the Owner against such lien. if such lien remains unsatisfied after payments are made. the Contnicwr shall refund to the Owner all money- that the Owner may he compelled to pay in discharging such lien. including all casts and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Werk, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work filly completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted .Shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner :is 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 by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall he in addition to the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A201 • GF.NFRAI. CONi)ITIONS OF THE CONTRACT FOR CONSTRI ICTION • FO111?TEENT11 FDITION 18 A201-1987 AIA"' rc) 1997, T IF AMERICAN INS. FITUTF Or Alto] IITFCTS, 1'}i NPX Yo I?K AVENUE. N \Y'.. WASIIIN(: rr)N. n t'. 2000, WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. U 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 ashestos or polychlorinated hiphenyl (PCi3) 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 arca 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 ;irhitration has not been demanded, or by arbitration under Article y. 10.1.3 The Contractor shall not he required pursuant to Article to perform without consent any Work relating to asbesios or poh chlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by lace, the Owner shall incicntnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them From and against claims, damages, losses and expenses, includ- - ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the m;ucri:il is ;ishcstc>.s or polyc'hlorm-,ucd hiphenyl (1'(i3) and has not hccn rendered harmless, provided that such claim, danl:lgc, loss or expense is attributable u> hodil%- injury, sickness, disc.tsc of death, or to injury to or destruction of tangible property (oilier than the Work itself) including loss of use resulting thcrcfronn, htu only to the extent caused in %viols• or in p:u't by negligent acts or omissions of the Ocvner, anyone directly or indirectly employed by the Owner or anyone for whose acts the 0%-,,Iler may he liahie, regarclicss of whether or not such claim, damage, loss or expense is caused in part by :t party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity nvhich would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may Ile affected thereby; .2 the Work and materials and equipment to he incorpo- ratc•d therein, whether in storage on or off the site, under care. CUStOdV or control of the Contractor or the Contractors Subcontractors or Suh-subcontrac- tors and .3 other property at the site or adjacent thereto, Such aS trees, shrulls, lawns, walks, pavements, roadways, structures :uxl utilities not designated for removal, relo- cation or replacement in the course of construction. is 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured tinder 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 paft 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 responsihle under Clauses 10.2.1.2 and 10.2.1.3. except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may Ile liable, and not attributable to the fault or negligence of the Contractor- The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible mennher 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 Contracutr in writing to the thvner and Architect - 10.2.7 The Contrctor shall not load or permit any part of the construction or site to be loaded so as to enckinger its salcty. 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:unage, injury or loss. Additional compensa- tion or extension of time cL•timed b1• the Contractor on account of an emergency shall he determined as provides! 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 CIO hUSIneSS in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor nlay he legally liable• whether such operations be by the Contractor or by a Subcontractor or by;tnyone directly or indirectly employed by any of thein, or by anyone for whose acts any of them n1;tv he li;lhle: 1 ChimS under workers' or worknnen's compensation. disahility henefit and other sinajl:u- employee henefit arts which are app(icahle to the Work to Ix performed; AIA DOCUMENT A201 • GENFRAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA' • tel19971'141? AAIFRICAN INS1'11'11TF OF ARC:iIITF.C1',4, 1-;5 NFV' YORK AVENI'F., N u'., �X�ASIIIN(,'T ON. D C. 20(10, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 19 • .2 claim.-, for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractors ennplovees: .3 claims for damages because of bodily injury, sickness or diseasc, or death of any person other than the Con- tractor'. employees; .4 claims for damages insured by usual personal injury liahilir• coverage which are sustained (1) by A person Asa result of an offense ciirectly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, hecause of injury to or destruction of tangible prop- erty. including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appii- cable to the Contractor's obligations under Paragraph 3.18- 11. 1.2 .1R- 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 oil an occurrence or claims -made basis, shall he maintained without interruption from date of commencement of the Work until date of final pavnlcni and termination of any coverage required to be main- tained after final payment. 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of tine Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until At least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- abiv available. an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. information concerning reduction of coverage shall be furnished by the Contractor n ith reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 'rhe Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner m.tv purchase and maintain other insurance for seif- protection against claims which may arise from operations under the Contract. The Contractor shall not he responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided. the Ower shall purchase and maintain, in A company or companies lawfully authorized to (to husincss in the jurisdiction in which the Project is located, property insurance in the :mount of the initial Con- tract Sunl ;..Nell X; subsequent modifications thereto for the entire \Vork ;n the site on A replacement cost hasis without yol- uncrr• deductibles. Such property insurance shall be main- minc•d. unicss otheryise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who :it-(.- beneficiaries of such insurance. until final payment ha.c heen manic as pr(wided in Paragraph 9.1 n or until no pet:son or entity L 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 Ower, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.1.1 Property insurance shall be on An all-risk 1N)licv form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false - work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required As a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 if the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors ;und Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner, if the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without .so notifying the Contractor, then the Owner shall hear all reason- able costs properly attributable thereto. 11.3.1.3 If the property insurance requires minimum dCdUCti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. if the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary CleCluc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments. this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the )•.title established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by L•Iw, 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 Suh- suhcontractors in the Mork, and the O,.vncr and Contraclor shall he named insureds. 11.3.3 Loss of Use Insurance. The Owner, At the Owner s option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's propern Clue to fire or other hazards, however caused. The Owner -waives all rights of action against the Contractor for loss of Ilse of the Owner's property, including consequential loss.. Clue TO fire or other hamr-cls however caused. 11.3.4 if the Contractor requests in writing that insurance lilt risks other than those described herein or for other special haz- ards be included in the property insurance policv, the On•ner shall, if possible, include Such insurance. anti the cost thereof shall be charged to the Contractor by appropriate Change Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRU('TION • FOURTEENTH f:1)1'1'I()N 20 A201-1987 AIA" • (q7) IaR7l'IIt: Atli ERICAN iNST1T1ITE OF ARCHITECTS. 1'. �5 NEW YORK AVF.NITE. N \ti , NVAS111NG rON 1) C 2200o WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent toa the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in :accordance with the terms of Subparagraph 1 1.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this R, -,liver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall File with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 1 1.3 or Other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as Fiduciary. The Owner or Contractor, as appropriate, sh:ll require of the Architect, Architect's consultants, .separate contractors described in Article 6, if anv, and the suhcontrac- tors, sub-suhcontractors, agents and employees of any of them, . by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- crated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirect]\-, 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 fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 1 13.10. 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 he charged against proceeds received as fidllCiarv. The Owner shall deposit in a separate account pro- ceeds so received- which the Owner shall distribute in accor- dancc Reith such agreement as the parties in interest may reach, or in accordance with an arbitration award in n-hich case the procedure shall he as provided in Paragraph 4.5. if after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11 11.3.10 The Owner as Fiduciary shall have ponrr ua adjust ;Ind settle a loss Reith insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power: if .such objection he made, arbitrators shall be chosen as provided in Paragraph 4.5 The Owner as fiduciary shall, in that case, stake settlement with insurers in accordance with directions of such arbitrators. If distribution of insurmce proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in acc'ordancc Nvith 11:1nigraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies :and shall. without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifiicaliv 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 heneficiary of bonds covering payment of oblig i - tions arising under the Contract. the Contractor shall proampti furnish a copy of the honds 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 Architect's request or to requirements specifically expressed in the Contract 60cuinents, it nitast, 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 heing 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 by the Architect or failing to conform to the requirements of the Contract Doctintents, whether ohscrved hcforc or aficr Substantial Completion and whether or not Ethricatcd, installed or completed. "ilio Contractor shall hear costs of c'orrec'ting such rejected Work, including additional IC -Sting and inspec- tions :and compensation for the Architects services :and expenses made necessary thereby. 12.2.2 If, %within one year after tilt' date of Suhstantial Comple- tion of the Work or designated portion thereof. or alter the date AIA DOCUMENT A201 • (;HNEHAI. CONDiIIONs OF TIlft CONTRACT FOR CONSI RUCiION • FOUIiTEF.NTH EDITION AIA' • r.%19R-'1'I IF. APA 1: It I C A N INSTITI'TE OF ARCI IITECTS. 1?}s NI'.\C' YORK Ay F.N PF.. N \C'., WA SI IINoll ON. I) ( :. 2t)006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 21 0 for commencement of warranties established tinder 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 he 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 -rhe 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- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall he reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 'rhe Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially compictc(l, of the Owner or scpartte contractors cmised 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- strugd 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 "ie 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 accor(lance with the requirements of the Contract Documents, the t)xvner may do so instead of requiring its removal and cor- rcctit>n, in which case the Contract Sum will he reduced as appropriate and equitable. Such adjustment shall he effected wholicr or not final payment has hccn remade. • ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the piace 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 tile other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13-3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a menlher 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, obligations, rights -incl 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 clutn- afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tcsts, inspections and approvals of portions of the Work required by the Contract Documents or by laves, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at 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 reloted costs of tests, inspections and approvals The Contractor shall give the Architect timeiy notice of when and where tests and inspec- tions are to be made so the Architect may ohserve 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 public authorities haying jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Suh- 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 entire acceptahle to the Owner, and the Contractor shall give tintch' notice to the Architect of when and where tests and inspections :ire to he rmidc so the Architect may observe such procedure~. AIA DOCUMENT A201 • GFNERAI, CONDITIONS OF TI IF CONTRACT FOR CONSTRUCTION • FOURTF.FNTII EDITION 22 A201-1987 AIA" • n 19g7 THE AMERICAN INSTIT'UTF. OF ARCnIITCTS, 1715 NF C' YORK AVFNI 1F.. N.W I&ASt IINGTC)N. D,C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13 5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, he 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 unreaasonabie dclav in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the (late payment is due at such rate as the parties may :agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place wherc the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor. .1 Before Substantial Completion, As to acts or failures - to act Occurring prior to the relevant date Of SUbSt:III- tial CO)III)IC0011, 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 Luer than such date of SUhSUIntial Completion; .2 Between Substantial Completion and Final Certifim 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 Pavinent: 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 Pavment, any appli- cable statute of limitations shall commence to run and any alleged cause of :action shall he deemed to have accrued in any and all events net later than the date of any act Or failure to act by the Contractor pursuant to any xv:trranty provided under Paragraph 3.5. the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2• or the o.kite Of actual commission Of ;iny other act Or failure to perform any duty Or ohfig:gion by the Contractor Or O%vracr, whichever occurs last. 0 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner .has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- 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, reasonahle evidence as required by Subparagraph 2.2.1 . 