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18D-038 (2) 09010 'VW 'NO.1.IVVH.I.NUN (IVON 3WINS °NV J.33N.I.S NOS)IOVI I-av `SIIYJ-gd `SNOIIVA-�Ig S.LHOIHH nIHSdWVH JV LNRW21DVIdRU MOCINIM 1N3V1 �t�ljA9 hNIC11S :SN°ISI^3N I-OOZ 'ON WVNOONd NOIJ.VZINN3°OW N, I ' '31�° A.LINOHJ fld ONISnOH NO.LdYWHINON --w-oN 9O1 :3'i11L 133HS 4uansr.3'1V' :31111 17310Nd 5 wv...w.... .. tk I Q -- o 1 0 1-- D 's NL d:z n UVV-X3.4\ B }�. d ,r a U Hl - fp Z } _ O p ��� —� ZVI muI 5 of > 4 I - � Z G Q M N � REVENUE ENFORCEMENT AND PROTECTION CERTIFICATION (REAP) Pursuant to Massachusetts General Laws/Chapter 62(c) , section 49(a), I as of hereby certify under penalties of perjury that to the best of my knowledge and belief has complied with any and all applicable state tax laws. Name of Corporation or Company Title of Person Signing Signature Date Corp seal 11/85 FORM FOR GENERAL BID 4 FORM OF NON-COLLUSIVE AFFIDAVIT GENERAL BIDDERS State of Be. County of ) being first sworn, deposes and says: That he is (a partner or officer of the firm of, etc.) the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the Housing Authority or any person interested in the proposed contract; and that all statements in said proposal or bid are true. Signature of: Bidder, if the bidder is an individual Partner, if the bidder is a partnership Officer, if the bidder is a corporation Subscribed and sworn to before me this day of 19 j I Notary Public Seal My commission expires _ 11/85 FORM FOR GENERAL BID 3 The undersigned agrees that he will comply with the minority manpower ratio and steps prescribed in Article 16 of the Supplementary Conditions, including compliance with the minority Subcontractor ' s requirements specified therein. DATE__ _ — (Name of General Bidder) - By — - ------- (Title) r — (Business Address) (City and State) (ZIP Code) Note : If the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a partnership, give full names and residential addresses of all partners; and if an individual, give residential address if different from business address. FORM FOR GENERAL BID 2 r t FORM FOR GENERAL BID TO THE AWARDING AUTHORITY A. The undersigned proposes to furnish all labor and materials required for State Aided Project 200-1 Modernization at Hampshire Heights Window Replacement in Northampton,- Massachusetts in accordance with the Contract Documents prepared by Timothy Murphy Architects, for the contract price specified below, subject to additions and deductions according to the terms of the specifications. B. This bid includes addenda number _ and C. The proposed contract price is dollars ($ ) For Alternate No. 1, Subtract $ . D. Not Used. E. The undersigned agrees that, if he is selected as general contractor , he will within five days, Saturdays, Sundays and legal holidays excluded. after presentation thereof by the Awarding Authority, execute a contract in accordance with the terms of this general bid and furnish a performance bond and also a labor and materials or paymend bond, each of a surety company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the Awarding Authority and each in the sum of one hundred percent of the contract price . the premiums for which are to be paid by the general contractor and are included in the contract price. The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the Work. FORM FOR GENERAL BID 1 METAL WINDOWS Section 8E A. Restore all existing surfaces damaged during the execution of the work to their original condition. 8E.303 TRAINING A. The Contractor shall give the Authority' s personnel at the project two (2) sets of instructions on how to install, remove, and maintain the windows including reglazing, replacing balances and maintaining replace- ment sash. END OF SECTION METAL WINDOWS 8E-9 METAL WINDOWS Section BE 1 . Six complete sets of upper and lower sash complete with glass and hardware for each size window. 2. Six complete insect screens for each size window. 3 . One hundred jamb clips. 4. Twenty four window locks with fasteners included. 5. Twelve sets of sash balances, four balances each set, of each size balance installed. 6 . Complete parts list and glass sizes for reordering directly from manufacturer for future maintenance of these units. 7. Twelve of each size shade installed. B. Maintenance materials shall be neatly packaged and labeled. PART 3 EXECUTION 8E.301 INSTALLATION A. Install aluminum windows in accordance with manufacturer' s recommendations and approved shop drawings to achieve weathertight installations. Ensure assemblies are plumb, level and free of warp or twist. B. Frame shall be adjusted prior to final anchoring and, if necessary, after installation to require minimum operating force and insure smooth and weathertight operation of sash. C. Install interior trim and shade brackets. D. Install screens. E. Wash windows and clean aluminum surfaces after installation of sealant. F. Install window shades. G. Vacuum clean work areas, remove all workers' fingerprint smudges from adjacent surfaces. 8E.302 REPAIRS METAL WINDOWS 8E-8 METAL WINDOWS Section 8E Design shall permit unrestricted expansion and contraction of panning and window frame. All attachment shall be by use of concealed fasteners and all joints or seals shall be back sealed with a sealant that meets AAMA Specification 803 . 8E.213 WINDOW SHADES AND BRACKETS A. Window shades shall be Cancelite Deluxe as manufactured by Graber Industries, Inc. , Middleton, WI or approved equal. Shade shall extend full width of opening with a tolerance of 1/40. Fabric shall be vinyl coated fiberglass meeting requirements of FS-CCC-C-521E Type II and have minimum weight of 10 oz. per square yard. Roller shall be wood and spring, batten and pull handle shall be of sufficient strength and durability to suit the size shade installed. B. New shade brackets shall be zinc plated steel brackets left and right-handed designed for inside mount to new aluminum trim. 8E.214 INSECT SCREENS A. Insect Screens shall be installed on the bottom half of all windows. B. Screens shall be 18 x 16 mesh aluminum screen cloth conforming to the requirements of CS138-55 and FS-RR-W-365 held by vinyl spline, permitting rescreening, on extruded aluminum tubular frames with minimum dimensions of 3/4" x 3/8" and of sufficient rigidity and cross braced as required to lie flat against window and prevent excess bow in frame members and sag in screen. C. Screens shall be secured in aluminum channels integral to the window frame and permitting the screen to be raised to top of window; removable from the inside and held in place with plungers that prevent removal from the outside. D. Finish shall be electrostatically applied enamel, to match window units. 8E.215 ADDITIONAL MATERIAL A. The Contractor shall provide maintenance materials to the Housing Authority at the beginning of the project as follows : METAL WINDOWS SE-7 METAL WINDOWS Section 8E than 3/4 of an inch and may be up to 1 inch in thickness. The glass thickness shall not be less than that indicated in AAMA 101-85 Glass Table. C. The glass shall be clear. D. The glass shall have muntin bars glazed between inner and outer panes of glass finished to match the windows. E. Where indicated on the drawings or otherwise required by the Commonwealth of Massachusetts Building Code, glass shall be tempered. 8E. 210 FINISH A. The exposed surfaces of all aluminum members shall be clean and free from surface blemishes, scratches or tool marks. Finish shall be thermosetting acrylic enamel conforming to ASTM 603 .7. Color shall be white. B. All hardware and vinyl components exposed to view with exception of marine glazing channel shall be painted in the case of metal and integrally colored in the case of vinyl to match white aluminum finish. 8E.211 INTERIOR TRIM A. Interior continuous snap-on trim cover as required for the installation of the windows shall be an aluminum extrusion of 6063-T6 alloy with nominal wall thickness of .062" and shall be fastened to base clips installed at a maximum of 18" O.C. The finish shall match the window. The trim shall be installed by use of concealed fasteners. 8E.212 SILL EXTENDERS/EXTERIOR PANNING A. All extension and panning system members shall be extruded from 6063-T6 aluminum alloy and be of the profiles indicated on the drawings or approved by the Architect. The finish shall be as specified for the windows. Nominal wall thickness of extrusions is to be .0620. Extrusion legs that extend beyond one inch shall have a nominal wall thickness of .0780. Members of panning system shall lock around the entire window frame. METAL WINDOWS 8E-6 METAL WINDOWS Section 8E *, and weathertight construction. All frame and sash members shall be coped, milled and firmly joined with a mechanical joint using screws into integral screw ports. Sash corner joints shall be sealed for a permanent watertight assembly using a small joint sealant meeting AAMA Specification 803. Sash meeting rails shall interlock and be double weatherstripped and have full width extruded handles for operable sash. B. All windows shall be supplied with a maintenance-tilt mechanism allowing the sash to tilt inward for cleaning and glass replacement, and be removable by tilting no more than 90 degrees from inside. 8E.207 HARDWARE A. Sash balances shall be the spiral or block and tackle type of appropriate size and capacity (up to 4 per sash) to hold each sash stationary at any open position and permit the sash to operate freely. Sash balances shall meet AAMA Specification 902 .2 and be easily replaced after the window is installed. The sash tilt mechanism shall lock sash from travel when sash are in tilted position by the actuation of a zinc or aluminum die cast cam. Locking arrangement at the meeting rail shall be of the cam action type pulling sash together and made or high pressure zinc die cast baked enamel painted finish. All hardware fastenings and accessories shall be or non-corrosive material compatible with aluminum. 8E.208 WEATHERSTRIP A. Double weatherstrip compatible with aluminum shall be provided around the complete perimeter of each sash, and be resistant to weathering. Pile weather strip shall conform to AAMA Specification 701.2. Flexible vinyl weatherstrip shall be equal to Commercial Standard CS 230 .70. Weatherstripping shall be held in extruded ports and secured to prevent shrinkage or loss when operating sash. 8E.209 GLAZING A. Sash are to be factory glazed using marine method of glazing acceptable to AAMA specification. B. Glass shall be sealed insulated units and shall conform to ASTM E 774 level C or higher. Insulating units shall consist of two lites of minimum DSB glass and an air space. The total thickness of the unit shall not be less METAL WINDOWS 8E-5 METAL WINDOWS Section 8E 8E.203 STRUCTURAL PERFORMANCE AOW A. Windows furnished under this Contract shall meet or exceea all minimum structural requirements as outlined in ANSI/AAMA 101-85 for DH-C30 except as noted herein. B. In addition to meeting the minimum requirements, windows furnished under this Contract shall have a maximum air infiltration, at 1.56 PSF (25 MPH wind velocity) , of .20 CFM per foot of sash perimeter crack length. 8E.204 THERMAL PERFORMANCE A. Windows furnished under this Contract shall be tested as outlined in specification 1502.7-1981 and AAMA specification 1503.1-1980 . B. Windows furnishea under this Contract shall have a maximum thermal transmittance, due to conduction, "U " value of .70 with a 15 MPH external wind velocity andc minimum condensation resistance factor (CRF) of 45. 8E.205 MATERIALS A. Aluminum shall be 6063-T6 alloy extrusions with a minimum thickness of .062 inches for all members including frame and sash except that the minimum wall thickness for she window frame sill member shall be .078 inches. All sash members shall have a nominal depth of 1-1/2" except lift rail of bottom sash which shall have a nominal depth of 1-3/4". All sash members shall nave a glazing leg height of 5/8". Jamb extenders shall be extruded shapes of same alloy with minimum wall Lhickness of .062". B. Each main frame extrusion and sash frame member shall have a cavity filled with a high density urethane compound which, upon curing, forms a solid structural connector . The aluminum bridge of the cavity pocket shall be removed to produce an insulated extrusion. This continuous integral structural barrier shall reduce thru metal conduction of outside surface temperature to the interior surface of the windows. The thermal barrier shall be permanently bonded to the extrusions, providing a solid, continuous, integral non-conducting area of at least .250" x .312" in frame and sash members. 8E.206 CONSTRUCTION A. Windows shall be assembled in a secure and workmanlike manner to perform as herein specified and to assure neat look METAL WINDOWS 8E-4 METAL WINDOWS Section 8E 1. A written guarantee from the window manufacturer guaranteeing that the complete window unit including materials, manufacturing and workmanship shall be free from defects for a period of five (5) years. This guarantee shall include but not be limited to hardware, paint and glass. Any glass which exhibits interpane dusting or misting shall be considered defective. This guarantee shall provide for identical replacement of all defective materials and workmanship at no cost to the Owner . 2. A written guarantee from the Contractor certifying that the entire window installation is in strict accordance with the manufacturer ' s instructions and guaranteeing that he shall provide, at no cost to the Owner, the complete coordination and installation of all aefective materials for a period of five (5) years. This guarantee shall provide for all shipping and delivery costs, removal of defective materials, and installation of identical replacement materials as provided under the window manufacturer ' s guarantee or as supplied by the Contractor. It is the Owner' s intention that all uefective materials and workmanship be replaced by the Contractor without any cost or assistance from the Owner . PART 2 PRODUCTS 8E.201 GENERAL A. All aluminum replacement windows, shall be double hung and conform to the DH-C30 descriptive and performance specifications as outlined in ANSI/AAMA 101-85. They shall bear the AAMA "Quality Certified" label, be furnished with all necessary hardware, trim, anchors, and miscellaneous items as herein specified and as required for a complete job. 8E. 202 ACCEPTABLE MANUFACTURERS A. Windows as manufactured by Season-All Industries, Inc. , Indiana, PA; RLS Industries, Malden, MA; Portal Metal Products, Inc. , Avon, MA or Graham Architectural Products Corp. , Yorx, PA, shall be acceptable. B. Refer to Article 4 .4 of Supplementary Conditions, LABOR AND MATERIALS for Contractor ' s substitution requirements. METAL WINDOWS 8E-3 METAL WINDOWS Section 8E of the Shop Drawings. 8E.105 INSTALLER QUALIFICATIONS A. Installation of metal windows shall be performed by an installer with a minimum of 3 years experience in the installation of aluminum replacement windows. 8E.106 SITE INSTALLATION A. After approval of shop drawings and sample unit but before continuous replacement of windows begins, the Contractor shall replace all windows in one apartment, designated by the Housing Authority, in accordance with the Contract Documents which as accepted will become the standard of workmanship acceptable throughout the project. Continuous installation shall not begin until the Contractor receives written approval of the sample installation. 8E.107 FIELD TESTS OF WINDOW UNITS A. The Authority, at its discretion, may make air infiltra- tion and water resistance tests on a random basis of installed units in place. Tests conducted in the field shall be in accordance with ASTM E283-83 for air infiltration and ASTM E331-83 for water resistance. B. Units which fail to comply with Paragraphs 8E.201 , 8E.203 and 8E.204 of these specifications shall be rejected and all costs for corrections to meet the specified standards as well as retesting shall be borne by the Contractor . C. The Authority, at its discretion, may require the Contractor to remove installed units to confirm installation in accordance with contract documents. The costs of removal and reinstallation of 5 properly installed units shall be borne by the Contractor . The removal and reinstallation of all improperly installed units shall be borne by the Contractor . 8E.108 DELIVERY OF MATERIALS A. Deliver windows to job site in manufacturer 's packaging. 8E.109 GUARANTEE/WARRANTY A. Before rinal payment, provide Architect, for submission to Owner, with the following: METAL WINDOWS 8E-2 METAL WINDOWS Section BE PART 1 GENERAL 8E.101 GENERAL PROVISIONS A. Part A and Division 1 of Part B are hereby made a part of this Section. B. All work performed and materials furnished shall be in strict compliance with all applicable rules, regulations, laws, ordinances and tests of all municipal, state or other public agencies having jurisdiction over such matters. 8E.102 WORK INCLUDED A. Installation of new prefinished, thermally broken, prime aluminum replacement windows complete with exterior and interior trim, insulating glass, glazing, hardware, half screens and weatherstrip. Installation of new window shades complete with hardware. 8E.103 RELATED WORK A. Section 2A: Demolition B. Section 6A: Rough Carpentry C. Section 7H: Sealants 8E.104 SHOP DRAWINGS AND PRODUCT DATA A. Submit pertinent dimensioning including minimum and maximum dimensions of all existing window frames and masonry openings in order to indicate squareness of openings, construction, connections, anchorage methods and installation details. B. Submit test reports from an AAMA approved testing lab showing conformance with the requirements of 8E.203 STRUCTURAL PERFORMANCE and 8E.204 THERMAL PERFORMANCE of this Section of the Specifications. C. One, minimum 18" x 320, sample of unit type to be incorporated in the work. Sample shall include insect screen, shades, shade hardware and other accessories required for the work. D. Shop drawings showing full size construction and instal- lation details including actual existing conditions of abutting construction and requirements for all work. Any changes or deviations from the Contract Documents shall be clearly explained in letter form attached to each copy METAL WINDOWS 8E-1 SEALANTS Section 7H with best trade practice . Perform all work in accordance with ASTM C804. B. Clean, prime and prepare joints in accordance with manufacturer' s recommendations. Remove any loose materials and other toreign matter which might impair adhesion of sealant. C. Ensure that joint Forming materials are compatible with sealant. D. Examine point uimensions and size materials to achieve re- quired width/depth ratios. Use joint filler to achieve required joint aepths, to allow sealants to perform properly. Use bond breaker (s) at all locations where three point adhesion would occur and where otherwise required. E. Install bealant in accordance with manufacturer ' s recom- mendations. F. Apply sealant within recommended temperature ranges. Consult manufacturer when sealant cannot be applied within recommended temperature ranges. G. Form joints concave, unless otherwise indicated, free of air pockets, embedded matter , ridges and sags. END OF SECTION SEALANTS 7H-3 SEALANTS Section 7H materials necessary to correct, to the satisfaction of the Architect, any defects of materials or workmanship at no cost to Owner. PART 2 PRODUCTS 7H.201 ACCEPTABLE MANUFACTURERS A. Substitutions : Refer to Article 4.4 of Supplementary Conditions, LABOR AND MATERIALS for Contractor' s substitution requirements. 7H.202 SEALANTS MATERIALS A. Sealant : Polyurethane base, one component, moisture curing; moisture resistant, able to withstand movement of up to 256 of joint width; color (s) selected by Architect; Dymonic manufactured by Tremco Sealant Systems, Dynatrol I manufacturea by Pecora Corporation used generally throughout. B. Silicone base, one component, specifically designed to resist repeated exposure to humidity without diminishing adhesion and resist mold growth; color white; SC5 1702 Sanitary Sealant manufactured by General Electric used at interior points of bathroom windows. 7H.203 PREPARATORY MATERIALS A. Primer (s) : Non-staining type (s) recommended by sealant manufacturer to suit application (s) . B. Joint Cleaner (s) : Non-corrosive type (s) recommended by sealant manufacturer ; compatible with joint forming materials. C. Joint Filler : Round closed cell foam rod; oversized 30 to 50% ; recommended by sealant manufacturer for application. D. Bond Breaker (s) : Pressure sensitive type (s) recommended by sealant manufacturer to suit application (s) . PART 3 EXECUTION 7H.301 PREPARATION/INSTALLATION A. Maintain workmanship of the highest quality in accordance SEALANTS 7H-2 SEALANTS Section 7H PART 1 GENERAL 7H.101 GENERAL PROVISIONS A. Part A and Division 1 of Part B are hereby made a part of this Section. B. All work performed and materials furnished shall be in strict compliance with all applicable rules, regulations, laws, ordinances and tests of all municipal, state or other public agencies having jurisdiction over such matters. 7H.102 WORK INCLUDED A. Clean and prepare surfaces to receive sealant materials. B. Install bealant and backing materials around perimeter of windows, in exterior joints between dissimilar materials, at all locations required and recommended by window and siding manufacturers installation instructions and all field conditions not included above but which in the opinion of the Architect require sealant. 7H. 103 REr'ERENCE STANDARDS A. ASTM C804 - Recommended Practices for Use of Solvent - Release Type Sealants. B. FS TT-S-00230C - Type II, Class A and ASTM C920-79 Sealing Compounds, Single Component. 7H.104 PRODUCT DATA A. Submit Product Data in accordance with Section 1D. B. Submit manufacturer ' s descriptive literature ; including surface preparation and installation instructions and color charts. 7H.105 GUARANTEE/WARRANTY A. Before final payment, provide Architect, for submission to Owner , with the following: 1. A written guarantee from the Contractor guaranteeing that all sealant joints will be free from defects of any kind for a period of five (5) years. This guarantee shall include provision that the contractor will be totally responsible for all labor and SEALANTS 7H-1 SIDING Section 7D surfaces for irregularities which will cause high spots on finished walls. Correct as required to provide even nailable base. B. Repair all gouges and other damage to existing sheathing resulting from removal of previous siding. Restore to sound condition. C. Determine stud locations of existing wall and properly mark in order to nail new siding directly into studs. D. Repair , if necessary, any adjoining work on which this work is in anyway dependent for its proper installation. 7D.302 INSTALLATION A. Install 1 layer of building paper horizontally over entire surface of walls to receive siding. Weather lap edges of building paper 6", ends 6 ". Stagger vertical joints. Securely nail or staple in place. B. Vinyl siding and accessories shall be installed in accordance with manufacturer ' s printed instructions and latest edition of installation instructions prepared by the Vinyl Siding Institute of the Society of the Plastics Industry, Inc. C. Install trim sequentially with siding to cover all exposed fasteners. D. Backbed J channels abutting other construction with sealant as detailed. E. Place sealant gaskets where required, whether or not detailed, to arrest direct weather penetration. Maintain neat and clean appearance acceptable to Architect. 7D.303 CLEAN-UP A. Immediately following completion of one area of siding, clean work area of all construction debris, equipment. B. Clean adjacent construction, windows of all dirt, sealant and other soil caused by siding operations. C. Prior to final inspection and acceptance, walk grounds of project and clean of all remaining debris resulting from the siding installation. END OF SECTION Siding 7D-5 SIDING Section 7D 6 . Gloss (75 degrees gloss meter) 10 +/- 3 C. Weathering of vinyl siding when tested in accordance to ASTM D1435 shall be free of all visual surface defects such as peeling, chipping, cracking, flaking or crazing due to manufacturing conditions. D. Chalking of vinyl siding tested in accordance to ASTM D659 shall not exceed Number 6 rating caused by manufacturing defects within 5 years in a vertical exposure. E. Color variation of the vinyl siding as manufactured shall be less than Delta E of 1 .0 Hunter Units. Color changes or fading shall not exceed 8 NBS units caused by manufacturing defects within 5 years in a vertical exposure. 7D.204 ACCESSORIES A. All accessories used in the installation of the vinyl siding shall be furnished by the siding manufacturer and be manufactured as a part of the total siding system installed. B. J channels, starter strips, utility trim, outside corner trim, shall be of same material and finish as siding, ribbed where required for strength. C. Naiing hem shall be rigid aluminum track designed to support siding while allowing expansion and contraction along entire length of siding unit. D. Aluminum trim coil shall be .019 ga. aluminum coil stock furnished by the siding manufacturer and finished to match the color and gloss of the siding. E. Nails and staples shall be siding manufacturer ' s standard corrosion resistant type of sufficient size and strength to securely hold siding and accessories in place. F. Building paper shall be cellulose fiber , water repellent, breathable type. PART 3 EXECUTION 7D.301 INSPECTION A. Prior to start of installation, clean and inspect all Siding 7D-4 SIDING Section 7D front elevations of the buildings from the contract. B. Removal and replacement of the existing corrugated siding on the rear elevations of the buildings is not part of the Alternate No. 1 . PART 2 PRODUCTS 7D.201 GENERAL A. Vinyl siding shall be extruded rigid polyvinyl chloride with integral color and smooth low luster surface. Siding material shall be 9" wide providing simulated 3" exposure. Colors shall be as selected by Architect. 7D.202 ACCEPTABLE MANUFACTURERS A. Vinyl siding shall be Restoration Series Three Flotrac System as manufactured by Wolverine Technologies, Building Products Division, Lincoln Park, Michigan. B. Refer to Article 4 .4 of Supplementary Conditions, Labor and Materials for Contractor ' s substitution requirements. 7D.203 MATERIALS A. Vinyl siding shall be manufactured from materials meeting ASTM standard specification D3679 Class 2 with the following characteristics : 1. Cell Classification 1,334 2 . Tensile strength (average) 6 ,530 psi 3 . Modulus of elasticity (average) 390 ,000 psi 4 . Izod impact (average) 3 .3 ft. lbs./in. 5. Deflection Temperature @ 1. 82 MPa (average) 171 degrees F. 6 . Flash ignition temperature (average) 810 degrees F. 7 . Maximum smoke density (average) 86 .7 B. Vinyl siding shall meet the following manufacturing and product specifications : 1 . Warp (per two panels) 0 .125 in. max. 2 . Weight (average) 42#/sq. 3 . Thickness (average) .044" 4. Shrinkage (average) 3 .0% 5. Surface distortions @ 110 degrees F. None Siding 7D-3 SIDING Section 7D of vinyl siding. 7D.106 DELIVERY OF MATERIALS A. Deliver all siding materials to job site in manufacturer ' s packaging and store off the ground and in such a manner as to prevent damage to materials. Store siding horizontally and fully supported prior to instal- lation. B. Replace all materials damaged in transit or during storage with new materials. 7D. 107 SITE INSTALLATION A. After approval of shop drawings and samples but before continuous siding application begins, install siding on rear wall of one apartment unit, designated by the Housing Authority, in accordance with the Contract Documents which as accepted will become the standard of workmanship acceptable throughout the project. Continuous siding application shall not begin until the Contractor receives written approval of the sample installation. 7D.108 GUARANTEE/WARRANTY A. Before final payment, provide Architect, for submission to Owner , with the following: 1. A written guarantee from the Contractor certifying that the entire siding installation is in srtrict accordance with the manufacturer' s instructions and guaranteeing that he shall provide, at no cost to the Owner , the complete replacement, including materials and installation, of all defective materials for a period of five (5) years. This guarantee shall provide for all shipping and delivery costs, removal and disposal of defective materials and installation of identical replacement materials as provided by the siding manufacturer or supplied by the Contractor. 2 . A written, non-prorated lifetime warranty from the siding manufacturer. 7D.109 ALTERNATE NO. 1 A. The work of this section shall be effected by Alternate No. 1 which shall delete the removal and replacement of the existing aluminum siding on the A" Siding 7D-2 SIDING Section 7D PART 1 GENERAL 7D.101 GENERAL PROVISIONS A. Part A and Division 1 of Part B are hereby made a part of this Section. B. All work performed and materials furnished shall be in strict compliance with all applicable rules, regulations, laws, ordinances and tests of all municipal, state or other public agencies having jurisdiction over such matters. 7D.102 WORK INCLUDED A. Building paper back-up over wood sheathed walls. B. Preformed vinyl siding for walls complete with related panning, accessory components and anchorages. C. All staging, ladders and similar devices required for the installation of vinyl siding. 7D.103 RELATED WORK A. Section 2A: Demolition B. Section 7H: Sealants 7D.104 SHOP DRAWINGS AND PRODUCT DATA A. Submit manufacturer ' s product data including material specifications and details of accessory pieces. B. Submit physical samples of all of manufacturer ' s available colors for color selection. Minimum size shall be 24" square panels of siding with trim on 4 sides. C. Submit manufacturer ' s printed installation instructions and standard details of installation methods. D. Submit latest edition of siding installation instructions published by the Vinyl Siding Institute of the Society of the Plastics Industry, Inc. 7D.105 INSTALLER QUALIFICATIONS A. Installation of vinyl siding shall be performed by an installer, approved and authorized by the siding manufacturer , with 3 years experience in the installation Siding 7D-1 ROUGH CARPENTRY Section 6A 4 . Graces : light framing construction standard or No. 2 or better . B. Douglas Fir Plywood: exterior type, exterior glue. C. Nails, Spikes and Staples : Galvanized for exterior and high humidity use; size and type to suit application. PART 3 EXECUTION 6A.301 BLOCKING A. Erect wood blocking, shimming and nailing members true to lines and levels. Do not deviate from true alignment. B. Construct members of continuous pieces of longest possible lengths. C. Set and secure finish carpentry items in place rigid, plumb, and square . D. Wnen necessary to cut and fit on site, make material with ample allowance for cutting. Cope to existing material which is to remain. 6A.302 SCHEDULE A. Rough Carpentry Work : 1 . Miscellaneous blocking and shimming for new windows. 2. Miscellaneous blocking and leveling for new siding. END OF SECTION ROUGH CARPENTRY 6A-2 ROUGH CARPENTRY Section 6A PART 1 GENERAL 6A.101 GENERAL PROVISIONS A. Part A and Division 1 of Part B are hereby made a part of this Section. B. All worn performed and materials furnished shall be in strict compliance with all applicable rules, regulations, laws, ordinances and tests of all municipal, state or other public agencies having jurisdiction over such matters. 6A. 102 WORK INCLUDED A. Miscellaneous rough carpentry, blocking and carpentry as indicated in the drawings and required for the complete installation of new replacement windows. 6A.103 RELATED WORK A. Section 2A: Demolition. 6A. 104 QUALITY ASSURANCE A. Rough carpentry lumber : Visible grade stamp of agency certified by National Forest Products Association (NFPA) . 6A.105 REr-ERENCE STANDARDS A. APA, American Plywood Association : Plywood. PART 2 PRODUCTS 6A.201 ROUGH CARPENTRY MATERIALS AND COMPONENTS A. Lumber : graced in accordance with established Grading rules; maximum moisture content of 19 percent. 1. Dimensions : specified lumber aimensions are nominal, unless otherwise indicated. 2. Surfacing: surfaced four sides (M) , unless otherwise indicated. 3 . Species : Douglas Fir, Larch Hem-Fir, Eastern Hemlock, Sika Spruce, Southern Pine, Spruce-Pine-Fir, Eastern Spruce . ROUGH CARPENTRY 6A-1 DEMOLITION Section 2A 2A.303 REMOVAL OF VERTICAL SIDING A. The Contractor ' s attention is called to the fact that the vertical corrugated siding contains asbestos fibers and when broken or abraded is a hazardous material . B. The removal of the vertical siding shall be accomplished in a manner which remmoves the panels as entire pieces and without releasing asbestos into the environment and endangering the project occupants, the workers or the general public. C. Siding, as it is removed, shall be wrapped in plastic or other suitable material to encapsulate it. Material which has been removed and wrapped shall be taken uff site and legally disposed of. 2A.304 REPAIR A. Repair damage to adjacent building elements caused as the result of this work to the satisfaction of the Architect and at no cost to the Owner. END OF SECTION DEMOLITION 2A-3 DEMOLITION Section 2A *0%�, 2A.106 ALTERNATE NO. 1 A. The worx of this section shall be effected by Alternate No. 1 which shall delete the removal and replacement of the existing aluminum siding on the front elevations of the buildings from the contract. B. Removal ana replacement of the existing corrugated siding on the rear elevations of the buildings is not part of the Alternate No. 1 . PART 2 PRODUCTS 2A.201 MATERIALS A. Except where specified herein or noted elsewhere, maintain possession of materials being demolished. Immediately remove from site. PART 3 EXECUTION 2A.301 PREPARATION A. Carry out demolition worK to cause as little inconvenience to building tenants as possible. B. Scheoule all demolition with tenant organization. Do not remove more windows than can be replaced with new windows in the same day. C. Provide weathertight protection for exterior walls when siding has been removed and not replaced in the course of the same day or work is halted due to inclement weather . 2A. 302 DEMOLITION - GENERAL A. Demolish in an orderly and careful manner as required to accommodate new work. B. Repair all demolition performed in excess of that required, at no cost to the Owner . C. Assume ownership of all demolished materials and dispose of in legal manner . D. Remove demolished materials, tools and equipment from site upon completion of work. Leave site in a condition acceptable to the Architect. DEMOLITION 2A-2 DEMOLITION Section 2A PART 1 GENERAL 2A.101 GENERAL PROVISIONS A. Part A and Division 1 of Part B are hereby made a part of this Section. B. All work performed and materials furnished shall be in strict compliance with all applicable rules, regulations, laws, ordinances and tests of all municipal, state or other public agencies having jurisdiction over such matters. 2A.102 WORN INCLUDED A. Remove existing aluminum double hung sash, frames and wood trim as indicated. B. Remove triple track storm windows. C. Remove indicated siding and siding accessories. D. Remove air conditioning units and set aside for reinstallation by others. E. Remove existing shades and shade brackets. F. Remove all superfluous nails, screws, staples, screw eyes, etc. , from trim to remain. G. Clean surfaces of all existing sealant remaining. B. Remove materials and equipment from site. 2A.103 RELATED WORK A. Section 1C : Barriers B. Section 1C: Staging, Scaffolding 2A.104 PROTECTION A. Do not interfere with occupancy of buildings. Maintain free and safe passage to and from. 2A.105 MAINTAINING TRAFFIC A. Do not close or obstruct roadways without permits. DEMOLITION 2A-1 SECTION lg ALTERNATES 1H-01 SCOPE A. This Section lists all of the Alternates which appear in the Contract Documents. Consult the individual Sections for detailed requirements of each Alternate. B. Bid prices for each Alernate shall include overhead, profit, and all other expenses incidental to the Work under each Alternate. C. The Contractor and Subcontractors shall be responsible for examining the scope of each Alternate generally defined herein and for recognizing modifications to the Work caused by the Alternates and including the cost thereof in the bid price. 1H-2 ALTERNATE No. 1 A. The Contractor shall include in the space provided on the Form for General Bid, the amount to be subtracted from the Proposed Contract Price to delete from the Contract the installation of new vinyl siding on the front elevations of the building. B. Alternate No. 1 shall include the removal and disposal of existing aluminum siding, the preparation of the subsurface, installation of new building paper and installation of new vinyl siding. END OF SECTION ALTERNATES 1H-1 H. The Contractor accepts ownership of all waste material and accepts responsibility for its proper disposal . Awk 1F-03 FINAL CLEANING A. Use only cleaning materials recommended by the manufacturer of the surface to be cleaned. B. In preparation for substantial Completion, conduct final inspection of sight-exposed interior and exterior surfaces. C. Repair, patch, and touch up marred surfaces to specified finish to match adjacent surfaces. D. Clean and popish glass on both sides and remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from sight-exposed interior and exterior surfaces which includes cleaning of the Work of all trades where needed, whether or not cleaning by such trades is included in their respective specifications as work progresses and to the acceptance of the tenant co-ordinator or unit tenant. E. Broom clean exposed concrete surfaces and paved surfaces and rake clean otner surfaces of grounds of all construction oebri5. F. Owner ' s responsibility for cleaning commences at the time designated on she Certificate of Substantial Completion. END OF SECTION Afth CLEANING UP 1F-2 SECTION IF CLEANING UP 1F-01 RELATED DOCUMENTS A. This Section supplements Article 4.15 of the General Conditions. B. Consult the individual Sections of the Specifications for cleaning of Work installed under those Sections. 1F-02 CLEANING DURING CONSTRUCTION A. Conauct cleaning and disposal operations to comply with local orainances and anti-pollution laws: 1. Do not burn or bury rubbish and waste materials on project site. 2 . Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drains. 3 . Do not dispose of wastes into streams or waterways. B. Wet down dry materials and rubbish to lay dust and prevent blowing dust. C. Do not allow materials and rubbish to drop free or be thrown from upper Floors, but remove by use of the material hoist or rubbish chutes. D. Proviae on-site containers for collection of waste materials and rubbish. E. At reasonable times during construction, remove waste materials and rubbish from site and legally dispose of it. F. Vacuum clean interior worK areas when operations are complete. G. The Contractor ' s attention is called to the fact that the corrugated vertical siding on the rear elevations of the buildings contains asbestos fibres and when broxen or abraded, becomes a hazardous material. Cleaning up and disposal of debris resulting from the removal or the vertical siding shall be immediate and performed in accordance with Federal, State and local regulations governing hazardous waste and at recognized disposal sites. CLEANING UP 1F-1 PROJECT: EMPLOYER: NAME ADDRESS EMPLOYEE: 11AAF _ S .S . # ADDRESS OCCUPATIONAL CLASS IYeek S M T W T F_ S Total Rate H6W Pen . To _ . Total Health and Welfare Fund Payments and supplementary unemployment benefits •• Pension and Payments I , Do hereby state , that this copy of Name o Signatory arty it e) my record is a true and accurate record showing the Name , Address , Occupational Classification of each such employee on said works and the hours worked by , and the Employment Benefit Plans , or the Equivalent Payment in Wages . (Signed under penalties of perjury as SIGNATURE provided for under Section 27B of 4A Chapter 149 , General taws . ) TITLE END OF SECTION LABOR REGULATIONS 1E-6 OW goo E��./.�y� ,�c r, ��ra,. oe.eot STATEMENT OF COMPLIANCE . . . . . . . . . . . . . . . . . . . ... .. .19. . . Z,. . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . (Name of signatory party) (Title) do hereby state: That I pay or supervise the payment of the persons employed by . . . .. . . . . . . a . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . .on the . . . (Contractor, subcontractor of public body) (Building or Project) and that all mechanics and apprentices, teamsters. chauffeurs and laborers employed on said project have been paid in accordance with wages determined under the provisions of Sections Twenty-seven (27) and Twenty-seven A (27A) of Chapter one hundred and forty-nine (149) of the General Laws. Signature. . . . . . . . . . . . . . .. . . . . . . . . . . . . . Title. . . . .. . . . . . . . . . . . . . . . • . . . . . . .. . . . -- -�-' - (Signed under penalties of perjury as provided for under Section 27B of Chapter 149, General Laws.) LABOR REGULATIONS lE-5 moil OFFICE OF THE COMMISSIONER lgoaWment olYa&o and Adwat� James F. Snow & , 4401 11"7, � ,, 16" ./ce &,dam Amt,, A&A, 0220 RE: Statement of Compliance Dear In conjunction with the Commissioner issuing prevailing wage rates, as stated in Sections 27 and 27A Chapter 149, to a public body or public official , he will also issue a statement of compliance to be incorporated with each specification and contract. The statement of compliance is in Chapter 149 Section 27B, which states: Each such contractor, subcontractor or public body shall furnish to the Commissioner of Labor and Industries within fifteen days after completion of its portion of the work a statement, executed by the contractor, subcontractor or public body or by any authorized officer or employer of the contractor, subcontractor or public body who supervises the payment of wages. ncerely, James F. Snow Commissioner JFS:ecf AM* LABOR REGULATIONS 1E-4 1 Cddj! Q_1= iIIt iUzZiLt Of c'I55A1i52ff5 DEPART,N&ENT OF LABOR AND INDUSTRIES ,' DIVISION OF WDusTRIAL SAFETY MINIMUM WAGE RATES AS DETERMINED BY THE COMMISSIONER UNDER THE PROVISIONS OF THE MASSACHUSETTS GENERAL LAWS, CHAPTER 149, SECTIONS 26 to 27D (1 ) DESCRIPTION OF WORK 7 , STATE ( 2) COUNTY PROJECT (3) CONTRACT NO. (4 ) CITY/TOWN LOCAL JOB (5) AWARDING AUTHORITY ( 6) LOCATION Master Mechanic 06-01-85 19.80 I2-01-85 20.14 06-01-86 20.50 Maint. Mechanic 06-01-85 18.78 12-01-85 19.13 06-01-86 19.48 Hoisting Engineer 06-01-85 19.18 12-01-85 19.53 06-01-86 19.88 Crane Oper. 06-01-85 19.18 12-01-85 19.53 06-01-86 19.88 Power Shovel Oper. 06-01-85 19.18 12-01-85 19.53 06-01-86 19.88 Grader Oper. 06-01-85 19.18 12-01-85 , 19.53 06-01-86 19.88 Bulldozer Oper. 06-01-85 18.78 12-01-85 19.13 06-01-86 19.48 Roller Oper. 06-01-85 18.41 22-01-85 18.76 06-01-86 19.11 Oth. Power Dr. Equ. 06-01-85 18.78 I2-01-85 19.13 06-01-86 19.48 Compressor Oper. 06-01-85 16.13 12-01-85 16.42 06-01-86 16.72 Pumpman 06-01-85 14.96 12-01-85 15.23 06-01-86 15.51 Asst. Engineers . . . -Steam-Fireman 06-01-85 18.78 12-01-85 19.13 06-01-86 19.48 -Tr. Crane-Gradall 06-01-85 19.18 12-02-85 19.53 06-0I-86 19.88 -Other Equip. 06-01-85 14.96 12-01-85 15.23 06-01-86 15.51 Roofer-Comp. 06-01-85 18.92 10-02-85 19.42 06-01-86 19.92 Roofer-Slate 06-01-85 19.83 10-01-85 20.33 06-01-86 20.83 Damproofer 06-01-85 28.92 10-01-85 19.42 06-01-86 19.92 Elev. Constructor 20-01-83 19.105 Elev. Const. Helper 10-01-83 14.245 Glazier 01-01-84 27.42 Sprinkler Fitter 08-01-83 23.05 Asbestos Worker 09-16-83 21.85 Sheet Metal Worker 07-01-85 21.62 01-01-86 22.02 Iron Worker 01-01-84 20.90 06-30-84 21.40 01-02-85 21.90 Bricklayer 06-01-85 19.53 12-01-85 19.88 06-01-86 20.28 Marble Setter 06-01-85 19.53 12-01-85 19.88 06-01-86 20.28 Terrazzo Worker 06-01-85 19.53 12-01-85 29.88 06-01-86 20.28 Tile Setter 06-01-85 19.53 12-01-85 19.88 06-01-86 20.28 Cement Finisher 06-01-85 19.53 12-01-85 19.88 06-01-86 20.28 Waterproofer 06-01-85 29.53 12-02-85 19.88 06-01-86 20.28 Plasterer 06-01-85 19.53 12-01-85 19.88 06-01-86 20.28 Carpenter 06-01-86 29.90 12-01-86 20.25 06-01-87 20.75 Electrician 07-01-85 19.72 06-01-86 20.24 12-01-86 20.55 Electrician-- Contracts under-- *115,000. 07-01-85 17.72 06-01-86 18.24 12-01-86 18.55 Plumber 08-01-84 21.01 02-01-85 21.31 ` Pipefitter 08-01-84 21.02 02-01-85 21.31 Painter 06-10-85 17.84 22-01-85 17.99 07-01-86 18.49 SIS Painter 06-10-85 21.11 12-01-85 21.26 07-01-86 21.76 Steel Painter/Brush 06-01-85 28.34 12-01-85 18.49 07-01-86 '18.99 Steel .S/.S LABOR REGULATIONS lE-3 C hP �DIIQttII2t�I7PZLLi Df gassarhit52u5 DEPARTMENT T OF LABOR AND INDUSTRIES DIVISION OF INDTJMI .L SAFETY MINIMUM WAGE RATES * * AS DETERMINED BY THE COMMISSIONER UNDER THE PROVISIONS OF THE MASSACHUSETTS GENERAL LAWS, CHAPTER 149, SECTIONS 26 to 27D (1 ) DESCRIPTION OF WORK OIL- STATE (2) COUNTY PROJECT (3) CONTRACT NO. (4 ) CITY/TOWN e-7, LOCAL _ ( 5) AWARDING AUTHORITY JOB ( 6) LOCATION Total Total Tot a l Classification Date Rate Date Rate Date Rate LABORER 09-01-85 16.55 12-01-85 16.80 06-01-86 17.30 V)^ CARPENTER TENDER 09-01-85 16.55 12-01-85 16.80 06-01-86 17.30 V 1 CAISSON TENDER 09-01-85 16.55 12-01-85 16.80 06-01-86 17.30 PIPELAYERS 09-01-85 16.80 12-01-85 17.05 06-01-86 17.55 MASON TENDERS 09-01-85 16.80 12-01-85 17.05 06-01-86 17.55 JACK HAMMER OPER. 09-01-85 16.80 12-01-85 17.05 06-01-86 17.55 DRILL OPERATORS 09-01-85 16.80 12-01-85 17.05 06-01-86 17.55 ASPHALT RAKERS 09-01-85 16.80 12-01-85 17.05 06-01-86 17.55 PENCE ERECTOR 09-01-85 16.80 12-01-85 17.05 06-01-86 17.55 PLASTER'S TENDER 09-01-85 16.80 12-01-85 17.05 06-01-86 17.55 S40NE SPREADER 09-0I-85 16.80 12-02-85 1 7.05 06-01-86 17.55 AIR TRACK DRLR. OP. 09-01-85 17.30 12-01-85 27.55 06-01-86 18.05 CURB SETTER 09-01-85 17.30 12-01-85 17.55 06-01-86 28.05 BLASTERS 09-01-85 17.55 12-01-85 27.80 06-01-86 28.30 MINERS 09-01-85 17.55 12-01-85 27.80 06-01-86 18.30 ASBESTOS REMOVER 09-01-85 17.55 12-01-85 27.80 06-01-86 18.30 DECONTAMINATION WORK 12-01-83 15.75 06-01-84 15.95 12-01-84 16.55 PRE CAST FLOOR 12-01-83 15.75 06-01-84 15.95 12-01-84 16.55 TRUCK DRIVER 05-01-84 16.78 11-01-84 17.03 05-02-85 17.78 OPER. 3 AXZZ EQUIP. 05-01-84 16.85 11-01-84 17.10 05-01-85 17.85 OPER. 4 i 5 AXLE • 05-01-84 16.97 11-01-84 17.22 05-01-85 27.97 EUCLID OPERATOR 05-01-84 17.07 11-01-84 17.32 05-01-85 18.07 GRAVEL i PILL TRUCK DERIVER 05-01-84 15.22 11-01-84 25.47 05-0I-85 26.22 OPER. 3 AXLE EQUIP. 05-01-84 15.29 11-01-84 15.54 05-01-85 16.29 OPER. 4 6 5 AXLE 05-01-84 25.41 11-01-84 15.65 05-01-85 16.41 SIGN ERECTOR 06-01-84 15.44 06-01-85 16.14 06-01-86 16.84 ASPH. DRVR. 08-09-84 15.34 ASPH. I MAN SPRAY 08-09-84 16.43 ASPH. HELPER 08-09-84 15.13 DIVER 05-01-83 26.51 Aw DIVER'S HELPER 05-01-83 19.55 PILE DRIVER 05-01-83 20.10 05-01-84 20.60 11-01-84 21.10 BOILER MAKER 10-01-84 22.60 MILLWRIGHT 06-01-84 21.65 LABOR REGULATIONS 1E-2 SECTION lE LABOR REGULATIONS lE-01 MINIMUM MINORITY PERCENTAGES A. The roll wing minimum minority percentages are applicable as per Article 16 of the Supplementary Conditions: Location No Less than Boston : Impact Area (Jamaica Plain 30% [part] , Mattapan, South Cove, Chinatown, Bay Village, Rox- bury, Dorchester, South End) Boston : Other areas 10% Cambriage : 12% New Bedford: 18% Sprii►gfield: 10% All other cities and towns : 5% B. These percentages shall apply to the Contractor and to all Subcontractors, regardless of tier , for all on-site work. 1E-02 WAGE RATES A. The rate per hour of the wages to be paid to mechanics, apprentices, teamsters, chauffeurs, and laborers employed on the Work shall be not less than the rate of wages in the attacheu "Minimum Wage Rates" as determined by the Commissioner of Labor and Industries. This schedule shall continue to ue the minimum rate of wages for baid employees during the life of this Contract. B. Keep posted on she site a legible copy of said schedule. Keep on file the wage rates and classifications of labor employed on this Work in order that they may be available for inspection by the Administrator or the Architect. C. Apprentices employed pursuant to this determination of wage rates must be registered and approved by the State Apprenticesnip Council. Wherever rates for journeymen or apprentices are not listed, and if any other labor is not employed on the Work. D. Pay reserve police officers employed on the Work the prevailing rate of wages paid to regular police officers as required by M.G.L. , Chapter 149, Section 34B, as amended. Sucn police officers shall be covered by Workmen' s Compensation Insurance and Employer' s Liability Insurance by the Contractor . LABOR REGULATIONS 1E-1 2 . Submission to the Architect of a certificate of compliance to this requirement signed by the Contractor and the Owner' s representative, shall be a condition precedent to final payment. B. Maintenance Materials 1. Where specified in the individual Sections, the Contractor shall deliver to the location stipulated by the Owner all maintenance materials properly packaged to prevent damage and tagged to provide identifica- tion. END OF SECTION SUBMITTALS 1D-5 return 4 copies to the Contractor . The Contractor shall provide and distribute such number of additional copies as required for his own and his Subcontractor ' s use. 5. The Contractor shall maintain one full set of approved Product Data at the site. F. Submission of Samples 1. Unless otherwise specified in the individual Section, the Contractor shall submit two specimens of each Sample. 2 . Samples shall be of adequate size to permit proper evaluation of material. Where variations in color or in other characteristics are to be expected, samples shall show the maximum range of variation. Materials exceeding the variation of the approved samples will not be approved on the Work. 3 . Samples which can be conveniently mailed shall be sent directly to the Architect, accompanied by transmittal notice. On the transmittal notice the Contractor shall stamp his approval of Samples submitted. 4 . All other Samples shall be delivered to the site with Sample identification tag attached and properly filled in. Transmittal notice of Samples so delivered with the Contractor' s stamp of approval, shall be mailed to the Architect. 5 . If Sample is rejected by the Architect, a new Sample shall be resubmitted in the manner specified hereinabove. This procedure shall be repeated until the Sample is approved in writing by the Architect. 6 . Samples will not be returned unless return is requested at the time of submission. The right is reserved to require submission of Samples whether or not particular mention thereof is made in the Specifi- cations. 1D-02 OPERATING AND MAINTENANCE INSTRUCTIONS AND MATERIALS A. Instructions of Owner ' s Personnel 1. Where specified in the individual Sections, the Contractor shall instruct the Owner ' s personnel at the site in the use and maintenance of equipment installed by them under the Contract and provide two (2) bound sets of illustrated instructions. SUBMITTALS 1D-4 Data and Samples. 4. Shop Drawings shall be properly identified and contain name of Project, name of firm submitting the Shop Drawings, Shop Drawing number, date of Shop Drawing and of revisions, Contractor 's stamp of approval and sufficient spaces near the title block for the Architect ' s stamp. 5. The Contractor shall submit to the Architect one legible, reproducible, transparency and two black line prints of each Shop Drawing. Transparency and prints shall be mailed or delivered in roll corm. Each sub- mittal shall be accompanied by transmittal notice. 6 . When the transparency is returned by the Architect with the stamp "Revise and Resubmit" or "Disapproved", the Contractor shall correct the original drawing or prepare a new drawing and resubmit a transparency and two prints thereof to the Architect for approval. This procedure shall be repeated until the Architect' s approval is obtained. 7 . When the transparency is returned by the Architect with the stamp "ARproved" or "ARproved as Corrected", the Contractor shall provide and distribute the prints for his own and his Subcontractors' use, and in addition submit, within 10 calendar days after approval, 4 prints to the Architect. 8. The Contractor shall maintain one full set of approved Shop Drawings at she site. E. Submission of Product Data and Test Reports 1. The Contractor shall submit to the Architect, 7 copies of Product Data. All such data shall be specific and identification of material or equipment submitted shall be clearly made in ink. Data of general nature will not be accepted. 2 . Proauct Data shall be accompanied by transmittal notice. The Contractor ' s stamp of approval shall appear on the printed information itself, in a loca- tion which will not mar legibility. 3 . Product Data returned by the Architect with the stamp "Dis prove " shall be resubmitted in 7 copies until the Architect' s approval is obtained. 4 . When the Product Data are acceptable, the Architect will stamp them "AR roved", or "ApRroved as Corrected", retain 3 copies for his own use, and SUBMITTALS 1D-3 variations, from the requirements of the Contract Documents. Deviations shall be highlighted on the submittals. AOW 5. When an item is submitted as an equal substitution for the specific item it shall be clearly so stated on the transmittal . 6 . All costs for printing, preparing, packaging, submitting, resubmitting and mailing or delivering submittals specified in this Article shall be included in the Contract Sum. C. Architect's Action The Architect will review the Contractor 's submittals and return them with one of the following actions recorded thereon by appropriate markings: 1. Final Unrestricted Release : Where marked "Approved" the Work covered by the submittal may proceed provides it complies with the requirements of the Contract Documents. Acceptance of the Work will depend upon tnat compliance. 2 . Final-But-Restricted Releases: When marked "Approved as Noted", the work covered by the submittal may proceed provided it complies with the Architect' s notations or corrections on the submittal, and complies with the requirements of the Contract Documents. Acceptance of the Work will depend upon these compliances. 3 . Returned for Resubmittal : When marked "Revise and Resubmit", or "Disapprovea" the Work covered by the submittal (purchasing, fabrication, delivery or other activity) should not proceed. The submittal should be revised or a new submittal resubmitted without delay, in accordance with the Architect' s notations stating the reasons for returning the submittal. D. Submission of Shop Drawings 1. Shop Drawings shall be complete, give all information necessary or requested in the individual Sections of the Specifications, and also show adjoining Work and details of connection thereto. 2 . Shop Drawings shall be for whole systems. Partial sub- missions will not be accepted. 3 . The Architect reserves the right to review and approve Shop Drawings on.iy after approvai of related Product SUBMITTALS 1D-2 SECTION 1D SUBMITTALS 1D-01 SHOP DRAWINGS. PRODUCT DATA AND SAMPLES A. Related Documents 1 . This Article supplements Subparagraph 2.2.14 and Paragraphs 4.4 and 4.12 of the General Conditions. 2. Consult the individual Sections of the Specifications for the specific submittals required under those Sections and for turther details and descriptions of the requirements. B. General Procedures for Submittal 1. The Contractor shall transmit each submittal to the Architect surficiently in advance of performing related work or other applicable activities, so that the installation will not be delayed by processing times, including disapproval and resubmittal (if required) , coordination with other submittals, testing, purchasing, fabrication, delivery and similar sequenced activities. No extension of time will be authorized because of the Contractor' s failure to transmit submittals to the Architect sufficiently in advance of the Work. 2 . The Contractor shall transmit each submittal in a sequence which will not result in the approval having to be later modified or rescinded by reason of a subse- quent submittal which should have been processed earlier or concurrently for coordination. 3 . Only submittals received from and bearing the stamp of approval of the Contractor will be considered for review by the Architect. Submittals shall be accompanied by a transmittal notice stating name of Project, date of submittal, "To", "From", (Contractor, Subcontractor , Installer, Manufacturer, Supplier ) , Specification Section or Drawing No. to which the sub- mittal refers, purpose (first submittal, resubmittal) , description, remarks, distribution record, signature of transmitter . 4 . On the transmittal, or on a separate sheet attached to the transmittal , the Contractor shall direct attention to any deviations including minor limitations and SUBMITTALS 1D-1 STATE AIDED PROJECT 200-1 MODERNIZATION AT HAMPSHIRE HEIGHTS WINDOW REPLACEMENT COMMONWEALTH OF MASSACHUSETTS MICHAEL S. DUKAKIS, GOVERNOR EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT AMY S. ANTHONY, SECRETARY NORTHAMPTON HOUSING AUTHORITY GEORGE J. O'BRIEN EXECUTIVE DIRECTOR GEORGE McDONALD MAINTENANCE DIRECTOR BOARD OF COMMISSIONERS JOSEPH DART CHAIRMAN SUSAN KOHLER GRAY VICE CHAIRMAN JAMES BRENNAN TREASURER BARBARA KELLY MEMBER HELEN O'RILEY MEMBER ARCHITECT TIMOTHY MURPHY ARCHITECTS 380 HIGH STREET HOLYOKE, MA 01040 CONTRACTOR (CONTRACTOR' S NAME) (ADDRESS) (SAMPLE) TEMPORARY FACILITIES 1C-5 IC-13 WIND PROTECTION A. Should high wind warnings be issued by the U. S. Weather Bureau, the Contractor shall take every precaution to mini- mize danger to persons, to the Work, and to adjacent AAK' property. 1C-14 NOISE AND POLLUTION CONTROL A. All work performed under the Contract shall conform to the requirements of Chapter 11, Section 31C and Section 142D of the General Laws, and Rules and Regulations adopted thereto by the Commonwealth of Massachusetts, Department of Public Health. 1C-15 PROJECT SIGN A. The Contractor shall provide, where directed by the Architect, project sign laid out as per the attached sheet. B. Sign shall be plywood, MDO/EXTAPA, 4 ft. by 6 ft. , supported on Lwo 4 in. by 4 in. posts, with adequate bracing. Paint all surfaces of sign with 2 coats of exterior paint and provide lettering of size and type as directed by the Architect. C. No other signs or advertisements will be allowed to oe displayed without the approval of the Architect. D. The Contractor shall obtain approval of local authorities for erection of signs. TEMPORARY FACILITIES 1C-4 1C-09 TEMPORARY WATER A. Temporary water shall be available for the Contractor from the project' s water system. B. The Contractor shall make connections to the system at his own expense. lC-10 WEATHER PROTECTION A. The Contractor shall provide weather protection in accordance with Chapter 497 of the Acts of 1970, as amended, and with the "Weather Protection Standard" established by the Director of Building Construction during the months of November through March. 1C-11 TEMPORARY ELECTRICITY A. The Contractor shall, at his own expense, provide all extension cords, wiring to provide temporary light and power rrom existing apartment systems. Required power in excess of tnat available in apartments shall be at the expense of the Contractor . B. All temporary work shall be provided in conformity with the National Electrical Code and in accordance with State laws, and requirements of the applicable power company. Particular attention is called to the Commonwealth of Massachusetts "Rules and Regulations for the Prevention of Accidents in Construction Operation", Industrial Bulletin No. 12 of Department of Labor and Industry. Division of Industrial Safety with specific reference to Section 4, Item 4 .26 and Section 7 in its entirety. C. The Contractor shall aismantle and completely remove from the project site all temporary electrical facilities and repair existing system at the completion of the Work. 1C-12 FIRE PROTECTION A. The Contractor shall take all necessary precautions to insure against fire as a result of his operations. He shall be responsible that the area within the scope of his work is kept orderly and clean and that combustible rubbish is promptly removed from the site. B. Provision of equipment suitable for fire protection shall be done at the commencement of operations. Fire protection shall be in accordance with the requirements of Industrial Bulletin No. 12, Division of Industrial Safety Department of Labor and Industries, Commonwealth of Massachusetts. TEMPORARY FACILITIES 1C-3 1C-05 SECURITY A. The Contractor shall be responsible for providing all security precautions necessary, in the Contractor' s opinion, to insure adequate protection of his and the Owner ' s interests. 1C-06 TEMPORARY STRUCTURES A. The Contractor shall provide, maintain and remove at completion of work such storage sheds, temporary buildings, or trailers of a type acceptable to the Architect and as required for the performance of the Contract. Subcon- tractors shall provide their own temporary buildings or trailers. B. Provide and secure all temporary structures in a manner as to pose no nazaru or impediment to the continuous occupancy of the site by the public. C. Locate temporary structures where approved. 1C-07 TEMPORARY STAGING. STAIR$a CHUTES A. Except as otherwise specified, the Contractor shall furnish, install, maintain in safe condition and remove all scaffolds, staging and planking over 8 ft. in height, as required for the use of all trades for the proper execution of their Work. lC-08 TEMPORARY PROTECTION A. The Contractor shall : 1. Protect building and materials at all times from damage of any origin; provide all coverings and other materials and equipment as required by job conditions. 2 . In addition to Lhe weather protection during the months of November through March specified hereunder, proviae temporary weathertight enclosures for openings in exterior walls when and as required to protect existing structures from damage by inclement weather . 3 . Protect sills, jambs, and heads of openings through which materials are handled. 4 . Repair , at no cost to the Owner and to the satisfaction of the Owner, all damage resultixig from the operations required in the execution of the Contract. TEMPORARY FACILITIES 1C-2 A SECTION 1C TEMPORARY FACILITIES lC-01 GENERAL REQUIREMENTS A. The Contractor shall be responsible for providing and maintaining all temporary facilities until Substantial Completion. Removal of such prior to Substantial Completion must be with the concurrence of the Architect. The Contractor bears full responsibility for reproviding any facility removed prior to Substantial Completion if required for the Work. B. Removal of all temporary facilities shall be a condition precedent to Substantial Completion unless directed otherwise vy the Architect or specifically noted in the Specifications. 1C-02 FIELD OFFICES A. The Contractor shall provide a suitable office at the site for nis own use. 1C-03 TEMPORARY TOILETS A. The Contractor shall provide and service an adequate number of toilet booths with chemical type toilets. B. The toilets shall be erected in location approved by the Architect and shall be maintained by the Contractor in a clean and oraerly condition in compliance with all local and state health requirements. 1C-04 TEMPORARY BARRICADES A. The Contractor shall be responsible for providing temporary barricades around work areas as may be necessary, in the Contractor' s opinion, to assure the safety of all persons, authorized or unauthorized. Such protective measures shall be located and constructed as required by local, state and federal orainances, laws or regulations. Any such barricade shall be maintained in an orderly condition. TEMPORARY FACILITIES 1C-1 SECTION 1B EXISTING CONDITIONS 1B-01 PROVISIONS INCLUDED A. The Conditions of the Contract and other sections of Division 1, General Requirements, apply to the Work under this Section. 1B-02 EXISTING BUILDINGS A. All information as to existing conditions represents the best tactual information available to the Owner from original construction documents and recent site investigation and is made available to the Contractors without assumption of responsibility for its accuracy. The Contractor must satisfy himself oy his own investigation and research including field measuring, regarding all conditions and quantities affecting the work to De done and furnish all labor and material needed to complete the work as specified and detailed. B. The Contractor shall take detailed field measurements of all openings and existing conditions prior to ordering of window and siding materials and be responsible for the proper fit of products and their installation in accordance with the intent of the Contract Documents. END OF SECTION EXISTING CONDITIONS 1B-1 B. One apartment shall be completed with all windows, trim, shaaes, vinyl siding on rear wall and sealant prior to continuous installation of windows for project. This apartment shall establish the acceptable standard of Work for the project. END OF SECTION SUMMARY OF WORK 1A-2 SECTION lA SUMMARY OF WORK 1A-01 GENERAL SCOPE OF WORK A. The Work under the Contract consists of 1. Removal and disposal of existing aluminum sash, frames, triple track storm windows and installation of new prime, thermally broken, insulated glazed aluminum replacement windows, screens and panning, and new shaaes including miscellaneous rough carpentry, sealant and insulation work. 2. Removal and disposal of existing siding and installation of new solid vinyl siding including trim and miscellaneous rough carpentry and sealant. 3 . All work either shown on the Drawings or included in the specifications unless specifically indicated as not to be done. 4. Worx shall be coordinated with tenant organization ' s representatives. B. In addition, the Work under the Contract includes: 1 . Providing samples and testing as required by the specif ications. 2 . Providing and removing where appropriate all temporary facilities. 1A-02 TIME OF COMPLETION A. The Work shall be commenced at the time stated in the Notice to Proceed and shall be completed within 150 consecutive calendar days thereafter . 1A-03 SAMPLES A. Furnish full size sample of unit proposed for installation including trim and shades for Owner ' s approval. SUMMARY OF WORK 1A-1 Administration (US Government) , minority contractors' organizations, com- munity organizations and other likely sources of names of additional minority or woman-owned buslaetiti firms capable of performing the work; and (d) evidence showing other efforts to comply with this Article 17. AW The Awarding; Authority may then determine that no such substitute minority contractors exist. 17.6 HEARINGS AND APPEALS 17.6.1 The Awarding Authority shall not impose any sanctions under Paragraph 17.5 unless the Contractor, SOMBA and any interested party shall have been given an opportunity to present testimony at an administrative conference held by the Department, and the Department determines in its sole discretion that the sanc- tions are justified by the supporting circumstances presented at the Administrative Conference. 17.6.2 A Contractor shall have the right to request the Awarding Authority to suspend any or all sanctions imposed under Paragraph 17.5 upon showing that he/she is in compliance with this Article 17. 7/35- SUPPLEMENTARY CONDITIONS 2-10 ANk 17.4.7 Any bidder or contractor must provide information as is necessary in the judgement of the Awarding Authority or SOMBA to ascertain compliance with the terms of this Article 17. 17.4.8 If the Contractor desires to comply with this Article 17, but for reasons beyond his/her control cannot do so in accordance with the Participation Schedule, the Contractor must submit to the Awarding Authority the reason for his/her inability to comply and proposed revisions to the Participation Schedule stating how conditions of this Article 17 are to be met. 17.4.9 Failure to comply with any provisions of Article 17 shall constitute a substantial violation and breach the Owner-Contractor agreement. 17.5 SANCTIONS 17.5.1 If the Contractor fails to comply with the terms of these conditions, the Awarding Authority may (a) suspend any payment for the work that should have been but was not per- formed by an SCE pursuant to the Participation Schedule; or (b) require specific performance of the contractor's obligation under this Article 17 by requiring the contractor to contract with an SCE selected by the contractor and agreed to by the Awarding Authority for any work remaining, at no additional cost to the owner. 17.5.2 To the extent that the Contractor has not complied with the terms of these conditions, the Awarding Authority may withhold from any periodic payment monies equivalent to the product of the percentage of completion times the SCE dollar amount, minus the amount already paid to SCE's for work performed under the contract, minus any payments already withheld. 17.5.3 In addition to the remedies provided under 17.5.1 and 17.5.2, the Awarding Authority may suspend or terminate this contract in whole or in part, or may call upon the contractor's surety to perform all terms and conditions in the contract. 17.5.4 In any proceedings involving the imposition of sanctions, the Awarding Authority may not impose sanctions if it finds that the general contractor has taken every possible measure to comply with this Article 17, and that good cause exist for some other justifable reason for waiving this Article in whole or in part. To demonstrate every possible measure, the contractor shall furnish (a) the name of each firm solicited for quotations on each subcontract, the price quoted by each, and whether or not the firm solicited was a minority or woman-owned business; (b) the reason for not subcontracting with a minority or woman-owned business firm when applicable; (c) evidence showing efforts by the contractor to supplement its own and SO`1BA 0,, lists of minority and woman-owned busi:ess sources by contacting the Small Business Administation, trade organizations, the General Services 7/85 SUPPLEMENTARY CONDITIONS 2-1) (c) Whenever a general bid is filed by a joint venture with an SCE participant in the joint venture that does not exercise more than 51% control over management and profits, that joint venture shall be entitled to credit as an SCE for the lesser of the following amounts: (1) that proportion of the joint venture's item 1 price equal to the SCE participation in the joint venture, or (2) 25% of the Amount of Participation. (d) Whenever a joint venture with an SCE participant files a general bid or sub-bid, and requests a credit as an SCE, that bid must be accompanied by the joint venture agreement for that joint venture. 17.4 COMPLIANCE: 17.4.1 If the Participation Schedule is materially incomplete, the Awarding Authority may consider the bid informal as to substance and reject the bid. If the schedule is incomplete in other respects, the Awarding Authority may con- sider the bid informal as to form and may waive the informalities upon the satisfactory completion of the required information by the bidder and the minority contractor as applicable. 17.4.2 If the Awarding Authority finds that the amount of SCE participation submitted by the bidder on his/her schedule does not meet the amount set forth in the advertisements, it will reject the bidder's proposal and find such bidder ineligible for award of this contract. 17.4.3 A general bidder shall not change the SCE's listed in his/her Schedule or make any other such SCE: substitutions without the written approval of the Awarding Authority as to certification and notification to SOMBA. 17.4.4 At the time of signing the Owner-Contractor Agreement, the general bidder receiving the award shall furnish the Awarding Authority and SOMBA with signed copies of all subcontracts which have been executed between him/her and each of the SCE's listed on the Participation Schedule. If a listed SCE contractor fails to obtain a performance or payment bond when requested by the general bidder to do so, said failure shall not entitle the general bidder to avoid the requirements of this Article 17. 