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped fora period of 00 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 ohligotions under the Contract Documents with respect to naaucr:s impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Suhcontrnctors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractor:~: .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of 3 public' authority h;1Ving juris- diction; Or .4 Otherwise is guilty of suhstantial breach of a provision Of the Contract Documents. 14.2.2 When :uay of ilio ahovc reasons exist, ilio• Owner, nlvn) certification by the Architect that sufficient cause exists 1(� jw- AIA DOCUMENT A201 - GE'NERAI. CONDITIONS OF THE CONTRACT FOR CONSTRt1(:'I'JON - FOI IRTEENTI I EDITION ALA" - rc; 195.7 I IF. AMERICAN INS'ril l ITE OF ARCH ITF.(:I S, 1-iS NF.W YORK AVENI IE, N.W., WAST If NGTON, 1).(:. _+rtttta(, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 23 r '1 f.J tifv such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor, shall pay the difference to the r1 LJ 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, delav 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 l'I IF. CONTRACT FOR CONSTRUCTR>N • FOURTEEN'Ill EE)1'I'tON 24 A201-1987 AIA`" • c, l087 TIIF. AMERICAN INSTITUTE OF ARCI IITF.CTS. 1715 NF -%X1 YORK AVENUE, N u'.. WASH ING"rc 7N. 1) C. 2nnix, 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 n • � THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Mere insert full name and address or legal tide of Contractor) as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal [life 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 Mere 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 Architectl which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE 80NO AND LA80R AND ntATF.RIAI PAYMENT BOND • AIA FEBRUARY 17'0 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1'1i ..N.Y. AVE.. N.W.. WASHIN(:T()N, D. C. 20006 1 WARNING: Unlicensed photocopying violates U.S, copyright laws and is sublect to legal prosecution. 1 I � r PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete. the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of 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 I (sea11 (Witn<•s�) Title) (Wilnv>�.) isurcly) Iscail i Tali-) AIA DOCUMENT A311 • PERrORMANCE BOND AND LABOR AIVD MATERIAL PAYMENT BOND • AiA fEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1775 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 Z WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ! 19 THE AMERICAN INSTITUTE OF ARCHITECTS NIM AIA Document A371 Labor and Material Payment Bond THIS BONO 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 lull name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here insert a sum equal to at least one-half of the contract price) Dollars for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 entered into a contract with Owner for (Here insert full name, address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address dF 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. SONO AND LABOR AND MATERIAL PAYMENT BOND • AIA O" FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE.. N.W., WASHINGTON, D. C. 20006 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. r LABOWND MATERIAL PAYME tsOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified 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. 3. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of 19 (Principal) [Seat) (Wilncss) (Surely) [Scall e (Wilnes%) (Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR ANO NiATERIAL PAYMENT BONO • AIA © 4 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 17 IS N.Y. AVE., N.W., WASHINGTON, O. C. 2(XW2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 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 H-1 19 and 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 0 YORK STATE DEPARTMENT OF LABOR 41 BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, NY 12240 Schedule Type - COMPLETE T/O SOUTHOLD TOWN HALL JAMES RICHTER SOUTHOLD HIGHWAY DEPT. PECONIC LANE PECONIC NY 11958 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 O1 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 GlennSt.,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 S (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 ist 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 contr.0 may be cancelled or terminated by ! 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) Ali 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: 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 B. Deductions made 9. Actual wages paid. When payroll records are requested by the Commissioner each payroll record must be affirmed as true under the penalties of perjury which means a motorized 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) 0 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 i9 (4-95) ...... docm: letter2b r"` 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 ist, 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 0 91 6 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 apprentices in New York State are individually registered by name, address, social security number, starting date of training, and other related data. This information is computerized and is available ONLY through the Albany Apprentice Training Central Office. Persons wishing to verify the apprentice registration of any individual should write to the Senior Employment Consultant, New York State Department of Labor, Job Service and Training Division, Building 12, Room 223, State Office Building Campus, Albany, New York 12240. All inquiries MUST include name and social security number and will be answered in writing. The response will indicate whether or not the individual is registered, and if so, will provide other pertinent information regarding the registration. The only conclusive proof of individual apprentice registration is written verification from the Albany Apprentice Training Central Office. Neither Federal nor State Apprentice Training Offices outside Albany can provide 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 pproject identified above are enclosed herewith. Sec.220.3a of the Labor Law requires that certain information be furnishe� 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 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 (04) Plumbing (05) Other Contractor Information: ALL INFORMATION MUST BE SUPPLIED Federal Employer Identification Number: Name: Address: City: Amount of Contract Approximate Completion Date: State: ❑ (03) Electrical Approximate Starting Dale: Estimated Date Entire Project Will be Completed: —L_I CONTRACTS NOT YET AWARDED Type of Contract (Check all applicable contract types) ❑(01) General Construction (02) Heating/Ventilation (04) Plumbing 0 (05) Other ❑ (03) Electrical Signature Date P`N 16 0-911 • Zip: N • ` 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 1 of that -year. All contractors and subcontractors are required to pay the current prevailing rates of wages and supplements and, if the department of jurisdiction does not provide a copy of the current annual determination on or before July 1, you should contact the Bureau of Public Work for the correct information. 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. 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 ha.l•f of the hourly rate after 8 hours per day. ( 61) 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. ( C1) Double the hourly rate after 7 and one half hours per day. ( D ) Double the hourly rate after 8 hours per day. ( Di) Double the hourly rate after 9 hours per day. ( E ) Time and one half of the hourly rate on Saturday. ( E1) Time and one half 1st 4 hours on Saturday double the hourly rate all additional Saturday hours. ( E2) Saturday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather. ( E3) Between Nov. 1st and March 3rd Saturday may be used as a make-up day at straight time when a day is lost during that weekdue to inclement weather, provided a given employee has worked between 16 and 32 hours that week. ( E4) Saturday and Sunday may be used as a make-up day at straight time when a day is lost during that week due to inclement weather ( F ) Time and one half of the hourly rate on Saturday and Sunday. ( G ) Time and one half of the hourly rate on Saturday and Holidays. ( H ) Time and one half of the hourly rate on Saturday, Sunday and Holidays. ( I ) Time and one half of the hourly rate on Sunday. ( 0 ) 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 C, 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, 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 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 SCHEDULEPage 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% 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, O ) 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: ( 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. 8-2287 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 ( 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: ( 1 ) year terms at the following percentage of Journeyman's wage. 1st. 2nd. 3rd. 4th. 40% 50% 65% 80% SUPPLEMENTAL BENEFITS: (per hour worked) - See below. 8-1456 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, 0 ) on OVERTIME PAGE attached. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE attached. OVERTIME: See ( 5, 6, 10, it, 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, 0 ) 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. 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/supe CARPENTER WAGES(per hour) 7/01/95- 1/01/96- 12/31/95 6/30/96 Building: Carpenter ............... $ 27.74 $ 0.96 additional Heavy/Highway: Carpenter ............... $ 27.79 $ 0.98 additional 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 ( 1 ) 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 ( 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*, O ) 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- il/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% + 43.51/. + 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 0 0 • Page 9 PREVAILING RATE SCHEDULE New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9601033 SUFFOLK 1995A ------------------------------------------------------------------------------- ELECTRICIAN WAGES(per hour) 5/01/95- 5/01/96- 5/01/97- 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 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% 140% 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 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. Page 10 PREVAILING RATE SCHEDULE New York State Department of Labor ----------------------------------Case Number ---------------------------------- 9601033 SUFFOLK 1995A ------------------------------------------------------------------------------- APPRENTICES: ( i ) year terms at the following Wage. ist 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, 61, 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 • Page 11 PREVAILING RATE SCHEDULE 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*, 0, 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. 1st. 2nd. 3rd. 4th. 5th. 6th. 60% 65% 70% 80% 85% 95% **Appr. indentured after 7/01/93-ist 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 15/30/96 Building Laborer: All Classifications... $ 21.00 $ 0.50 additional OVERTIME PAY: See ( A, E, 0 ) on OVERTIME PAGE attached. HOLIDAYS: PAID: See ('I ) 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 b 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 • 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 PAY: See ( A, E, O ) on OVERTIME PAGE attached. HOLIDAYS: PAID: See ( i ) 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 ( 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 ( S. 6, 11, 15, 25 ) on HOLIDAY PAGE attached. 7 % 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, 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. 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, 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 • 0 2Z • Page 15 PREVAILING RATE SCHEDULE 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, O ) on OVERTIME PAGE attached. HOLIDAYS: PAID: See ( 1 ) on HOLIDAY PAGE attached. OVERTIME: See ( 5, 6, 8, 10, ti, 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. 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 $1,1.46 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% Page 16 PREVAILING RATE SCHEDULE New York State Department of Labor ----------------------------------Case Number---------------------------------- 9601033 SUFFOLK 1995A ------------------------------------------------------------------------------- SUPPLEMENTAL BENEFIT_S_:_(per hour worked) Journeyman $ 17.60 WAGES(per hour) 1st & 2nd yr Apprs. $ 17.16 12/31/93 All other Apprs $ 17.60 Listed supplements apply to ALL classifications ( x )Yes ( )No. 8-84 $ 28.78 add .85 IRONWORKER Marble- Cleaner....... 14.37 no add WAGES(per hour) 1/01/95- 7/01/95- 1/01/96- 13.22 6/30/95 12/31/95 6/30/96 Derrickman/Rigger.... $ 28.59 addit. addit. PAID HOLIDAY: Journeymen except Cleaners and Maintenancemen $0.80 $0.80 Cleaners, Maintenancemen and 1st three terms of per hr. per hr. OVERTIME PAY: See ( C, O, V ) on OVERTIME PAGE attached. HOLIDAYS: at the following percentage of Journeyman's wage. PAID: See ( 1 ) on HOLIDAY PAGE attached. 5th. 6th. OVERTIME: See ( 5, 6, 8, 10 ) on HOLIDAY PAGE attached. APPRENTICES: ( 1/2 ) year terms at the following percentage of Journeyman's wage. Cleaner/Maintenance $ 3.50 1st. 2nd. 3rd. 4th. 5th. 6th. 50% 60% 70% 80% 90% 90% to ALL classifications SUPPLEMENTAL BENEFITS:(per 8-24 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 Page 17 PREVAILING RATE SCHEDULE 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 & Oerrickman $ 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. Page 18 PREVAILING RATE SCHEDULE New York State t 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 r to ALL classification; (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 i0.19 10.51 10.84 Appr 5th term 10.24 10.55 10.86 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. REVAILING 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: ( i ) year terms at the following percentage of Journeyman's wage. ist. 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, Q ) 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, 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 To be paid the rate of the mechanic: performing the work. OEVAILING RATE SCHEDULE 0 Page 21 New York State Department of Labor ----------------------------Case Number- ---------------------- 9601033 SUFFOLK 1995A ------------------------------------------------------------------------------- TEAMSTER-Building Truck Driver(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 1 ................. $ 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 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, 11, 12, 16 ) on HOLIDAY PAGE attached. OVERTIME: See ( 6, 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 �j 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, 0 ) on OVERTIME PAGE attached. HOLIDAYS: PAID: See ( 5, 6, 7, 11, 12 ) on HOLIDAY PAGE attached. OVERTIME: See ( 5, 6, 7, ii, 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) 7/01/95- 7/01/96- 6/30/96 6/30/97 Survey Rates: Party Chief ......... $ 21.26 Addit. Instrument Man...... 17.93 $0.90 Rodman/Chainman..... 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, 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: 11 Driller............ $ 21.45 It " 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. P New York State Department of Labor, ----------------------------------Case Number ---------------------------------- 9601033 SUFFOLK 1995A ------------------------------------------------------------------------------- PLEMENTAL 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. 4-138weII 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 Mat;hine/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 " 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 " Page 26 PREVAILING RATE SCHEDULE New York State Department of Labor ----------------------------------Case Number ---- ----------------------------- 9601033 SUFFOLK ----------------------------- -----------•---------------------------- --- 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), 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. 0 0 -3y 0 • Page 27 PREVAILING RATE SCHEDULE 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 " 0 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) Hydraulic Dredge: Class A: Leverman............. Engineer, Derrick Op. Chief mate on Dredge. Class C: Maint. Eng........... Mate ................. Boat Captain........ Class D: Deckhand............. Fireman, Oiler....... Shoreman............. 10/01/94- i0/01/95- 9/30/95 9/30/96 $ 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......... ig.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 0 $ 4.06 $ 4.06 plus plus 8% of 8% of wage wage 4-25a 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 0 i 4�.',/ CCM'LI:,NCE W1Tr; T -c L.�3C�•? L AND 0►i=:ti C:?ARTlvSENT GF Lf,30R RE.UL:iICN= STA-= . _ LA7ICN'S 1. The Ccntrcecr shclI ccr..c!y with the cpplicc:le prcvisl::ns cf es cmence_, or the Stcte of New Ycric. This Contrcct s=cii be void unless cppiiccble sections of scic Lcber Lc•.y cre c=mclied wits. 2. Ecc.z cnd ever/ provision of Icw cnd cicuse recuired by low to be port of this Contrcct shell be deemed to be included herein enc this Contrcct shcll be rec— oral enforced cs thcuch it were included herein, cnd, if thrcuch•nere miste;ce or otherwise cry suc:. provision is not included, then upon the cpelicctier ci either perty hereto, .He Ccn;reef sHc!I forthwith be tc r..cic_ suc.� inc!usicr.. . Specifically, Secticn 2=0-e, cf the Lc' --or Low, es so cmcnced, prohibits in ccntrccts, discrimincticn on ccccunt of rode, creed, color, or nctioncl oric_in in errplcyr„ent of citizens upon public works. There mcy be deducted Free the cmcunt pcyeble to the Cent -ecr by the Oti.:zer under this Contract e cenclty of five (S-5.00) ccllers for ecch person for ecc- cclendcr dcy c�rir.c wnich such peT.cn wcs ciscri:-ircte_ or intimidate_ in vicicticn of Section 2=0-e.; prcvicc-, thct for a sec=. -.d or cny s u_secve...n! vicicticn _. the prcvisicns•of scid perccr , �:, this Centred .-c•. be ccr.ceilea or termincte= by the Owner cre c(1 monies cue or to becc a cue herc_ncer ;mcy be forfeited. B. FELE?-AL REGULATIONS 1. CERT IFIC.=NTICN CF NCNSEGn=Gr:TEC FACILI't IE: By the submission of this bid, the bidder, cffcrcr, c=plicant, or subcontract -r certifics the he does not mcintcin or provide for his emcicyees cny Secrecc:ec Fccilities of cny of his estcblishr..ents, end.thct he does not permit his employe= to perfcrm their services ct cry Iocaticn, under his control, where sec.—C='e= rcciiitic-. cre mcintcined. He ccrtifies further that he will not maintain or prcvicc For his employees on secrcccted Fccilities of cr.y of his estcblishnentz, enc thct he will net permit his esncloyacs to perform their services of cny loc=tion, unccr this c=ntrol, where seregcted Fccilities are meintcinec. The biddc.-, ofiercr, ec.clicant, or subccntrector ecrees thet a brecc"I of 1h:s c_rtiFic_ticn is e vieldicn of the Ezucl Cepertunity cicuse in this ccrtrcc`- As uzcd in t.;s cc-tiFica!icn, the ter.., "se_re-cted Feciiities" me_.., cny wcitinc recrrs, work crecs, rest rccr-s cnc wesh r=ms, restcurcnt; enc oilier ectine cress, time clocks, Icc:cer rooms enc --the.--Icrace cr dress.ine ere_s, REPLACEMENT OF BRUSHES CREEK BRIDGE M-1 time clocks, .locker rooms enc other storace or ciressinn trees, perkina ler:, drinkinc fcuntcins, recrectien or entertcinrnent ere.s, trcnspertction, end hCVsing feci!ities pr=vide. for emoleyees wilic!-% ere se:reMtec by explicit directive or are in feet secre-=ted on the besis of rete, creed, color, or rctienel cr:air., bec_vse of hebit, ice=l c::stcri, or otherwise. He furl--er ecrees that (exe_c` where he hcs cbtair.ec ic_ntic_l c_r'i;icc`iCris fr=m ^sea su..c_n, rs For spe:iric tir..e .ericcs) he will ^tcin ice^!ic=! ee.''if ie=`,cr:s frcm =cse: :uCc=nt:_ct=rs pricr to the cwcrc of subc=ntrac!s exceeding S iC,CCC writ. c: e rtct exernct frcrs the cvisicrs cf the Ccucl Oppertunity Clouse; that he will retain suca c_rtific_ticrs in his files; enc thet he will fer•Herc the following nctice to such pr_cc:ec succcntractcrs (except where the praccsed subcontractors hove subrnittee icentieai eer`ificcticrss for saeciFtc time periods): 2. N.071C_ TO FRCSi':CTIVF SUCCONiz.:CTOriS OF Fr' CF NCr-4 5_: nc•C—•iC1 F.4`.;L!T!= A certl.ic=tion of Ncnsecrecatec Fccilitigs must be subnitte_ pricr to the ewcrd of a subccntract excepting S10,000 whit:: is net exempt from the provisions of the E_uci Ccecrtur1.'y c!cuse. Tile ccrtificall an r. -Cy be submitted either for etch subcar.trce or for ell subccntrcets curing c period (i.e., q%.=-erly, sernicnnuclly, or cnnuclly). NOTE: The cenclty for mckinc fc!se stctements in offer. is _rescri*ed in 18 U.S.C. 1Cc1. "Curtis t! cerf f th' nt h cont- tar c ees es fci Icws: P cr-cnce cr :s cc ram^t , c t e cc _ s. (1) The contractor will not discrimincte cccir.st cny erncicvee or ccclic-::t for employment beccuse of rete, creed, color, or neticncl cricin. The ccrntrector will teke effirmctive ectien to ensure thet cppliccnts cre employed, enc the-.- employees heaemployees ere treated curing employment, without rec_rc to their rete, -greed, ezlor, or ncticnel origin. Such ectien shell include, but net be limited to, the following: employment, vpercdirnc, cernotion or transfer; recr-u;tr..ent or rec:ultr..ent ccvertisir.c; icycff or termincticn; rotes of pay or other forms of ccmeenscticn; and se!ectien for trcinine, including C=c: _nticeshie. Tile eontrcctcr ccrees to east in c=n.pic�cus plcc=s, cvcilc�- IC IC cmplcye_s end occiicants for crnpicyrnent, notices to be _ cviced =y thC'ccntrectine offic.r setting forth the prcvisions of tflis nonciscrirnmaticn cicuse. (=) The ccntrcc!cr will, in oil solicitctiens or edvertisernents for employees pleced by or on behcif of the c=ntrac!cr, stete thet ell cuelified ecclic_r:ts will recei•,a ccnsiderctien fcr e^cleyment witf cut retard to rete, c:ec_, color, or r.cf cral cric.n." (!j lie c=r!:, c`cr will send to etch Ic'-er unicn or r� _se-teti,.e of Wer; , with wnichhe hes a collective ber ,mint c_recmcnt or other ccntrec., or ur.derstendlne, a nctice to be Provided by the Cc--ancy c=ntractine ofr;cer, edvising the lcbcr union or workers, representctive of tfse e=ntrectcr's eammt ments under Section 202 of E;cecvtive Order No. 112ti5 of Septe-sop.• 24, 1465, end shell pest ccpics of the notice in canspicucus pieces eveileole to employees end cpplicants for ernplcymcnt. REPLACEMENT OF BRUSHES CREEK BRIDGE M-2 (�) The. eantrcceer 0 cc-:cly wit^ all crcvisicns of Ex0ye C"der No. 112'., of Septer.-Cer 24, 196-5, and cf the rules, cnd re s-ileticns, and rel -event order: of the Secretary of Lear. (_`) The - e: -- ecntr..c':, will Fur-i:h all inrcr:rcticr and racer rec::ired cv "_ •five Crder No. 1 1246 of Secternber 24, 19-45, enc by the rules, re =icticns, and orders of the Secretey cF Lcbe:, or cumucnt thereto, and will perrnit ccc_.. to his back:, re -:r_:, and accounts by the ecntrcceinc ccency and the Sec: etc. cF Lebcr far purposes or investicctien to ascertain compliance with suc.• rules, recuicticns, and orders. (6) in the event of the contractor's nenccmplicnce with the ncndisc.-mircticr eicuses of this contract or with any of such rules, reculchcrts, or orders, ,this contract mcy be c=nceled, te.-mineted, or suspended in whole or in part and the ccntrcctor ray be cec!cre_ inelicicle for Furtc er Govern- ant c=ntrccts in eccc.ccnc_ with procedures authorized in Executive 0rder No. 11245 of Secte-her 24, 196, and such other sanctions may be imecsed enc ter-ediei ir.vokec c: provided in EYevjtive Order No. 1124.6 of Secternper 24, 1965, or by rule, re_=ulcticn, or order cc the Sec.:c!=.-/ of Lc -'-c :, or as otherwise provided by low. (� The ccntrcceor will inc!ude tie provisions of P--rcercchs (1) throuch (/ in every subcontract or purc:.cse order unless exemcted by rules, reculct.icrs, or crcer: cF the Secretary of Lcocr issued pursuant to Section 20r: of Executive Crder No. 112:6 c Se=tembe: 24, 1965, so that sucl• prcvisicns wi14 be binding upon each subc=ntraecr or venccr. The contractor will take such cceic- with re:peat tiny suaccntmct or purc ase order as the ccntrcceinc ccency r,.cy direct as c means of enforcing such provisions, including :cnctiors Fer noncompliance: Provided, however, that in the event the ccntrcc`cr becomes involved in, cc—is threcrened with, liticcticn with a subcontrcc.cr or vendor as a result of such direction by the ccntrccelnc agency, the ccntractcr may recue:t -the United States to enter into such litigation to protest the interests cF the United Srcte:." FE0'?._%L PRCC:.'RE`AF4T R=I- I1CN5 ECUA%L Cr?C•P, iUN 1 i Y IN EmP1CYMEN T 1-12.ECS-4 Reccrts crd Cther Recuire_ inferracncn (c) Recuirements far prime ccntrectcrs and suec=ntrecters. E: ca ccency snc.l re^vire ec•cz prime contractor enceccn crime ccntrcctor cnd subcontreceor ,hall cruse it::ubccntrcecr: to file cnnucliy, cn or befcrc Mcrc- ::1, ccmplctc and accurate ro=ar+: cn Standard =c:m 1 C 0 (EE,_ 1 -1) crcrnuIcctco jcint!y by the C F 1 c = of Fecerci C�rtrcce'Ccme.iicnce, the Eauel Encicynent Cppertunity Ccmmi::ion, enc P!cns for Procres:, or on suci form as may hereafter be prcmulccted in its place, if such prime epntreceor or subcpntrectcr C,) is not exempt from the provisions of this Subpert 1-12-8 in accordance with 1-1Z.8C-s; (ii) has SO or more employees; (iii) is a prime contractor or first-tier subc_-ntrector; and (iv) hes o contract, REPLACEMENT OF BRUSHES CREEK BRIDGE M-3 sub-ccntrcct, or rurchcse crde.• cmcur.t;ne to S-;0,0CC or more, C.- serves rserves cs c ce:csitcry of Gcvcrnmcnt funds in cny cmcunt, or is c fincncicl institution whic- is cn i:suinc cn-d rcvinc c:e.^.c Fc.- U.S. scvinc: sono- cnd scvinc-. notes: P=:vides, -Inc, _ny subs=ntr_c._. below the fir:: tier Wi-Icn perfcrm-, c=%structicn work ct the site ecnstructicn s cil _e r vire=, to file such c re=_.. if it meet: t -e re_i1re:nents in subciv;sic ;s (i), (ii}, cnd (iv) of t!;s pc (c) (t)• (:) E=ez person recuire: by subperecreph (1) of this peracrcoh to subrzit reports s'-.cll file suca a report with the c=ntrcctinc or edrainis:er— ine ccency within 30 dcys eft e.- the sword to him of a ccntrcct cr subccntrcct, unless such pe:-scn hes submitted such e report wltl 7n 12 months recesinc fhe dote of the eNcrd. Subsecvent re=_rts sLcll be submitte: cnnuelly in ecccrdcnce with subccr-_rc (1) of this Fcrccrcph, or ct such other intervals cs the ccency or ti -.e Director may recuire. The ccency, with the cccscvcf of the Cirectcr, mcy extend the time for filing cny report. (�) The*Directcr, the ccency, or the applicant, on their own motions, moi recuire c prime ccntrcctor to keep employment cr other reccr:s cnd to furnish in the form recuested, within recscncble limits, such ir,forr-cticn c: the Director, ccency, or the ecpl7c_nt deems necesscry fcr the edmjnist,-cticn of the Order. (�) The failure to File timely,'ccmplete, cnd cccvrcte reports, es re— cuired, ccn:titutes ncncpsnplicnce with the prime cpr.trec.cr's ' •' the e^vc 1 or subccntrcc.er s ooiicc.icns undo.- _ Ceper.unity clause cnd is c cround for the imposition by the agency, the Director, en epeliccnt, prime contractor or subcpntrpctor, of any scncticr.: authorized by the Order cnd the re_ulctions in this subccrt; I,ny. such fcilure shelf be rcper:ed in writinc to the Director by the ccercy es seen cs precticc_fe oiler it occur.. 1 -12.E^C:;.4 Reecrts cnd Cher Recuire_ lnfc-•..c'icn b. Requirements For bickers cr prcspective ccntrccters. (1) Ecch ccency shcll recuire e=ch bidder er prospective • rir-e con; -stop cnd proposed subcpntrcctcr, where epprcericte, to state in the bid cr c, the outset of necctieticr.s for t. -c ccntrect whether it hcs Pcrti— cipctc: in o prcvicus ccntrc�t cr subccntrcct subiect tc the Ec;;al Ccpertvn;t; c!cuse; cnd, if se, whether it hes file: with the !cin: Re:crti,c C..-.-ittce, the r'ircecr, or, ec_ney, cr t'"e for-.cr President's Ccmm;tt'ce on cl plcyment Ccpertunity, cif reccres due under the ccpiiccble filinc requirements. The statement ,boll be in the form of c represenicticn by the bidder or offerer sub- stcnticlly cs follows: REPLACEMENT OF BRUSHES CREEK BRIDGE M-4 (c) (c ) '• de=er (cr oiicrcr) r::'=:=:+r: the, .40) nc:, i not. pe:tic --too in c prcvipu:c_ --:r_ _. sub_=ntr=ct suciec` to t. rIY the -=ucl Cc=crtunity cicuse ncrc;n, c.- 1e ="cu. 0 tcinc c=-- tcinec in se:ticn 301 cf ::te:utive Cree.' Nc. 1OS_ , cr t4_ =.:use e=nteine: in se=ticn 201 or' rxcc.-tiv: Gr_er Nc. 11114• tact ne )hes mc.., tile_ cII recui.-e= c:=i;cnce reports; cr: re=re:_r:t=tfcns tnCi==rtnC :L.'n::;+Cn CE si^-e: =v - =s== ,,=e.-:rc=`c. will =e e=.cine= =r*._. `c _- ec-tr=;,! _=c,e re^r es _ntc.;cr ..