17.4.5 The Contractor shall not terminate any sub-contract for, nor perform with his/her own organization, nor assign to any other contractor or sub- contractor, work designated to an SCE on the Participation Schedule without the written approval of the Awarding Authority and notification to SOMBA. Such approval shall be withheld until the Contractor demonstrates that the Participation Amount is still met for any substituted SCE, provided however, that compliance with this paragraph shall not limit the terms of M.G.L. chapter 149, section 44F. 17.4.6 Any changes or substitutions of the officers or stockholders in an SCE that reduces the minority or woman ownership or control to less than the requisite percentage will result in the automatic revocation of that ;KBE's or WBE's certified status. If an SCE: listed on the Schedule has its certified status revoked, the Contractor shall consider his/tier compliance with this Article 17 terminated and must proceed as outlined in the following paragraph. 7/85 SUPPLEMENTARY COD?DITIONS 2-8 17.2 CONDITIONS: All contractors, subcontractors, sub-subcontractors, and the like agree to be bound by the commitments and obligations outlined in the sections below, as applicable. 17.2.1 Each general bidder must attach a "Participation Schedule" on the form attached to the Bid Form. This schedule shall list those SCE's with whom the general contractor intends to directly subcontract, and also any SCE's listed by filed sub-bidders. Said schedule shall state the amount to be paid each SCE as taken from each individual Participation Schedule form submitted with a bid. The amount of participation of SCE's listed in this schedule must total at least the amont set forth in the "Advertisement for Bidders" for this project. All SCE's listed on this schedule must be on the SOMBA list of approved MBE's or WBE's at the time of the receipt of bids. 17.2.2 Subcontractors are encouraged, but not required to subcontract por- tions of their work to SCE's. Participation forms, available with the bidding documents, shall be used to list those SCE's with whom they wish to subcontract and the dollar amount of those proposed subcontracts. 17.2.3 Material suppliers will be considered for compliance under paragraphs 17.2. 1 and 17.2.2. 17.3 DETERMINATION OF MBE STATUS 17.3. 1 Any contractor, subcontractor or sub-subcontractor may apply to SOMBA for MBE or WBE status. Applications must be made on the application form pre- pared by SOMBA and available from SUMBA. Applicants can be certified only by SOMBA, and certification as a "Minority Business" or "Woman-Owned Business" by other agencies does not fulfill the requirements of this Article 17. 17.3.2 SUMBA will be responsible for preparing, publishing, and updating a list of certified minority owned contracting and subcontracting businesses. The list that is most current at the time the work is advertised shall govern, and bidders are expected to use it as a reference source in meeting the requirements of this Article 17. 17.3.3 Submission of an application to SOMBA does not constitute cer- tification by SOMBA. SUMBA requires a minimum of thirty (30) days from the receipt of a completed application to make its decision regarding the cer- tification of an MBE or WBE applicant. 17.3.4 Joint Ventures. (a) In the case of a joint venture between an SCE and a non-certified business, the joint venture shall be certified by SOMBA if the certified MBE or WBE shall have at least 51% control over the management and receipt of profits of the project bid upon. (b) In the case of a joint venture between an SCE and a non-certified business in which the SCE does not exercise more than 51% control over management and profits, the joint venture shall be entitled to a credit as an SCE for that proportion of the joint venture's contract equal to the SCE par- ticipation in the joint venture, except in the case of (c) below. 7/85 SUPPLEMENTARY CONDITIONS 2-7 ARTICLE 17 - MINORITY OR WOMAN-OWNED BUSINESS ENTERPRISE SET ASIDE REQUIREMENTS 17. 1 DEFINITIONS: For purposes of this Article 17, the following addi- tional definitions shall prevail: 17. 1.1 "Minority" means a person who is a citizen or permanent resident of the United States and who Is either (a) Black (persons having origins in any of the Black racial groups of Africa); (b) Hispanic (persons of Mexican, Puerto Rican, Cuban, Central or South American origin) ; (c) Native American (persons having origins in any of the original peoples of North America, and who are recognized as native Americans by a tribal organization) ; (d) Eskimo b Aleut (persons having origins in any of the peoples of Northern Canada, Greenland, Alaska, and Eastern Siberia) ; (e) Asian (persons having origins in any of the original peoples of the Far East , Southeast Asis, the Indian Subcontinent or the Pacific Islands, for example - China, Japan, Korea, the Phillipine Islands, Samoa); or (f) Cape Verdean (persons having origins in any of the original peoples of the Cape Verde Islands who are of Black African origin) . 17. 1 .2 "SOMBA" means the State Office of Minority Business Assistance (established by Chapter 23A, Section 36 - 41 of the General Laws) , 100 Cambridge Street , Room 1300, Boston, Massachusetts 02202. 17. 1 .3 Department" means the Department of Community Affairs as defined in the Supplementary Conditions. 17. 1 .4 "Minority business Enterprise" (MBE) or "Woman-Owned Business Enterprise" (WBE) means a business organization, certified by SOMBA, which can demonstrate that (a) minority persons or women beneficially own and control at least 51% of the business; (b) minority persons or women have dominant control in the management and operation of the business; (c) minority persons or women have made a substantial investment in the business; and (d) the business is an on-going concern, not created solely for the purpose of taking advantage of set-aside programs. Hereinafter, such a business shall be referred to as a "SOMBA Certified Enterprise" (SCE) . 11. 1.5 "Amount of Participation" means the actual dollar amount to be paid to SCE's for work performed on this contract in accordance with this Article 17. Aw 7/85 SUPPLEMENTARY CONDITIONS 2-6 16.6.3 If at any time after the imposition of one or more of the above sanctions a Contractor is able to demonstrate that he is in compliance with these regulations he may request the Department in consultation with the Authority, to suspend the sanctions conditionally, pending a final determination by the Department as to whether the Contractor is in compliance. After receiv- ing a final report, the Department shall either lift the sanctions or reimpose them. 16.7 CERTIFICATION 16.7.1 The Contractor's Certification Form must be signed by all successful low bidders prior to award by the Authority. 16.7.2 The General Contractor receiving the award the contract shall be required to obtain from each of its Subcontractors filed or nonfiled and submit to the Authority prior to the performance of any work under said Subcontract, a certification by said Subcontractor, regardless of tier, that it will comply with the minority manpower ratio and specific affirmative action steps. The form for this certificate shall be as shown under the "Form of Subcontract", in the "Contract Forms" section of this document. 16.7.3 In order to ensure that the said Subcontractors' certification becomes a part of all Subcontracts under the prime contract, no Subcontract shall be executed until an authorized representative of the Authority administering this project has determined, in writing, that the said certification has been incorporated in such Subcontract, regardless of tier. Any Subcontract executed without such written approval shall be void. 16.8 SEVERABILITY 16.$. 1 The provisions of this section are severable, and if any of these provisions shall be held unconstitutional by any court or competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. 7/85 SUPPLEMENTARY CONDITIONS 2-5 16.6 COMPLIANCE - INFORMATION, REPURTS AND SANCTIONS 16.6.1 The Contractor will provide all information and reports required by the Authority or the Department on instructions issued by either of them and will permit access to its facilities and any books, records, accounts and other sources of information which may be determined by the Authority or the Department to affect the employment of personnel. This provision shall apply only to information pertinent to the Commonwealth's affirmative action contract requirements. Where information required is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Authority or the Department as appropriate and shall set forth what efforts he has made to obtain the information. 16.6.2 Whenever the Authority's EEO Officer, the MCAD, the Department, or the Liaison Committee believes the Contractor may not be operating in compliance with the terms of these requirements, the Department shall conduct an investigation, and may confer with the parties, to determine if such Contractor is operating in compliance with the terms of this section. No investigation by the Department shall be initiated without prior notice to the Contractor. If the Department finds the Contractor not in compliance, it shall make a prelim- inary report on non-compliance, and notify such Contractor in writing of such steps as will in the judgement of the Department bring such Contractor into compliance. A copy of such report shall be sent to the Department's Affirmative Action Officer. In the event that such Contractor fails or refuses to fully perform such steps, the Department shall make a report of non-compliance to the Department which will then conduct an investigation and should it find such Contractor to be in non-compliance, it will recommend, in a final report, the imposition of one or more of the sanctions listed below. If, however, the Department believes the Contractor has taken or is taking every possible measure to achieve compliance, it shall not make a final report of non-compliance. Within fourteen days of a final report the Department shall after due notice and an opportunity to be heard, move to impose one or more of the following sanc- tions to attain full and effective compliance: a. For each week that a General Contractor fails or refuses to comply, the Department may recover from the General Contractor, 1/100 of 1% of the contract award price or $1000 whichever sum is greater, in the nature of liquidated damages or if a Subcontractor is in non-compliance, the Department may recover from the General Contractor, 1/10 of 1% of the subcontract price, or $400 whichever sum is greater, in th6 nature of liquidated damages, to be assessed by the General Contractor as a back charge against the subcontractor for each week that such party fails or refuses to comply. b. The suspension of any payment or part thereof due under the contract until such time as the Contractor is able to demonstrate his compliance with the-- terms of the contract; C. The termination, or cancellation, of the contract, in whole or in part, unless the Contractor is able to demonstrate within a specified time his compliance with the terms of the contract; d. The denial to the Contractor of the right to participate in any future contracts awarded by the Department for a period of up to three years. AW* 7/85 SUPPLEMENTARY CONDITIONS 2-4 materials or equipment, each potential subcontractor or supplier shall be notified in writing of the Contractor's obligations under this Contract relative to nondiscrimination and affirmative action. 16.3 MINORITY GOAL 16.3.1 As part of his obligation of remedial action under the foregoing section, the Contractor shall maintain on this project a percent ratio of minority employee man-hours in each job category not less than the percentages found in Section 1E. Such job categories shall include but not be limited to bricklayers, carpenters, cement masons, electricians, ironworkers, operating engineers, and those "classes of work" enumerated in Section 44C of Chapter 149 of the Massachusetts General Laws. 16.3.2 Referrals: In the hiring of minority journeymen, apprentices, trainees and advanced trainees, the Contractor shall rely on referrals from a multiemployer affirmative action program approved by the Department or the Commission; three agencies designated by the Liaison Committee; and traditional referral methods utilized by the construction industry, where such referrals are needed to meet minority hiring requirements. The Contractor shall keep accurate records of such requests for referrals. 16.3.3 Records of employment referral orders, prepared by the Contractor, shall be made available to the Authority and to the Liaison Committee on request. 16.3.4 The Commission, a designee of the Authority and a designee of the Liaison Committee shall each have right of access to the construction site. 16.4. WORK FORCE TABLES 16.4. 1 Quarterly Projected Work Force: The Contractor shall prepare pro- jected work force tables on a quarterly basis. These shall be broken down into projections, by week of workers required in each trade. Updated copies shall be furnished to the Authority's EEO Officer and the Liaison Committee, one week in advance of the commencement of work and of each quarter thereafter. Quarters shall begin on January 1 , April 1, July 1, and October 1. No work shall begin until projected work force tables are received by the Authority's EEO Officer. 16.4.2 Weekly Actual Work Force Table: The Contractor shall 'prepare a report due after each week of activity, reflecting the actual working hours of all personnel identified as minority or non-minority. It shall be received by the Authority and the Liaison Committee no later than Friday following the week reported. 16.5 LIAISON COMMITTEE ' 16.5.1 The Contractor (or his agent, if any, designated by him as the on-site Equal Employment Opportunity Officer) shall recognize the Liaison Committee as an affirmative action body, and shall establish a continuing working relation- ship with the Liaison Committee, consulting with the Liaison Committee on all matters related to minority recruitment, referral, employment and training. 7/85 SUPPLEMENTARY CONDITIONS 2-3 16.1 .3 "Contractor" refers to the General Contractor and all Sub-Contractors, Filed, and Jnfiled. 16.1.4 "Liaison Committee" refers to a body established for the life of this Awk Contract at the discretion of the Commission, composed of one representative each from the agency or agencies administering this project, the Commission and such other representatives as may be designated by the Commission in conjunction with the administering agency or agencies. 16.1.5 "E.E.O. Officer" refers to Equal Employment opportunity Officer, those" persons designated by the Contractor, the Awarding Authority, or any other agency or party having jurisdiction in this Contract, that serve in a capacity to implement this Article. 16.2 CONDITIONS: During the performance of this Contract, the Contractor for himself, his assignees, and successors in interest, agree as follows: 16.2.1 . For work under this contract, a Contractor shall not discriminate against any employee or applicant for employment because of race, color, reli- gious creed, national origin, age, handicap, or sex. The aforesaid provision shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment advertising; recruitment layoff; termination; rates of pay or other forms of compensation; conditions or privileges of employment; and selection for apprenticeship. The Contractor shall post in conspicuous places, available for employees and applicants for employment, notices to be provided by the Commission setting forth the provisions of the Fair Employment Practices Law of the Commonwealth. 16.2.2 For work under this Contract , a Contractor shall undertake in good faith affirmative action measures designed to eliminate any discriminatory bar- riers in the terms and conditions of employment on the grounds of race, color, religious creed, national origin, age, handicap, or sex, and to eliminate and remedy any effects of such discrimination in the past. Such affirmative action shall entail positive and aggressive measures to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or ter- mination, rate of compensation, and in-service or apprenticeship training programs. This affirmative action shall include all action required to guaran- tee equal employment opportunity for all persons, regardless of race, color, religious creed, national origin, age or sex. A purpose of this provision is to ensure to the fullest extent possible an adequate supply of skilled tradesmen on this public construction project. 16.2.3 For work under this Contract a Contractor will not discriminate on grounds of race, color, religious creed, national origin, age or sex in employ- ment practices, in the selection or retention of subcontractors, or in the pro- curement of materials and rentals of equipment. 16.2.4 If a Contractor shall use any subcontractor on any work under this contract, he shall take affirmative action to negotiate with qualified minority sub-contractors. This affirmative action shall cover both pre-bid and post-bid periods. It shall include notification to the State Office for Minority Business Assistance (SOMBA) or its designees, while bids are in preparation, of all products, work or services for which the Contractor intends to negotiate bids. 16.2.5 In solicitations either by competitive bidding or negotiation made by a Contractor either for work under a subcontractor or for the procurement of 7/85 SUPPLEMENTARY CONDITIONS 2-2 PART 2 - ADDITIONAL CONDITIONS Articles set forth under Part 2 of this section are additional conditions not covered in the A.T.A. General Conditions. ARTICLE 15 - LABOR REQUIREMENTS OF THE COMMON14EALTH OF MASSACHUSETTS 15.1 LABOR LAWS 15.1.1 The Contractor and the Subcontractors shall conform to applicable proms' visions of M.G.L. Chapter 149, as amended. 15.1 .2 No laborer, workman, mechanic, foreman or inspector working in the employment of the Contractor, Subcontractor or other person doing or contracting to do the whole or part of the Work contemplated by this Contract, shall be required or permitted to work any more than eight hours in any one day, or more than forty-eight hours in any one week, or more than six days in any one week, except in cases of emergency. 15. 1 .3 Every employee on the Work shall lodge, board, and trade where and with whom he elects, and the Contractor and any Subcontractor shall not directly or indirectly require, as a condition of employment in said Work, that an employee lodge, board, or trade at a particular place or with a particular person. 15. 1.4 The Contractor and each Subcontractor shall give preference in the employment of mechanics, apprentices, teamsters, chauffeurs and laborers, first to citizens of the Commonwealth who have been residents of the Commonwealth for at least six months at the commencement of their employment and who are veterans as defined in clause forty-three of Section seven of Chapter four of the General Laws, and who are qualified to perform the work to which the employment relates; and secondly, to citizens of the Commonwealth generally, and if they cannot be obtained in sufficient numbers, then to citizens of the United States. 15.2 EXECUTIVE ORDERS 15.2.1 The Contractor shall comply with the provisions of M.G.L. Chapter 151B; Executive Order No. 227, Governor's Code of Fair Practices, amending and Revising Executive Orders No. 116 and 117; Executive Order No. 237 pertaining to minority and women business development; Executive Order No. 246 pertaining to the handicapped and all regulations promulgated pursuant thereto. The aforemen- tioned law, Executive Orders, andtregulations are incorporated herein by reference and made a part of this Contract. ARTICLE 16 - EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS 16.1 . DEFINITIONS: For purposes of this Article 16, the following addi- tional definitions shall prevail: 16.1 .1 "Minority" refers to Asian-Americans, Blacks, Spanish Surnamed Americans, North American Indians, and Cape Verdeans. 16.1 .2 "Commission" or "MCAD" refers to the Massachusetts Commission Against Discrimination. 7/85 SUPPLEMENTARY CONDITIONS 2-1 at the site differ substantially or materially from those shown on the plans or indicated in the Contract Documents either the Contractor or the contracting authority may request an equitable adjustment in the Contract Price of the Contract applying to work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a Contractor, or upon its own initiative, the contracting authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the formance of the work which results in an increase or decrease in the cost of the work, the contracting authority shall make an equitable adjustment in the Contract Price and the Contract shall be modified in writing accordingly. 12.3 CLAIMS FOR ADDITIONAL COSTS 12.3.2 Change ending of Subparagraph to read: . . . make such claims as provided in Subparagraph 12.3.1, except as set forth in Subparagraph 3.3.2 of the Supplementary Conditions. ARTICLE 13 - UNCOVERING AND CORRECTION OF WORK At the end of the Article add the following Paragraph: 13.4 SPECIAL GUARANTEES AND WARRANTIES 13.4.1 All guarantees and warranties required in the various Sections of the Specifications which originate with a Subcontractor or manufacturer must be delivered to the Architect before final payment to the Contractor may be made for the amount of that subtrade or for the phase of Work to which the guarantee or warranty relates. 13.4.2 The failure to deliver a required guarantee or warranty shall be held to constitute a failure of the Subcontractor to fully complete his Work in accordance with the Contact Documents. 13.4.3 The Contractor's obligation to correct Work as set forth in Paragraph 13.2 is in addition to, and not in substitution of, such guarantees or warran- ties as may be required in the various Sections of the Specifications. ARTICLE 14 - TERMINATION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 Delete in its entirety and substitute the following: 14.1.1 If the Work is stopped for a period of thirty days under any order of any court or other public authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or a Subcontractor, or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, then the Contractor may, upon seven additional days' written notice to tle Owner and the Architect, terminate the Contract and recover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages. 8/81 SUPPLEMENTARY CONDITIONS 1-20 11.3.4 The Contractor shall file the original and one certified copy of all policies with the Owner before exposure to loss may occur. If the Owner is damaged by the failure of the Contractor to maintain such insurance and to so notify the Owner, then the Contractor shall bear all reasonable costs properly attributable thereto. 11.3.5 Delete in its entirety. ARTICLE 12 - CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.1 Add the following: All Change Orders must be countersigned by the Administrator in accordance with Paragraph 3.1 as supplemented. 12.1.4 Delete the fourth sentence (beginning on Line 14) and substitute the following: The cost of Work under clauses 12.1.3.3 and 12.1.3.4 shall be limited to the following: 1 . Cost of materials entering permanently in the Work, including cost of delivery; 2. Cost of labor at the rates found elsewhere in this document, including foremen; 3. Rental value at fair market rental rates of equipment and machinery employed directly on the Work (hand tools and minor equipment excluded) ; 4. A percentage amount of 25% of item 2 above to cover Workman's Compensation, F.I.C.A. , and unemployment contributions. For Work performed by the Contractor with his own forces there shall be added a percentage fee for the Contractor equal to 15% of the total of Items 1,2,3 hereinabove. For Work performed by a filed or non-filed Subcontractor there shall be added a percentage fee for the Subcontractor equal to 15% of the total of Items 1,20 hereinabove. To this total amount of the Subcontractor's price there may be added an additional percentage fee of 10%, for the Contractor. The percentage fee shall be compensation to cover the cost of supervision, layout, overhead, bonds, profit and all other general expenses which are not included in the cost of the Work as defined above. 12.2 CONCEALED CONDITIONS 12.2.1 Delete in its entirety and substitute the following: Pursuant to Section 39N of Chapter 30 of the General Laws, the following shall apply to differing concealed conditions: If, during the progress of the work, the Contractor or the awarding authority discovers that the actual subsurface or latent physical conditions encountered 8/81 SUPPLEMENTARY CONDITIONS 1-19 Property Damage Each Occurrence $300,000 Aggregate per 12 months $1,000,000 4. Comprehensive Automotive Liability including coverage for owned, non-owned and hired automobiles. Bodily Injury and Accidental Death Each Person $300,000 Each Occurrence $1,000,000 Property Damage Each Occurrence $100,000 11.1.4 Delete in its entirety and substitute the following: 11.1.4 Certificates of Insurance acceptable to the Owner shall be submitted to the Owner simultanieously with the execution of the Contract. Certificates shall indicate that Contractural Liability coverage is in force, as well as deletions of the XCU exclusions. These Certificates shall contain a provision that the insurance company will notify the Owner by registered mail at least thirty days in advance of any cancellation, change or expiration of the policies. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 Delete in its entirety and substitute the following: 11 .2.1 The Owner shall be named as an additional insured on the Contractor's Liability Insurance Policies. 11.3 PROPERTY INSURANCE 11.3.1 Delete in its entirety and substitute the following: 11.3.1 The Contractor shall purchase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall be taken out in a company or companies against which the Owner has no reasonable objection and shall include the interests of the Owner, the Contractor, Subcontractors and Sub-Subcontractors and shall insure against the perils of fire and extended coverage and shall include "all risks" insurance for physical loss or damage including, without duplication, theft, vandalism and malicious mischief. This insurance shall also cover portions of the Work stored off the site or in transit which are included in an Application for Payment under Subparagraph 9.3.2. If this insurance is written with stipulated amounts deductible, the Owner shall not be responsible for any difference between the payments made by the insurance carrier and the claim. 11.3.2 In first line change "The Owner" to "The Contractor". 11.3.4 Delete in its entirety and substitute the following: *�*'. SUPPLEIIENTARY CONDITIONS 1-18 9.7 FAILURE OF PAYMENT 9.7.1 Delete in its entirety and substitute the following: 9.7.1 If the Owner fails to make payments as set forth in Section 39K of Chapter 30, the Contractor shall be compensated as set forth in said Section. 9.9 FINAL COMPLETION AND FINAL PAYMENT 9.9.1 Add the following at end of Subparagraph: Final payment shall be made in accordance with Section 39K of Chapter 30, quoted in Subparagraph 9.5.6 hereinabove, which Section taken precedence over any contradictory provisions of Paragraph 9.9. 9.9.2 Add the following at end of Subparagraph: The affidavit and consent of surety shall be submitted on AIA forms G706 "Contractor's Affidavit of Payment of Debts and Claims" and G 707 "Consent of Surety Company to Final Payment". ARTICLE 11 - INSURANCE 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.2 Delete in its entirety and substitute the following: 11 .1.2 The insurance required by Subparagraph 11.1.1 shall be taken out in a company or companies authorized to do such business in the Commonwealth of Massachusetts and satisfactory to the Owner and shall be written for not less than any limits of liability specified herein below, or required by law, whichever is greater. 1. Workmen's Compensation and other benefits as required under Chapter 152 of the General Laws, as amended, and Section 34A of Chapter 149 of the General Laws . 2. Employer's liability with a limit of at least $300,000 each accident. 3. Comprehensive General Public Liability including Contractor's Liability as applicable to the Contractor's obligations under Paragraph 4.18; Elevators (if any on the Work) : Completed Operations and Products Liability; all on the occurrence basis with Personal Injury Coverage and Broad Form Property Damage. Remove the XCU exclusions relating to Explosion, Collapse, and Underground Property Damage. Completed Operations Liability shall be kept in force for at least two years after the date of final completion. Personal Injury and Accidental Death Each Person $3001,000 Each Occurrence $13,000,000 8/81 SUPPLEMENTARY CONDITIONS 1-17 to subparagraph (f) shall be made out of amounts payable to the general con- tractor at the time of receipt of a demand for direct payment from a subcon- tractor and out of amounts which later become payable to the general contractor and in order of receipt of such demands from subcontractors. All direct payments shall discharge the obligation of the awarding authority to the general contractor to the extent of such payment. (h) The awarding authority shall deduct from payments to a general contractor amounts which, together with the deposits in interest-bearing accounts pursuant to subparagraph (f), are sufficient to satisfy all unpaid balances of demands for direct payment received from subcontractors. All such amounts shall be earmarked for such direct payments, and the subcontractors shall have a right to such deductions prior to any claims against such amounts by creditors of the general contractor. (i) If the subcontractor does not receive payment as provided in subparagraph (a) or if the general contractor does not submit a periodic estimate for the value of the labor and materials performed or furnished by the subcontractor and the subcontractor does not receive payment for same when due less the deductions provided for in subparagraph (a), the subcontractor may demand direct payment by following the procedure in subparagraph (d) and the general contractor may file a sworn reply as provided in that same subparagraph. A demand made after the first day of the month following that for which the subcontractor performed or furnished the labor and materials for which the subcontractor seeks payment shall be valid even if delivered or mailed prior to the time payment was due on a periodic estimate from the general contractor. Thereafter the awarding authority shall proceed as provided in subparagraph (e), (f) , (g) and (h) . 9.5.8 Pursuant to Section 39F of Chapter 30 of the General Laws, the term "Subcontractor" as used in preceding Subparagraph 9.5.7 shall mean a person who files a sub-bid and receives a subcontract as a result of that filed sub-bid or who is approved by the awarding authority in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the General Contractor. 9.6 PAYMENTS WITHHELD 9.6. 1 In line 13, change the beginning of the fourth sentence to read as follows : Subject to the provisions of Subparagraph 9.6.3 herein below, the Architect may also decline, etc. Add the following Subparagraph: 9.6.3 The awarding authority may make changes in any periodic estimate submitted by the Contractor in accordance with Section 39K of Chapter 30 of the General Laws, and the payment due on said periodic estimate shall be computed in accordance with the changes so made. The provisions of said Section 39K shall govern payments pursuant to periodic estimates on which the awarding authority has made changes. The Architect shall mark the date of receipt on the estimate. A WW 8/81 SUPPLEMENTARY CONDITIONS 1-16 authority shall take reasonable steps to compel the general contractor to make each such payment to each such subcontractor. If the awarding authority has received a demand for direct payment from a subcontractor for any amount which has already been included in a payment to the general contractor or which is to be included in a payment to the general contractor for payment to the subcon- tractor as provided in subparagraphs (a) and (b), the awarding authority shall act upon the demand as provided in this section. (d) If, within seventy days after the subcontractor has substantially completed the subcontract work, the subcontractor has not received from the general contractor the balance due under the subcontract including any amount due for extra labor and materials furnished to the General Contractor, less any amount retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, the subcontractor may demand direct payment of that balance from the awarding authority. The demand shall be by a sworn statement delivered to or sent by certified mail to the awarding authority, and a copy be valid even if delivered or mailed prior to the seven- tieth day after the subcontractor has substantially completed the subcontract work. Within ten days after the subcontractor has delivered or so mailed a copy to the general contractor, the general contractor may reply to the demand . The reply shall be by a sworn statement delivered to or sent by certified mail to the awarding authority and a copy shall be delivered to or sent by certified mail to the subcontractor at the same time. The reply shall contain a detailed breakdown of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor and of the amount due for each claim made by the general contractor against the subcontractor. (e) Within fifteen days after receipt of the demand by the awarding authority, but in no event prior to the seventieth day after substantial completion of the subcontract work, the awarding authority shall make direct payment to the subcontractor of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount (i) retained by the awarding authority as the estimated cost of completing the incomplete or unsatisfactory items of work, (ii) specified in any court proceedings barring such payment, or (iii) disputed by the general contractor in the sworn reply; provided, that the awarding authority shall not deduct from a direct payment any amount as provided in part (iii) if the reply is not sworn to, or for which the sworn reply does not contain the detailed breakdown required by subparagraph (d) . The awarding authority shall make further direct payments to the subcontractor forthwith after the removal of the basis for deductions from direct payments made as provided in part (i) and (ii) of this subparagraph. (f) The awarding authority shall forthwith deposit the amount deducted from a direct payment as provided in part (iii) of subparagraph (e) in the interestbearing joint account in the names of the general contractor and the subcontractor in a bank in Massachusetts selected by awarding authority or agreed upon by the general contractor and the subcontractor and shall notify the general contractor and the subcontractor of the date of the deposit and the bank receiving the deposit. The bank shall pay the amount in the account, including accrued interest, as provided in an agreement between the general contractor and the subcontractor or as determined by decree of a court of competent jurisdiction. (g) All direct payments and all deductions from demands for direct payments deposited in an interest-bearing account or accounts in a bank pursuant 8/81 SUPPLEMENTARY CONDITIONS 1-15 awarding authority, less (1) a retention based on its estimate of the fair value of its claims against the contractor and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, and less (3) a retention not exceeding five per cent (5%) of the approved amount of the periodic payment. After the receipt of a periodic estimate requesting final payment and within sixty-five days after (a) the contractor fully completes the work or substantially completes the work so that the value of the work remaining to be done is, in the estimate of the awarding authority, less than one per cent (1%) of the original contract price, or (b) the contractor substantially completes the work and the awarding author- ity takes possession for occupancy, whichever occurs first, the awarding authority shall pay the contractor the entire balance due on the contract less, (1) a retention based on its estimate of the fair value of its claims against the contractor and of the cost of completing the incomplete and unsatisfactory items of work less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, or based on the record of payments by the contractor to the subcontractors under this contract if such record of payment indicates that the contractor has not paid subcontractors as provided in section thrity-nine F. If the awarding authority fails to make payment as herein provided, there shall be added to each such payment daily interest at the rate of three percentage points above the rediscount rate then charged by the Federal Reserve Bank of Boston commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the contractor; provided, that no interest shall be due, in any event, on the amount due on a periodic estimate for final payment until fifteen days after receipt of such a periodic estimate from the contractor, at the place designated by the awarding authority if such a place is so designated . The contractor agrees to pay to each subcontractor a portion of any such interest paid in accordance with the amount due each subcontractor. 