___ ..ct in c_nn.ecticn with e=ntree'; cr subecntrce': wnic.l are exer7pr Prem When c bide.- or cffercr fc; is to execute the repre:entcticn, the emission sl.cll be nsice. __ c miner in:c---ciity cnc the or cfi'erpr s=ell be rermittec to sctisfy the re_uirement Friar to ewer-. (?) In eny c= -,e in which e bi==er or prc-^ec`ive rr;r..e ec..,.=etc. cr rr=__seci subc=ntr=ctar, wnic^ :t;c' _roc in creview. c=n..cc. er su=C=ntr_ct subject to Execut;ve Cr '--s N_. 1 1 i=, _. 11=46, hc: net 1-Mec e report cue un-er tine c=li:ccie iiinc re^••ir_..._nts, mc c=ntr=ct or subc=n.tr=ct shcil be ewcrced, unless sue^ cent:==ter sub -its a report e=verinc the ce;incuent per;cc or such ether per;=_ specifies by tie ccency or the D;rectcr. (S) A bi==er or prespective pi•i.-:e ccntractcr or prcc=se- suoccn:rcctcr s:c!I be recuires to Submit suc- infer -=tier. cs the ecency or t:.e Dire^tcr recuesis prier to the ewer_ of the c=ntr_e or subccnt:_ct. When c date-minceicn nci been r..cce to =were the contract _.r sub- ccntr_ct tc a sceciric ccr.trcctc-, such c=-t:actcr Shall be•re_.:ire:, p.- cr .c c�crs, cr =:ter the evrerc, or bcr;., to furnish suc- ether infer-cticn cs ...e ccency, the c=clic=-t, or the Direc�cr r__ es:s. U:e:of Reccrts. Re=erts filed pur:ucnt to this 1-12.ECS : s7cIi �e use_ er,iy in ezrnectic^ with tie c=...ir.istccticn of the Crder, the Civil t;c-ts r,ct of 1564cr in furthercnce pi' the purpcses cf the C'rc_r cnc sc;s .lct. Accu;s;ticn or Repert=,,.---s. Stcncc.c -cr-� 100 is cvc;1cble in cIi GSA supply cepcts. Ccries cF t:.e fern. racy be obtcinec :rcrn GS.; thr=um the ec.^.trcctine cr ecr;n;ster.. ec_nc, . lie sto=ic nur.-ber for the fcrrn ;: as fe(ie�Ys c.- cr.- No Stec: Title 1C0 Ep;cl ;...yme:it cFFer±unity ernnloye.- irfcrr-sction report. REPLACEMENT OF BRUSHES CREEK BRIDGE M-5 0 0 A. All Contrccts and Subcrar.t; for c=nstrudticn _r repair shell inciuc_ c prcvi:;cn fcr c=.. pi;cnc_ w;;n -ne C= eicnd "Anti - Kick =_c'<" Ae ('Z: U.S.C. E7') a- suc=!ernerre= L=:--cr of L=cr Re_• fet;cnsz (.9 C= :, Pa-.- rTi-;S ;c'=r_v;(iettLet. e. c^ Ccnt-cctcr c- Sub_ _ntee :hci1 : e _.anij;te= fr_m int by cry r,.e=rns, cry per.cn crnclevea in the c=nst-ucticn cam^let;cn .. - or r_�..ir of puc��c wcrx, ,o c;ve vc any cart Of the c_.-enscticn to wb;cb he ;: ether�;se _-'ilio=. The Grcr ee shell report oil suspected or reported vicict;cns tc the Granicr A cency. 8. Where ccc(ic_cle, oil Centrccts cwcr_by Crcntees enc 5ub- cr_ntee_ ;n excess OF S:,CCC for cc..-tr;ct;cn c=nt- t ex=__. c SZ,5OC for ct:.er coat -cots wn;c-t involve the ern- plcyrnenr of e:hcn;cs cr Ic'orers s-.cll include c provision for c=n " ' piicnce with Sec+lens iG;; and iG7 or the Ce-tr_ct Work Hcur: cnd Scfety Stcndcrds Act (=C U.S.C. 327-„-0) as supzfernarta_ by Deportment of Lc'--cr Rec;11cr;crs (29 L.- P=r;' =Port 5), Under Section 1C3 of the Act, e:ch Centrccter shcll be re_uired to comcute the wades of every mechanic and lc'--Cre.- on the ccsis of c standard worst coy of c hours cnd c standcrc •Nc--c week of 40 hours. Work in exce:s of the stando-c wcrxdcy ar wcrxweek is permissible pr=vide- Chet the wcrker is ccr..censcted of a rate of net less thcn 1-1/Z times the basic rete of pc,/ for c!l -curs wericea in excess of c hours in any c=lendcr day er 40 hours in the work week. Section iG7 of the Act is cyclic=='41e to c=nstruct;cn wend and provides that no lc'ere.- or mec-cnic shcIl be recurred to work in surroundings ar under wending conditions which are unscnitcry, he=crdous, or dcncercus to his herlth and safety cs determined under construction, safety, cnd hecith stcndcrds pro-uiccted by the 5ecrc1cr; of L='--cr. Thc:e re_u;rements do not apply to the purchc, e: of succ!;e: cr metc.;cl: _ _..icier c,c;ncrily eve ' .r-- lidera cn the ca en mcr�et, cr cantracts for tr.., .r'ct;cr. or of ince:liycnc^. C. - n - cccContract of cr, �n excess :',_;:G cwcrde^ by a Grcntee cr Subgr=nte_ shell provide thct the recip;ert •,viii c_mpiy pp =lotions and sten of rhe •,v�th lid ala -�=v da Ccs. Liv;rnrr Ccunc;l in e:tcbi;shinc. we_cs enc ccs. Ti e provision c the rcciciC^t that Su' -:r'* s;cn cf c -:;d or alfa -ort^ su_nitrcl of cn invctc_ or voucher forp pe -•v, cord:, or fur..nec una-- c_^trcc' cr_ __•• ant with the Cron, __ s=ell c=rst;tutc c c.rt;fid=tion by h;m that c.mcunt: to I- acid co net excc=: mcximum fe•.eis cu.'heri-ed by the Ccs'. of Living Ccuncil re ulct;cns or'tondo-d:. Violctiors Shcll be rcperted to the Grantor Accncy and the foo_) lnternci Revenue $crvia: find a ce. REPLACEMENT OF BRUSHES CREEK BRIDGE M-6 0 • D. C=ntrcct: and Sube-rant: cf a.mounts in exc=.s of S10v,CC s..ca i n a prcvf:ior- wilic.. recu; ra: rhe redolent to e:ree to car.•cly with all c=pficcc(e :`c••ccrc:, order:, er re_ulcticns issued pur:ucnt to the Cfe=n Air Act of 170. Vicfctfcr:: shell be re crtea to the Grantor Acency e -c the Recicnci Urtica the env:. ;.^.rhe tc! :`eC. ic_ r.C•••C`/. E. Cant;=Cts s:.clI contain suc= c:ntrcc'uci p.-=visicr-.s or canditicm which will allow for c-:rfr,istrctive, cc-trcctucl, or leccl remedies in fnstcnce: where cantrectcrs violate or breech ccntrcctz to --+z, enc .. cvice .,ar sup- sanctions en:: penalties as may be cccrccrfcte. , F. All c=ntrccts, cr.nounts for which ore in exce:s of S2,`CC, shall contain suitable c.-ovisior.: for termination by the crcntee fncludine the rncnner by which it will be eff__-ed enc the be:i: for settlement. In addition, such ecntrce: shall descri�e cor.ditiens •under which the ccr.trcct r..:,a•i ..e terminated for default as well as conditions where the contract r••cy be.termincte :because c.,circJr..:tcnc_s beyond the control or the ccntrcctor. G. In all contract: fcr c=nstructicn or fcciiity iric;cveme:tt c•.vc;led in exce:: of SIOC,CCC, crcntees shall c*serve the bcndinc recvirements provided in Attcchr;:ent B to this Ci; c.;lcr. �. All ccr.tract: cnd,;:ubcrcnts in excess of S1Q,C00 shall ir.- clude provisions far cc:::plicrice with Exec;.itfve Order Ne. 11246, entitled, "c:;ucl Employment Ccccrtunity," as. sucplemented in Department of Labor Regulations (d1 CFR Pcrt 60). Each ccntrcctor or su6crantee shall be recuired to have on affirmative cctfen plan which declares that it gee: net di:crimincte on the besi: of race, calor, ref ieien.,creed, national cricin, sex, and cce and which specifies ecce: end tcr_et dates to _-:ure the im-plernenteticn cf that plan. The grantee shall establish procedures to assure c=.- chance with r__,;irer-ant by cc.•,.cctcr: or subercntees enc to c:sure that suspected or reported vielctiens ore prcmctly invest;acted. REPLACEMENT OF BRUSHES CREEK BRIDGE M-7 CCMPLI;,NC_r WiT-=RCViSICNS CF THE LABCR L -'W Pursuant tc Article 8 of she Lc=cr Law, the c=ntractcr's cttcnticn is circee_ to the following recuirements: 1. Seelon 2=C.2 which re -;vires e :t;ev;c:;cn the: no Ic; firer; wcr*k.cn or mec:-cr.ic in the emcicy of the ccrtr=ecr, sub-=..:rcctc, cr ether p.r... acing cr ir.g tc co toe whale c 2c:t cf t:.e wort: c=nterneic:ec -;r t o c_n..act shell ce permittee or recu;rec tc -or-< mere thc., eic hcurs in c: -,v one c_lenccr cc,,,, _c more then five ccys in cny cne week excect in the arner_^nci=s set {arch in t,' -.e Laccr Law. 2. Section 2=0.3 which recu;res c provision that eccn icbcrer, workman or niec=gn;c . em. ployed by the ccntracter, succontrizecr or other person about or upon such public work, shall be pc;d ne less than the prevail;nc rate of wages enc; :heli be provide- supplements not less than the crevc;iinc supplements as dete.--;nea by the fiscal cffice.. 3. Secticn 220.3 a also re_uires that the ccntrectcr and every subconlractcr on Public works contracts s: cll past in c prominent and accessible plat= on the site of the work a legible statement of all wage rates and supplements es see_ifie: in the contract to be paid or provicec, as the case may be, fcr the r_rieus classes of mechanics, workingmen, or laborers ernpicye- on the worl< 4. Sect;cn 2=0.3-e provides that erprentices will be per.mittec to work as suc:-f only when they ore rec;stered, inc;vicuclly, under a boric lice crecrcr, re_isterec with the New York State Deccrtment of Lc'--cr. The clicwcble ratio of apprentices to icurneyn,en in any craftc.tc:siri1F!c=flan snc11 net be tt han he ratio c. `er f pen-;ttec to the ccntrcctcr as to his work farce on any ic'e unser the recisterec pre -.-cm. Any employee listed on a payroll et an apprentice wage rete, who is not res;stered as above, shell be paid the wage rete deter.-inec by the New York State De_crtment of Labor for the cicss!F cation of work he actually perfanned. The ccntracter or subcontractor will be re^virec to furnish written ev;dence of the registrct;en of his program and cperentices as well as of the cp:rccr:cte ratios and wage rates, for the area of ccnstructivn prior to using cm), epprent;cz on the cgntrcct war<. S. Sect;tn 220-e which rec:;res prc�;sicrs cy whic:i the with the c tc t_ or mun;cipcl;ty acre^ -s: (e) Thct in the h;r;ng of emcicvices for the performance of -%-cr< under this epntrcet cr cny subccntrect hercundcr, r.e e=r.traetor, suoecntrcctcr, nor any perscn acting on behalf cf such ecntrceter er su::ccr.trccter, shall by reason of race, creed, calor or neticrcl oricin d;scriminete against any citizen OF tl-e Stcte of r-Icw Ycr< who is cuclif;ec and c•s;kala to perfer.n the wcr< to wi,ich the e ^;,ioyment relctcs; (b� =e^ i j Tnct no ccntrcc:cr, sv=ccntrectcr, nor cny person Cr' his c.: she!!, in any meaner, di:cr imincte e_r_•inst cr ;nt;midate any employee hired for the Per fcrr..cnce of werlc vnder this cantrc=t on account of race, creed, calor or ncticricl origin. (Your attention is directed to the provisions of the State Law against Discrimination which also prohibit discrimination in employment REPLACEMENT OF BRUSHES CREEK BRIDGE M-8 0 •\ Thet there mey be decuctec fr_.., the crscunt ycble tc the ecntrce.,cr by tee Stc'e or nunic'^clity under this c:r.trcc' = penclty cf fi.e d=llc-: Fc' -=c.. c=!encc. dc..' cur:. = wnic= :uc= ccr:c.. we: c;:c:.ninc'e= -_c.r:; cr in vicleticn of :.e p cv;sicr:s OF the cc .•.=c'; (d) Tne.,'!':is cent met...c;.:;e c_nc_Haci =. terminetec by the S'cte C- ity, ity, enc c!I ncr.eys cue or to bec=.-:e cue hereunder rr:cv oe Forfeited, fer c sec=nd or ony subsetvent vicicticn of the tem: or ccnditicns OF this se_ticn of the contract. 6. The eforescid previsions of Secticn 220-e wn;ch cover% every centrad.' for or cn benc!f of the State or rruniciOc{ity for the ncnuFecture, scle or d;striburicn of nctericls, ecuij..._nt or succl;es shell be lirnited to ccercticns perf_-rmeo the territeriel knits of t :e Stete of Neve Ycr!c. 7. Secticn 222 wi icn recu;res t;ict arc erence in ercic, me.^.t s=ell be civen to Citi- , zeas of the State of New York who hove been residcr.ts for ct le_st six c=r.sec_t;v, mcnths innec;ctely prier to the c=mr..encerment of their e.^:plcyment; tact perscns othe.- then citize.^.s of the Stete of New Ycr;c nay be anpicvec when suert citizens ore net evcilcble; cnd the., if the recu;rements of Secticn 222 c=ncernine prefer- ence in erzplcynent to citizens of the Stete of New York ore not ccr..plied wit'.., the centred' shell be veld. 8. Se -tics 2=? wnic.' re:u;res t:.et if in the cc%stricticn of the public were c he .Ful dust hcz=rc is erected for wr;cn e=clicnces or m'ethccs for the elimir.ct- ticn of hcrmFul c;st hczcrc is erected for which ecclicnces or methods for the el;mincticn of her -Ful oust hove b4en cccroved by the Beard of Stcndcrd Apcer!s, suc:% cpplicnces or rnetheds shell be instclled cnd mcintcined cnd effectively opercted by the contractor; cnd thet if the provisions of Section 222 concerning hcrnFul dust hczc:cs cre not complied with, the ccntrct., shell be void. CT.—:_" RE:CUJIRE:;',AENT5 Every Ste -'e cc.^.trcctlnc c_ency, Inc:L'c:.^.c Pu -!+c c;;t!icrltles, must Inc!uCe in e_c'1 c: n.'_=C' percc .ns (c) throuc . (c) of the Stcnccr� Stcte Ccntrce cicuses rremu!:=t_c :y the Gcver.._. on Se=ter:be 12, 196_ cnd c -:ended Ncve^cer 14, 1 c62. Leber c!cssif;cct;cns not eccecrinc on the ccccrr.pcnyinc schedule of vc_.es c=n be uses or,l;/ with the c=nsent of the ceccrlment of jurisdicticn cnd then the rate to be ;:cid will be civen b• the de^crtncnt t - / ,- of juri:c;cticr. c:. e. -e+nc edv+sec by the Ne•�. York S.e.e Ceper.r-lent „ Lcbcr. The centr=ed.:r%c!l rnct-e :uc� _•isicn cr discciiity benefits, wcr!<mcn's _..:cticr uner^cicyr"c^t ir.surcnc., sccicl�:euri:y en,. ...Fety ecce provi:iens C. cre rc -.- by le N. REPLACEMENT OF BRUSHES CREEK BRIDGE M-9 Gen arc l•Rc•_ulc:icn Nc. 1, cs i:.:uec e CCnn;::ic^ fpr r-,;rrcn tbet ecce ccntrcc` cc^`c.r.. c z: icv.ic:;c . :i c': is ,er--;� -_ ov cr.c '-vween pe,•ties herc!e t .ct every c=r.:rcc!C•. c -c su..ccr:trcc:or encti:c_in t�:e c��Ii c wcr�c cs•-- _e=_ ir, tb;s ecntrcc' s= 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 J 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 #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 Mo - MAN POR ■ 0 .0 FL SGFILE.� s 20.0 D 15LILKHEAD 'E.D d SIDES. ARD RAILS E.D --tYPIGAL :)F 6RIDGi:. GR6?E 13RlC<aE .AS -f SIM-) -fo 15C(IM4 MRI04& iris # W F.StE.F{L-f >Ei REMOvf o. A O H F W F D > 010 U O W O H U2 1 a O (s� N O -4 I � O O 3 w G� O IIW�z h F x� U w 43 E-4 U D CIS W H Pa U F w COA tiro Pa DATE: 2/5/96 SITE PLAN .0 I of 2 OI H F O > O W O O U G� O IIW�z x� A0 43 E-4 U D CIS �1 F w COA tiro Pa a 3 41 — U 6 z cel O CQ U O U Pr Pa ►-7 A DATE: 2/5/96 SITE PLAN .0 I of 2 �XISTtNU WESTJsRL"( 6RJDG,E AguTMi:NT Ta BE, REMovED UeA Id 5AN0/6xRAYJrL 5AGt:�FILL - r-0rlFAC.r&0 8" Ll F T5 I�200 c Y t/-1 1 !I}_l EXC.AVATE D FILTER 0AJ3RILG t !J Ll j r-aLve.RT 1� ES'r ..I i;XISTi Nta BRIOG,t:. 2I•a�� NEIN PAVEMEWt - �AS'r J y2u AS PHAL'f I.lEA R I tilts CaU RSz: V/21 ASPHA Ll' B1NOF P, GOU RSJ: 4-"- 314" S?ONE 6LEN0 L�ASF, ex I s -r INtA CONG A iiTEJSTF, L BEAMS 4 OlrGKlWai To Bt: R BMOVIiD rJEtnl ALUMINUM box c tl Lv t✓ Al,—, sf9LL-ruR9, 41r44c. EXtSS'tNtA MUD LI Ntr . "U LIME OF NEk TDEWALL EiFiiOMP 19`, 5" JNVi;RT OPENING+t 1,YPIcAL G mcH &M0 ©F CULYJiR'( 22�-Ca" H! AD WALL WIDTH ExISTI1.Itar !'aRIQLT>✓ ABU-rME,M-r G-' EAST SIDrr To Rf<MAI N EX t ST L 441 Woo o 6U LKH i;A O -r> 5E, R EiP'id so - rtYP1GAL BOTH SJOt:S SGA LE; �i41 s i .pi! z 0 a d o z w 0 W a o X25 U O W 9 Hato WA wex+a v ca a o� aHW �� cd v oa z A a cxn - o 0 a va v x x wd w Pa as a A DATE: 2/5/96 CROSS SECTION R 2- 2 of 2 tORK STATE DEPARTMENT OF ENVIRONMENTAL CONSTION DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-01090/00001-0 May 3 1995 FACILITY/PROGRAM NUMBER(S) PE R I T EXPIRATION DATE(S) Under the Emrironmental May 31, 1998 Conservation Law TYPE OF PERMIT I New 0 Renewal 0 Modification 0 Permit to Construct ❑ Permit to Operate Article 15, Title 5: Protection of Waters ❑ Article 15, Title 15: Water Supply ❑ Article 15, Title 15: Water Transport ❑ Article 15, Title 15: Long Island Wells ❑ Article 15, Title 27: Wild, Scenic and Recreational Rivers n Other! 6NYCRR 608: Water Quality Certification 0 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 0 Article 27, Title 7; 6NYCRR 360: Solid Waste Management 0 Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management ❑ Article 34: Coastal Erosion Management ❑ Article 36: floodplain Management 0 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 iIPTI(N CF AJTHP12H) 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,i,n May 3, 1995 Page 1 of 6 r 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 Enviromrental Conservation (the Department) to determine W-iether the permittee is caTplying with this permit and the ECL. Such represen- tative rray order the Aork suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of this permit, including all referenced traps, drawings and special conditions, rrust be available for inspection by the Departrrent at all tins at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Pe rrni t Changes and Perxm 1 s 2. The Department reserves the right to modify, suspend or revoke this permit Men: a) the scope 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 vies obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) enviromantal conditions, relevant technology, or applicable lav or regulation have materially changed since the permit vies issued. 3. The permittee rrust sukmit a separate written application to the Department for reneneI, modification or transfer of this permit. Such application must include any forms, fees or supplerental information the Department requires. Any renes -el, modification or transfer granted by the Department must be in writing. 4. The permittee must submit a renes al application at least: a) 180 days before expiration of. permits for State Pollutant Discharge Elimination Systan (SPEE,S), Hazardous Vlbste NbnageTent Facilities (F'PDc/F) , me j or Ai t Po I I ut i on Cont ro I (APC) and So I i d V%ste N13nagemnt Facilities (SMJF); and b) 30 days before expiration of all other permit types. 5. Un I ess expressly provided for by the Depa r trrent , 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 require -rents 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 Matever nature and by Wiaraver suffered, arising out of the project described in this permit and has agreed to indemify and save harmless the State frau suits, actions, danages and costs of every nage and description resulting frau 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 irrpa i orient 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-vvey that may be required for this project. 2 of f� s 95 -20 -ba (719211-25c 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 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 approval 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. DI C PL RNIIT NU.1IHL R 1— /_)0—UIV7 VVVUI—V PROGRAM FACILITY NUMHLR j Page of 6 3 95-20bf (7/87)-25c NEYORK STATE DEPARTMENT OF ENVIRONMENTAL CONATION 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 4 of 6 a 95-20-61' (7f87) -25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSER*N NOW 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 Page 5 of 6 OPPLEMENTARY SPECIAL CONDAbONS mow 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, NY 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 95-20-1 (8/87)-9d New York State Department of Environmental Conservation AL abow NOTICElow A& 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 1-�173F-0/0 000 /-D ROBERT A. GRLLI\-t Expiration Date 5,-" '?/- 9� NOTE: This notice is NOT a permit • 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 AREAS 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 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 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 A-1 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to 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 JIM 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 RE 0 • 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 PROPOSALFORM DATE: 3 a u G NAME OF BIDDER: 0 • 4-v W n -fr/�vfii TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: J 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: /f,_1e� A/, (written in words _6'y, 9 q 5'. ° o (written in numbers 4-- 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 period. Signature of Bidder: Business Address: Fqo �,��sv- /Y1A-1N 'S -tae -6-7- ve-ezti� Telephone Number: Date: 1n1;-9e_H 20 /99 ro le9 o 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 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 0 RESOLUTION 0 Resolved that N 1T /N /�J�'�"�rL iL s c • 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 / sr day of , 19 iG (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 REPLACEMENT OF BRUSHES CREEK BRID n 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 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: and, 3. it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signat rq of Authorized a resentative of Bidder) REPLACEMENT OF BRUSHES CREEK BRIDGE E-1 E PROPOSALFORM DATE: 3/21/96 NAME OF BIDDER BI -COUNTY CONSTRUCTION CORP. 21 COMMERCIAL BLVD. MEDFORD, NY 11763 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: EIGHTY FOUR THOUSAND EIGHT HUNDRED THIRTY FIVE. DOLLARS NO CENTS (written in words) $84,835.00 (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town, 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, t Town will accept or reject this proposal or by mutual agreement may extend thi imjp�riod. Signature of Bidder: Business Address: Telephone Number: Date: MARCH 21, 1996 21 COMMERCIAL BLVD. MEDFORD, NY 11763 (516) 732-0800 REPLACEMENT OF BRUSHES CREEK BRIDGE C-2 • 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 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 tc 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 tc 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, anc 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 durinc this period. Bid Security in the form of a certified check or Bid Bond in the amour' of 5% of the Base Bid will be required of each bidder. Performance and Payment Bonds in the amount of fifty percent (50%) of thf 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, PC 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 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 El Resolved that BI -COUNTY CONSTRUCTION CORP. 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 BI -COUNTY CONSTRUCTION CORP. corporation at a meeting of the Board of Directors, held on the 19 day of MARCH (SEAL OF THE CORPORATION) Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended effective September 1, 1965 19 96 Q A ARLENE SCHIRO, SECRETARY REPLACEMENT OF BRUSHES CREEK BRIDGE D-2 NEW YORK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION BI -COUNTY CONSTRUCTION CORP. (Bidder) Certifies that: 1. it intends to use the following listed construction trades in the work under the contract LABORERS, OPERATING ENGINEERS IRON WORKERS 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: LABORERS, OPERATING ENGINEERS IRON WORKERS 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: LABORERS, OPERATING ENGINEERS, IRON WORKERS ;and, 3. it will obtain from each of its subcontractors and submit to the contracting or administering a prior to the award of any subcontractor under this contract the subcontract certi ation required ese Bid Conditions. c� (Signature of Authorized 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 BI -COUNTY CONSTRUCTION CORP. 21 COMMERCIAL BOULEVARD, MEDFORD, NY 11763 as Principal, hereinafter called the Principal, and AMERICAN AUTOMOBILE INSURANCE COMPANY ONE LIBERTY PLAZA, NEW YORK, NY 10006 a corporation duly organized under the laws of the State of MISSOURI as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHOLD SOUTHOLD TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of So OF AMOUNT BID Dollars ($ ) for the payment of which sum well and truly be made, 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 REPLACEMENT OF BRUSHES CREEK BRIDGE WITH A NEW STRUCTURAL PLATE BOX CULVERT BID DATE: 03/21/96 NOW THEREFORE, if the Obligee shall accept the bid on 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 Word covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed on March 13, 1996. BI-CO7C (Witness) l (Witness) EARLE W. (Principal) (Seal) COUCH, PRESIDENT (Title) AMERICAN AUTOMOBILE INSURANCE COMPANY (Surety) (Seal) BY � _ Mimi Rubenoff Attorney- in-Fact(Title) C� Individual Acknowledgement State of County of On this day of , 19 , before me personally came and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge to me that he executed the same. My commission expires Notary Public ---------------------------------------------------------------------------------------------------------------------------- Firm Acknowledgement State of County of On this day of 19 , before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public ---------------------------------------------------------------------------------------------------------------------------- Corporation Acknowledgement State of New York County of Suffolk On this 15 day of March , 19 96 ,before me personally came Earle W. Couch to me known who being by me duly sworn, did depose and say that he is the President of Bi—County Construction Corp. the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed 6tR_VMthy like order. Nutsry NNW- State of New York (_� My commission expires iOfl Emku� a ihm Colleen ConroyNotary Public Surety Acknowledgement State of New York County of New York On March 13, 1996, before me personally came Mimi Rubenoff to me known, who, being by me duly sworn, did depose and say that he/she is an attorney-in-fact of AMERICAN AUTOMOBILE INSURANCE COMPANY the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney - in - Fact by author ty of\the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereon. MARIA DEPALMA NOTARY PUBLIC, STATE OF NEW YORK My commission expires No. 4787611 C QUALIFIED IN WESTCHESTER COUNTY �J Notary Public COMMISSION EXPIRES OCTOBER 7, 1997 • AMERICAN AUTROBILE INSURANCE COMPANY SUMMARY FINANCIAL STATEMENT - December 31, 1994 Fireman's (As Filed with Insurance Department of the State of California) Fund Fireman's Fund Insurance Company ASSETS: *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. Mallonee, 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 slid Corporation. :3E,XL:�' State of Caiifornia ) ss .^` M fJ County of Marin ) 0000 N7ice President Subscribed and sworn before me, a Notary Public of the State of California, in the County of Marin, this 17th day of February, 1995. NOW Maw � ✓ a LV 010L WNAm26,190 Notary Public of California rinX0K94 777 San Marin Drive, Novato, CA 94998 415 899 2000 GENERAL PO%ER OF ATTORNEY AMACAN AUTOMOBILE INSURANCAMPANY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY, 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 J. D. FILICE, RALPH INFANTE, MIMI RUBENOFF, jointly or severally New York, NY its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Anthority of Resident Secretaries, Attorney -ice -Feet and Agents to accept Leta/ Process and Matte Appearatism. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or toy Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for anal os behalf of the Corporation. Section 46. Antbority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Diricton or by coy person empowered to make such appointment:, . This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal 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 attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation' IN WITNESS WHEREOF AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presenu to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 101-h day of _ _ Or r n h P r 19 96 `> – • AMERICAN AUTOMOBILE INSURANCE COMPANY Zj \\� By Vioe.Pres[dee[ STATE OF CALIFORNiA COUNTY OF MARIN u' Onthis 10thdayof October19�./�,beforemepersonallycame M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Via -President of AMERICAN AUTOMOBILE INSURANCE COMPANY. the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. _ OFFICIAL NOTARY SEAL A. KRIEGER Notary Pudic — California Notary Pu6i MARIN COUNTY My Comm. Exp. MAR 20,1995 CERTIFICATE STATE OF CALIFORNIA COUNTY OF MARIN 5s' I. the undersigned, Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY. a MISSOURI Corporation, CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore thatt tvicle VII, Sections 45 and 46 of the By-laws of the Corporatic.t, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and seal„• -d at the County ui Iv,-dn. Dated the 13th day of March 19 96 Reudew Anumat semazy 360711 -AA -2.94 INSTRUCTION SHEET FOR AIA DOCUMENT A201, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -1987 Edition A. GENERAL INFORMATION 1. Purpose AIA Document A201, a general conditions forms, is intended to be used as one of the Contract Documents forming the Con- struction Contract. In addition, it is frequently adopted by reference into a variety of other agreements, including the Owner - Architect agreements and the Contractor -Subcontractor agreements, in order to establish a common basis for the primary and secondary relationships on the typical construction project. 2. Related Documents The current edition of A201 is incorporated by specific reference into two AIA Owner -Contractor agreements (A101 and Alll) and several AIA Owner -Architect agreements (13141, B151, B161 and B181). It may also be adopted by indirect reference when the prime Agreement between the Owner and Contractor is adopted into a Subcontract, such as AIA Document A401, or when the prime Agreement between the Owner and Architect is adopted into Architect -Consultant agreements such as AIA Documents C141, C142 and C161. Such incorporation by reference is a valid legal drafting method, and documents so incorporated are generally interpreted as part of the respective contract. The Contract Documents, including A201, record the Contract for Construction between the Owner and Contractor. The other Contract Documents include: Owner -Contractor Agreement Form (i.e., A101 or Alll) Supplementary and Other Conditions Drawings Specifications Modifications Also included in the Contract Documents are addenda issued prior to execution of the Contract and other documents listed in the Agreement. The A201 document is considered the keystone document coordinating the many parties involved in the construction process. As mentioned above and diagramed below, it is a vital document used to allocate the proper legal respon- sibilities of the parties. General Conditions Owner -Contractor Contract for Construction Contractor -Subcontractor Contract for a Portion of the Work Owner -Architect Contract for Design and Administration Architect -Consultant Contract for a Portion of the Services The AIA publishes other General Conditions that parallel A201 for the construction management family of documents (AIA Document A201/CM) and the interiors family of documents (AIA Document A271). For certain federal projects, the AIA publishes Federal Supplementary Conditions (AIA Document A201/SC) for use with A201. 