9.5.7 The Contractor shall make payments to filed Subcontractors and to other Subcontractors as defined in following Subparagraph 9.5.8 in accordance with Section 39F of Chapter 30 of the General Laws which provides as follows : (a) Forthwith after the general contractor receives payment on account of a periodic estimate, the general contractor shall pay to each subcontractor the amount paid for the labor performed and the materials fur- nished by the subcontractor, less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the subcontractor by the general contractor. (b) Not later than the sixty-fifth day after each subcontractor substantially completes his work in accordance with the plans and specifi- cations, the entire balance due under the subcontract less amounts retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, shall be due the subcontractor; and the awarding authority shall pay that amount to the general contractor. The general con- tractor shall forthwith pay to the subcontractor the full amount received from the awarding authority less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the subcontractor by the general contractor. (c) Each payment made by the awarding authority to the general contractor pursuant to subparagraphs (a) and (b) of this paragraph for the labor performed and the materials furnished by a subcontractor shall be made to the general contractor for the account of that subcontractor: and the awarding 8/81 SUPPLEMENTARY CONDITIONS 1-14 9.3.1 Once each month, on a date established at the beginning of the Work, the Contractor shall deliver to the Architect by hand or by registered or certified mail with return receipt an itemized Application for Payment, sup- ported by such data substantiating the Contractor's right to payment as the Architect may require, and reflecting retainage as provided in Paragraph 9.5 as supplemented. Such Application for Payment shall be submitted on a form supplied by the Architect. The form shall show separately: (1) The value of labor and materials incorporated in the Work. (2) The value, kind, and quantity of each item of material or equipment not incorporated in the Work but delivered and suitably stored at the site. (3) The value, kind, and quantity of each item of material or equipment not incorporated in the Work but suitably stored at some other location agreed upon in writing. (4) All Change Orders approved up to the date of the Application for Payment. Add the following Subparagraph: 9.3.4 In no event may materials or equipment be deemed delivered and suitably stored at the site (or at some other location agreed upon in writing) , unless the following requirements are met: (1) The materials or equipment are ready for and actually scheduled for prompt use, as so-called stockpiling is expressly forbidden, except as otherwise specified or permitted by the Architect. (2) The materials or equipment meet the requirements of the Contract Documents and required submittals have been approved by the Architect. (3) The Contractor can and will adequately protect the materials or equipment until they are incorporated in the Work. (4) The Contractor will pay storage charges and related expenses if materials or equipment are stored at some other location agreed upon in writing. 9.5 PROGRESS PAYMENTS Add the following Subparagraphs: 9.5.6 After the Architect has issued a Certificate for Payment the Owner shall make payment to the Contractor in accordance with Section 39K of Chapter 30 of the General Laws which provides as follows: Within fifteen days after receipt from the Contractor, at the place designated by the awarding authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the awarding authority will make a periodic payment to the contractor for the work performed during the preceding month and for the materials not incorporated in the work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the contractor has title or to which a subcon- tractor has title and has authorized the contractor to transfer title to the 8/81 SUPPLEMENTARY CONDITIONS 1-13 3. the CPA's statement, with reasons, that an overall opinion cannot be expressed. The actountant's report shall include a signed statement by the responsible cor- porate officer attesting that all material facts were disclosed to the CPA and that the financial statement is a true and complete statement of financial condition. 7.10.6 Changes in the method of record keeping which materially affect any of the statements required by Subparagraphs 7.10.3 through 7.10.5 shall be reported to the Owner. State the changes, the reason for it, and the date of the change. Include a statement from the CPA approving or commenting on the change in con- formance with M.G.L. Chapter 30, Section 39R (b)(3). 7.10.7 Subparagraphs 7 .10.3 through 7.10.6 shall apply only to filed sub- contractors and general contractors whose contracts exceed $100,000. ARTICLE 8 - TIME 8.3 DELAYS AND EXTENSION OF TIME 8.3, 1 In line 9, change "pending arbitration" to "pending appeal to and decision by the Administrator% Add the following Subparagraph: 8.3.5 The Contractor and the Surety of the Contractor's performance bond shall be jointly and severally liable for, and shall pay to the Owner the expen- ses for inspection of Work performed after the time stipulated in the Owner-Contractor Agreement for Substantial Completion. Such inspection costs shall include fees paid to the Architect as extra services at the rate stipu- lated in the Contract for Architectural Services between the Owner and the Architect , the costs of the Project Representative at the current salary rate and any other direct expenses due to inspection. In no case, however, shall the total amount of inspection costs exceed an aggregate total computed at the rate of two hundred dollars per day. The Owner may retain from monies otherwise due the Contractor whatever sums accrue to the Owner pursuant to this provision. The Contractor shall not be liable for inspection costs for delay in performance as provided hereunder for any period for which an extension of the Contract Time has been granted pursuant to the provisions of Subparagraph 8.3.1. ARTICLE 9 - PAYMENTS AND COMPLETION 9.2 SCHEDULE OF VALUES Add the following Subparagraphs. 9.2.2 The Schedule of Values shall contain a separate item for each Section of these Specifications broken down in such form as the Architect may require. Each item in the schedule of values shall include its proper share of overhead and profit. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 Delete in its entirety and substitute the following: 4/62 SUPPLEMENTARY CONDITIONS 1-12 Add the following Paragraph: 7 .10 RECORD KEEPING AND MANAGEMENT CONTROLS 7.10.1 The Contractor shall make and retain for at least six years after final payment records which reflect the transactions and dispositions of the firm in accordance with the requirements of M.G.L. Chapter 30, Section 39R (b) . 7.10.2 These records and the subcontractors' records pertaining to this Contract shall be available for examination by the Owner, Department, Division of Capital Planning and Operations, and Inspector General for six years after final payment. 7.10.3 Prior to execution of the Contract submit a statement of management on internal accounting controls to the Owner in conformance with M.G.L. Chapter 30, Section 39R (c) . The system of controls must reasonably assure that: (a) transactions are executed in accordance with management's general and specific authorization; (b) the transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles and to maintain accountability for assets; (c) access to assets is permitted only in accordance with management's authorization; and (d) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action was taken with respect to any difference. 7 .10.4 The statement of management on internal accounting controls must have been reviewed by an independent certified public accountant (CPA) , and that CPA shall file a statement with the Owner in conformance with the requirements of M.G.L. Chapter 30, Section 39R (c) . The CPA's statement must: (a) state that the internal accounting controls statement was examined; (b) express an opinion as to whether management's statement of internal accounting controls is consistent with management's evaluation of the system of internal accounting controls; and (c) express an opinion as to whether the statement is reasonable with respect to transactions and assets of material amounts in the context of the firm's overall financial picture. 7 .10.5 Submit to the Owner annually during the term of the Contract a finan- cial statement prepared by an independent CPA. This statement shall be based on an audit of the firms records in accordance with the requirements of M.G.L. Chapter 30, Section 39R (a)(5) . The financial statement shall be accompanied by an accountant's report in accordance with the requirements of M.G.L. Chapter 30, Section 39R (a)(6) stating: 1 . the scope of the audit made by the CPA and 2 . the CPA's opinion of the financial statement as a whole and exceptions and qualifications to that opinion or 4/82 SUPPLEMENTARY CONDITIONS 1-11 (b) Within thirty days of submission of the dispute to the chief executive offi- cial of the state agency or his/her designee, s/he shall issue a written deci- sion stating the reasons therefor, and shall notify the parties of their right of appeal under this section. If the official or his/her designee is unable to issue a decision within thirty days, s/he shall notify the parties to the dispute in writing of the reasons why a decision cannot be issued within thirty days and of the date by which the decision shall issue. Failure to issue a decision within the thirty-day period or within the additional time period spe- cified in such written notice shall be deemed to constitute a denial of the claim and shall authorize resort to the appeal procedure described below. The decision of the chief executive official or his/her designee shall be final and conclusive unless an appeal is taken as provided below. (c) Within twenty-one calendar days of the receipt of a written decision or of the failure to issue a decision as stated in the preceding subparagraph, any aggrieved party may file a notice of claim for an adjudicatory hearing with the division of hearing officers or if the amount in controversy exceeds ten thousand dollars in lieu of appealing the decision of the chief executive official, the aggrieved party may file an action directly in a court of com- petent jurisdiction and shall serve copies thereof upon all other parties in the form the manner prescribed by the rules governing the conduct of adjudicatory proceedings of the division of hearing officers. The appeal shall be referred to a hearing officer experienced in construction law and shall be prosecuted in accordance with the formal rules of procedure for the conduct of adjudicatory hearings of the division of hearing officers, except as provided below. The hearing officer shall issue a final decision as expeditiously as possible, but in no event more than one hundred and twenty calendar days after conclusion of the adjudicatory hearings, unless the decision is delayed by a request for extension of time for filing post-hearing briefs or other submissions assented to by all parties. Whenever, because an extension of time has been granted, the hearing officer is unable to issue a decision within one hundred and twenty days, s/he shall notify all parties of the reasons for the delay and the date when the decision will issue. Failure to issue a decision within the one hundred and twenty-day period or within the additional period specified in such written notice shall give the petitioner the right to pursue any legal remedies available to him/her without further delay. (d) When the amount in dispute is less than ten thousand dollars, a contractor who is party to the dispute may elect to submit the appeal to a hearing officer experienced in construction law for expedited hearing in accordance with the informal rules of practice and procedure of the division of hearing officers. An expedited hearing under this subparagraph shall be available at the sole option of the contractor. The hearing officer shall issue a decision no later than sixty days following the conclusion of any hearing conducted pursuant to this subparagraph. The hearing officer's decision shall be final and conclusive, and shall not be set aside except in cases of fraud. 7.9.3 The Contractor shall proceed with the disputed Work as directed by the Architect . Notice must be given to the Project Representative by the Contractor's superintendent every day that disputed Work is to be performed. Accurate records of the nature and extent of the disputed Work and of the time spent and equipment used on the disputed Work shall be maintained by the superintendent and verified daily by the Project Representative. ,,M 4/82 SUPPLEMENTARY CONDITIONS 1-10 ARTICLE 6 - WORK BY OWNER OR BY SEPARATE CONTRACTOR 6.2 MUTUAL RESPONSIBILITY 6.2.5 In lines 5 and 6, delete the words "or initiates an arbitration pro- ceeding against". In last line, delete the words "or arbitration". Add the following Subparagraphs: 6.2.6 Should the Contractor sustain damage through an act or omission of any separate contractor, or should the Contractor sustain damage through an act or omission of a subcontractor of any such separate contractor, the Contractor shall have no claim against the Owner for suc% damage. 6.2.7 The settlement of any claim set forth in the preceding subparagraphs 6.2.5 and 6.2.6 shall in no case be a cause for delays in the Work. ARTICLE 7 - MISCELLANEOUS PROVISIONS 7.9 ARBITRATION Delete entire paragraph and substitute the following: 7.9 DISPUTES 7.9.1 Claims, disputes, and other matters in question between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach thereof, except as provided in Subparagraph 2.2.11 with respect to the Architect's decisions on matters relating to artistic effect, and except for claims which have been waived by the making or acceptance of final payment as provided by Subparagraph 9.9.4 and 9.9.5, shall be decided by the Architect sub- ject to the right of appeal to the Administrator. If the Architect fails to render a decision within thirty calendar days after receiving written notice of claim, either party may request a written decision from the Administrator. 7 .9.2 Appeal of an Architect's decision must be made directly to the Department by certified mail (copy to the Architect and Owner) within twenty-one calendar days after the date on which the party making the appeal receives the Architect 's written decision. Failure to appeal within this period will result in the Architect's decision becoming final and binding upon the Owner and the Contractor. Appeal procedures shall be in conformance with M.G.L. Chapter 30, Section 39Q which provides as follows: (a) Disputes regarding changes in and interpretations of the terms or scope of the contract and denials of or failures to act upon claims for payment for extra work or materials shall be resolved according to the following procedures, which shall constitute the exclusive method for resolving such disputes. Written notice of the matter in dispute shall be submitted promptly by the claimant to the chief executive official of the state agency which awarded the contract or his/her designee. No person or business entity having a contract with a state agency shall delay, suspend, or curtail performance under that contract as a result of any dispute subject to this section. Any disputed order, decision, or action by the agency or its authorized representative shall be fully performed or complied with pending resolution of the dispute. 4/82 SUPPLEMENTARY CONDITIONS 1-9 each Section of the Specifications and also for the entire Work. The graph shall also show the date that the Work in each Section commenced. 4.10.3 A copy of the progress schedule shall be kept in the Contractor's field office and be brought up to date each month to show the actual progress of the Work. 4 .16 COMMUNICATIONS 4.16.1 Add the following phrase to the sentence: . . . . . . . .except however a request for an appeal or notification of Work under protest must be sent to the Administrator, copy to Owner and Architect, by cer- tified mail, return receipt requested. Add the following Subparagraph: 4 .16.2 Any such communications shall be in writing, addressed to the Authority and be considered given (1) if delivered to the office of the Architect; or (2) if in a sealed, postage prepaid envelope, addressed to the Authority c/o the Architect, deposited in the United States mail; or (3) if delivered prepaid to a telegraph office for transmission to the Architect 's office. Add the following Paragraph: 4 .19 .1 The procedures , forms, and practices which will be employed on this pro- ject are generally described in a publication entitled "Construction Handbook - A Guide for State-Aided Housing," written by the Department and available through the Department, and will be explained at a pre-construction conference. ARTICLE 5 - SUBCONTRACTORS 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK Add the folowing Subparagraphs: 5.2.5 Pargraphs 5.2.1 through 5.2.4 apply to any sub-trade included in Item 1 of the Form for General Bid. 5.2.6 The award of subcontracts for any sub-trade included in Item 2 of the Form for General Bid shall be in accordance with Chapter 149, Sections 44A to 44H, M.G.L. 5.3 SUBCONTRACTURAL RELATIONS Add the following Subparagraphs: 5.3.2 Paragraph 5.3.1 applies to Subcontractors for sub-trades included in Item 1 of the Form for General Bid. 5.3.3 The Contractor and each Subcontractor for a sub-trade listed in Item 2 of the Form for General Bid shall execute a Subcontract in accordance with M.G.L. Chapter 149, Section 44F. 4/62 SUPPLEMENTARY CONDITIONS 1-8 conforms substantially, even with deviations, to the detailed requirements for the item in the said specifications". However, the Contractor and the Subcontractors are required to submit to the Architect for consideration as to its equality, a written notice con- taining the name and full particulars pertaining to any items other than the specific or specifics named or described in the Contract Documents. Such submit- tal shall in no event be made later than 120 calendar days prior to the incor- poration of the item into the Work, except in any case in which (1) the period of time specified in the Contract Documents for Substantial Completion of the Work is less than 120 calendar days or (2) the item in question is to be incor- porated in the Work prior to the expiration of 120 calendar days from the time of execution of the Contract. The aforesaid written notice shall be submitted to the Architect immediately following the execution of the Contract. Upon receipt of such written notice, the Architect shall investigate whether the item in question shall be considered equal to the item named or des- cribed in the Contract Documents. Upon conclusion of the investigation, the Architect shall, in writing, promptly advise the Contractor that the item in question is, or is not, considered the equal of the item named or described as aforesaid, and that said item may, or may not, be furnished on the Work accord- ingly. Such notice must have the concurrence of the Department to be valid. In no case may an item be furnished on the Work other than the item named or described unless the Architect shall consider the item equal to the item so named or described, as provided by law. 4.4.4 The equality of items offered as "equal" to the items named or described shall be proved to the satisfaction of the Architect at the expense of the Contractor or Subcontractor submitting the substitution. 4 .4.5 The Contractor or Subcontractor, as the case may be, shall assume full responsibility for the proper performance of any item submitted as "equal" to the specific or specifics named and assume the costs of any changes in his own Work or in the Work of other trades which may be due to such substitution. 4 .6 TAXES Add the following Subparagraph: 4 .6.2 The Owner is exempt from payment of the Commonwealth of Massachusetts Sales Tax. 4.8 ALLOWANCES Delete this Paragraph completely. 4.10 PROGRESS SCHEDULE Add the following Subparagraphs: 4.10.2 The progress schedule shall show by bar graph or critical path method, as acceptable to the Architect, in sufficient detail, clearly the interrela- tionships between the various construction operations and the percentage of completion and the dollar value on the first day of each month for the Work in 4/62 SUPPLEMENTARY CONDITIONS 1-7 ARTICLE 4 - CONTRACTOR 4.1 DEFINITION Aw, 4.1.1 Change the beginning to read: 4.1.1 The "Contractor", sometimes referred to as the "General Contractor", is the person or. . . . . . . . .. .. . 4.2 REVIEW OF CONTRACT DOCUMENTS Add the following Subparagraphs: 4.2.2 The Contractor shall compare all grades, lines, levels, and dimensions shown on the Drawings with actual site conditions, and before commencing work he shall promptly report to, and await for the reply from the Architect, any in- consistencies he may discover. The Architect shall reply within five working days . 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 4.3. 1 Insert the following sentance between the first and second sentence: To this end, he shall employ a superintendent that shall be on the site all times work is in progress. Add the following Subparagraphs: 4.3.4 The Contractor, at his own expense, shall do all engineering required for establishing grades, lines, levels, dimensions, and reference points for all trades; shall be responsible for maintaining bench marks and other survey marks; and shall replace as directed any bench marks or survey marks which have been disturbed or destroyed. 4.3.5 Unless otherwise required under the Contract Documents, or directed in writing by the Architect, all Work shall be done during regular working hours. However, if the Contractor desires to carry on the Work outside of regular working hours or on Saturdays, Sundays, or Massachusetts State holidays, he shall allow ample time to enable satisfactory arrangements to be made for inspecting Work in progress and shall bear all costs with respect thereto. The Owner shall bill the Contractor directly for such costs. 4.4 LABOR AND MATERIALS Add the following Subparagraphs. 4.4.3 Except where otherwise specifically provided to the contrary, the words "or equal" are hereby inserted immediately following the naming or describing of each article, assembly, system, or any component part thereof, in any of the Contract Documents. In accordance with Section 39M of Chapter 30 of the General Laws "an item shall be considered equal to the item so named or described if (1) it is at least equal in quality, durability, appearance, strength and design, (2) it will perform at least equally the function imposed by the general design for the public work being contracted for or the material being purchased, and (3) it 8/81 SUPPLEMENTARY CONDITIONS 1-6 (b) The general contractor must submit the amount of a claim under provision (a) to the awarding authority in writing as soon as practicable after the end of the suspension, delay, interruption of failure to act and, in any event, not later than the date of final payment under this contract and, except for costs due to a suspension order, the awarding authority shall not approve any costs in the claim incurred more than twenty days before the general contractor notifies the awarding authority in writing of the act or failure to act involved in the claim. (continue next page) 8/B1 SUPPLEMENTARY CONDITIONS 1-5 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 3.2.5 Delete in its entirety and substitute the following: A`' 3.2.5 The Owner will furnish to the Contractor, free of charge, all copies of Contract Documents reasonably necessary for the execution of the Work, including one set for record purposes. In addition, the Owner, through the Architect, will furnish to the Contractor a reproducible transparency and one black line print of details and clarification drawings issued after the Contract has been awarded. The Contractor, at his own expense, shall provide and distri- bute such number of prints of these transparencies as required for his own and his Subcontractors' use. 3.2.6 Add the following sentences: Communications shall be in writing and be considered given if delivered at the office of the Contractor; or if in a sealed, postage-prepaid envelope addressed to the Contractor's office and deposited in the United States mail; or if deli- vered prepaid to a telegraph office for transmission to the Contractor's office. Add the following Subparagraph: 3.2.8 Pursuant to Chapter 30 of the General Laws, the following Section 39 P is included herein in its entirety. Every contract subject to section thirty-nine M of this chapter or section for- tyfour A of chapter one hundred forty-nine which requires the awarding authority, any official, its architect or engineer to make a decision on interpretation of the specifications, approval of equipment, material or any other approval, or progress of the work, shall require that the decision be made promptly and, in any event, no later than thirty days after the written sub- mission for decision; but if such decision requires extended investigation and study, the awarding authority, the official, architect or engineer shall, within thirty days after the receipt of the submission, give the party making the sub- mission written notice of the reasons why the decision cannot be made within the thirty-day period and the date by which the decision will be made. 3.3 OWNER'S RIGHT TO STOP THE WORK Add the following Subparagraph: 3.3.2 Pursuant to Chapter 30 of the General Laws, the following provisions (a) and (b) of Section 39 0 are included herein in their entirety: (a) The awarding authority may order the general contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as it may determine to be appropriate for the convenience of the awarding authority; provided, however, that if there is a suspension, delay or interrup- tion for fifteen days or more or due to a failure of the awarding authority to act within the time specified in this contract, the awarding authority shall make an adjustment in the contract price for any increase in the cost of perfor- mance of this contract, but shall not include any profit to the general contrac- tor on such increase; and provided further, that the awarding authority shall ''t"' not make any adjustment in the contract price under this provision for any suspension, delays, interruption or failure to act to the extent that such is due to any cause for which this contract provides for an equitable adjustment of the contract price under any other provisions. 8/81 SUPPLEMENTARY CONDITIONS 1-4 3.1.4 The term "Construction Advisor" means the person or entity designated by the Administrator to perform certain functions in connection with the contract between the Commonwealth, acting through the Department and the Owner. The duties, responsibilities and limitation of authority of the Construction Advisor will be explained at a pre-construction meeting. 3.1.5 The Department and its authorized representatives and agents shall at all times have access to, and be permitted to observe and review all Work, mate- rials, payrolls, records of personnel, conditions of employment, invoices of materials, and other relevant data and records. 3.1.6 All communications, except for protests or disputes, of the Contractor to the Department and its representatives and agents must be forwarded through the Architect. They shall be in writing, addressed to the Department and be considered given if delivered to the office of the Architect either by hand or if in a sealed, postage prepaid envelope, addressed to the Department c/o the Architect; or if delivered prepaid to a telegraph office for transmission to the Architect's office. 3.1.7 Items requiring the Administrator's countersignature as per sub- paragraph 3.1.8 shall be valid only with the signature of the Administrator or with the signature of those designated to act in his/her stead. The Construction Advisor's signature is not sufficient on items requiring the Administrator's signature. 3.1.8 Items requiring the Administrator's countersignature to be valid shall include but not be limited to the following: (1) Approval, substitutions, and final selection of Sub-Bidders pursuant to M.G.L. Section 44F of Chapter 149. (2) Change Orders, whether or not they affect a change in the Contract Sum or in the Contract Time. (3) Written orders, notices, and approvals given by the Owner pursuant to the Contract Documents or pursuant to any Laws applicable to this Contract. (4) Stop Work order. (5) Certificate of Substantial Completion. (6) Final payment . (7) Termination of Contract. 3.1.9 In any instance needing clarification as to whose signature is required, the Contractor shall seek clarification in writing from the Architect. 3.1.10 Work undertaken by the Contractor or a Subcontractor at the Owner's or any other person's order without the Administrator's countersignature prior to the start of such work shall be considered unauthorized work and be at the Contractor's or Subcontractor's own risk. Such unauthorized work shall not be considered cause for any extra payment on account of t`.ie Contract, and the Contractor or Subcontractor shall be responsible for performing, at their own expense any corrective measures required by the Administrator. 8/81 SUPPLEMENTARY CONDITIONS 1-3 (4) "Approved," "acceptable," "satisfactory," and similar words shall mean "approved by (acceptable or satisfactory to) the Architect." (5; "Necessary," "responsible," "proper," "correct," and similar words shall mean "necessary (reasonable, proper, or correct) in the judgement of the Architect." 1.2.8 Words in the singular shall also mean and include the plural, wherever the context so indicates, and words in the plural shall mean the singular, wher- ever the context so indicates. ARTICLE 2 - ARCHITECT 2.2.8 At the end of first sentence, delete "in accordance with any time limit agreed upon" and substitute "within thirty days of request for interpretation, in accordance with Subparagraph 3.2.8 of the Supplementary Conditions." 2.2.9 Change last line to read "within thirty days." 2.2.12 Delete entire Subparagraph and substitute the following: 2.2.12 The Architect's decision shall be subject to the Contractor's right of appeal to the Administrator, as set forth in Subparagraph 7 .9 of the Supplementary Conditions. 2.2.17 Delete the last two lines and substitute the following: . . .explained by the Architect at a pre-construction meeting. 2.2.19 Delete the last four lines and substitute the following: . . .whose status under the Contract Documents shall be that of the former archi- tect. ARTICLE 3 - OWNER 3.1 DEFINITION 3.1.1 Delete in its entirety and substitute the following: 3.1 .1 The term "Owner", sometimes also referred to as the "Awarding Authority" or "Authority" means the Housing Authority identified in the Owner-Contractor Agreement, a public body, politic and corporate, organized and existing under the provisions of the Housing Authority Law of the Commonwealth of Massachusetts. No member of the Authority shall in any way, directly or indirectly be personally liable under any of the provisions of this Contract. 3.1.2 The Work under this Contract is funded by the Commonwealth of Massachusetts through its Department of Community Affairs, hereinafter called the "Department", an agency created by Chapter 260, Acts of 1948, which entered into a contract with the Owner in accordance with the Authorization contained in the "Housing Authority "Law", Chap. 121B of the General Laws as amended. Aftk. 3.1.3 The term "Administrator" means the Administrator of the Department of Community Affairs, Commonwealth of Massachusetts, 100 Cambridge Street, Boston, Massachusetts 02202. 8/81 SUPPLEMENTARY CONDITIONS 1-2 S U P P L E M E N T A R Y C O N D I T I O N S PART 1 - AMENDMENTS TO A.I.A. GENERAL CONDITIONS Articles set forth under PART 1 of the Supplementary Conditions are amendments to the corresponding Articles of the A.I.A. General Conditions, A.I.A. Doc. A 201, 1976 Edition, in the form of additions, deletions, or substitutions to the basic Articles. Any basic Article not so amended shall remain in effect. ARTICLE 1 - CONTRACT DOCUMENTS 1.1 DEFINITIONS 1.1.1 Modify the first sentence to read: 1.1.1 The Contract Documents consist of the Owner-Contractor Agreement, Advertisement, Bidding Documents, Contract Forms, Conditions of the Contract, Specifications, Drawings, and all Addenda issued . . . . .. .etc. 1.1.1 Delete the last sentence, starting with "The Contract Documents do . . . . . . .etc. ' 1.2 EXECUTION, CORRELATION AND INTENT 1.2.3 Add the following sentence: 1.2.3 In case of inconsistent requirements in the Contract Documents, the requirement for the greater quantity or higher quality shall take precedence sand shall be the Contract requirement. Add the following Subparagraphs: 1.2.5 Where used in conjunction with the Architect's or Engineer's response to submittals, requests, applications, inquiries, reports and claims by the Contractor, the meaning of the term "approved" will be held to the limitations of the Architect's responsibilities and duties as specified in the General and Supplementary Conditions. In no case will "approval" by the Architect be interpreted as an assurance to the Contractor that the requirements of the Contract Documents have been fulfilled. 1.2.6 Where reference is made to standards or trade association publications, it shall mean to refer to the latest edition and revision thereof, if any, in effect on the date of the Contract Documents. 1.2.7 Except as otherwise defined in context, the following words, terms, and phrases shall mean as follows: (1) "as shown," "as indicated," "as detailed," or "as noted" shall mean "as shown (indicated, etc.) on drawings or any other diagrammatic or written reference on the Drawings." (2) "Provide" shall mean "furnish and install, complete and ready for intended use." (3) "Directed," "required," "permitted," "ordered," "designed," "prescribed," and similar words shall mean the "direction (requirement, permission, order, designation, or prescription) of the Architect." 