3. Arbitration The A201 document incorporates ARBITRATION according to the Construction Industry Arbitration Rules of the American Arbitration Association. Arbitration is BINDING AND MANDATORY in most states and under the federal Arbitration Act. In a minority of states, arbitration provisions related to future disputes are not enforceable, but arbitration is enforceable if agreed to after the dispute arises. A few states require that the contracting parties be especially notified that the written contract con- tains an arbitration provision by: a warning on the face of the document; specific placement of the arbitration provision within the document; or specific discussions among the parties prior to signing the document. Arbitration provisions have been included in most AIA contract forms since 1888 in order to encourage alternative dispute resolution procedures and to provide users of AIA documents with legally enforceable arbitration provisions when the parties choose to adopt arbitration into their contract. Individuals may, however, choose to delete the arbitration provisions based upon their business decisions with the advice of counsel. To obtain a copy of the Construction Industry Arbitration Rules, write to the American Arbitration Association, 140 West 51st St., New York, NY 10020. INSTRUCTION SHEET FOR AIA DOCUMENT A201 • 1987 EDITION • AIA® • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1 4. Use of Non -AIA Forms If a combination of AIA documents and non -AIA documents is to be used, particular care must be taken to achieve consistency of language and intent. Certain owners require the use of owner -contractor agreements with general conditions and other contract forms which they prepare. Such forms should be carefully compared with the standard AIA forms for which they are being substituted before execution of an agreement. If there are any significant omissions, additions or variances from the terms of the related standard AIA forms, both legal and insurance counsel should be consulted. 5. Use of Current Documents Prior to using any AIA document, the user should consult the AIA, an AIA component chapter or a current AIA Documents Price List to determine the current edition of each document. 6. Reproduction AIA Document A201 is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AIA. The A201 document is intended to be used as a consumable—that is, the original docu- ment purchased by the user is intended to be consumed in the course of being used. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce them. A201 may not be reproduced for Project Manuals. Rather, if a user wishes to include it in a Project Manual, the normal practice is to purchase a quantity of the pre-printed forms and bind one in each of the Project Manuals. Modifications may be accom- plished through the use of separate Supplementary Conditions, such as those derived from AIA Document A511. Unlike the instruction sheets accompanying some AIA documents, this A201 Instruction Sheet does not include a license granting permission to reproduce the A201 document. AIA will not permit the reproduction of this document or the use of substantial portions of language from it, except upon written request and receipt of written permission from the AIA. B. CHANGES FROM THE PREVIOUS EDITION 1. Format Changes The provisions dealing with the rights and responsibilities of the Architect have been moved from Article 2 to Article 4, retitled Administration of the Contract, in order to focus on the Owner and the Contractor as the parties to the Construction Con- tract. Miscellaneous Provisions, formerly Article 7, is now Article 13. 2. Changes in Content The 1987 edition of A201 revises the 1976 edition to reflect changes in construction industry practices and the law. Comments and assistance in this revision were received from numerous individuals and organizations, including those representing owners, architects, engineers, specifiers, general contractors, subcontractors, sureties, attorneys and arbitrators. Substantial changes have been made to the A201 document. The principal changes are as follows. Article 3: Contractor Warranty The warranty provision now explicitly excludes damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, and normal wear and tear under normal usage. Article 4: Administration of the Contract Review of Shop Drawings The provision governing architect's review of shop drawings has been expanded, and now requires that the architect be given sufficient time in his or her professional judgment to conduct an adequate review. The general limitation on the purpose of the Architect's review to checking for conformance with the information given and the design concept expressed in the Contract Documents has been retained. In addition, language has been added specifically excluding purposes of checking details that are the responsibility of the Contractor. Claims and Disputes—Provisions governing the handling of Claims and disputes have been expanded and brought together in a single paragraph to spell out procedures more clearly and sequentially; diagrams of the Change Order and Claims pro- cesses may be found on the last page of this Instruction Sheet. In the interest of expediting arbitration proceedings, a notice of demand for arbitration is now required to include all causes of action then known to the party filing the demand. Limita- tions on consolidation or joinder in arbitration of the Architect or the Architect's employees or consultants have been retained. Delays Due to Adverse Weather Conditions—Claims for delay due to adverse weather conditions must now be substan- tiated by data showing that such conditions were out of the ordinary and had an adverse effect on the scheduled construction. Article 5: Subcontractors Contingent Assignment of Subcontracts—A new provision assigns Subcontracts to the Owner in the event that the Con- tract is terminated, and also provides for adjustment of the Subcontractor's compensation if termination has resulted in suspension of the Work for more than 30 days. Both Owner and Subcontractors are thus given a measure of protection from the effects of termination. INSTRUCTION SHEET FOR AIA DOCUMENT A201 • 1987 EDITION • AIA® • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Article 7: Changes in the Work This article has undergone substantial revision, and provides for a new type of document. The Change Order is now required to be signed by the Owner, Contractor and Architect. In the event the Contractor's agreement cannot be obtained, a new document, a Construction Change Directive which is signed by the Owner and Architect, shall be issued. Both of these situa- tions were previously covered by Change Orders. Now they are separated so that they can, if necessary, be handled independently. A diagram of the process may be found on the last page of this Instruction Sheet. Article 9: Payments and Completion Substantial Completion The Substantial Completion provisions now explicitly allow for partial occupancy or use. A Certifi- cate of Substantial Completion covering a portion of Work is provided for, and consent of the insurer of the property is required. Article 10: Protection of Persons and Property Asbestos, PCB and Other Hazardous Wastes The problem of hazardous wastes is addressed, for the first time, in a paragraph prescribing procedures to be followed in the event such substances are encountered on the site. Under its provisions, the Work may only proceed in the affected area by written consent of the Owner and Contractor, or in accordance with a deter- mination of the Architect upon which arbitration has not been demanded. Article 11: Insurance and Bonds This article has been expanded to cover bonds as well, and it is now provided that bonding requirements must be made known to the Contractor in the bidding requirements or at the time the Contract is signed. The Contractor, in turn, is required to furnish copies of the bonds on request to any person appearing to be a beneficiary of them. Owner's property insurance is now required to be written in the full amount of the Contract Sum and adjusted for changes in the Contract Sum effected by Change Order. The coverages to be included on the "all-risk" policy form are given in much greater detail because "all-risk" merely means coverage of all risks not specifically excluded. In addition, the Owner is now required to insure materials stored off-site or in transit. Article 12: Uncovering and Correction of Work Correction of Work The correction period has been extended with respect to Work performed after Substantial Comple- tion, so that such Work is also covered by a one-year correction period. Article 13: Miscellaneous Provisions Statutory Limitation Period—A separate paragraph has been included under Miscellaneous Provisions giving the dates of commencement of the statutory limitation period with respect to acts or failures to act occurring at different points in the Project. This paragraph covers a range of situations and sets three commencement dates: one for occurrences before Substan- tial Completion, another for those taking place between Substantial Completion and issuance of the final Certificate for Pay- ment, and a third for those taking place after the final Certificate has been issued. Article 14: Termination or Suspension of the Contract Procedures are set out for suspension of the Contract by the Owner for reasons other than the fault of the Contractor. A provi- sion allowing for termination in like circumstances has been included in AIA Document A511, Guide for Supplementary Conditions. Further details on these changes may be found in the Architect's Handbook of Professional Practice when revised. A side-by- side comparison of the 1976 and 1987 editions of A201 will be available for a limited time after publication of the 1987 edition. C. USING THE A201 FORM Modifications Users are encouraged to consult an attorney before using an AIA document. Particularly with respect to licensing laws, duties imposed by building codes, interest charges, arbitration and indemnification, this document may require modification with the assistance of legal counsel to fully comply with state or local laws regulating these matters. Generally, necessary modifications to the General Conditions may be accomplished by Supplementary Conditions included in the Project Manual and referenced in the Owner -Contractor Agreement. See AIA Document A511, Guide for Supplementary Con- ditions, for model provisions and suggested format for the Supplementary Conditions. Because A201 is designed for general usage, it does not provide all the information and legal requirements needed for a specific Project and location. Necessary additional requirements must be provided in the other Contract Documents, such as the Sup- plementary Conditions. Consult AIA Document A521, Uniform Location of Subject Matter, to determine the proper location for such additional stipulations. It is definitely not recommended practice to retype the standard document. Besides being a violation of copyright, retyping can introduce typographical errors and cloud the legal interpretation given to a standard clause when blended with modifica- tions. Retyping eliminates one of the principal advantages of standard form documents. By merely reviewing the modifications to be made to a standard form document, parties familiar with that document can quickly understand the essence of the proposed relationship. Commercial exchanges are greatly simplified and expedited, good -faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny. In this way, contracting parties can more confidently and fairly measure their risks. INSTRUCTION SHEET FOR AIA DOCUMENT A201 • 1987 EDITION • AIA° • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. 20006 D. CHANGE ORDERS AND CLAIMS The diagrams below are graphic examples of the Change Order and Claims processes under the 1987 edition of AIA Document A201. These diagrams are presented for instructional purposes only, and are not intended to augment or supersede any contract language contained in the document. Users are urged to read the document in its entirety and to consult the relevant contract language regard- ing the particulars of the processes diagrammed below. A Change Order may be initiated by the Owner, Contractor or Architect. Typically, upon initiation of the Change Order process, the Architect prepares a copy of AIA Document G709, Proposal Request, and submits it to the Contractor for pricing. This is then con- veyed back through the Architect to the Owner, beginning the process diagrammed below. CHANGE ORDER PROCESS Architect OwnerOwner sends Cont With full Contractor Proposal prepares agrees agreement submits Architect accepted and signs signs Change and I on appli- certifies by Owner Change Change Order signs C.O. pricettime cation for payment Order Order to or C.C.D. 7.1,3 payment Contractor G701 7.2.1 7.2.1 7.2.1 Without Q G702/703 4.2.8 ARCHITECT ' YES full agree- PROCESSES PAPERWORK 1 ment on rArch)itect — — — — — — Architect PAYMENTS gntr pricettime Bills Change PROVISIONS Owner docu- Owner 7.3.4 sent a Order accepts menta and IN Ate• 8 Architect prepared partial amount for Contractor and agreement not in evaluation agree signed dispute to Owner or Claim Proposal Arohitect Owner Architect Contractor Contractor Becomes must rejected prepares sends NO refuses or both a be filed signs by and signs C.C.D. to to sign disagree a claim within Owner C.C.D. C.C.D. Contractor C.C.D. second time 21 days G714 7.3.1 7.3.1 7.3.8 7.3.8 4.3.14.3.3 7.3.1 7.3.4 7.3.2 CLAIMS 4,2,8 CONTRACTOR PROCESS Dropped DISAGREES UNDER ART. 4 The Claims process may be started through a variety of circumstances, including failure to agree upon the terms of a Change Order as shown in the diagram above. Once the Claim arises, the Owner and Contractor, together with the Architect, seek resolution of the dispute by following specific steps established in the Contract Documents and particularly in A201. These steps are generalized in the diagram below. CLAIMS PROCESS Final payment waives Claims not already made or preserved I If mechanic's lien is filed, may proceed immediately to arbitration Statute of limitations—maximum time Omit INSTRUCTION SHEET FOR AIA DOCUMENT A201 e 1987 EDITION a AIA° a THE AMERICAN 4 INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 No definite Architect 21 days 10 days 10 days time lima notifies 7 days Architect's 30 days parties final maximum maximum maximum that final maximum decision maximum decision is Claimant forthcoming Architect responds 4.4.4 takes one 4.4.3 of five Claim made preliminary If no decision within 10 deya—minimum by written actions notice 4.4.1 4.5A Event 4.3.3, 4.3.6 a occur, or m 4.3.9 first If no action follows within 30 days—minimum 17— giving rise to Clam 4.3.2 s 4.3.3 Y = Arbitration If no action follows within 45 days—minimum $ 4.3.2 I If mechanic's lien is filed, may proceed immediately to arbitration Statute of limitations—maximum time Omit INSTRUCTION SHEET FOR AIA DOCUMENT A201 e 1987 EDITION a AIA° a THE AMERICAN 4 INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 T H E A M E R I C A N I N S T I T U T E AIA Document A201 O F A R C H I T E C T S General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. I 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 DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. INDEX Acceptance of Nonconforming Work ......... 