8/81 SUPPLEMENTARY CONDITIONS 1-1 �Prg 1-p 0, N� LP E'd rl C 00. P'7fs Of r o OV, ��7 1, pr e r. J 6 d d c O d 0 6 OZ p` Qcd r'e o qr O'd.7 �7s�r/ps Pr �d6Gc / 8176 200M RPC 12/76 200M # the Contractor does not proceed with the car- having jurisdiction, or as a result Archi- materials unavailable, through or t {ective or non-conforming Work Within such as a declaration of a ati� of such de fixed by written notice from t Contractor or a Subcontractor ;able t;me other persons perform 3vvner may remove it and may store the mate- at the expense cost of suchrremoval under r a nontract with the Contra Ictor does not pay should be stopped for a period o, within ten days thereafter, the Owner may provided in Para& Y-�ditional days' written notice for the net cats for tPa because ment as the Arc .tec a r at private sale an payment then r,rne after deducting all the casts tcompe sla Paragraphr9.7,sthen he Cont actor may, me by the Contractor, including tional days' written notice to the Owne h c pro's additional services made necessary proceeds of sale do not cover all costs te t terminate hWo Contract and recover and for tractor should have borne, the difference payment sustained upon any materials, equipment, d to the Contractor and an appropriate hall be issued. If the payments then or tion equipment machinery, inclu ii e Contractor are not S the'differencevto p TERMINATION BY THE OWNER Contractor shall pay 14.2 ,tor shall bear the cost of making good 14.2.1 If the Contractor is adjudged a bankru, ,ner or separate contractors destroyed makes a general assignment for the benefit of is appointed on account correction or removal. tors, or if a receiver solvency, or if he persistently or repeatedly r, lined in this Paragraph 13.2 shall be {ails, except in cases for wh e tensi n f work. 1 a period of limitation with respect vided, to supply enough properly prompt p, an which the Contractor might have proper materials, or if he fails to make p ers.. peocuments, including Paragraph 4.5 to Subcontractors or for materials or labor, or p terrpnt of the time period of one year disregards laws, ordinances, rules, regulations or c mentantial Completion or such longer of any public authority having jurisdiction, or of of tractotbe prescribed by law or by the is guilty of a substantial violation of a provision the timequired by the Contract Docu- Contract Documents, then the Owner, upon certificat Contract specific obligation of the Con- b the Architect that sufficient cause exists to remedy at to lrk, and has no relationship to Y . without prejudice to any right the ti, with the action, may, p i{ any, seve, rnenced to obligation to comply after giving the Contractor and his Surety, to his ob0 Te sought to be enforced, nor days' written notice, terminate the employment of the Work, g proceedings may be com- Contractor and take possession of the site and of all mate- rials, equipment, tools, construction equipment and 733 ACCEPIAn tractor's peci lialbility withre spthe the Contractor and may WORK machinery thereon owned by deem 73.3 finish the Work by whatever method e may confor If the OWXE OR NON-CONFORMING expedient. In such case the Contractor shall not be en- remov ming Work, titled to receive any further payment until the Work is Wr1l be issur?dcorrect accept defective or non- finished. where app, to ref/eo instead of requiring its be effected priate - h case a Change Order 14.2.2 If the unpaid balance of the Contract Sum exceeds ted k'hether or ron in the Contract Sum the costs of finishing the Work, including compensation Such adjustment shall for the Architect's additional services made necessary ARlyment has been made. thereby, such excess shall be paid to the tlContractor.ntractor TERMS - such costs exceed the unpaid balance, NA"" shall a the difference to the Owner. The amount to be 14.7. TERMINAr1O y y �' pay 74, N By paid to the Contractor or to the Owner, as the case and 7 if the Work is ENE C(ONTRACT be, shall be certified by the Architect, upon application, er an order Of any Coud'rC of thirty days tion manner of the Cod public authority Contract. A/q pCUq A)O ` E AL 7976 CONDITIONS THE AMERICAN E OF TIE CONTRACT FOR CONSTRUCTION•THIRTEENTH EDITION • AUGUST 1976 OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C- — 13.2.5 If the Contractor does not proceed with the cor- having jurisdiction, or as a result of an act of government, rection of such defective or non-conforming Work within such as a declaration of a national emergency making a reasonable time fixed by written notice from the Archi- materials unavailable, through no act or fault of the tect, the Owner may remove it and may store the mate- Contractor or a Subcontractor or their agents or employ- rials or equipment at the expense of the Contractor. If ees or any other persons performing any of the Work the Contractor does not pay the cost of such removal under a contract with the Contractor, or if the Work and storage within ten days thereafter, the Owner may should be stopped for a period of thirty days by the upon ten additional days' written notice sell such Work Contractor because the Architect has not issued a Certifi- at auction or at private sale and shall account for the net cate for Payment as provided in Paragraph 9.7 or because proceeds thereof, after deducting all the costs that should the Owner has not made payment thereon as provided in have been borne by the Contractor, including compensa- Paragraph 9.7, then the Contractor may, upon seven addi- tion for the Architect's additional services made necessary tional days' written notice to the Owner and the Archi- thereby. If such proceeds of sale do not cover all costs tect, terminate the Contract and recover from the Owner which the Contractor should have borne, the difference payment for all Work executed and for any proven loss shall be charged to the Contractor and an appropriate sustained upon any materials, equipment, tools, construc- Change Order shall be issued. If the payments then or tion equipment and machinery, including reasonable thereafter due the Contractor are not sufficient to cover profit and damages. such amount, the Contractor shall pay the difference to the Owner. 14.2 TERMINATION BY THE OWNER 13.2.6 The Contractor shall bear the cost of making good 14.2.1 If the Contractor is adjudged a bankrupt, or if he all work of the Owner or separate contractors destroyed makes a general assignment for the benefit of his credi- or damaged by such correction or removal. tors, or if a receiver is appointed on account of his in- 13.2.7 Nothing contained in this Paragraph 13.2 shall be solvency, or if he persistently or repeatedly refuses or construed to establish a period of limitation with respect fails, except in cases for which extension of time is pro- to any other obligation which the Contractor might have vided, to supply enough properly skilled workmen or under the Contract Documents, including Paragraph 4.5 proper materials, or if he fails to make prompt payment hereof. The establishment of the time period of one year to Subcontractors or for materials or labor, or persistently after the Date of Substantial Completion or such longer disregards laws, ordinances, rules, regulations or orders period of time as may be prescribed by law or by the of any public authority having jurisdiction, or otherwise terms of any warranty required by the Contract Docu- is guilty of a substantial violation of a provision of the ments relates only to the specific obligation of the Con- Contract Documents, then the Owner, upon certification tractor to correct the Work, and has no relationship to by the Architect that sufficient cause exists to justify such the time within which his obligation to comply with the action, may, without prejudice to any right or remedy and Contract Documents may be sought to be enforced, nor after giving the Contractor and his surety, if any, seven to the time within which proceedings may be com- days' written notice, terminate the employment of the menced to establish the Contractor's liability with respect Contractor and take possession of the site and of all mate- to his obligations other than specifically to correct the rials, equipment, tools, construction equipment and Work. machinery thereon owned by the Contractor and may 13.3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING finish the Work by whatever method he may deem WORK expedient. In such case the Contractor shall not be en- titled to receive any further payment until the Work is 13.3.1 If the Owner prefers to accept defective or non- finished. conforming Work, he may do so instead of requiring its removal and correction, in which case a Change Order 14.2.2 If the unpaid balance of the Contract Sum exceeds will be issued to reflect a reduction in the Contract Sum the costs of finishing the Work, including compensation where appropriate and equitable. Such adjustment shall for the Architect's additional services made necessary be effected whether or not final payment has been made. thereby, such excess shall be paid to the Contractor. If ARTICLE 14 such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be TERMINATION OF THE CONTRACT paid to the Contractor or to the Owner, as the case may 14.1 TERMINATION BY THE CONTRACTOR be, shall be certified by the Architect, upon application, in the manner provided in Paragraph 9.4, and this obliga- 14.1.1 If the Work is stopped for a period of thirty days tion for payment shall survive the termination of the under an order of any court or other public authority Contract. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIA® • © 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 19 Decisions of the Architect . .... .2.2.9 through 2.2.12, 6.3, 7.7.2, 4.12.6,4.17,4.18.3,6.2.2, 7.6.2,9.4.2, 7.9.1, 8.3.1,9.2, 9.4, 9.6.1, 9.8.1, 12.1.4, 12.3.1, 14.2.1 9.9.4, 9.9.5, 10.2-5, 11.1.2, 11.3.6 Defective or Non-Conforming Work, Acceptance, Rejection Limitations of Time, General .....2.2.8, 2.2.14, 3.2.4, 4.2, 4.7.3, and Correction of ....2.2.3, 2.2.13, 3.3, 3.4, 4.5, 6.2.2, 6.2.3, 4.12.4,4.15, 5.2.1,5.2.3, 7.4,7.7, 8.2,9.5.2,9.6, 9.6.1.1,9.9.4.2,13 9.8,9.9, 11.3.4,12.1.4, 12.4, 13.2.1, 13.2.2, 13.2.5 Definitions .... ....1.1, 2.1, 3.1, 4.1, 4.12.1 through 4.12.3, 5.1, Limitations of Time, Specific . ... .......2.2.8, 2.2.12, 3.2.1, 3.4, 6.1.2, 8.1, 9.1.1, 12.1.1, 12.1.4 4.10, 5.3,6.22, 7.9.2, 8.2,8.3.2,8.3.3,9.2,9.3.1,9.4.1,9.5.1, Delays and Extensions of Time ... . .... .... ... ....... ....8.3 9.7, 11.1.4, 11.3.1, 11.3.8, 11.3.9,12.2,12.3,13.2.2, Disputes . . . ... ..... ......2.2.9, 2.2.12, 2.2.19, 6.2.5, 6.3, 7.9.1 13.2.5, 13.2.7, 14.1, 14.2.1 Documents and Samples at the Site ... . ... .. . ... . .......4.11 Limitations, Statutes of ...................7.9.2, 13.2.2, 13.2.7 Drawings and Specifications, Use and Loss of Use Insurance ... ..............................11.4 Ownership of .... ... ... ... .........1.1.1, 1.3, 3.2.5, 5.3 Materials, Labor, Equipment and ......1.1.3, 4.4, 4.5, 4.12, 4.13, Emergencies ... .... .......... .... ....................10.3 4.15.1, 62.1, 9.3.2, 9.3.3, 11.3.1, 13.2.2, 13.2.5, 14 Employees, Contractor's .....4.3.2, 4.4.2, 4.8.1, 4.9, 4.18, 10.2.1 Materials Suppliers .......................4.12.1, 5.2.1, 9.3.3 through 10.2.4, 10.2.6, 10.3, 11.1.1 Means, Methods, Techniques, Sequences and Equipment, Labor, Materials and . ...1.1.3, 4.4, 4.5, 4.12, 4.13, Procedures of Construction .............2.2.4, 4.3.1, 9.4.2 4.15.1, 6.2.1, 9.3.2, 9.3.3, 11.3, 13.2.2, 13.2.5, 14 Minor Changes in the Work . ...............1.1.1, 2.2.15, 12.4 Execution and Progress of the Work ....1.1.3, 1.2.3, 2.2.3, 2.2.4, MISCELLANEOUS PROVISIONS ...........................7 2.2.8, 4.2, 4.4.1, 4.5, 6.2.2, 7.93, 8.2, Modifications, Definition of ...........................1.1.1 8.3, 9.6.1, 10.2.3, 10.2.4, 14.2 Modifications to the Contract ........1.1.1, 1.1.2, 2.2.2, 2.2.18, Execution, Correlation and Intent of the 4.7.3, 7.9.3, 12 Contract Documents . ... ....... ..............1.2, 4.7.1 Mutual Responsibility ... . ..............................6.2 Extensions of Time ................ ................8.3, 12.1 Non-Conforming Work, Acceptance of Defective or .....13.3.1 Failure of Payment by Owner ... . ....... ...........9.7,14.1 Notice, Written .... ......2.2.8, 2.2.12, 3.4, 4.2, 4.7.3, 4.7.4, 4.9, Failure of Payment of Subcontractors ..9.5.2,9.6.1.3,9.9.2,14.2.1 4.12.6,4.12.7,417, 5.21, 7.3, 7.4, 7.7, 7.9.2,8.1.2,8.3.2, Final Completion and Final Payment ..2.2.12, 2.2.16, 9.9, 13.3.1 8.3.3,9.4.1,9.6.1, 9.7,9.9.1, 9.9.5, 10.2.6,11.1.4, 11.3.1, Financial Arrangements, Owner's ......................3.2.1 11.3.4,11.3.5,11.3.7,11.3.8, 12.2, 12.3, 13.2.2,13.2.5, 14 Fire and Extended Coverage Insurance ..... ...........11.3.1 Notices, Permits, Fees and ........................4.7,10.2.2 Governing Law ... ... ... ... . ............... ...........7.1 Notice of Testing and Inspections .......................7.7 Guarantees (See Warranty Notice to Proceed ............... ... .................8.1.2 and Warranties) ........2.2.16,4.5,9.3.3,9.8.1,9.9.4,13.2.2 Observations, Architect's On-Site . ... ....2.2.3,7.7.1,7.7.4,9.4.2 Indemnification ... ..... . . . ..... .......4.17, 4.18, 6.2.5, 9.9.2 Observations, Contractor's . ............... ..1.2.2,4.2.1,4.7.3 Identification of Contract Documents ........... .......1.2.1 Occupancy ..............................8.1.3,9.5.5,11.3.9 Identification of Subcontractors and Suppliers ...........5.2.1 On-Site Inspections by the Architect ........2.2.3,2.2.16,9.4.2, Information and 9.8.1,9.9.1 Services Required of the Owner ........3.2,6,9,11.2,11.3 On-Site Observations by the Architect .......2.2.3,2.2.6,2.2.17, Inspections . ... .. .... .....2.2.13, 2.2.16, 4.3.3, 7.7, 9.8.1, 9.9.1 7.7.1,7.7.4,9.4.2,9.6.1,9.9.1 Instructions to Bidders .... ...... ........... ... .. ..1.1.1,7.5 Orders, Written ....... ............3.3,4.9,12.1.4,12.4.1,13.1 Instructions to the OWNER .. ............. .... ................. ...........3 Contractor . ........ .2.2.2, 3.2.6, 4.81, 7.7.2, 12.1.2, 12.1.4 Owner, Definition of ....................... ........ ...3.1 INSURANCE . .9.8.1, 11 Owner, Information and Services Required of the ..3.2, 6.1.3, Insurance, Contractor's Liability .... ... .................11.1 6.2,9,11.2,11.3 Insurance, Loss of Use .. ........................ ... ...11.4 Owner's Authority ........... . .2.2.16, 4.8.1, 7.7.2, 9.3.1, 9.3.2, Insurance, Owner's Liability . .... ......................11.2 9.8.1, 11.3.8, 12.1.2, 12.1.4 Insurance, Property ....... ......... ... ................11.3 Owner's Financial Capability ...........................3.2.1 Insurance, Stored Materials .....................9.3.2,11.3.1 Owner's Liability Insurance .. ..........................11.2 Insurance Companies, Consent to Partial Occupancy ....11.3.9 Owner's Relationship with Subcontractors ..........1.1.2,9.5.4 Insurance Companies, Settlement With . .... ... ........11.3.8 Owner's Right to Carry Out the Work .... ..........3.4, 13.2.4 Intent of Owner's Right to Clean Up .......................4.15.2, 6.3 the Contract Documents ...1.2.3,2.2.10,2.2.13,2.2.14,12.4 Owner's Right to Perform Work and to Award Interest .. ..... .. . ... ... ........ ......................7.8 Separate Contracts .... .............................6.1 Interpretations, Written .........1.1.1, 2.2.7, 2.2.8, 2.2.10, 12.4 Owner's Right to Terminate the Contract ................14.2 Labor and Materials, Equipment ....1.1.3, 4.4, 4.5, 4.12, 4.13, Owner's Right to Stop the Work .........................3.3 4.15.1,6.2.1,9.3.2, 9.3.3,11.3, 13.2.2, 13.2.5,14 Ownership and Use of Documents ........1.1.1,1.3,3.2.5,5.2.3 Labor and Material Payment Bond ......................7.5 Patching of Work, Cutting and ....................4.14,6.2.2 Labor Disputes .......... . ........ ...................8.3.1 Patents, Royalties and .... ...........................4.17.1 Laws and Regulations ..... ........ .1.3, 2.1., 4.6, 4.7, 4.13, 7.1, Payment Bond, Labor and Material .......................7.5 Aek- 7.7, 10.2.2, 14 Payment, Applications for ............2.2.6, 9.2, 9.3, 9.4, 9.5.3, Liens ...... .... ....................... ..9.3.3, 9.9.2, 9.9.4.1 9.6.1, 9.8.2,9.9.1, 9.9.3,14.2.2 Limitations of Authority .....2.2.2, 2.2.17, 2.2.18, 11.3.8, 12.4.1 Payment, Certificates for ...............2.2.6, 2.2.16, 9.4, 9.5.1, Limitations of Liability ......2.2.10, 2.2.13, 2.2.14, 3.3, 4.2, 4.7.3, 9.5.5, 9.6.1,9.7.1,9.8.2,9.9.1,9.9.3,12.1.4, 14.2.2 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIAO • O 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 173; NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 3 Payment, Failure of ................9.5.2,9.6.1.3,9.7,9.9.2,14 SUBCONTRACTORS .....................................5 Payment, Final ......................2.2.12,2.2.16,9.9,13.3.1 Subcontractors, Definition of ............................5.1 Payments, Progress ..........7.8,7.9.3,9.5.5,9.8.2,9.9.3,12.1.4 Subcontractors, Work by ...............1.2.4,2.2.4,4.3.1,4.3.2 PAYMENTS AND COMPLETION ...........................9 Subcontractual Relations ...............................5.3 Payments to Subcontractors .................9.5.2, 9.5.3, 9.5.4, Submittals ....................1.3, 4.10, 4.12, 5.2.1, 5.2.3, 9.2, 9.6.1.3, 11.3.3, 14.2.1 9.3.1,9.8.1,9.9.2, 9.9.3 Payments Withheld ............... .....................9.6 Subrogation, Waiver of ..............................11.3.6 Performance Bond and Labor and Material Payment Bond ..7.5 Substantial Completion ......2.2.16,8.1.1,8.1.3,8.2.2,9.8,13.2.2 Permits, Fees and Notices .....................3.2.3,4.7,4.13 Substantial Completion, Definition of ...................8.1.3 PERSONS AND PROPERTY, PROTECTION OF ..............10 Substitution of Subcontractors ....................5.2.3,5.2.4 Product Data, Definition of ...........................4.12.2 Substitution of the Architect ..........................2.2.19 Product Data, Shop Drawings, Samples and ...2.2.14,4.2.1,4.12 Substitutions of Materials .........................4.5,12.1.4 Progress and Completion ....................2.2.3,7.9.3,8.2 Sub-subcontractors, Definition of .......................5.1.2 Progress Payments ...........7.8,7.9.3,9.5.5,9.8.2,9.9.3,12.1.4 Subsurface Conditions ...............................12.2.1 Progress Schedule ....................................4.10 Successors and Assigns ................................7.2 Project, Definition of .................................1.1.4 Supervision and Construction Procedures .1.2.4,2.2.4,4.3,4.4,10 Project Representative . ..............................2.2.17 Superintendent, Contractor's ......................4.9,10.2.6 Property Insurance ...................................11.3 Surety, Consent of ..............................9.9.2,9.9.3 PROTECTION OF PERSONS AND PROPERTY ..............10 Surveys .......................................3.2.2,4.18.3 Regulations and Laws ...1.3,2.1.1,4.6,4.7,4.13,7.1,10.2.2,14 Taxes ................................................4.6 Rejection of Work ........................2.2.13,4.5.1,13.2 Termination by the Contractor .........................14.1 Releases of Waivers and Liens ....................9.9.2,9.9.4 Termination by the Owner ............................14.2 Representations .............1.2.2,4.5,4.12.5,9.4.2,9.6.1,9.9.1 Termination of the Architect .........................2.2.19 Representatives ............................2.1, 2.2.2, 2.2.17, TERMINATION OF THE CONTRACT ......................14 2.2.18, 3.1,4.1,4.9, 5.1, 9.3.3 Tests .................................2.2.13,4.3.3,7.7,9.4.2 Responsibility for Those Performing the Work .....2.2.4,4.3.2, Time ..................................................8 6.1.3,6.2,9.8.1 Time, Definition of ....................................8.1 Retainage .......................9.3.1,9.5.2,9.8.2,9.9.2,9.9.3 Time, Delays and Extensions of ...........8.3, 12.1, 12.3, 13.2.7 Review of Contract Documents Time Limits, Specific ..................2.2.8, 2.2.12, 3.2.1, 3.4, by the Contractor .................. ......1.2.2,4.2,4.7.3 4.10,5.3,6.2.2, 7.9.2, 8.2,8.3.2,8.3.3,9.2,9.3.1, Reviews of Contractor's Submittals by 9.4.1,9.5.1,9.7,11.1.4,11.3.1,11.3.8,11.3.9, Owner and Architect .....2.2.14,4.10,4.12,5.2.1,5.2.3,9.2 12.2, 12.3,13.2.2, 13.2.5,13.2.7,14.1,14.2.1 Rights and Remedies ......1.1.2,2.2.12,2.2.13,3.3,3.4,5.3,6.1, Title to Work ...................................9.3.2,9.3.3 6.3, 7.6,7.9,8.3.1,9.6.1,9.7,10.3,12.1.2,12.2,13.2.2,14 UNCOVERING AND CORRECTION OF WORK .............13 Royalties and Patents .................................4.17 Uncovering of Work ..................................13.1 Safety of Persons and Property .........................10.2 Unforseen Conditions .......... ...................8.3,12.2 Safety Precautions and Programs ..................2.2.4,10.1 Unit Prices ...................................12.1.3,12.1.5 Samples, Definition of ...............................4.12.3 Use of Documents .......................1.1.1,1.3,3.2.5,5.3 Samples, Shop Drawings, Product Data and .....2.2.14,4.2,4.12 Use of Site .....................................4.13,6.2.1 Samples at the Site, Documents and ....................4.11 Values, Schedule of ....................................9.2 Schedule of Values ....................................9.2 Waiver of Claims by the Contractor ....7.6.2,8.3.2,9.9.5,11.3.6 Schedule, Progress .... ...............................4.10 Waiver of Claims by the Owner ......7.6.2,9.9.4,11.3.6,11.4.1 Separate Contracts and Contractors ..4.14.2,6,11.3.6,13.1.2 Waiver of Liens ......................................9.9.2 Shop Drawings, Definition of .........................4.12.1 Warranty and Warranties ....2.2.16,4.5,9.3.3,9.8.1,9.9.4, 13.2.2 Shop Drawings, Product Data and Samples ... 2.2.14,4.2,4.12 Weather Delays ......................................8.3.1 Site, Use of .. ......4.13,6.2.1 Work, Definition of ..................................1.1.3 Site Visits, Architect's ............. ..2.2.3, 2.2.5, 2.2.6, 2.2.17, Work by Owner or by Separate Contractors ................6 7.7.1, 7.7.4,9.4.2, 9.6.1,9.9.1 Written Consent ......2.2.18,4.14.2,7.2,7.6.2,9.8.1,9.9.3,9.9.4 Site Inspections ..1.2.2,2.2.3,2.2.16,7.7,9.8.1,9.9.1 Written Interpretations ...............1.1.1,1.2.4,2.2.8,12.3.2 Special Inspection and Testing . ...................2.2.13,7.7 Written Notice .....2.2.8,2.2.12,3.4,4.2,4.7.3,4.7.4,4.9,4.12.6, Specifications ...............................1.1.1,1.2.4,1.3 4.12.7, 4.17, 5.2.1, 7.3, 7.4, 7.7, 7.9.2, 8.1.2, 8.3.2, 8.3.3, Statutes of Limitations ....................7.9.2, 13.2.2, 13.2.7 9.4.1, 9.6.1, 9.7, 9.9.1, 9.9.5, 10.2.6, 11.1.4, 11.3.1, 11.3.4, Stopping the Work ......................3.3,9.7.1,10.3,14.1 11.3.5, 11.3.7, 11.3.8, 12.2, 12.3, 13.2.2, 13.2.5, 14 Stored Materials ............6.2.1,9.3.2,10.2.1.2,11.3.1,13.2.5 Written Orders ...................3.3,4.9,12.1.4,12.4.1,13.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 4 A201-1976 AIA® • © 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 mr•. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION i ARTICLE 1 1.2.2 By executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the CONTRACT DOCUMENTS local conditions under which the Work is to be per- 1.1 DEFINITIONS formed, and correlated his observations with the require- ments of the Contract Documents. 1.1.1 THE CONTRACT DOCUMENTS 1.2.3 The intent of the Contract Documents is to include The Contract Documents consist of the Owner-Contrac- all items necessary for the proper execution and comple- tor Agreement, the Conditions of the Contract (General, tion of the Work. The Contract Documents are compie- Supplementary and other Conditions), the Drawings, the mentary, and what is required by any one shall be as Specifications, and all Addenda issued prior to and all binding as if required by all. Work not covered in the Con- Modifications issued after execution of the Contract. A tract Documents will not be required unless it is consistent Modification is (1) a written amendment to the Contract therewith and is reasonably inferable therefrom as being signed by both parties, (2) a Change Order, (3) a written necessary to produce the intended results. Words and ab- interpretation issued by the Architect pursuant to Sub- breviations which have well-known technical or trade paragraph 2.2.8, or (4) a written order for a minor change meanings are used in the Contract Documents in accord- in the Work issued by the Architect pursuant to Paragraph ance with such recognized meanings. 12.4. The Contract Documents do not include Bidding Documents such as the Advertisement or Invitation to 1.2.4 The organization of the Specifications into divisions, Bid, the Instructions to Bidders, sample forms, the Con- sections and articles, and the arrangement of Drawings tractor's Bid or portions of Addenda relating to any of shall not control the Contractor in dividing the Work these, or any other documents, unless specifically enu- among Subcontractors or in establishing the extent of merated in the Owner-Contractor Agreement. Work to be performed by any trade. 1,1,2 THE CONTRACT 1.3 OWNERSHIP AND USE OF DOCUMENTS The Contract Documents form the Contract for Construc- 1.3.1 All Drawings, Specifications and copies thereof tion. This Contract represents the entire and integrated furnished by the Architect are and shall remain his prop- agreement between the parties hereto and supersedes all erty. They are to be used only with respect to this Project prior negotiations, representations, or agreements, either and are not to be used on any other project. With the written or oral. The Contract may be amended or modified exception of one contract set for each party to the Con- only by a Modification as defined in Subparagraph 1.1.1. tract, such documents are to be returned or suitably The Contract Documents shall not be construed to create accounted for to the Architect on request at the comple- any contractual relationship of any kind between the Ar- tion of the Work. Submission or distribution to meet offi- chitect and the Contractor, but the Architect shall be cial regulatory requirements or for other purposes in entitled to performance of obligations intended for his connection with the Project is not to be construed as benefit, and to enforcement thereof. Nothing contained publication in derogation of the Architect's common law in the Contract Documents shall create any contractual copyright or other reserved rights. relationship between the Owner or the Architect and any ARTICLE 2 Subcontractor or Sub-subcontractor. 1,1,3 THE WORK ARCHITECT The Work comprises the completed construction required 2.1 DEFINITION by the Contract Documents and includes all labor neces- sary to produce such construction, and all materials and 2.1.1 The Architect is the person lawfully licensed to equipment incorporated or to be incorporated in such practice architecture, or an entity lawfully practicing construction. architecture identified as such in the Owner-Contractor 1.1.4 THE PROJECT Agreement, and is referred to throughout the Contract Documents as if singular in number and masculine in The Project is the total construction of which the Work gender. The term Architect means the Architect or his performed under the Contract Documents may be the authorized representative. whole or a part. 1.2 EXECUTION, CORRELATION AND INTENT 2.2 ADMINISTRATION OF THE CONTRACT 1.2.1 The Contract Documents shall be signed in not less 2.2.1 The Architect will provide administration of the Contract as hereinafter described. than triplicate by the Owner and Contractor. If either the Owner or the Contractor or both do not sign the Condi- 2.2.2 The Architect will be the Owner's representative tions of the Contract, Drawings, Specifications, or any of during construction and until final payment is due. The the other Contract Documents, the Architect shall iden- Architect will advise and consult with the Owner. The tify such Documents. Owner's instructions to the Contractor shall be forwarded AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIAO • © 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 5 through the Architect. The Architect will have authority show partiality to either, and will not be liable for the to act on behalf of the Owner only to the extent provided result of any interpretation or decision rendered in good in the Contract Documents, unless otherwise modified faith in such capacity. by written instrument in accordance with Subparagraph 2 2,11 The Architect's decisions in matters relating to 2.2.18. artistic effect will be final if consistent with the intent of 2.2.3 The Architect will visit the site at intervals appro- the Contract Documents. priate to the stage of construction to familiarize himself 2,2,12 Any claim, dispute or other matter in question generally with the progress and quality of the Work and between the Contractor and the Owner referred to the to determine in general if the Work is proceeding in ac- Architect, except those relating to artistic effect as pro- cordance with the Contract Documents. However, the vided in Subparagraph 2.2.11 and except those which have Architect will not be required to make exhaustive or con- been waived by the making or acceptance of final pay- tinuous on-site inspections to check the quality or quan- ment as provided in Subparagraphs 9.9.4 and 9.9.5, shall tity of the Work. On the basis of his on-site observations be subject to arbitration upon the written demand of ei- as an architect, he will keep the Owner informed of the ther party. However, no demand for arbitration of any such progress of the Work, and will endeavor to guard the claim, dispute or other matter may be made until the Owner against defects and deficiencies in the Work of the earlier of (1) the date on which the Architect has rendered Contractor. a written decision, or (2) the tenth day after the parties 2.2.4 The Architect will not be responsible for and will have presented their evidence to the Architect or have not have control or charge of construction means, meth- been given a reasonable opportunity to do so, if the ods, techniques, sequences or procedures, or for safety Architect has not rendered his written decision by that precautions and programs in connection with the Work, date. When such a written decision of the Architect states and he will not be responsible for the Contractor's failure (1) that the decision is final but subject to appeal, and to carry out the Work in accordance with the Contract (2) that any demand for arbitration of a claim, dispute or Documents. The Architect will not be responsible for or other matter covered by such decision must be made have control or charge over the acts or omissions of the within thirty days after the date on which the party mak- Contractor, Subcontractors, or any of their agents or em- ing the demand receives the written decision, failure to ployees, or any other persons performing any of the demand arbitration within said thirty days' period will re- Work. sult in the Architect's decision becoming final and binding upon the Owner and the Contractor. If the Architect 2.2.5 The Architect shall at all times have access to the renders a decision after arbitration proceedings have been Work wherever it is in preparation and progress. The initiated, such decision may be entered as evidence but Contractor shall provide facilities for such access so the will not supersede any arbitration proceedings unless the Architect may perform his functions under the Contract decision is acceptable to all parties concerned. Documents. 2.2.13 The Architect will have authority to reject Work 2.2.6 Based on the Architect's observations and an evalu- which does not conform to the Contract Documents. ation of the Contractor's Applications for Payment, the Whenever, in his opinion, he considers it necessary or Architect will determine the amounts owing to the Con- advisable for the implementation of the intent of the tractor and will issue Certificates for Payment in such Contract Documents, he will have authority to require amounts, as provided in Paragraph 9.4. special inspection or testing of the Work in accordance 2.2.7 The Architect will be the interpreter of the require- With Subparagraph 7.7.2 whether or not such Work be ments of the Contract Documents and the judge of the then fabricated, installed or completed. However, neither performance thereunder by both the Owner and Con- the Architect's authority to act under this Subparagraph tractor. 2.2.13, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give 2.2.8 The Architect will render interpretations necessary rise to any duty or responsibility of the Architect to the for the proper execution or progress of the Work, with Contractor, any Subcontractor, any of their agents or reasonable promptness and in accordance with any time employees, or any other person performing any of the limit agreed upon. Either party to the Contract may make Work. written request to the Architect for such interpretations. 2.2.14 The Architect will review and approve or take 2.2.9 Claims, disputes and other matters in question be- other appropriate action upon Contractor's submittals tween the Contractor and the Owner relating to the exe- such as Shop Drawings, Product Data and Samples, but cution or progress of the Work or the interpretation of the only for conformance with the design concept of the Contract Documents shall be referred initially to the Work and with the information given in the Contract Architect for decision which he will render in writing Documents. Such action shall be taken with reasonable within a reasonable time. promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of 2.2.10 All interpretations and decisions of the Architect shall be consistent with the intent of and reasonably in- ferable from the Contract Documents and will be in writ- 2.2.15 The Architect will prepare Change Orders in ac- ing or in the form of drawings. In his capacity as inter- cordance with Article 12, and will have authority to order preter and judge, he will endeavor to secure faithful per- minor changes in the Work as provided in Subparagraph formance by both the Owner and the Contractor, will not 12.4.1. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 6 A201-1976 AIA(�) • © 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 2.2.16 The Architect will conduct inspections to deter- 3.2.5 Unless otherwise provided in the Contract Docu- mine the dates of Substantial Completion and final com- ments, the Contractor will be furnished, free of charge, pletion, will receive and forward to the Owner for the all copies of Drawings and Specifications reasonably nec- Owner's review written warranties and related documents essary for the execution of the Work. required by the Contract and assembled by the Contrac- tor, and will issue a final Certificate for Payment upon 3.2.6 The Owner shall forward all instructions to the compliance with the requirements of Paragraph 9.9. Contractor through the Architect. 2.2.17 If the Owner and Architect agree, the Architect 3.2.7 The foregoing are in addition to other duties and will provide one or more Project Representatives to responsibilities of the Owner enumerated herein and assist the Architect in carrying out his responsibilities at especially those in respect to Work by Owner or by the site. The duties, responsibilities and limitations of Separate Contractors, Payments and Completion, and In- authority of any such Project Representative shall be as surance in Articles 6, 9 and 11 respectively. set forth in an exhibit to be incorporated in the Contract 3.3 OWNER'S RIGHT TO STOP THE WORK Documents. 3.3.1 If the Contractor fails to correct defective Work as 2.2.18 The duties, responsibilities and limitations of au- required by Paragraph 13.2 or persistently fails to carry thority of the Architect as the Owner's representative dur- out the Work in accordance with the Contract Docu- ing construction as set forth in the Contract Documents ments, the Owner, by a written order signed personally will not be modified or extended without written con- or by an agent specifically so empowered by the Owner sent of the Owner, the Contractor and the Architect. in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has 2.2.19 In case of the termination of the employment of been eliminated- however, this right of the Owner to the Architect, the Owner shall appoint an architect stop the Work shall not give rise to any duty on the part against whom the Contractor makes no reasonable objet- of the Owner to exercise this right for the benefit of the tion whose status under the Contract Documents shall be Contractor or any other person or entity, except to the that of the former architect. Any dispute in connection extent required by Subparagraph 6.1.3. with such appointment shall be subject to arbitration. 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK ARTICLE 3 3.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents OWNER and fails within seven days after receipt of written notice from the Owner to commence and continue correction 3.1 DEFINITION of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the 3.1.1 The Owner is the person or entity identified as such Contractor of an additional written notice and without in the Owner-Contractor Agreement and is referred to prejudice to any other remedy he may have, make good throughout the Contract Documents as if singular in num- Such deficiencies. In such case an appropriate Change ber and masculine in gender. The term Owner means the Order shall be issued deducting from the payments then Owner or his authorized representative. or thereafter due the Contractor the cost of correcting 3.2 INFORMATION AND SERVICES REQUIRED such deficiencies, including compensation for the Archi- OF THE OWNER tect's additional services made necessary by such default, neglect or failure. Such action by the Owner and the 3.2.1 The Owner shall, at the request of the Contractor, amount charged to the Contractor are both subject to the at the time of execution of the Owner-Contractor Agree approval of the Architect. If the payments then or ment, furnish to the Contractor reasonable evidence that thereafter due the Contractor are not sufficient to cover he has made financial arrangements to fulfill his obliga- such amount, the Contractor shall pay the difference to tions under the Contract. Unless such reasonable evi- the Owner. dente is furnished, the Contractor is not required to execute the Owner-Contractor Agreement or to com- ARTICLE 4 mence the Work. 3.2.2 The Owner shall furnish all surveys describing the CONTRACTOR physical characteristics, legal limitations and utility Iota- 4.1 DEFINITION tions for the site of the Project, and a legal description of the site. 4.1.1 The Contractor is the person or entity identified as such in the Owner-Contractor Agreement and is referred 3.2.3 Except as provided in Subparagraph 4.7.1, the to throughout the Contract Documents as if singular in Owner shall secure and pay for necessary approvals, ease- numher and masculine in gender. The term Contractor ments, assessments and charges required for the construc- means the Contractor or his authorized representative. tion, use or occupancy of permanent structures or for per- 4.2 REVIEW OF CONTRACT DOCUMENTS manent changes in existing facilities. 4.2.1 The Contractor shall carefully study and compare 3.2.4 Information or services under the Owner's control the Contract Documents and shall at once report to the shall be furnished by the Owner with reasonable prompt- Architect any error, inconsistency or omission he may dis- ness to avoid delay in the orderly progress of the Work. cover. The Contractor shall not be liable to the Owner or AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIAn • '0 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 7 the Architect for any damage resulting from any such fees, licenses and inspections necessary for the proper errors, inconsistencies or omissions in the Contract Docu- execution and completion of the Work which are custom- ments. The Contractor shall perform no portion of the arily secured after execution of the Contract and which Work at any time without Contract Documents or, where are legally required at the time the bids are received. required, approved Shop Drawings, Product Data or 4.7.2 The Contractor shall give all notices and comply Samples for such portion of the Work. with all laws, ordinances, rules, regulations and lawful or- 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES ders of any public authority bearing on the performance 4.3.1 The Contractor shall supervise and direct the Work, of the Work. using his best skill and attention. He shall be solely re- 4.7.3 It is not the responsibility of the Contractor to sponsible for all construction means, methods, tech- make certain that the Contract Documents are in accord- niques, sequences and procedures and for coordinating ance with applicable laws, statutes, building codes and all portions of the Work under the Contract. regulations. If the Contractor observes that any of the 4.3.2 The Contractor shall be responsible to the Owner Contract Documents are at variance therewith in any re- for the acts and omissions of his employees, Subcontrac- spect, he shall promptly notify the Architect in writing, tors and their agents and employees, and other persons and any necessary changes shall be accomplished by ap- performing any of the Work under a contract with the propriate Modification. Contractor. 4.7.4 If the Contractor performs any Work knowing it to 4.3.3 The Contractor shall not be relieved from his obli- be contrary to such laws, ordinances, rules and regula- gations to perform the Work in accordance with the tions, and without such notice to the Architect, he shall Contract Documents either by the activities or duties of assume full responsibility therefor and shall bear all costs the Architect in his administration of the Contract, or by attributable thereto. inspections, tests or approvals required or performed un- 4.8 ALLOWANCES der Paragraph 7.7 by persons other than the Contractor. 4.8.1 The Contractor shall include in the Contract Sum 4.4 LABOR AND MATERIALS all allowances stated in the Contract Documents. Items 4.4.1 Unless otherwise provided in the Contract Docu- covered by these allowances shall be supplied for such ments, the Contractor shall provide and pay for all labor, amounts and by such persons as the Owner may direct, materials, equipment, tools, construction equipment and but the Contractor will not be required to employ persons machinery, water, heat, utilities, transportation, and other against whom he makes a reasonable objection. facilities and services necessary for the proper execution 4.8.2 Unless otherwise provided in the Contract Docu- and completion of the Work, whether temporary or per- ments: manent and whether or not incorporated or to be incor- .1 these allowances shall cover the cost to the Con- porated in the Work. tractor, less any applicable trade discount, of the 4.4.2 The Contractor shall at all times enforce strict dis- materials and equipment required by the allowance cipline and good order among his employees and shall not delivered at the site, and all applicable taxes; employ on the Work any unfit person or anyone not .2 the Contractor's costs for unloading and handling skilled in the task assigned to him. on the site, labor, installation costs, overhead, prof- it and other expenses contemplated for the original 4.5 WARRANTY allowance shall be included in the Contract Sum and 4.5.1 The Contractor warrants to the Owner and the not in the allowance; Architect that all materials and equipment furnished .3 whenever the cost is more than or less than the under this Contract will be new unless otherwise speci- allowance, the Contract Sum shall be adjusted ac- fied, and that all Work will be of good quality, free from cordingly by Change Order, the amount of which faults and defects and in conformance with the Contract will recognize changes, if any, in handling costs on Documents. All Work not conforming to these require- the site, labor, installation costs, overhead, profit ments, including substitutions not properly approved and and other expenses. authorized, may be considered defective. If required by 4.9 SUPERINTENDENT the Architect, the Contractor shall furnish satisfactory evi- dence as to the kind and quality of materials and equip- 4.9.1 The Contractor shall employ a competent superin- ment. This warranty is not limited by the provisions of tendent and necessary assistants who shall be in attend- Paragraph 13.2. ance at the Project site during the progress of the Work. The superintendent shall represent the Contractor and all 4.6 TAXES communications given to the superintendent shall be as 4.6.1 The Contractor shall pay all sales, consumer, use binding as if given to the Contractor. Important commu- and other similar taxes for the Work or portions thereof nications shall be confirmed in writing. Other communi- provided by the Contractor which are legally enacted at cations shall be so confirmed on written request in each the time bids are received, whether or not yet effective. case. 4,7 PERMITS, FEES AND NOTICES 4.10 PROGRESS SCHEDULE 4.7.1 Unless otherwise provided in the Contract Docu- 4.10.1 The Contractor, immediately after being awarded ments, the Contractor shall secure and pay for the build- the Contract, shall prepare and submit for the Owner's ing permit and for all other permits and governmental and Architect's information an estimated progress sched- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEFNTH EDITION • AUGUST 1976 8 A201-1976 AWA • © "1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 AOW ule for the Work. The progress schedule shall be related portions of the Work shall be in accordance with ap- to the entire Project to the extent required by the Con- proved submittals. tract Documents, and shall provide for expeditious and 4.13 USE OF SITE practicable execution of the Work. 4.13.1 The Contractor shall confine operations at the site 4.11 DOCUMENTS AND SAMPLES AT THE SITE to areas permitted b law, ordinances p y , permits and the 4.11.1 The Contractor shall maintain at the site for the Contract Documents and shall not unreasonably encum- Owner one record copy of all Drawings, Specifications, ber the site with any materials or equipment. Addenda, Change Orders and other Modifications, in 414 CUTTING AND PATCHING OF WORK good order and marked currently to record all changes made during construction, and approved Shop Drawings, 4.14.1 The Contractor shall be responsible for all cutting, Product Data and Samples. These shall be available to fitting or patching that may be required to complete the the Architect and shall be delivered to him for the Owner Work or to make its several parts fit together properly. upon completion of the Work. 4.14.2 The Contractor shall not damage or endanger any 4.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES portion of the Work or the work of the Owner or any 4.12.1 Shop Drawings are drawings, diagrams, schedules separate contractors by cutting, patching or otherwise and other data specially prepared for the Work by the altering any work, or by excavation. The Contractor shall Contractor or any Subcontractor, manufacturer, supplier not cut or otherwise alter the work of the Owner or any or distributor to illustrate some portion of the Work. separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor 4.12.2 Product Data are illustrations, standard schedules, shall not unreasonably withhold from the Owner or any performance charts, instructions, brochures, diagrams and separate contractor his consent to cutting or otherwise other information furnished by the Contractor to illustrate altering the Work. a material, product or system for some portion of the Work. 4.15 CLEANING UP 4.15.1 The Contractor at all times shall keep the premises 4.12.3 Samples are physical examples which illustrate free from accumulation of waste materials or rubbish materials, equipment or workmanship and establish caused by his operations. At the completion of the Work standards by which the Work will be judged. he shall remove all his waste materials and rubbish from 4.12.4 The Contractor shall review, approve and submit, and about the Project as well as all his tools, construc- with reasonable promptness and in such sequence as to tion equipment, machinery and surplus materials. cause no delay in the Work or in the work of the Owner 4.15.2 If the Contractor fails to clean up at the comple- or any separate contractor, all Shop Drawings, Product tion of the Work, the Owner may do so as provided in Data and Samples required by the Contract Documents. Paragraph 3.4 and the cost thereof shall be charged to the 4.12.5 By approving and submitting Shop Drawings, Contractor. Product Data and Samples, the Contractor represents that 4.16 COMMUNICATIONS he has determined and verified all materials, field meas- 4.16.1 The Contractor shall forward all communications urements, and field construction criteria related thereto, to the Owner through the Architect. or will do so, and that he has checked and coordinated the information contained within such submittals with 4.17 ROYALTIES AND PATENTS the requirements of the Work and of the Contract Docu- 4.17.1 The Contractor shall pay all royalties and license ments. fees. He shall defend all suits or claims for infringement 4.12.6 The Contractor shall not be relieved of responsi- of any patent rights and shall save the Owner harmless bility for any deviation from the requirements of the from loss on account thereof, except that the Owner shall Contract Documents by the Architect's approval of Shop be responsible for all such loss when a particular design, Drawings, Product Data or Samples under Subparagraph process or the product of a particular manufacturer or 2.2.14 unless the Contractor has specifically informed the manufacturers is specified, but if the Contractor has rea- Architect in writing Of such deviation at the time of sub- son to believe that the design, process or product speci- mission and the Architect has given written approval to fied is an infringement of a patent, he shall be responsible the specific deviation. The Contractor shall not be relieved for such loss unless he promptly gives such information to the Architect. from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Architect's 4.18 INDEMNIFICATION approval thereof. 4.18.1 To the fullest extent permitted by law, the Con- 4.12.7 The Contractor shall direct specific attention, in tractor shall indemnify and hold harmless the Owner and writing or on resubmitted Shop Drawings, Product Data the Architect and their agents and employees from and or Samples, to revisions other than those requested by against all claims, damages, losses and expenses, including the Architect on previous submittals. but not limited to attorneys' fees, arising out of or result- ing from the performance of the Work, provided that 4.12.8 No portion of the Work requiring submission of a any such claim, damage, loss or expense (1) is attributable Shop Drawing, Product Data or Sample shall be com- to bodily injury, sickness, disease or death, or to injury menced until the submittal has been approved by the to or destruction of tangible property (other than the Architect as provided in Subparagraph 2.2.14. All such Work itself) including the loss of use resulting therefrom, AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIA-"" • i and (2) is caused in whole or in part by any negligent act such proposed person or entity. Failure of the Owner or or omission of the Contractor, any Subcontractor, anyone Architect to reply promptly shall constitute notice of no directly or indirectly employed by any of them or anyone reasonable objection. for whose acts any of them may be liable, regardless of 5.2.2 The Contractor shall not contract with any such whether or not it is caused in part by a party indemnified proposed person or entity to whom the Owner or the hereunder. Such obligation shall not be construed to ne- Architect has made reasonable objection under the provi- gate, abridge, or otherwise reduce any other right or obli- sions of Subparagraph 5.2.1. The Contractor shall not be gation of indemnity which would otherwise exist as to any required to contract with anyone to whom he has a rea- party or person described in this Paragraph 4.18. sonable objection. 4.18.2 In any and all claims against the Owner or the 5.2.3 If the Owner or the Architect has reasonable objec- Architect or any of their agents or employees by any tion to any such proposed person or entity, the Contrac- employee of the Contractor, any Subcontractor, anyone for shall submit a substitute to whom the Owner or the directly or indirectly employed by any of them or anyone Architect has no reasonable objection, and the Contract for whose acts any of them may be liable, the indemnifi- Sum shall be increased or decreased by the difference in cation obligation under this Paragraph 4.18 shall not be cost occasioned by such substitution and an appropriate limited in any way by any limitation on the amount or Change Order shall be issued; however, no increase in type of damages, compensation or benefits payable by or the Contract Sum shall be allowed for any such substitu- for the Contractor or any Subcontractor under workers' tion unless the Contractor has acted promptly and re- or workmen's compensation acts, disability benefit acts or sponsively in submitting names as required by Subpara- other employee benefit acts. graph 5.2.1. 4.18.3 The obligations of the Contractor under this Para- 5.2.4 The Contractor shall make no substitution for any graph 4.18 shall not extend to the liability of the Archi- Subcontractor, person or entity previously selected if the tect, his agents or employees, arising out of (1) the prepa- Owner or Architect makes reasonable objection to such ration or approval of maps, drawings, opinions, reports, substitution. surveys, change orders, designs or specifications, or (2) 5.3 SUBCONTRACTUAL RELATIONS the giving of or the failure to give directions or instruc- tions by the Architect, his agents or employees provided 5.3.1 By an appropriate agreement, written where legally such giving or failure to give is the primary cause of the required for validity, the Contractor shall require each injury or damage. Subcontractor, to the extent of the Work to be per- ARTICLE 5 formed by the Subcontractor, to be bound to the Con- tractor by the terms of the Contract Documents, and to as- SUBCONTRACTORS sume toward the Contractor all the obligations and re- sponsibilities which the Contractor, by these Documents, 5.1 DEFINITION assumes toward the Owner and the Architect. Said agree- 5.1.1 A Subcontractor is a person or entity who has a di- ment shall preserve and protect the rights of the Owner rect contract with the Contractor to perform any of the and the Architect under the Contract Documents with re- Work at the site. The term Subcontractor is referred to spect to the Work to be performed by the Subcontractor throughout the Contract Documents as if singular in num- so that the subcontracting thereof will not prejudice such ber and masculine in gender and means a Subcontractor rights, and shall allow to the Subcontractor, unless specifi- or his authorized representative. The term Subcontractor cally provided otherwise in the Contractor-Subcontractor does not include any separate contractor or his subcon- agreement, the benefit of all rights, remedies and redress tractors. against the Contractor that the Contractor, by these Docu- 5.1.2 A Sub-subcontractor is a person Or entity who has a ments, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into direct or indirect contract with a Subcontractor to per similar agreements with his Sub-subcontractors. The Con- form any of the Work at the site. The term Sub-subcon- tractor shall make available to each proposed Subcon- tractor is referred to throughout the Contract Documents tractor, prior to the execution of the Subcontract, copies as if singular in number and masculine in gender and of the Contract Documents to which the Subcontractor means a Sub-subcontractor or an authorized representa- will be bound by this Paragraph 5.3, and identify to the tive thereof. Subcontractor any terms and conditions of the proposed 5,2 AWARD OF SUBCONTRACTS AND OTHER Subcontract which may be at variance with the Contract CONTRACTS FOR PORTIONS OF THE WORK Documents. Each Subcontractor shall similarly make cop- 5.2.1 Unless otherwise required by the Contract Docu- ies of such Documents available to his Sub-subcontractors ments or the Bidding Documents, the Contractor, as soon ARTICLE 6 as practicable after the award of the Contract, shall fur- nish to-the Owner and the Architect in writing the names WORK BY OWNER OR BY of the persons or entities (including those who are to fur- SEPARATE CONTRACTORS nish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work. 6.1 OWNER'S RIGHT TO PERFORM WORK AND The Architect will promptly reply to the Contractor in TO AWARD SEPARATE CONTRACTS writing stating whether or not the Owner or the Architect, 6.1.1 The Owner reserves the right to perform work re- after due investigation, has reasonable objection to any lated to the Project with his own forces, and to award AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 10 A201-1976 AIA® • © 1976 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 oomk separate contracts in connection with other portions of and charge the cost thereof to the contractors responsible the Project or other work on the site under these or similar therefor as the Architect shall determine to be just. Conditions of the Contract. If the Contractor claims that delay or additional cost is involved because of such ARTICLE 7 action by the Owner, he shall make such claim as pro vided elsewhere in the Contract Documents. 6.1.2 When separate contracts are awarded for different MISCELLANEOUS PROVISIONS portions of the Project or other work on the site, the term 7.1 GOVERNING LAW Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- 7.1.1 The Contract shall be governed by the law of the Contractor Agreement. place where the Project is located. 6.1.3 The Owner will provide for the coordination of the 7.2 SUCCESSORS AND ASSIGNS work of his own forces and of each separate contractor 7.2.1 The Owner and the Contractor each binds himself, with the Work of the Contractor, who shall cooperate his partners, successors, assigns and legal representatives therewith as provided in Paragraph 6.2. to the other party hereto and to the partners, successors, 6.2 MUTUAL RESPONSIBILITY assigns and legal representatives of such other party with re- spect to all covenants, agreements and obligations con- 6.2.1 The Contractor shall afford the Owner and separate tained in the Contract Documents. Neither party to the contractors reasonable opportunity for the introduction Contract shall assign the Contract or sublet it as a whole and storage of their materials and equipment and the without the written consent of the other, nor shall the execution of their work, and shall connect and coordinate Contractor assign any moneys due or to become due to his Work with theirs as required by the Contract Docu- him hereunder, without the previous written consent of ments. the Owner. 6.2.2 If any part of the Contractor's Work depends for 7.3 WRITTEN NOTICE proper execution or results upon the work of the Owner 7,3.1 Written notice shall be deemed to have been duly or any separate contractor, the Contractor shall, prior to served if delivered in person to the individual or member proceeding with the Work, promptly report to the Archi- of the firm or entity or to an officer of the corporation for tect any apparent discrepancies or defects in such other Whom it was intended, or if delivered at or sent by regis- work that render it unsuitable for such proper execution tered or certified mail to the last business address known and results. Failure of the Contractor so to report shall to him who gives the notice. constitute an acceptance of the Owner's or separate con- tractors' work as fit and proper to receive his Work, ex- 7.4 CLAIMS FOR DAMAGES cept as to defects which may subsequently become appar- 7,4.1 Should either party to the Contract suffer injury or rent in such work by others. damage to person or property because of any act or omis- 6.2.3 Any costs caused by defective or ill-timed work sion of the other party or of any of his employees, agents shall be borne by the party responsible therefor. or others for whose acts he is legally liable, claim shall be made in writing to such other party within a reasonable 6.2.4 Should the Contractor wrongfully cause damage to time after the first observance of such injury or damage. the work or property of the Owner, or to other work on 7.5 PERFORMANCE BOND AND LABOR AND the site, the Contractor shall promptly remedy such dam- MATERIAL PAYMENT BOND age as provided in Subparagraph 10.2.5. 7.5.1 The Owner shall have the right to require the Con- 6.2.5 Should the Contractor wrongfully cause damage to tractor to furnish bonds covering the faithful performance the work or property of any separate contractor, the Con- of the Contract and the payment of all obligations arising tractor shall upon due notice promptly attempt to settle thereunder if and as required in the Bidding Documents with such other contractor by agreement, or otherwise to or in the Contract Documents. resolve the dispute. If such separate contractor sues or initiates an arbitration proceeding against the Owner on 7.6 RIGHTS AND REMEDIES account of any damage alleged to have been caused by 7,6.1 The duties and obligations imposed by the Contract the Contractor, the Owner shall notify the Contractor Documents and the rights and remedies available there- who shall defend such proceedings at the Owner's ex- under shall be in addition to and not a limitation of any pense, and if any judgment or award against the Owner duties, obligations, rights and remedies otherwise im- arises therefrom the Contractor shall pay or satisfy it and posed or available by law. shall reimburse the Owner for all attorneys' fees and court or arbitration costs which the Owner has incurred. 7.6.2 No action or failure to act by the Owner, Architect 6.3 OWNER'S RIGHT TO CLEAN UP or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any 6.3.1 If a dispute arises between the Contractor and sepa- such action or failure to act constitute an approval of or rate contractors as to their responsibility for cleaning up acquiescence in any breach thereunder, except as may be as required by Paragraph 4.15, the Owner may clean up specifically agreed in writing. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIA® • © 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 11 7.7 TESTS required if complete relief is to be accorded in the arbi- 7.7.1 If the Contract Documents, laws, ordinances, rules, tration. No person other than the Owner or Contractor regulations or orders of any public authority having juris- shall be included as an original third party or additional diction require any portion of the Work to be inspected, third party to an arbitration whose interest or responsi- tested or approved, the Contractor shall give the Architect bility is insubstantial. Any consent to arbitration involving timely notice of its readiness so the Architect may observe an additional person or persons shall not constitute con- such inspection, testing or approval. The Contractor shall sent to arbitration of any dispute not described therein or bear all costs of such inspections, tests or approvals con- with any person not named or described therein. The ducted by public authorities. Unless otherwise provided, foregoing agreement to arbitrate and any other agreement the Owner shall bear all costs of other inspections, tests to arbitrate with an additional person or persons duly or approvals. consented to by the parties to the Owner-Contractor Agreement shall be specifically enforceable under the 7.7.2 If the Architect determines that any Work requires prevailing arbitration law. The award rendered by the special inspection, testing, or approval which Subpara- arbitrators shall be final, and judgment may be entered graph 7.7.1 does not include, he will, upon written au- upon it in accordance with applicable law in any court thorization from the Owner, instruct the Contractor to having jurisdiction thereof. order such special inspection, testing or approval, and the Contractor shall give notice as provided in Subparagraph 7.9.2 Notice of the demand for arbitration shall be filed 7.7.1. If such special inspection or testing reveals a failure in writing with the other party to the Owner-Contractor of the Work to comply with the requirements of the Con- Agreement and with the American Arbitration Associa- tract Documents, the Contractor shall bear all costs there- tion, and a copy shall be filed with the Architect. The of, including compensation for the Architect's additional demand for arbitration shall be made within the time services made necessary by such failure; otherwise the limits specified in Subparagraph 2.2.12 where applicable, Owner shall bear such costs, and an appropriate Change and in all other cases within a reasonable time after the Order shall be issued. claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institu- 7.7.3 Required certificates of inspection, testing or ap- tion of legal or equitable proceedings based on such proval shall be secured by the Contractor and promptly claim, dispute or other matter in question would be delivered by him to the Architect. barred by the applicable statute of limitations. 7.7.4 If the Architect is to observe the inspections, tests 7.9.3 Unless otherwise agreed in writing, the Contractor or approvals required by the Contract Documents, he will shall carry on the Work and maintain its progress during do so promptly and, where practicable, at the source of any arbitration proceedings, and the Owner shall con- supply. tinue to make payments to the Contractor in accordance 7.8 INTEREST with the Contract Documents. 7.8.1 Payments due and unpaid under the Contract ARTICLE 8 Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing TIME or, in the absence thereof, at the legal rate prevailing at 8.1 DEFINITIONS the place of the Project. the 8.1.1 Unless otherwise provided, the Contract Time is the period of time allotted in the Contract Documents for 7.9.1 All claims, disputes and other matters in question Substantial Completion of the Work as defined in Sub- between the Contractor and the Owner arising out of, or paragraph 8.1.3, including authorized adjustments thereto. relating to, the Contract Documents or the Breach there- of, except as provided in Subparagraph 2.2.11 with re- 8.1.2 The date of commencement of the Work is the date spect to the Architect's decisions on matters relating to established in a notice to proceed. If there is no notice to artistic effect, and except for claims which have been proceed, it shall be the date of the Owner-Contractor waived by the making or acceptance of final payment as Agreement or such other date as may be established provided by Subparagraphs 9.9.4 and 9.9.5, shall be de- therein. tided by arbitration in accordance with the Construction 8,1.3 The Date of Substantial Completion of the Work or Industry Arbitration Rules of the American Arbitration designated portion thereof is the Date certified by the Association then obtaining unless the parties mutually Architect when construction is sufficiently complete, in agree otherwise. No arbitration arising out of or relating accordance with the Contract Documents, so the Owner to the Contract Documents shall include, by consolida- can occupy or utilize the Work or designated portion tion, joinder or in any other manner, the Architect, his thereof for the use for which it is intended. employees or consultants except by written consent con- taining a specific reference to the Owner-Contractor 8.1.4 The term day as used in the Contract Documents Agreement and signed by the Architect, the Owner, the shall mean calendar day unless otherwise specifically Contractor and any other person sought to be joined. No designated. arbitration shall include by consolidation, joinder or in any other manner, parties other than the Owner, the 8.2 PROGRESS AND COMPLETION Contractor and any other persons substantially involved 8.2.1 All time limits stated in the Contract Documents are in a common question of fact or law, whose presence is of the essence of the Contract. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 12 A201-1976 AIAN) • © 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8.2.2 The Contractor shall begin the Work on the date of by such data substantiating the Contractor's right to pay- commencement as defined in Subparagraph 8.1.2. He ment as the Owner or the Architect may require, and re- shall carry the Work forward expeditiously with adequate fleeting retainage, if any, as provided elsewhere in the forces and shall achieve Substantial Completion within Contract Documents. the Contract Time. 9.3.2 Unless otherwise provided in the Contract Docu- 8.3 DELAYS AND EXTENSIONS OF TIME ments, payments will be made on account of materials or 8.3.1 If the Contractor is delayed at any time in the prog- equipment not incorporated in the Work but delivered ress of the Work by any act or neglect of the Owner or and suitably stored at the site and, if approved in ad- the Architect, or by any employee of either, or by any vance by the Owner, payments may similarly be made separate contractor employed by the Owner, or by for materials or equipment suitably stored at some other changes ordered in the Work, or by labor disputes, fire, location agreed upon in writing. Payments for materials unusual delay in transportation, adverse weather condi- or equipment stored on or off the site shall be con- tions not reasonably anticipatable, unavoidable casualties, ditioned upon submission by the Contractor of bills of or any causes beyond the Contractor's control, or by de- sale or such other procedures satisfactory to the Owner lay authorized by the Owner pending arbitration, or by to establish the Owner's title to such materials or equip- any other cause which the Architect determines may ment or otherwise protect the Owner's interest, including justify the delay, then the Contract Time shall be ex- applicable insurance and transportation to the site for tended by Change Order for such reasonable time as the those materials and equipment stored off the site. Architect may determine. 9.3.3 The Contractor warrants that title to all Work, 8.3.2 Any claim for extension of time shall be made in materials and equipment covered by an Application for writing to the Architect not more than twenty days after Payment will pass to the Owner either by incorporation in the commencement of the delay; otherwise it shall be the construction or upon the receipt of payment by the waived. In the case of a continuing delay only one claim Contractor, whichever occurs first, free and clear of all is necessary. The Contractor shall provide an estimate of liens, claims, security interests or encumbrances, herein- the probable effect of such delay on the progress of the after referred to in this Article 9 as "liens"; and that no Work. Work, materials or equipment covered by an Application 8.3.3 If no agreement is made stating the dates upon for Payment will have been acquired by the Contractor, which interpretations as provided in Subparagraph 2.2.8 or by any other person performing Work at the site or shall be furnished, then no claim for delay shall pr al- furnishing materials and equipment for the Project, sub- lowed to an agreement under which an interest therein or lowed on account of failure to furnish such intereta- an encumbrance thereon is retained by the seller or other- them,until fifteen days after written request made for wise imposed by the Contractor or such other person. the em, and not then unless such claim is reasonable. 8.3.4 This Paragraph 8.3 does not exclude the recovery 9.4 CERTIFICATES FOR PAYMENT of damages for delay by either party under other provi- 9.4.1 The Architect will, within seven days after the re- sions of the Contract Documents. ceipt of the Contractor's Application for Payment, either issue a Certificate for Payment to the Owner, with a ARTICLE 9 copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor in PAYMENTS AND COMPLETION writing his reasons for withholding a Certificate as pro- 9,1 CONTRACT SUM vided in Subparagraph 9.6.1. 