9.6.6, 9.9-3,12.3 Acceptance of Work ........... 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3 Access to Work ........................... 3.16, 6.2.1, 12.1 Accident Prevention .............................. 4.2.3,10 Acts and Omissions ... 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2, 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda ..................................... 1.1.1,3.11 Additional Cost, Claims for ......... 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing ....... 4.2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT ....... 3.3.3, 4, 9.4, 9.5 Advertisement or Invitation to Bid ...................... 1.1.1 Aesthetic Effect ............................... 4.2.13, 4.5.1 Allowances ........................................ 3.8 All-risk Insurance ................................. 11.3.1.1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3.18.3, 4.2.7,9.3.2,11.3.1.4,13.4.2,13.5 Arbitration ..................... 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4.5, 8.3.1,10.1.2,11.3.9,11.3.10 Architect .......................................... 4.1 Architect, Definition of ............................... 4.1.1 Architect, Extent of Authority ........ 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 9.2, 9.3.1, 9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3,12.1,12.2.1, 13.5.1,13.5.2,14.2.2,14.2.4 Architect, Limitations of Authority and Responsibility . 3.3.3, 3.12.8, 3.12.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses .......... 2.4, 9.8.2, 11.3.1.1, 12.2.1,12.2.4,13.5.2,13.5.3,14.2.4 Architect's Administration of the Contract .......... 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.5.1, 3.10.2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authority to Reject Work .... 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright ................................. 1.3 Architect's Decisions.......... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections ........... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Architect's Instructions .. 4.2.6, 4.2.7, 4.2.8, 4.3.7, 7.4.1, 12.1, 13.5.2 Architect's Interpretations ................. 4.2.11, 4.2.12, 4.3.7 Architect's On -Site Observations ........ 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Architect's Project Representative ..................... 4.2.10 Architect's Relationship with Contractor ....... 1.1.2, 3.2.1, 3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.11, 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Architect's Relationship with Subcontractors .... 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations ................. 9.4.2, 9.5.1, 9.10.1 Architect's Site 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 Attorneys' 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 Bidding Requirements ................ 1.1.1, 1.1.7, 5.2.1, 11.4.1 Boiler and Machinery Insurance ..................... 11.3.2 Bonds, Lien ...................................... 9.10.2 Bonds, Performance and Payment ..... 7.3.6.4, 9.10.3, 11.3.9, 11.4 Building Permit .................................... 3.7.1 Capitalization ....................................... 1.4 Certificate of Substantial Completion .................... 9.8.2 Certificates for Payment ....... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval ..... 3.12.11, 13.5.4 Certificates of Insurance .................. 9.3.2, 9.10.2, 11.1.3 Change Orders...... 1.1.1, 2.4.1, 3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of .......................... 7.2.1 Changes........................................... 7.1 CHANGES IN THE WORK .... 3.11, 4.2.8, 7, 8.3.1, 9.3.1.1, 10.1.3 Claim, Definition of ................................. 4.3.1 Claims and Disputes ................ 4.3, 4.4, 4.5, 6.2.5, 8.3.2, 9.3.1.2, 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims ................ 4.5.6 Claims for Additional Cost ........ 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Claims for Additional Time ............ 4.3.6, 4.3.8, 4.3.9, 8.3.2 Claims for Concealed or Unknown Conditions ........... 4.3.6 Claims for Damages ... 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbitration ................. 4.3.2, 4.4.4, 4.5.1 Cleaning Up ................................... 3.15,6.3 Commencement of Statutory Limitation Period .......... 13.7 Commencement of the Work, Conditions Relating to ....... 2.1.2, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 6.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Commencement of the Work, Definition of ............... 8.1.2 Communications Facilitating Contract Administration ........................ 3.9.1, 4.2.4, 5.2.1 Completion, Conditions Relating to ....... 3.11, 3.15, 4.2.2, 4.2.9, 4.3.2, 9.4.2, 9.8, 9.9.1, 9.1 0, 11-3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND ......................... 9 Completion, Substantial ......... 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.2, 13.7 Compliance with Laws ...... 1.3, 3.6, 3.7, 3.13, 4.1.1, 10.2.2, 11.1, 11.3,13.1,13.5.1,13.5.2,13.6,14.1.1,14.2.1.3 Concealed or Unknown Conditions ..................... 4.3.6 Conditions of the Contract .................. 1.1.1, 1.1.7, 6.1.1 Consent, Written .................. 1.3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3, 11.3.1,11.3.1.4,11.3.11,13.2,13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS .............................. 1.1.4, 6 Construction Change Directive, Definition of .............. 7.3.1 Construction Change Directives .... 1.1.1, 4.2.8, 7.1, 7.3, 9.3.1 A Construction Schedules, Contractor's ............... 3.10, 6.1.3 Contingent Assignment of Subcontracts ................ 5.4 Continuing Contract Performance .................... 4.3.4 Contract, Definition of ............................... 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE .................. 4.3.7, 5.4.1.1, 14 Contract Administration ..................... 3.3.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to ...... 3.7.1, 3.10,5.2,9.2,11.1.3,11.3.6,11.4.1 Contract Documents, The ....................... 1.1, 1.2, 7 Contract Documents, Copies Furnished and Use of ... 1.3, 2.2.5, 5.3 Contract Documents, Definition of ..................... 1.1.1 Contract Performance During Arbitration ............ 4.3.4, 4.5.3 Contract Sum ................... 3.8, 4.3.6, 4.3.7, 4.4.4, 5.2.3, 6.1.3, 7.2, 7.3, 9.19 9.7, 11.3.1, 12.2.4, 12.3, 14.2.4 Contract Sum, Definition of ............................ 9.1 Contract Time ................. 4.3.6, 4.3.8, 4.4.4, 7.2.1.3, 7.3, 8.2.1,8.3.1,9.7, 12.1.1 Contract Time, Definition of .......................... 8.1.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 2 A201-1987 AIAT • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR ....................................... 3 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's Relationship with Separate Contractors and Owner's Forces ...... 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with Subcontractors ....... 1.2.4, 3.3.2, 3.18.1,3.18.2,5.2,5.3,5.4,9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1.2, 3.2.1, 3.2.2, 3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3,4.2.4,4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contractor's Representations. . 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3 Contractor's 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 Contractor's Right to Stop the Work ...................... 9.7 Contractor's Right to Terminate the Contract .............. 14.1 Contractor's Submittals ....... 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.4.2, 11.4.3 Contractor's Superintendent ...................... 3.9, 10.2.6 Contractor's Supervision and Construction Procedures...... 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contractual Liability Insurance ................. 11.1.1.7, 11.2.1 Coordination and Correlation ............... 1.2.2, 1.2.4, 3.3.1, 3.10,3.12.7,6.1.3,6.2.1 Copies Furnished of Drawings and Specifications ... 1.3, 2.2.5, 3.11 Correction of Work ..................... 2.3, 2.4, 4.2.1, 9.8.2, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of ............................ 7.3.6, 14.3.5 Costs .... 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, 6.1.1, 6.2.3, 6.3, 7.3.3.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9.10.2, 11.3.1.2, 11.3.1.3,11.3.4,11.3.9,12.1,12.2.1,12.2.4,12.2.5,13.5,14 Cutting and Patching ........................... 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to the Work ..... 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for .. 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Damages for Delay .................... 6.1.1, 8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of ......... 8.1.2 Date of Substantial Completion, Definition of .............. 8.1 .3 Day, Definition of ................................... 8.1.4 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification .......... 9.5, 9.7, 14.1.1.3 Defective or 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, 6.1.1, 6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 7.3.9, 8.1.1, 8.3, 10.3.1, 14.1.1.4 Disputes ............ 4.1.4, 4.3, 4.4, 4.5, 6.2.5, 6.3, 7.3.8, 9.3.1.2 Documents and Samples at the Site ...................... 3.11 Drawings, Definition of .............................. 1.1.5 Drawings and Specifications, Use and Ownership of ..... 1.1.1, 1.3, 2.2.5, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions. - - - 3.2 Effective Date of Insurance ...................... 8.2.2, 11.1.2 Emergencies ................................. 4.3.7, 10.3 Employees, Contractor's .......... 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Equipment, Labor, Materials and .......... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Execution and Progress of the Work ....... 1.1.3, 1.2.3, 3.2, 3.4.1, 3.5.1, 4.2.2, 4.2.3, 4.3.4, 4.3.8, 6.2.2, 7.1.3, 7.3.9, 8.2, 8.3, 9.5, 9.9.1, 1 0.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents .......................... 1.2, 3.7.1 Extensions of Time ............. 4.3.1, 4.3.8, 7.2.1.3, 8.3, 10.3 .1 Failure of Payment by Contractor .............. 9.5.1.3, 14.2.1.2 Failure of Payment by Owner ................ 4.3.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment ........ 4.2.1, 4.2.9, 4.3.2, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's ....................... 2.2.1 Fire and Extended Coverage Insurance ................... 11.3 GENERAL PROVISIONS ................................ 1 Governing Law .................................... 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials ............................ 10.1, 10.2.4 Identification of Contract Documents ................... 1.2.1 Identification of Subcontractors and Suppliers ............. 5.2.1 Indemnification ....... 3.17, 3.18, 9.10.2, 1 o.1.4, 11.3.1.2, 11.3.7 Information and Services Required of the Owner ..... 2.1.2, 2.2, 4.3.4, 6.1.3, 6.1.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, 9.10.3, 10.1.4, 11 .2, 11.3, 13.5.1, 13.5.2 Injury or Damage to Person or Property ................ 4.3.9 Inspections ......................... 3.3.3, 3.3.4, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Bidders ............................... 1.1.1 Instructions to the Contractor .... 3.8.1, 4.2.8, 5.2.1, 7, 12.1, 13.5.2 Insurance ....... 4.3.9.6.1.1, 7.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 11 Insurance, Boiler and Machinery .................... 11.3.2 Insurance, Contractor's Liability ...................... 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use ............................. 11.3.3 Insurance, Owner's Liability .......................... 11.2 Insurance,Property ........................... 10.2.5,11.3 Insurance, Stored Materials 9.3.2, 11.3.1.4 INSURANCE AND BONDS ............................. 11 Insurance Companies, Consent to Partial Occupancy ..9.9 1, 1 1.3.1 1 Insurance Companies, Settlement with ................. 11.3.10 Intent of the Contract Documents ................ 1.2.3, 3.12.4, 4.2.6, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest ........................................... 13.6 Interpretation ........ 1.2.5, L4, 1.5, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written .................. 4.2.11, 4.2.12, 4.3.7 Joinder and Consolidation of Claims Required ............. 4.5.6 Judgment on Final Award ................ 4.5.1, 4.5.4.1, 4.5.7 Labor and Materials, Equipment .... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Labor Disputes ..................................... 8.3 .1 Laws and Regulations ....... 1. 3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7, 9.9.1,10.2.2,11.1,11.3,13.1,13.4,13.5.1,13.5.2,13.6 Liens .................. 2.1.2, 4.3.2, 4.3.5.1, 8.2.2, 9.3.3, 9.10.2 Limitation on Consolidation or Joinder ................ 4.5.5 Limitations, Statutes of ................... 4.5.4.2, 12.2.6, 13.7 Limitations of Authority .................... 3.3.1, 4.1.2, 4.2.1, 4.2.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11-3. 10 AIA DOCUMENT A201 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION ^ .' A ^ _ ..... 7�, ;w, "n, z n)7. , 1: N W W6 S= NGTON D.C. 20006 A201-1987 3 Limitations of Liability ..... 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.1 7, 3.1 8, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, 10.1.4, 10.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13 5.2 Limitations of Time, General ........... 2.2.1, 2.2.4, 3.2.1, 3.7.3, 3.8.2,3.10,3.12.5,3.15.1,4.2.1,4.2.7,4.2.11,4.3.2, 4.3.3, 4.3.4,4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.5, 9.6.2, 9.8, 9.9, 9.1 0, 11.1.3, 11.3.1, 11.3.2, 11.3-5, 11.3.6,12.2.1,12.2.2,13.5,13.7 Limitations of Time, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3. 11, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10,11.3.11,12.2.2,12.2.4,12.2.6,13.7,14 Loss of Use Insurance ............................. 11.3.3 Material Suppliers .............. 1.3.1, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous 10.1, 10.2.4 Materials, Labor, Equipment and ..... 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2,3.12.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction .......... 3.3.1, 4.2.3, 4.2.7, 9.4.2 Minor Changes in the Work .......... 1.1.1, 4.2.8, 4.3.7, 7.1, 7.4 MISCELLANEOUS PROVISIONS ........................ 13 Modifications, Definition of ........................... 1.1.1 Modifications to the Contract ........... 1.1.1, 1.1.2, 3.7.3, 3. 11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7 Mutual Responsibility ................................ 6.2 Nonconforming Work, Acceptance of .................. 12.3 Nonconforming Work, Rejection and Correction of ........ 