9.1.1 The Contract Sum is stated in the Owner-Contractor 9.4.2 The issuance of a Certificate for Payment will con- Agreement and, including authorized adjustments thereto, stitute a representation by the Architect to the Owner, is the total amount payable by the Owner to the Contrac- based on his observations at the site as provided in Sub- tor for the performance of the Work under the Contract paragraph 2.2.3 and the data comprising the Application Documents. for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, information 9.2 SCHEDULE OF VALUES and belief, the quality of the Work is in accordance with 9.2.1 Before the first Application for Payment, the Con- the Contract Documents (subject to an evaluation of the tractor shall submit to the Architect a schedule of values Work for conformance with the Contract Documents allocated to the various portions of the Work, prepared in upon Substantial Completion, to the results of any subse- such form and supported by such data to substantiate its quent tests required by or performed under the Contract accuracy as the Architect may require. This schedule, un- Documents, to minor deviations from the Contract Docu- less objected to by the Architect, shall be used only as a ments correctable prior to completion, and to any specific basis for the Contractor's Applications for Payment. qualifications stated in his Certificate); and that the Con- tractor is entitled to payment in the amount certified. 9,3 APPLICATIONS FOR PAYMENT However, by issuing a Certificate for Payment, the Archi- Ask 9.3.1 At least ten days before the date for each progress tect shall not thereby be deemed to represent that he has payment established in the Owner-Contractor Agreement, made exhaustive or continuous on-site inspections to the Contractor shall submit to the Architect an itemized check the quality or quantity of the Work or that he has Application for Payment, notarized if required, supported reviewed the construction means, methods, techniques, AIA DOCUMENT A201 • GENCRAI CONDITIONS UE THE CONTRA( E IOR. (()NSrRUCTION • THIRTEENTH EDErION • AUGUSr 1976 AIA,I) • C> 1976 • THE AMERICAN INSr111,JrE 01 ARCHITI( ;s, vas NEW 1ORK AVENUE, N.w., wnsHINGTON, D.C. 20006 A201-1976 13 sequences or procedures, or that he has made any exam- .4 reasonable evidence that the Work cannot be com- ination to ascertain how or for what purpose the Contrac- pleted for the unpaid balance of the Contract Sum, for has used the moneys previously paid on account of .5 damage to the Owner or another contractor, the Contract Sum. .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, or 9,5 PROGRESS PAYMENTS .7 persistent failure to carry out the Work in accord- 9.5.1 After the Architect has issued a Certificate for Pay- ante with the Contract Documents. ment, the Owner shall make payment in the manner and 9 When the time provided in the Contract Documents. .6.2 hen the above grounds in Subparagraph 9.6.1 are removed, payment shall be made for amounts withheld 9.5.2 The Contractor shall promptly pay each Subcon- because of them. tractor, upon receipt of payment from the Owner, out of 9.7 FAILURE OF PAYMENT the amount paid to the Contractor on account of such 9 Subcontractor's Work, the amount to which said Subcon .7.1 If the Architect does not issue a Certificate for tractor is entitled, reflecting the percentage actually re- Payment, through no fault of the Contractor, within seven tained, if any, from payments to the Contractor on ac- days after receipt of the Contractor's Application for Pay- count of such Subcontractor's Work. The Contractor shall, ment, or if the Owner does not pay the Contractor within by an appropriate agreement with each Subcontractor, re- seven days after the date established in the Contract quire each Subcontractor to make payments to his Sub- Documents any amount certified by the Architect or subcontractors in similar manner. awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and 9.5.3 The Architect may, on request and at his discretion, the Architect, stop the Work until payment of the amount furnish to any Subcontractor, if practicable, information owing has been received. The Contract Sum shall be in- regarding the percentages of completion or the amounts creased by the amount of the Contractor's reasonable applied for by the Contractor and the action taken there- costs of shut-down, delay and start-up, which shall be ef- on by the Architect on account of Work done by such fected by appropriate Change Order in accordance with Subcontractor. Paragraph 12.3. 9.5.4 Neither the Owner nor the Architect shall have any 9.8 SUBSTANTIAL COMPLETION obligation to pay or to see to the payment of any moneys 9.8.1 When the Contractor considers that the Work, or to any Subcontractor except as may otherwise be required a designated portion thereof which is acceptable to the by lave. Owner, is substantially complete as defined in Subpara- graph 8.1.3, the Contractor shall prepare for submission 9.5.5 No Certificate for a progress payment, nor any to the Architect a list of items to be completed or cor- progress payment, nor any partial or entire use or occu- rected. The failure to include any items on such list does panty of the Project by the Owner, shall constitute an not alter the responsibility of the Contractor to complete acceptance of any Work not in accordance with the Con- all Work in accordance with the Contract Documents. tract Documents. When the Architect on the basis of an inspection deter- 9,6 PAYMENTS WITHHELD, mines that the Work or designated portion thereof is sub- stantially complete, he will then prepare a Certificate of 9.6.1 The Architect may decline to certify payment and Substantial Completion which shall establish the Date of may withhold his Certificate in whole or in part, to the Substantial Completion, shall state the responsibilities of extent necessary reasonably to protect the Owner, if in the Owner and the Contractor for security, maintenance, his opinion he is unable to make representations to the heat, utilities, damage to the Work, and insurance, and Owner as provided in Subparagraph 9.4.2. If the Architect shall fix the time within which the Contractor shall com- is unable to make representations to the Owner as pro- plete the items listed therein. Warranties required by the vided in Subparagraph 9.4.2 and to certify payment in the Contract Documents shall commence on the Date of Sub- amount of the Application, he will notify the Contractor stantial Completion of the Work or designated portion as provided in Subparagraph 9.4.1. If the Contractor and thereof unless otherwise provided in the Certificate of the Architect cannot agree on a revised amount, the Substantial Completion. The Certificate of Substantial Architect will promptly issue a Certificate for Payment Completion shall be submitted to the Owner and the for the amount for which he is able to make such rep- Contractor for their written acceptance of the responsi- resentations to the Owner. The Architect may also decline bilities assigned to them in such Certificate. to certify payment or, because of subsequently discov- ered evidence or subsequent observations, he may nullify 9.8.2 Upon Substantial Completion of the Work or desig- Ihe whole or any part of any Certificate for Payment nated portion thereof and upon application by the Con- previously issued, to such extent as may be necessary in tractor and certification by the Architect, the Owner shall his opinion to protect the Owner from loss because of: make payment, reflecting adjustment in retainage, if any, .1 defective Work not remedied, for such Work or portion thereof, as provided in the Con- .2 third party claims filed or reasonable evidence indi- tract Documents. cating probable filing Of such claims, 9.9 FINAL COMPLETION AND FINAL PAYMENT "M% .3 failure of the Contractor to make payments prop- 9.9.1 Upon receipt of written notice that the Work is erly to Subcontractors or for labor, materials or ready for final inspection and acceptance and upon re- equipment, ceipt of a final Application for Payment, the Architect will AIA DOCUMENT A201 • GENERAL CONDIIIONS OF TIIE CONTRACT[OR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 14 A201-1976 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 AVW promptly make such inspection and, when he finds the 9.9.5 The acceptance of final payment shall constitute a Work acceptable under the Contract Documents and the waiver of all claims by the Contractor except those previ- Contract fully performed, he will promptly issue a final ously made in writing and identified by the Contractor Certificate for Payment stating that to the best of his as unsettled at the time of the final Application for Pay- knowledge, information and belief, and on the basis of ment. his observations and inspections, the Work has been com- ARTICLE 10 pleted in accordance with the terms and conditions of the Contract Documents and that the entire balance found to PROTECTION OF PERSONS AND PROPERTY be due the Contractor, and noted in said final Certificate, 10.1 SAFETY PRECAUTIONS AND PROGRAMS is due and payable. The Architect's final Certificate for Payment will constitute a further representation that the 10.1.1 The Contractor shall be responsible for initiating, conditions precedent to the Contractor's being entitled to maintaining and supervising all safety precautions and final payment as set forth in Subparagraph 9.9.2 have been programs in connection with the Work. fulfilled. 10.2 SAFETY OF PERSONS AND PROPERTY 9.9.2 Neither the final payment nor the remaining re- 10.2.1 The Contractor shall take all reasonable precau- tained percentage shall become due until the Contractor tions for the safety of, and shall provide all reasonable submits to the Architect (1) an affidavit that all payrolls, protection to prevent damage, injury or loss to: bills for materials and equipment, and other indebtedness .1 all employees on the Work and all other persons connected with the Work for which the Owner or his who may be affected thereby; property might in any way be responsible, have been paid 2 all the Work and all materials and equipment to or otherwise satisfied, (2) consent of surety, if any, to final storage on or be incorporated therein, whether in st payment and (3), if required by the Owner, other data off the site, under the care, custody t control of establishing payment or satisfaction of all such obliga- the Contractor or any of his Subcontractors or tions, such as receipts, releases and waivers of liens aris- Sub-subcontractors; and ing out of the Contract, to the extent and in such form 3 other property at the site or adjacent thereto, in- as may be designated by the Owner. If any Subcontractor cluding trees, shrubs, lawns, walks, pavements, refuses to furnish a release or waiver required by the roadways, structures and utilities not designated for Owner, the Contractor may furnish a bond satisfactory to removal, relocation or replacement in the course the Owner to indemnify him against any such lien. If re re construction. any such lien remains unsatisfied after all payments are of made, the Contractor shall refund to the Owner all mon- 10.2.2 The Contractor shall .give all notices and comply eys that the latter may be compelled to pay in discharging with all applicable laws, ordinances, rules, regulations and such lien, including all costs and reasonable attorneys' lawful orders of any public authority bearing on the safety fees. of persons or property or their protection from damage, 9.9.3 If, after Substantial Completion of the Work, final injury or loss. completion thereof is materially delayed through no fault 10.2.3 The Contractor shall erect and maintain, as re- of the Contractor or by the issuance of Change Orders quired by existing conditions and progress of the Work, affecting final completion, and the Architect so confirms, all reasonable safeguards for safety and protection, in- the Owner shall, upon application by the Contractor and cluding posting danger signs and other warnings against certification by the Architect, and without terminating hazards, promulgating safety regulations and notifying the Contract, make payment of the balance due for that owners and users of adjacent utilities. portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or cor- 10.2.4 When the use or storage of explosives or other rected is less than the retainage stipulated in the Contract hazardous materials or equipment is necessary for the Documents, and if bonds have been furnished as provided execution of the Work, the Contractor shall exercise the in Paragraph 7.5, the written consent of the surety to the utmost care and shall carry on such activities under the payment of the balance due for that portion of the Work supervision of properly qualified personnel. fully completed and accepted shall be submitted by the 10.2.5 The Contractor shall promptly remedy all damage Contractor to the Architect prior to certification of such or loss (other than damage or loss insured under Para- and conditions governing final payment, except that it payment. Such payment shall be made under the terms graph 11.3) to any property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in art b the Contractor, shall not constitute a waiver of claims. p Y any Subcontractor, any Sub-subcontractor, or anyone di- 9.9.4 The making of final payment shall constitute a rectly or indirectly employed by any of them, or by any- waiver of all claims by the Owner except those arising one for whose acts any of them may be liable and for from: which the Contractor is responsible under Clauses 10.2.1.2 .1 unsettled liens, and 10.2.1.3, except damage or loss attributable to the .2 faulty or defective Work appearing after Substantial acts or omissions of the Owner or Architect or anyone Completion, directly or indirectly employed by either of them, or by oft .3 failure of the Work to comply with the require- anyone for whose acts either of them may be liable, and ments of the Contract Documents, or not attributable to the fault or negligence of the Contrac- .4 terms of any special warranties required by the tor. The foregoing obligations of the Contractor are in Contract Documents. addition to his obligations under Paragraph 4.18. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIA9 • © 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 15 10.2.6 The Contractor shall designate a responsible mem- coverages afforded under the policies will not be can- ber of his organization at the site whose duty shall be the celled until at least thirty days' prior written notice has prevention of accidents. This person shall be the Contrac- been given to the Owner. tor's superintendent unless otherwise designated by the 11.2 OWNER'S LIABILITY INSURANCE Contractor in writing to the Owner and the Architect. 11.2.1 The Owner shall be responsible for purchasing 10.2.7 The Contractor shall not load or permit any part and maintaining his own liability insurance and, at his of the Work to be loaded so as to endanger its safety. option, may purchase and maintain such insurance as 10.3 EMERGENCIES will protect him against claims which may arise from 10.3.1 In any emergency affecting the safety of persons operations under the Contract. or property, the Contractor shall act, at his discretion, to 11.3 PROPERTY INSURANCE prevent threatened damage, injury or loss. Any additional 11.3.1 Unless otherwise provided, the Owner shall pur- compensation or extension of time claimed by the Con- chase and maintain property insurance upon the entire tractor on account of emergency work shall be deter- Work at the site to the full insurable value thereof. This mined as provided in Article 12 for Changes in the Work. insurance shall include the interests of the Owner, the ARTICLE 11 Contractor, Subcontractors and Sub-subcontractors in the Work and shall insure against the perils of fire and ex- tended coverage and shall include "all risk" insurance for INSURANCE physical loss or damage including, without duplication of 11.1 CONTRACTOR'S LIABILITY INSURANCE coverage, theft, vandalism and malicious mischief. If the Owner does not intend to purchase such insurance for 11.1.1 The Contractor shall purchase and maintain such the full insurable value of the entire Work, he shall in- insurance as will protect him from claims set forth below form the Contractor in writing prior to commencement which may arise out of or result from the Contractor's of the Work. The Contractor may then effect insurance operations under the Contract, whether such operations which will protect the interests of himself, his Subcontrac- be by himself or by any Subcontractor or by anyone di- tors and the Sub-subcontractors in the Work, and by ap- rectly or indirectly employed by any of them, or by any- propriate Change Order the cost thereof shall be charged one for whose acts any of them may be liable: to the Owner. If the Contractor is damaged by failure of .1 claims under workers' or workmen's compensation, the Owner to purchase or maintain such insurance and to disability benefit and other similar employee bene- so notify the Contractor, then the Owner shall bear all fit acts; reasonable costs properly attributable thereto. If not cov- ered under the all risk insurance or otherwise provided claims or sickness e disease, or death of his in the Contract Documents, the Contractor shall effect employees; and maintain similar property insurance on portions of 3 claims for damages because of bodily injury, sick- the Work stored off the site or in transit when such por- ness or disease, or death of any person other than tions of the Work are to be included in an Application for Payment under Subparagraph 9.3.2. his employees; 4 claims for damages insured by usual personal in 11.3.2 The Owner shall purchase and maintain such boiler jury liability coverage which are sustained (1) by and machinery insurance as may be required by the Con- any person as a result of an offense directly or in tract Documents or by law. This insurance shall include directly related to the employment of such person the interests of the Owner, the Contractor, Subcontrac- by the Contractor, or (2) by any other person; tors and Sub-subcontractors in the Work. .5 claims for damages, other than to the Work itself, 11.3.3 Any loss insured under Subparagraph 11.3.1 is to because of injury to or destruction of tangible be adjusted with the Owner and made payable to the property, including loss of use resulting therefrom; Owner as trustee for the insureds, as their interests may and appear, subject to the requirements of any applicable .6 claims for damages because of bodily injury or mortgagee clause and of Subparagraph 11.3.8. The Con- death of any person or property damage arising tractor shall pay each Subcontractor a just share of any out of the ownership, maintenance or use of any insurance moneys received by the Contractor, and by ap- motor vehicle. propriate agreement, written where legally required for validity, shall require each Subcontractor to make pay- 11.1.2 The insurance required by Subparagraph 11.1.1 shall ments to his Sub-subcontractors in similar manner. be written for not less than any limits of liability specified in the Contract Documents, or required by law, which- Contractor The Owner shall file a copy of all policies with the Contractor before an exposure to loss may occur. ever is greater. 11.1.3 The insurance required by Subparagraph 11.1.1 11.3.5 If the Contractor requests in writing that insurance shall include contractual liability insurance applicable to for risks other than those described in Subparagraphs the Contractor's obligations under Paragraph 4.18. 11.3.1 and 11.3.2 or other special hazards be included in the property insurance policy, the Owner shall, if pos- 11.1.4 Certificates of Insurance acceptable to the Owner sible, include such insurance, and the cost thereof shall shall be filed with the Owner prior to commencement of be charged to the Contractor by appropriate Change the Work. These Certificates shall contain a provision that Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 16 A201-1976 AIA® • © 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ►= 11.3.6 The Owner and Contractor waive all rights against ARTICLE 12 (1) each other and the Subcontractors, Sub-subcontractors, agents and employees each of the other, and (2) the CHANGES IN THE WORK Architect and separate contractors, if any, and their sub- contractors, sub-subcontractors, agents and employees, 12.1 CHANGE ORDERS for damages caused by fire or other perils to the extent 12.1.1 A Change Order is a written order to the Contrac- covered by insurance obtained pursuant to this Paragraph for signed by the Owner and the Architect issued after 11.3 or any other property insurance applicable to the Work, except such rights as they may have to the pro- execution of the Contract, authorizing a change in the ceeds of such insurance held by the Owner as trustee. Work or an adjustment in the Contract Sum or the Con- The foregoing waiver afforded the Architect, his agents tract Time. The Contract Sum and the Contract Time may and employees shall not extend to the liability imposed be changed only by Change Order. A Change Order by Subparagraph 4.18.3. The Owner or the Contractor, as signed by the Contractor indicates his agreement there- appropriate, shall require of the Architect, separate con- With, including the adjustment in the Contract Sum or tractors, Subcontractors and Sub-subcontractors by ap- the Contract Time. propriate agreements, written where legally required for 12.1.2 The Owner, without invalidating the Contract, may validity, similar waivers each in favor of all other parties order changes in the Work within the general scope of enumerated in this Subparagraph 11.3.6. the Contract consisting of additions, deletions or other required in writing b an revisions, the Contract Sum and the Contract Time being 11.3.7 If re q g y y party in interest, the adjusted accordingly. All such changes in the Work shall Owner as trustee shall, upon the occurrence of an insured be authorized by Change Order, and shall be performed loss, give bond for the proper performance of his duties. under the applicable conditions of the Contract Docu- He shall deposit in a separate account any money so re- ments. ceived, and he shall distribute it in accordance with such agreement as the parties in interest may reach, or in ac- 12.1.3 The cost or credit to the Owner resulting from a cordance with an award by arbitration in which case the change in the Work shall be determined in one or more procedure shall be as provided in Paragraph 7.9. If after of the following ways: such loss no other special agreement is made, replace- .1 by mutual acceptance of a lump sum properly ment of damaged work shall be covered by an appropri- itemized and supported by s:lfficient substantiating ate Change Order. data to permit evaluation; .2 by unit prices stated in the Contract Documents or 11.3.8 The Owner as trustee shall have power to adjust subsequently agreed upon; and settle any loss with the insurers unless one of the .3 by cost to be determined in a manner agreed upon parties in interest shall object in writing within five days by the parties and a mutually acceptable fixed or after the occurrence of loss to the Owner's exercise of this percentage fee; or power, and if such objection be made, arbitrators shall be 4 by the method provided in Subparagraph 12.1.4. chosen as provided in Paragraph 7.9.The Owner as trustee shall, in that case, make settlement with the insurers in 12,1,4 If none of the methods set forth in Clauses accordance with the directions of such arbitrators. If dis- 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contrac- tribution of the insurance proceeds by arbitration is re- tor, provided he receives a written order signed by the quired, the arbitrators will direct such distribution. Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the 11.3.9 If the Owner finds it necessary to occupy or use a Architect on the basis of the reasonable expenditures and portion or portions of the Work prior to Substantial Com- savings of those performing the Work attributable to the pletion thereof, such occupancy or use shall not com- change, including, in the case of an increase in the Con- mence prior to a time mutually agreed to by the Owner tract Sum, a reasonable allowance for overhead and profit. and Contractor and to which the insurance company or In such case, and also under Clauses 12.1.3.3 and 12.1.3.4 companies providing the property insurance have con- above, the Contractor shall keep and present, in such sented by endorsement to the policy or policies. This in- form as the Architect may prescribe, an itemized account- surance shall not be cancelled or lapsed on account of ing together with appropriate supporting data for inclu- such partial occupancy or use.Consent of the Contractor sion in a Change Order. Unless otherwise provided in and of the insurance company or companies to such the Contract Documents, cost shall be limited to the fol- occupancy or use shall not be unreasonably withheld. lowing: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age 11.4 LOSS Of USE INSURANCE and unemployment insurance, and fringe benefits re- 11.4.1 The Owner, at his option, may purchase and main- quired by agreement or custom; workers' or workmen's tain such insurance as will insure him against loss of use compensation insurance; bond premiums; rental value of of his property due to fire or other hazards, however equipment and machinery; and the additional costs of caused. The Owner waives all rights of action against the supervision and field office personnel directly attributable Contractor for loss of use of his property, including con- to the change. Pending final determination of cost to the sequential losses due to fire or other hazards however Owner, payments on account shall be made on the Archi- caused, to the extent covered by insurance under this tect's Certificate for Payment. The amount of credit to be Paragraph 11.4. allowed by the Contractor to the'Owner for any deletion AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION• THIRTEENTH EDITION•AUGUST 1976 AIA® . © 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 17 or change which results in a net decrease in the Contract The Contractor shall carry out such written orders Sum will be the amount of the actual net cost as con- promptly. firmed by the Architect. When both additions and credits ARTICLE 13 covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, UNCOVERING AND CORRECTION OF WORK with respect to that change. 13.1 UNCOVERING OF WORK 12.1.5 If unit prices are stated in the Contract Documents 13.1.1 If any portion of the Work should be covered con- or subsequently agreed upon, and if the quantities orig- trary to the request of the Architect or to requirements inally contemplated are so changed in a proposed Change specifically expressed in the Contract Documents, it must, Order that application of the agreed unit prices to the if required in writing by the Architect, be uncovered for quantities of Work proposed will cause substantial in- his observation and shall be replaced at the Contractor's equity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. expense. 12,2 CONCEALED CONDITIONS 13.1.2 If any other portion of the Work has been covered which the Architect has not specifically requested to ob- 12.2.1 Should concealed conditions encountered in the serve prior to being covered, the Architect may request performance of the Work below the surface of the ground to see such Work and it shall be uncovered by the Con- or should concealed or unknown conditions in an existing tractor. If such Work be found in accordance with the structure be at variance with the conditions indicated by Contract Documents, the cost of uncovering and replace- the Contract Documents, or should unknown physical ment shall, by appropriate Change Order, be charged to conditions below the surface of the ground or should the Owner. If such Work be found not in accordance with concealed or unknown conditions in an existing structure the Contract Documents, the Contractor shall pay such of an unusual nature, differing materially from those ordi- costs unless it be found that this condition was caused narily encountered and generally recognized as inherent by the Owner or a separate contractor as provided in in work of the character provided for in this Contract, be Article 6, in which event the Owner shall be responsible encountered, the Contract Sum shall be equitably ad- for the payment of such costs. justed by Change Order upon claim by either party made within twenty days after the first observance of the 13.2 CORRECTION OF WORK conditions. 13.2.1 The Contractor shall promptly correct all Work 12.3 CLAIMS FOR ADDITIONAL COST rejected by the Architect as defective or as failing to con- form to the Contract Documents whether observed be- 12.3.1 If the Contractor wishes to make a claim for an fore or after Substantial Completion and whether or not increase in the Contract Sum, he shall give the Architect fabricated, installed or completed. The Contractor shall written notice thereof within twenty days after the occur- bear all costs of correcting such rejected Work, including rence of the event giving rise to such claim. This notice compensation for the Architect's additional services made shall be given by the Contractor before proceeding to necessary thereby. execute the Work, except in an emergency endangering life or property in which case the Contractor shall pro- 13.2.2 If, within one year after the Date of Substantial ceed in accordance with Paragraph 10.3. No such claim Completion of the Work or designated portion thereof or shall be valid unless so made. If the Owner and the Con- within one year after acceptance by the Owner of desig- tractor cannot agree on the amount of the adjustment in nated equipment or within such longer period of time as the Contract Sum, it shall be determined by the Architect. may be prescribed by law or by the terms of any appli- Any change in the Contract Sum resulting from such cable special warranty required by the Contract Docu- claim shall be authorized by Change Order. ments, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor 12.3.2 If the Contractor claims that additional cost is in- shall correct it promptly after receipt of a written notice volved because of, but not limited to, (1) any written from the Owner to do so unless the Owner has previously interpretation pursuant to Subparagraph 2.2.8, (2) any given the Contractor a written acceptance of such condi- order by the Owner to stop the Work pursuant to Para- tion. This obligation shall survive termination of the graph 3.3 where the Contractor was not at fault, (3) any Contract. The Owner shall give such notice promptly written order for a minor change in the Work issued pur- after discovery of the condition. suant to Paragraph 12.4, or (4) failure of payment by the Owner pursuant to Paragraph 9.7, the Contractor shall 13.2.3 The Contractor shall remove from the site all por- make such claim as provided in Subparagraph 12.3.1. tions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 12,4 MINOR CHANGES IN THE WORK 4.5.1, 13.2.1 and 13.2.2, unless removal is waived by the 12.4.1 The Architect will have authority to order minor Owner. changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and 13.2.4 If the Contractor fails to correct defective or non- not inconsistent with the intent of the Contract Docu- conforming Work as provided in Subparagraphs 4.5.1, ments. Such changes shall be effected by written order, 13.2.1 and 13.2.2, the Owner may correct it in accordance and shall be binding on the Owner and the Contractor. with Paragraph 3.4. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT I-OR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 18 A201-1976 AIA® © 1976 • THE AMERICAN INSTITLTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 moommommow > INDEX Acceptance of Defective or Non-Conforming Work ..6.2.2, 13.3 Cleaning Up .....................................4.15, 6.3 Acceptance of Work ..................9.5.5, 9.8.1, 9.9.1, 9.9.3 Commencement of the Work, Conditions Relating to..3.2.1,4.2, Access to Work ................................2.2.5, 6.2.1 4.7.1, 4.10, 5.2.1, 6.2.2, 7.5, 9.2, 11.1.4, 11.3.4 Accident Prevention ..............................2.2.4,10 Commencement of the Work, Definition of .............8.1.2 Acts and Omissions ........2.2.4, 4.18.3, 7.4, 7.6.2, 8.3.1, 10.2.5 Communications . . ...................2.2.2, 3.2.6, 4.9.1, 4.16 Additional Costs, Claims for ...........................12.3 Completion, Administration of the Contract ....................2.2, 4.3.3 Conditions Relating to ...2.2.16, 4.11,4.15, 9.4.2, 9.9, 13.2.2 All Risk Insurance ..................................11.3.1 COMPLETION, PAYMENTS AND ... .......................9 Allowances .......... .................................4.8 Completion, Substantial ....2.2.16, 8.1.1, 8.1.3, 8.2.2, 9.8, 13.2.2 Applications for Payment ..................2.2.6, 9.2, 9.3, 9.4, Compliance with Laws .... ....... .....1.3, 2.1.1, 4.6, 4.7, 4.13, 9.5.3,9.6.1,9.8.2,9.9.1,9.9.3,14.2.2 7.1, 7.7, 10.2.2, 14 Approvals ...............2.2.14, 3.4, 4.3.3, 4.5, 4.12.4 through Concealed Conditions .......... .......................12.2 4.12.6, 4.12.8, 4.18.3, 7.7, 9.3.2 Consent, .Arbitration ........... .....2.2.7 through 2.2.13, 2.2.19, 6.2.5, Written ...2.2.18, 4.14.2, 7.2, 7.6.2, 9.8.1, 9.9.2, 9.9.3, 11.3.9 7.9,8.3.1,11.3.7,11.3.8 Contract, Definition of ......... .......................1.1.2 ARCHITECT ............................................2 Contract Administration ...... ....................2.2, 4.3.3 Architect, Definition of .................................2.1 Contract Award and Execution, Conditions Architect, Extent of Authority ....2.2, 3.4, 4.12.8, 5.2, 6.3, 7.7.2, Relating to .. .......4.7.1, 4.10, 5.2, 7.5, 9.2, 11.1.4, 11.3.4 8.1.3,8.3.1,9.2,9.3.1,9.4,9.5.3,9.6,9.8, 9.9.1,9.9.3,12.1.1, CONTRACT DOCUMENTS ......... . .....................1 12.1.4, 12.3.1, 12.4.1, 13.1, 13.2.1, 13.2.5,14.2 Contract Documents, Architect, Limitations of Authority and Responsibility .....2.2.2 Copies Furnished and Use of ....... ........1.3, 3.2.5, 5.3 through 2.2.4,2.2.10 through 2.2.14,2.2.17, 2.2.18, Contract Documents, Definition of .....................1.1.1 4.3.3,4.12.6,5.2.1,9.4.2,9.5.4,9.5.5, 12.4 Contract Sum, Definition of .... . ......................9.1.1 Architect's Additional Services ..3.4, 7.7.2, 13.2.1, 13.2.5, 14.2.2 Contract Termination . ...... . .. .........................14 Architect's Approvals .. ....2.2.14, 3.4, 4.5, 4.12.6, 4.12.8, 4.18.3 Contract Time, Definition of . ... .... ..................8.1.1 Architect's Authority to Reject Work ....2.2.13, 4.5, 13.1.21 13.2 CONTRACTOR .. ............. ... .......................4 Architect's Copyright ................ ...................1.3 Contractor, Definition of ....... .. . ............. ...4.1' 6.1.2 Architect's Decisions ..........2.2.7 through 2.2.13, 6.3, 7.7.2, Contractor's Employees ... ...4.3.2, 4.4.2, 4.8.1, 4.9, 4.18, 10.2.1 through 10.2.4, 10.2.6, 10.3, 11.1.1 7.9.. .... ... 9.4,9.6.1, 2.2.1 12.1.4,12.3.1 Contractor's Liability Insurance ..... . ..................11.1 Architect's inspections ..............2.2.13, 2.2.16, 9.8.1, 9.9.1 Contractor's Relationship with Architect's Instructions ..........2.2.13, 2.2.15, 7.7.2, 12.4, 13.1 Separate Contractors and Owner's Forces ... ......3.2.7, 6 Architect's Interpretations .........2.2.7 through 2.2.10, 12.3.2 Contractor's Relationship with Architect's On-Site Observations ... ...2.2.3, 2.2.5, 2.2.6, 2.2.17, Subcontractors . . .......1.2.4, 5.2, 5.3, 9.5.2, 11.3.3, 11.3.6 7.7.1, 7.7.4, 9.4.2, 9.6.1, 9.9.1 Contractor's Relationship with the Architect . .......1.1.2,2.2.4, Architect's Project Representative ..............2.2.17, 2.2.18 2.2.5,2.2.10, 2.2.13,4.3.3,4.5,4.7.3,4.12.6,4.18, 11.3.6 Architect's Relationship with Contractor .....1.1.2, 2.2.4, 2.2.5, Contractor's Representations .. ..........1.2.2,4.5,4.12.5, 9.3.3 2.2.10, 2.2.13, 4.3.3, 4.5, 4.7.3, 4.12.6, 4.18, 11.3.6 Contractor's Responsibility for Architect's Relationship with Those Performing the Work ...............4.3.2, 4.18, 10 Subcontractors ............. .. ...1.1.2, 2.2.13, 9.5.3, 9.5.4 Contractor's Review of Contract Documents . ...1.2.2, 4.2, 4.7.3 Architect's Representations ........ .. ... ....9.4.2, 9.6.1, 9.9.1 Contractor's Right to Stop the Work ...... ...............9.7 Artistic Effect ....... ................1.2.3,2.2.11,2.2.12,7.9.1 Contractor's Right to Terminate the Contract 14.1 Attorneys' Fees ....... ..... ... ... .. ... ....4.18.1, 6.2.5, 9.9.2 Contractor's Submittals . ..............2.2.14, 4.10, 4.12, 5.2.1, Award of Separate Contracts . ... ... . ..................6.1.1 5.2.3,9.2,9.3.1,9.8.1,9.9.2,9.9.3 Award of Subcontracts and Other Contracts for Contractor's Superintendent . . .. . .. ... . ... ........4.9, 10.2.6 Portions of the Work ...................... ..... ...5.2 Contractor's Supervision and Bonds, Lien ................... ..................... .9.9.2 Construction Procedures . . . .. .. ...1.2.4, 2.2.4, 4.3, 4.4, 10 Bonds, Performance, Labor and Material Payment ....7.5, 9.9.3 Contractual Liability Insurance ... .... . ................11.1.3 Building Permit ...... ....... ... ... ............. ... ....4.7 Coordination and Certificate of Substantial Completion ....... ............9.8.1 Correlation .. . .1.2.2, 1.2.4, 4.3.1, 4.10.1, 4.12 5f 6.1.3, 6.2.1 Certificates of Inspection, Testing or Approval ...........7.7.3 Copies Furnished of Drawings and Specifications ..1.3, 3.2.5, 5.3 Certificates of Insurance .... ...... . ... .. . ..... . .9.3.2, 11.1.4 Correction of Work .. .... . . . . . . ... ......3.3, 3.4, 10.2.5, 13.2 Certificates for Payment ... .2.2.6, 2.2.16, 9.4, 9.5.1, 9.5.5, 9.6.1, Cost, Definition of . . ..... . ..... . .. . .................12.1.4 9.7.1, 9.8.2, 9.9.1, 9.9.3, 12.1.4, 14.2.2 Costs . .... .3.4, 4.8.2, 4.15.2, 5.2.3, 6.1.1, 6.2.3, 6.2.5, 6.3, 7.7.1, Change Orders ....... . . .1.1.1, 2.2.15, 3.4, 4.8.2.3, 5.2.3, 7.7.2, 7.7.2,9.7,11.3.1,11.3.5,12.1.3,12.1.4,12.3,131.2,13.2,14 8.3.1, 9.7, 9.9.3, 11.3.1, 11.3.5, 11.37, Cutting and Patching of Work ..4.14,6.2 12.1, 13.1.2, 13.2.5, 13.3.1 Damage to the Work . . . . . .. ... . . .. . .6.2.4, 6.2.5, 9.6.1.5, 9.8.1, Change Orders, Definition of .... . ..... ........ . ... ..12.1.1 10.2.1.2, 10.3, 11.3, 13.2.6 CHANGES IN THE WORK ............. .......2.2.15, 4.11.1, 12 Damages, Claims for . . . .... . . . . .6.1.1, 6.2.5, 7.4, 8.3.4, 9.6.1.2 Claims for Additional Cost or Time . . . .8.3.2, 83.3, 12.2.1, 12.3 Damages for Delay . .. . ..... .. . . . ...... . .... .6.1.1, 8.3.4, 9.7 Claims for Damages .. .. ... .......6.1.1, 6.2.5, 7.4, 8.3, 9.6.1.1 Day, Definition of . . . . ... . ..... . .. ... . ... . . .... .......8.1.4 AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - THIRTEENTH EDITION - AUGUST 1976 2 A201-1976 AIA© - © 1976 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE N'UE, N.W., WASHINGTON, D.C. 20006 low THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED W1114 RESPECT TO ITS MODIFICATION 1976 EDITION TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 8. TIME 2. ARCHITECT 9. PAYMENTS AND COMPLETION 3. OWNER 10. PROTECTION OF PERSONS AND PROPERTY 4. CONTRACTOR 11. INSURANCE 5. SUBCONTRACTORS 12. CHANGES IN THE WORK 6. WORK BY OWNER OR BY 13. UNCOVERING AND CORRECTION SEPARATE CONTRACTORS OF WORK 7. MISCELLANEOUS PROVISIONS 14. TERMINATION 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 by The American Institute of Architects, 1:1S New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its pro- visions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A201 • GENERAL CONDITIONS OF 711E CONTRACT FOR(ONSTRUCtION • 1HIRTEENTH EDITION • AUGUST 1976 AIA* • OO 1976 • HIL AhALRICAN WSTIIUIE OF ARCHITECIS, 1715 NLW )ORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 1 S U B C O N T R A C T E Q U A L E M P L O Y M E N T C E R T I F I C A T I O N certifies that it 1. intends to use the following listed construction trades in the work under the subcontract: s 2. will comply with the minority manpower ratio and specific affirmative action steps contained herein; and 3. will obtain from each of the Subsubcontractors prior to the award any Sub- subcontract under this Subcontract a subsubcontract certification. (Signature of authorized representative of Subcontractor) Date Name and Title AOk 8/81 FORM OF SUBCONTRACTOR'S EQUAL EMPLOYMENT CERTIFICATION 1 damage insurance of the type and in limits required to be furnished to the Awarding Authority by the Contractor. 4. The Contractor agrees that no claim for services rendered or materials fur- nished by the Contractor to the Subcontractor shall be valid unless written notice thereof is given by the Contractor to the Subcontractor during the first ten (10) days of the calendar month following that in which the claim originated. S. This agreement is contingent upon the execution of a general contract bet- ween the Contractor and the Awarding Authority for the complete work. IN WITNESS WHEREOF, the parties hereto gave executed this Agreement the day and year first above written. SEAL: ATTEST: Name of Subcontractor) By SEAL: ATTEST: (Name of Contractor) By 8/81 FORM OF SUBCONTRACT 2 F O R M OF S U B C O N T R A C T THIS AGREEMENT made this day of , 19 , by and between e corporation organized and existing under the laws of a partnership consisting of an individual doing business as hereinafter called the "Contractor" and a corporation organized and existing under the laws of a parntership consisting of and individual doing business hereinafter called the "Subcontractor". WITNESSETH that the Contractor and the Subcontractor for the considerations hereafter named, agree as follows: 1. The Subcontractor agrees to furnish all labor and materials required for the completion of all work specified in Section No. of the Specifica- tions for (Name of Sub-Trade) and the plans referred to therein and Addenda No(s) . and , for (Project Title) in (city/town) Massachusetts, as prepared by (Name of Architect Engineer) for the sum of dollars ($ ), and the Contractor agrees to pay the Subcontractor said sum for said work. This price includes the following alternates (and other items set forth in the subbid) : Alternate No(s) . and (a) The Subcontractor agrees to be bound to the Contractor by the terms of the Contract Documents (including Addenda No. and ) , and to assume to the Contractor all the obligations and responsibilities that the Contractor by those documents assumes to the Housing Authority, hereinafter call the "Awarding Authority" except to the extent that provisions contained therein are by their terms or by law applicable only to the Contractor. (b) The Contractor agrees to be bound to the Subcontractor by the terms of the hereinbefore described documents and to assume to the Subcontractor all the obligations and responsibilities that the Awarding Authority by the terms of the hereinbefore described documents assumes to the Contractor, except to the extent that provisions contained therein are by their terms or by law applicable only to the Awarding Authority. 2. The Contractor agrees to begin, prosecute and complete the entire work spe- cified by the Awarding Authority in an orderly manner so that the Subcontractor will be able to begin, prosecute and complete the work described in the subcon- tract; and, in consideration thereof, upon notice from the Contractor, either oral or in writing, the Subcontractor agrees to begin, prosecute and complete the work described in this Subcontract in an orderly manner and with due consid- eration to the date or time specified by the Awarding Authority for the comple- tion of the entire work. 3. The Subcontractor agrees to furnish to the Contractor within a reasonable time after the execution of this Subcontract, evidence of workmen's compensation insurance as required by law and evidence of public liability and property 8/81 FORM OF SUBCONTRACT 1 F O R M OF P A Y M E N T B O N D KNOW ALL MEN BY THESE PRESENTS: That we, as Principal and as Surety, are held and firmly bound unto the Housing Authority, as Obligee, in the sum of dollars ($ ) to be paid to the Obligee, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has made a contract with the Obligee, bearing the date of , 19 , for the construction of (Project Title) in (City Town), Massachusetts, Now the conditions of this obligation is such that if the Principal and all Sub- contractors under said contract shall pay for all labor performed or furnished and for all materials used or employed in said contract and in any and all duly authorized modifications, alterations, extensions of time, changes or additions to said contract that may hereafter be made, notice to the surety of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to include any other purposes or items set out in, and to be subject to, provisions of Massachusetts General Laws, Chapter 30, Section 39A, and Chapter 149, Section 29, as amended, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this day of 19 PRINCIPAL SURETY (Title) (Attorney-in-Fact) Seal : Seal: Attest : Attest : 8/81 FORM OF PAYMENT BOND 1 F 0 R M O F P E R F O R M A N C E B 0 N D KNOW ALL MEN BY THESE PRESENTS: That we, as Principal , and , as Surety, are held and firmly bound unto the Housing Authority, as Obligee, in the sum of dollars ($ ) to be paid to the Obligee, for which payments, well and truly to be made, we bind ourselves, our respective heirs, executors, adiainistrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has made a contract with the Obligee, bearing the date of 19 , for the construction of (Project Title) in (Town/City) , Massachusetts, Now the condition of this obligation is such that if the Principal and all Sub- contractors under said contract shall well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of said contract on its part to be kept and performed during the original term of said contract and any extensions thereof that may be granted by the Obligee, with or without notice to the Surety, and during the life an any guarantee required under the contract, and shall also well and truly keep and perform all the undertakings, covenants, agreements, terms and conditions of any and all duly authorized modifications, alterations, changes or additions to said contract that may hereafter be made, notice to the Surety of such modifications, alterations, changes or additions being hereby waived, then this obligation shall become null and void; other wise, it shall remain in full force and virtue . In the event that the contract is abandoned by the Principal, or in the event that the Obligee, under the provisions of Article 14 of the General Conditions of said contract terminates the employment of the Principal or the authority of the Principal to continue the work, said Surety hereby further agrees that said Surety shall, if requested in writing by the Obligee, take such action as is necessary to complete said contract. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this day of 19 PRINCIPAL SURETY By By (Title) (Attorney-in-Fact) Seal: Seal: Attest: Attest: 8/81 FORM OF PERFORMANCE BOND 1 C O N T R A C T O R ' S EQUAL E M P L O Y M E N T C E R T I F I C A T I O N certifies that it 1. intends to use the following listed construction trades in the work under the contract: 2. will comply with the minority manpower ratio and specific affirmative action steps contained herein; and 3. will obtain from each of its sub—contractors and submit to the Authority prior to the award of any subcontract under this contract the sub—contractor certification. (signature of authorized representative of contractor) Date Name and title 8/81 FOR* OF CONTRACTOR'S EQUAL EMPLOYMENT CERTIFICATE 1 Article 5. ALTERNATES: The following Alternates have been accepted and their costs are included in the Contract Sum stated in Article 3 of this Agreement: Alternates No(s): and Article 6. VALIDATION: This Contract will not be valid until signed by the Secretary, Department of Community Affairs. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed. CONTRACTOR AWARDING AUTHORITY (Name of Contractor) (Name of Housing Authority) By: (Address) (Name and Seal) By: (Name and Seal) (Title) Attest: (Title) DEPARTMENT OF COMMUNITY AFFAIRS Witness In accordance with Chapter 121, General Laws and Revisions thereto. Secretary Date (If a corporation, attach to each signed Contract a notarized copy of the cor- porate vote authorizing the signatory to sign this Contract.) 8/81 FORM OF OWNER-CONTRACTOR AGREEMENT 2 F O R M OF O W N E R C O N T R A C T O R A G R E E M E N T 0^ THIS AGREEMENT made this day of , 19_, by and between the Housing Authority, hereinafter called the "Owner", and hereinafter called the "Contractor", WITNESSETH, that the Owner and the Contractor, for the consideration hereinafter named, agree as follows: Article 1 . SCOPE OF WORK: The Contractor shall perform all the Work required by the Contract Documents for (Project Title) (Name of Architect/Engineer) acting as, and referred to in these Contract Documents as the "Architect". Article 2. TIME OF COMPLETION: The Contractor shall commence work under this Contract on the date specified in the written "Notice to Proceed" of the Owner and shall bring the work to Substantial Completion within calendar days of said date. Damages for delays in the performance of the Work shall be in accor- dance with Article 8 of the Conditions of the Contract. Article 3. THE CONTRACT SUM: The Owner shall pay in current funds the Contractor for the performance of the Work, subject to additions and deductions by Change Order the Contract Sum of dollars ($ ). The Contract Sum is subdivided as follows: ITEM 1. The Work of the Contractor, being all Work other than that covered by ITEM 2, .. .. . . . .$ ITEM 2. Subcontractors as follows: SECTION 4A - MASONRY (Subcontractor) $ SECTION (Subcontractor) $ (Each filed Subcontractor shall be listed separately) TOTALOF ITEM 2 . . . . . . . . . . . . . . . . .. . . . . . . ..$ Article 4. THE CONTRACT DOCUMENTS: The following, together with this Agreement form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein: The Advertisement, Bidding Documents, Contract Forms, Conditions of the Contract, and Specifications as enumerated in the Table of Contents; the Drawings as enumerated in the List of Contract Drawings; Addenda; and Modifications issued after execution of the Contract. Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 8/81 FORM OF OWNER-CONTRACTOR AGREEMENT 1 LETTER OF INTENT SOMBA CERTIFIED ENTERPRISE (to be completed by each SCE and submitted by the bidder using that SCE. General bidders or filed sub-bidders that are SCE's may omit this form.) RE: State-Aided Project , (Number) (City or Town) T0: (Name of Bidder) FROM: (Name of MBE or WBE) (Address) 1. My company intends to perform work in connection with the above-captioned project as an individual a corporation a partnership a joint venture with other (explain) 2. My company has been certified by SOMBA as a (indicate "MBE" or "WBE") and has not changed its ownership, control, or management in any way to affect certification. 3. My company understands that if your company is awarded the contract, your company intends to enter into an agreement to perform the work described below for the price indicated. My Company also understands that your Company will make substitutions only as allowed by Article 17 of the supplementary conditions for the above-captioned project. 4. My company intends to brief description of work) for a total amount of (S ) (date) (authorized signator for SCE) 1-1 SOMBA CERTIFIED ENTERPRISE PARTICIPATION SCHEDULE (indicate in () whether "MBE" or "WBE") t . SCE General Bidder AMOUNT ( ) S 2. SCE firms carried by General Bidder AMOUNT ( > S ( ) S ( ) S ( ) S ( ) S 3. SCE filed sub-bidders or carried by filed sub-bidders (when applicable) ( ) S ( ) S ( ) S ( ) S ( ) S ( ) S ( ) S 1-1 REVENUE ENFORCEMENT AND PROTECTION CERTIFICATION (REAP) ,a♦ Pursuant to Massachusetts General Laws/Chapter 62(c) . section 49(a) , I as of hereby certify under penalties of perjury that to the best of my knowledge and belief has complied with any and all applicable state tax laws. Name of Corporation or Company Title of Person Signing Signature Date core seal •wW► 11/85 FORM FOR GENERAL BID 4 FORM OF NON-COLLUSIVE AFFIDAVIT GENERAL BIDDERS State of as. County of ) being first sworn, deposes and says: That he is (a partner or officer of the firm of, etc.) the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against the Housing Authority or any person interested in the proposed contract; and that all statements in said proposal or bid are true. Signature of: Bidder, if the bidder is an individual Partner, if the bidder is a partnership Officer, if the bidder is a corporation Subscribed and sworn to before me this day of 19_ ` \ Seal I Notary Public My commission expires '— 11;85 FORM FOR GENERAL BID 3 trade against whose standing and ability the undersigned makes no objection; and that the undersigned will use all such finally selected sub-bidders at the amounts named in their respective sub-bids and be in every way as responsible for them and their work as if they had been originally named in this general bid, the total Contract sum being adjusted to conform thereto. E. The undersigned agrees that, if he is selected as general contractor, he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the awarding authority, execute a contract in accordance with the terms of this general bid and furnish a performance bond and also a labor and materials or payment bond, each of a surety company qualified to do business under the laws of the Commonwealth of Massachusetts and satisfactory to the awarding authority and each in the sum of one hundred percent of the contract price, the premiums for which are to be paid by the general contractor and are included in the contract price. The undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the Work. The undersigned agrees that he will comply with the minority manpower ratio and steps prescribed in Article 16 of the Supplementary Conditions, including compliance with the minority Subcontractor's requirements specified therein. DATE (Name of General Bidder) By (Title) (Business Address) (City and State) (Zip Code) Note: If the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a partnership, give full names and resi- dential addresses of all partners; and if an individual, give residential address if different from business address. 'Oak_. 8/81 FORM FOR GENERAL BID 2 F O R M F O R G E N E R A L B I D ! TO THE AWARDING AUTHORITY A. The undersigned proposes to furnish all labor and materials required for (Project Title) in (City/Town) , Massachusetts in accordance with the Contract Documents prepared by (Name of Architect/Engineer) for the contract price specified below, subject to additions and deductions according to the terms of the specifications. B. This bid includes addenda number and C. The proposed contract price is dollars For Alternate No. Add $ Subtract $ (Each alternate shall be listed separately) D. The subdivision of the proposed contract price is as follows: ITEM I . The work of the general contractor, being all work other than that covered by ITEM 2, $ ITEM 2. Sub-bids as follows: AMOUNT BONDS REQUIRED INDICATE YES OR NO SECTION 4A - MASONRY (Sub-Bidder) $ SECTION (Sub-bidder) $ (Each filed sub-bid shall be listed separately) TOTALOF ITEM 2 . . . . . . . . . . . . .. . . .. . . .. . . $ The undersigned agrees that each of the above-named sub-bidders will be used for the work indicated at the amount stated, unless a substitution is made. The undersigned further agrees to pay the premiums for the performance and payment bonds furnished by sub-bidders as requested herein and that all the cost of such premiums is included in the amount set forth in Item 1 of this bid. The undersigned agrees that if he is selected as general contractor, he will promptly confer with the awarding authority on the question of sub-bidders; and that the awarding authority may substitute for any sub-bid listed above a sub- bid duly filed with the awarding authority by another sub-bidder for the sub- 8/81 FORM FOR GENERAL BID 1 9.2 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids. 9.3 No bid of the three lowest General Bidders end the Sub-Bidders they name in their general bids, and of the three lowest Sub-Bidders for each sub-trade shall be withdrawn within thirty days, Saturdays, Sundays, and legal holidays excluded, after the opening of the general bids. ARTICLE 10 - AWARD 10.1 The Awarding Authority reserves the right to waive any informalities in or to reject any or all general bids if it be in the public interest to do so. 10.2 The Awarding Authority also reserves the right to reject any sub-bid if it determines that such sub-bid does not represent the bid of a person competent to perform the work as specified or if less than three sub-bids are received for a sub-trade or if bid prices are not acceptable without further competition. 10.3 The Contract will be awarded to the lowest responsible and eligible bidder, except in the event of substitution as provided under M.G.L. Chapter 149, Section 44E and 44F, in which case the procedure as required by said Section shall govern the award of the Contract. 10.4 As used herein, the term "lowest responsible and eligible Bidder" shall mean the General Bidder whose bid is the lowest of those Bidders demonstrably possessing; the skill, ability, and integrity necessary for the faithful perfor- mance of the Work and who shall certify that he is able to furnish labor that can work in harmony with all other labor employed on the Work. 10.5 The award of the Contract is subject to the approval of and not valid until signed by the Secretary, Department of Community Affairs. END OF SECTION 9/85 Instructions to i:iddcrs - 4 AMW ARTICLE 7 - ALTERNATES 7.1 Each Bidder shall bid on all alternates listed. •.7.2 In the event an alternate does not involve a change in the amount of the base bid, the Bidder shall so indicate by using the words "No Change" in the space provided for that alternate. 7.3 Sub-Bidders shall enter on the Form for Sub-Bid only the amount of addition or subtraction necessitated by the alternate which pertains to the work of that trade. 7.4 General Bidders shall enter on the Form for General Bid a single amount for each alternate which shall consist of the Sub-Bidders' amounts and the amount for work performed by the Contractor.. 7.5 The low bidder will be determined on the basis of the sum of the base bid and the alternates accepted. ARTICLE 8 - SUBMISSION OF BIDS 8.1 The Sub-bid, including the bid deposit, shall be enclosed in a sealed enve- lope with the following plainly marked on the outside: SUBBID FOR SECTION NO. , (Trade) (City or Town) (Project Title) (Sub-Bidder's Name and Business Address) 8.2 The General Bid, including the bid deposit, shall be enclosed in a sealed envelope with the following plainly marked on the outside: GE14EKAL BID FOR (City or Town) (Project Title) (Bidder's Name and Business Address) 8.3 The sealed envelope shall be enclosed in an outer sealed envelope and de- livered as set forth in the Advertisement. 8.4 Bid deposits, payable to the Awarding Authority, shall be either cash, cer- tified check, bid bond, or treasurer's or cashier's check issued by a respon- sible bank or trust company. 8.5 Date and time for receipt of bids is set forth in the Advertisement. 8.6 Timely delivery of a bid at the location designated shall be the full responsibility of the Bidders. ARTICLE 9 - WITHDRAWAL OF BIDS 9.1 Any bid may be withdrawn prior to the ttmc designated for receipt of bids on written or telegraphic request. Telegra­h'c withdrawal of bids must be con- firmed over the signature of the Bidders by written notice post-marked on or before the date and time set for receipt of bids. 9/85 Instructions to jiuuers - 3 3.5 Filed sub-bidders are not required to submit the Participation Schedule. They may, at their option, submit a Participation Schedule with their bid if WW they are a SOMBA certified business or if they intend to sub-sub work to a SOMBA certified MBE or WBE. Letters of Intent must bersubmitted when the 'Participation Schedule is submitted. ARTICLE 4 - REQUESTS FOR INTERPRETATION 4.1 Bidders shall promptly notify the Architect of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents,' the site, and local conditions. 4.2 Bidders requiring clarification or interpretation of the Contract Documents shall make a written request to the Architect. The Architect will answer such requests if received seven calendar days before the date for receipt of the bids. 4.3 Interpretation, correction, or change in the Contract Documents will be made by Addendum which will become part of the Contract Documents. Neither the Awarding Authority' nor the Architect will be held accountable for any oral instructions. 4.4 Addenda will be mailed by the Architect by certified mail, return receipt requested, to every individual or firm on record as having taken a set of Contract Documents. 4.5 Copies of addenda will be made available for inspection at the locations listed in the Advertisement where Contract Documents are on file. ARTICLE 5 - PREPARATION OF BIDS 5. 1 Bids shall be submitted on the "Form for General Bid" or the "Form for Sub- Bid", as appropriate, furnished at no cost by the Awarding Authority. The forms enclosed in the Project Manual shall not be extracted or used. There shall be no mailing of additional forms by the Architect. 5.2 All blanks on the bid form shall be filled in by typewriter or ink. 5.3 Where so indicated by the makeup of the bid form, sums shall be expressed in both words and figures. In case of discrepancy between the two, the written amount shall govern. 5.4 No interlineations, alterations, or erasures shall be made on the forms. 5.5 If a bid bond is used for deposit, it shall be in a form similar to AIA Document A310, "Bid Bond"; shall be with a surety company satisfactory to the Awarding Authority and qualified to do business in Massachusetts; and shall be conditioned upon the faithful performance by the principal of the agreements contained in the bid. ARTICLE 6 - TAXES �. 6.1 The Awarding Authority is exempt from payment of the Massachusetts Sales Tax. The Contractor will be provided a Certificate of Exemption number at the preconstruction conference. S 9/85 Instructions to Bidders - 2 I N S T R U C T I O N S TO B I D D E R S •ARTICLE 1 - BIDDER'S REPRESENTATION 1.1 Each General Bidder or Sub-Bidder (hereinafter called "Bidder") by making a bid or sub-bid (hereinafter called "bid") represents that: 1. The Bidder has read and understands the Contract Documents and the bid is made in accordance therewith. 2. The Bidder has visited the site and is familiar with the local con- ditions under which the Work has to be performed. 1.2 Failure to so examine the Contract Documents and site will not relieve any Bidder from any obligation under the bid as submitted. ARTICLE 2 - GENERAL BIDDER'S PREQUALIFICATION 2.1 General bids must be accompanied by (1) a Certificate of Eligibility issued by the Division of Capital Planning and Operations (DCPO), showing that the Bidder has been approved to bid on projects the size and nature of this project, and (2) a Contractor Update Statement, DCPO Form CQ3. 2.2 It is the bidder's responsibility to obtain the necessary forms from DCPO and make application to DCPO in sufficient time for DCPO to evaluate the_appli- cation and issue a Certificate of Eligibility. 2.3 The Contractor Update Statement is not a public record as defined in M.G.L. , Chapter 4, Section 7 and will not be open to public inspection. ARTICLE 3 - MBE AND WBE SET-ASIDE 3.1 The dollar amount of the total minority-owned and women-owned business set- aside is stated in the Advertisement. The amount that must be minority-owned businesses is also stated in the Advertisement. The balance may be either minority or women-owned businesses. 3.2 The apparent low bidder must submit the SOMBA Certified Enterprise Participation Schedule and Letters of Intent from all of the firms listed on the Schedule within five (5) working days after receipt of bids. Submit the completed Participation Schedule and Letters of Intent to the Awarding Authority and a copy to the Executive Office of Community, Bureau of Housing Development, 100 Cambridge Street, Boston, MA 02202, Attention MBE/WBE Participation for (project name). 3.3 Failure to submit the required Participation Schedule and Letters of Intent or failure to meet or exceed the amount of participation stated in the Advertisement and as required by Article 17 of the Supplementary Conditions, shall result in rejection of the bid and the bidder will be ineligible for contract award. The next lowest bidder shall be notified and given five working days to submit the Participation Schedule anti Letters of Intent. 3.4 The Contractor must submit prior to anti .is a condition of final Contract approval, signed sub-contracts and purchase orders with all sub-contractors and material suppliers listed on the Participation Schedule. t 9/85 Instructions to Biciders - 1 Bidders requesting Contract Documents to be mailed to them shall include a separate check for $15.00 per set, payable to the Awarding Authority, to cover mailing and handling costs. AOW The MoD site and existing building will be available .f-or inspection between 10 :00 a.m. and 11:30 a.m. on July io, 1986 and July 17, 1986 . The Contract Documents may be seen, but not removed at: F. W. Dodge, 181 Parx Avenue, West Springfield, MA 01089 Construction Industry Association of Western Mass. , Inc. , 96A Industry Avenue, Springfield, MA. Northampton Housing Authority 30 June 1986 i A D V E R T I S E M E N T The Northampton Housing Authority, the Awarding Authority, invites sealed bids from Contractors for the Modernization of Hampshire Heights Veterans' Housing, state aided project 200-1 in Northampton, Massachusetts, in accordance with the documents prepared dy Timothy Murphy Architects. The project consists of removal of existing windows and siding and installation of new prime aluminum windows and vinyl siding at Hampshire Heights. The work is estimated to. cost $342,000 .00 . Bids will be received and publicly opened at Northampton Housing Authority, Joseph McDonald House, 49 Old Stouth Street, Northampton, MA 01060. General bids will be received until 2:00 p.m. , Monday, July 21, 198b . General bidders must be certified by the Division of Capital Planning and Operations for Metal Window Work. General bids shall be accompanied by a bid deposit that is at least five percent of the bid amount. Bid Documents will be available for pick-up at Architect' s office, 380 High Street, Holyoke, MA 01040 after 10 :00 a.m. , July 2 , 1986 . If mailed, bids should be sent to Northampton Housing Authority. Bids are subject to the provisions of M. G. L. , Chapter 301 Section 39M and Chapter 149 Section 44A through H. Bidders must agree to contract with minority or women-owned businesses as defined by the State Office of Minority Business Assistance. The amount of participation reserved for such enterprises shall be not less than 108 of which at least 78 must be for minority businesses. The balance may be for either minority or women-owned businesses. Contract Documents may be obtained at the Architect' s office upon deposit of a certified or cashier ' s check for $50.00 per set, payable to the Awarding Authority. This deposit will be refunded for up to two sets for general bidders and for one set for sub-bidders upon return of the sets in good condition within thirty days of receipt of general bids. Otherwise, the deposit shall be the property of the Awarding Authority. Additional sets may be purchased for $50 .00 . 1DSection - Submittals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 lE Section - Labor Regulations . . . . . . . . . . . . . . . . . . . . . . . . 2 1F Section - Cleaning Up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 AM*, lHSection - Alternates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 DIVISION 2 - SITE WORK 2ASection - Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 DIVISION 6 - WOOD AND PLASTICS 6ASection - Rough Carpentry . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DIVISION 7 - MOISTURE PROTECTION 7DSection - Siding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7HSection - Sealants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 DIVISION 8 - DOORS AND WINDOWS 8ESection - Metal Windows . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 TABLE OF CONTENTS 2 TABLE OF CONTENTS Number of Pages Title Sheet . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 1 Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ADVERTISEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 BIDDING DOCUMENTS INSTRUCTIONSTO BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 FORMFOR uENERAL BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SOMBA CERTIFIED ENTERPRISE PARTICIPATION SCHEDULES . . . . . . . . . 1 LETTEROF INTENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CONTRACT FORMS FORM OF OWNER-CONTRACTOR AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . 2 FORM OF CONTRACTOR'S EQUAL EMPLOYMENT CERTIFICATION 1 FORMOF PERFORMANCE BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 FORMOF PAYMENT BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 FORM OF SUBCONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 FORM FO SUBCONTRACTOR'S EQUAL EMPLOYMENT CERTIFICATION . . . . . 1 CONDITIONS OF THE_ CONTRACT GENERAL CONDITIONS OF THE CONTRACT 19 (A.I.A. Doc. A201, 1976 Ed. ) SUPPLEMENTARY CONDITIONS Part 1 - Amendments to A. I.A. General Conditions . . . . . . 20 Part 2 - Additional Conditions . . . . . . . . . . . . . . . . . . . . . . . . 10 SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS IASection - Summary of WorK . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1B Section - Existing Conditions 1 1C Section - Temporary Facilities . . . . . . . . . . . . . . . . . . . . . 5 TABLE OF CONTENTS 1 ADDENDUM NO. 1 a � july 14, 1986 �101 16 IM STATE AIDED PROjECT 200-1 MODERNIZATION AT f'IHTi'Sr';iRE riEyi.7Hi ,7 OF MILDING IidSYECili,i+.) WINDOW !? =LACEMENT MA.OIGr"t NORTHAMPTON HOUSING AUTHORITY Receipt of this Addendum shall be acknowledged by inserting its I"!i;mber in the space provided on the Form I'Cyr- {feria_'"al Bid. SPECIFICATIONS It.:,m METAL WINDOWS, Section BE= A. PART 2 PRODUCTS; Add the following par]Grap•h_. "8E.216 INSULATION A. Batt Insulation -- ln a ced mineral fiber i nsu iat i=n mNW} ir q Federal Specification F.S. i1 521 E, Type I and ASTM Standard I:665-70. In=_.talled where indicated on tht 3 G drawings.. Bt B. _heet. Foam - Closed cell r+olcil.�r ethane foam as fabricated by Globe Rubber Works, In prin7} It_ldr '� . Cut to size required to f i l l all voids between aluminum window frame and existing rough opening. Minimum l.fl;>_t`.i'Ies shall be 2". When installed foam shall be compressed to approximately i: % of relaxed t h i ckne'ss. DRAWINGS !TEN 1-D ti. _I( i ELEVATIONS tiND DETAILS L= A. Attached find .j k e t i!: AD-! dated J l; l i y 14, .8 6 i n d i c a t i n g scope _. o .additional flashing to be installed ± brick/siding intersection an front t = a :i Is of tlai a ':I ' . END OF ADDENDUM NO. f TIMOTHY MURPHY, ARCHITECTS LIEUTEQ Q[F UMMS DCTUQIL 380 High Street HOLYOKE, MASSACHUSETTS 01040 DATE 717166 IJOB NO. d,5 _IV ATTENTION RE:To /y0R J"�,�MP Z'oi✓ ,r�3U/G _�t/�_A �&T /�(0 /ZA j AT /S t /R 210 // /// 5r #Af WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: N,"Shop drawings ❑ Prints Cp.--Plans ❑ Samples P-Specifi cations ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION i 2, EZAA15 'Z 5rreQr-1�4T/o tYS THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE JVG VZ l 19 86 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS INSP[r7 c, COPY TO SIGNED: PRGDUCT2403 �Inc.,Gr*%Men 01471. if enclosures are not as ndted, kindly notify us at once. C) 37 PROJECT MANUAL STATE AIDED PROJECT 200-1 MODERNIZATION AT HAMPSHIRE HEIGHTS WINDOW REPLACEMENT AL11 Tqc'/<s(31v 977 NORTHAMPTON HOUSING AUTHORITY JOSEPH DART, CHAIRMAN GEORGE J. O'BRIEN, EXECUTIVE DIRECTOR 49 OLD SOUTH STREET NORTHAMPTON, MA 01060 (413) 584-4030 TIMOTHY MURPHY ARCHITECTS 380 High Street Holyoke, MA 01040 (413) 532-7464 July 1 , 1986 f"11