2.3.1, 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Notice ............. 2.3, 2.4, 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8, 3.12.9,3.17,4.3,4.4.4,4.5,5.2.1,5.3,5.4.1.1,8.2.2,9.4.1, 9.5.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4,13.3,13.5.1,13.5.2,14 Notice, Written ............... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9. 10, 10.1.2, 10.2.6, 11.1.3, 11 3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Notice of Testing and Inspections ................ 13.5.1, 13.5.2 Notice to Proceed ................................... 8.2.2 Notices, Permits, Fees and ...... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Architect's On -Site ................. 4.2.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Observations, Contractor's ....................... 1.2.2, 3.2.2 Occupancy ......................... 9.6.6, 9.8.1, 9.9, 11.3.1 1 On -Site Inspections by the Architect .......... 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1 On -Site Observations by the Architect ......... 4.2.2, 4.2.5, 4.3.6, 9.4.2,9.5.1,9.10.1, 13.5 Orders, Written ............ 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12. 1, 12.2, 13.5.2, 14.3.1 OWNER............................................. 2 Owner, Definition of ................................. 2.1 Owner, Information and Services Required of the ........ 2.1.2, 2.2, 4.3.4, 6, 9, 10.1.4, 11.2, 11 3, 13.5.1, 14.1.1.5, 14.1 .3 Owner's Authority ......... 3.8.1, 4.1.3, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 7.3.1,8.2.2,9.3.1,9.3.2,11.4.1,12.2.4,13.5.2,14.2,14.3.1 Owner's Financial Capability ................... 2.2.1, 14.1 .1 .5 Owner's Liability Insurance .......................... 11.2 Owner's Loss of Use Insurance ........................ 11.3.3 Owner's Relationship with Subcontractors ............... 1.1.2, 5.2.1, 5.4.1, 9.6.4 Owner's Right to Carry Out the Work ........ 2.4, 12.2.4, 14.2.2.2 Owner's Right to Clean Up ............................ 6.3 Owner's Right to Perform Construction and to Award Separate Contracts ......................... 6.1 Owner's Right to Stop the Work ................... 2.3, 4.3.7 Owner's Right to Suspend the Work ..................... 14.3 Owner's Right to Terminate the Contract ................. 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents ................ 1.1.1, 1.3, 2.2.5, 5.3 Partial Occupancy or Use ................. 9.6.6, 9.9, 11.3.11 Patching, Cutting and .......................... 3.14, 6.2.6 Patents, Royalties and .............................. 3.17 Payment, Applications for ................ 4.2.5, 9.2, 9.3, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Payment, Certificates for ........... 4.2.5, 4.2.9, 9.3.3, 9.49 9.5, 9.6.1,9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7,14.1.1.3,14.2.4 Payment, Failure of .......................... 4.3.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final ............ 4.2.1, 4.2.9, 4.3.2, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3 .1 Payment Bond, Performance Bond and .............. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Payments, Progress .......................... 4.3.4, 9.3, 9.6, 9.8.3,9.10.3,13.6,14.2.3 PAYMENTS AND COMPLETION ...................... 9, 14 Payments to Subcontractors .................... 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 PCB .............................................. 10.1 Performance Bond and Payment Bond ................. 7.3.6.4, 9.10.3, 11.3.9, 11.4 Permits, Fees and Notices ....... 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF ............ 10 Polychlorinated Biphenyl ............................. 10.1 Product Data, Definition of ........................... 3.12.2 Product Data and Samples, Shop Drawings .... 3.11, 3.12, 4.2.7 Progress and Completion ................... 4.2.2, 4.3.4, 8.2 Progress Payments ............................ 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 Project, Definition of the ............................. 1.1.4 Project Manual, Definition of the ...................... 1.1.7 Project Manuals .................................... 2.2.5 Project Representatives ............................. 4.2.10 Property Insurance ........................... 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY ............. 10 Regulations and Laws ............ 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7,10.2.2,11.1,11.3,13.1,13.4,13.5.1,13.5.2,13.6,14 Rejection of Work ......................... 3.5.1, 4.2.6, 12.2 Releases of Waivers and Liens ......................... 9.10.2 Representations ......................... 1.2.2, 3.5.1, 3.12.7, 6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.10.1 Representatives ............................ 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes .................. 4.4, 4.5 Responsibility for Those Performing the Work ............ 3.3.2, 4.2.3, 6.1.3, 6.2, 10 Retainage ............... 9.3.1, 9.6.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor ............ 1.2.2, 3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner and Architect ............. 3.10.1, 3.10.2, 3.11, 3.12, 4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor ........................ 3.12.5 Rights and Remedies ............. 1.1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.2.6, 4.3.6, 4.5, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties and Patents ............................... 3.17 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 4 A201-1987 AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Rules and Notices for Arbitration ..................... 4.5.2 Safety of Persons and Property ....................... 10.2 Safety Precautions and Programs ........... 4.2.3, 4.2.7, 10.1 Samples, Definition of .............................. 3.12.3 Samples, Shop Drawings, Product Data and ... 3.11, 3.12, 4.2.7 Samples at the Site, Documents and ................... 3.11 Schedule of Values ............................. 9.2, 9.3.1 Schedules, Construction .............................. 3.10 Separate Contracts and Contractors .......... 1.1.4, 3.14.2, 4.2.4, 4.5.5, 6, 11.3.7, 12.1 .2, 12.2.5 Shop Drawings, Definition of ......................... 3.12.1 Shop Drawings, Product Data and Samples .... 3.11, 3.12, 4.2.7 Site, Use of .............................. 3.13, 6.1.1, 6.2.1 Site Inspections ... 1.2.2, 3.3.4, 4,2.2, 4.2.9, 4.3.6, 9.8.2, 9.10.1, 13.5 Site Visits, Architect's ................. 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing .............. 4.2.6, 12.2.1, 13.5 Specifications, Definition of the ....................... 1.1.6 Specifications, The .......... 1.1.1,1.1.6, 1.1.7, 1.2.4, 1.3, 3.11 Statutes of Limitations .................... 4.5.4.2, 12.2.6, 13.7 Stopping the Work ............. 2.3, 4.3.7, 9.7, 10.1.2, 10.3, 14.1 Stored Materials ........... 6.2.1, 9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4 Subcontractor, Definition of ........................... 5.1.1 SUBCONTRACTORS .................................. 5 Subcontractors, Work by .................. 1.2.4, 3.3.2, 3.12.1, 4.2.3, 5.3, 5.4 Subcontractual Relations .............. 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6-3, 9.6.4, 10.2.1,11.3.7,11.3.8,14.1.1,14.2.1.2,14.3.2 Submittals ......... 1. 3, 3.2.3, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 1 1.1.3 Subrogation, Waivers of ................. 6.1.1, 11.3.5, 11.3.7 Substantial Completion ............. 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of .................... 9.8.1 Substitution of Subcontractors .................... 5.2.3, 5.2.4 Substitution of the Architect ........................... 4.1 .3 Substitutions of Materials ............................. 3.5.1 Sub -subcontractor, Definition of ....................... 5.1.2 Subsurface Conditions ............................... 4.3.6 Successors and Assigns ............................ 13.2 Superintendent ............................... 3.9, 10.2.6 Supervision and Construction Procedures ...... 1.2.4, 3.3, 3.4, 4.2.3,4.3.4,6.1.3,6.2.4,7.1.3,7.3.4,8.2,8.3.1,10,12,14 Surety ............... 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of ....................... 9.9.1, 9.10.2, 9.10.3 Surveys ..................................... 2.2.2, 3.18.3 Suspension by the Owner for Convenience ............. 14.3 Suspension of the Work ............. 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes...................................... 3.6, 7.3.6.4 Termination by the Contractor ........................ 14.1 Termination by the Owner for Cause ............. 5.4.1.1,14.2 Termination of the Architect .......................... 4.1 .3 Termination of the Contractor ........................ 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT ...... 14 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1,13.5 TIME............................................... 8 Time, Delays and Extensions of .............. 4.3.8, 7.2.1, 8.3 Time Limits, Specific ......... 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11,12.2.2,12.2.4,12.2.6,13.7,14 Time Limits on Claims ......... 4.3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work ................................. 93.2,9.3 3 UNCOVERING AND CORRECTION OF WORK ............. 12 Uncovering of Work ................................ 12.1 Unforeseen Conditions ..................... 4.3.6, 8.3.1, 10.1 Unit Prices .................................. 7.1.4, 7.3.3.2 Use of Documents ................. 1.1.1, 1. 3, 2.2.5, 3.12.7, 5.3 Use of Site .............................. 3.13, 6.1.1, 6.2.1 Values, Schedule of ............................ 9.2,9.3 1 Waiver of Claims: Final Payment ........... 4.3.5, 4.5.1, 9.10.3 Waiver of Claims by the Architect ...................... 13.4.2 Waiver of Claims by the Contractor ......... 9.10.4, 11.3.7, 13.4.2 Waiver of Claims by the Owner .............. 4.3.5, 4.5.1, 9.9.3, 9.10.3,11.3.3,11.3.5,11.3.7,13.4.2 Waiver of Liens .................................... 9.10.2 Waivers of Subrogation ................... 6.1.1, 11.3.5, 11.3.7 Warranty and Warranties ......................... 3.5, 4.2.9, 4.3.5.3, 9.3.3, 9.8.2, 9.9.1, 12.2.2, 13.7.1.3 Weather Delays ................................... 4.3.8.2 When Arbitration May Be Demanded .................. 4.5.4 Work, Definition of ................................. 1.1.3 Written Consent .............. 1.3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3, 11.3.1,11.3.1.4,11.3.11,13.2,13.4.2 Written Interpretations ................... 4.2.11, 4.2.12, 4.3.7 Written Notice ........... 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Written Orders .............................. 2.3, 3.9, 4.3.7, 7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION - - - _ -_ 1 -- -_-. ' 1 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work'' means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 6 A201-1987 AIA° -© 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as ''the" and "an,'' but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner'' means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement, the prospective contractor would not be required to execute the Agreement or to commence the Work,] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term ''Contractor" means the Contractor or the Contractor's authorized representative. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: 1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 8 A201-1987 AIA`" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed 3hotocopying violates U.S. copyright laws and is subject to legal prosecution. .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare tind keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their Sub- mittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con - AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 10 A201-1987 AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.5 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall 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 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 11 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 12 A201-1987 AIA© • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed ohotocowinci violates U.S. co rfricht laws and is subject to legal prosecution. 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION AIA° - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term ''Contractor'' in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 14 A201-1987 AIAG • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed ohotoco winci violates U.S. co 311ric ht laws and is subject to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, Without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIAO • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 1 1 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 16 A201-1987 AIA" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed Dhotocopying violates U.S. copyright laws and is subject to legal prosecution. Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to 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, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 17 nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11 .3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9. 10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 18 A201-1987 AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in the course of construction. 10.2.2 The Contractor shall give 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 part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION AIA* - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ve 0 Vhl✓:. � I�, „ o. �,.� �,.,��,� �,�, „L�, a,fpc 110'. co wricht laws and is subs^ect to legal arosecution. A201-1987 19 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11. 1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- tained after final payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub -subcontractors in the Work. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false - work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents, 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 20 A201-1987 AIA° • O 1957 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11 .3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. 11.3.9 If required in writing by a parry in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to 'he time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, andshall bear all related costs of tests, inspections and approvals_ The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 22 A201-1987 AIA" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed IPhotoco 3ying violates U.S. copyright laws and is subject to legal prosecution. The Owner shall bear such costs except as provided in Sub- paragraph 13.5.3. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365 -day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to jus - AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 24 A201-1987 AIA" • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 3/87