[From the U.S. Government Printing Office, www.gpo.gov]
I I I I I I I I I I I I I I SPECIFICATIONS FOR: FALL'S TOWNSHIP WATERFRONT PARK I FALL'S TOWNSHIP PENNSYLVANIA HT I T35 I S"6'4 ,9" 1 I SPECIFICATIONS FOR FALLS TOWNSHIP WATERFRONT PAY TOWNSHIP OF FALLS FALLSINGTON,PENN@YLVANIA Uniplan a professional association of architects, engineers and planners 350 Alexander Street Princeton, New Jersey 08540 609-924-6789 30 June 1981 FALLS TOWNSHIP WATERFRONT PARK INDEX PAGE NO. GENERAL DOCUMENTS Title Page I Index 1-2 Advertisement for Bids 1-2 Instructions to Bidders AIA Document A701 1-4 Form of Proposal 1-2 Contractor's Qualification Statement AIA Document A305 1-4 Bid Bond AIA Document A3 10 1 Non-Collusion Affidavit I Certificate of Bidder Regarding Equal Employment Opportunity I Certificate of Proposed Subcontractor Regardinn Equal Employment Opportunity I Performance Rond/Labor and Material Payment Bond AIA Document A311 1-4 Standard Form of Agreement Between Owner and Contractor AIA Document A 107 1-4 Final Release and Indemnity Agreement I General Conditions of the Contract for Construction AIA Document A201 1-19 Supplementary General Conditions 1-7 Non-D iscrim,i nation Clause 1-2 Anti-Pollution Measures I Minimum Wage Rates and Modifications I DIVISION I - GENERAL IA General Requirements IA 1-3 IR Alternates IB I DIVISION 2 - SITE WORK ?AI Site Clearing 2A 1 1 2BO Excavating, Filling and Grading 290 1-5 2N6 Concrete Pavers 21\16 1-2 2r? Bituminous Concrete Paving 2P? 1-3 2V3 Lawns 2N13 1 -.1 2\17 Trees 2 \'7 1-4 2',V5 Park and Play Equipment 1 I@ IF)FX FALLS TOWNSHIP WATERFRONT PARK ADVERTISEMENT FOR BIDS The Township of Falls, Pennsylvania, will receive sealed proposals for the Falls Township Waterfront Park in the Township of Falls, Pennsylvania. 1. Time: 4:00 P.M. E.S.T. 2. Location: Falls Township Municipal Building, 285 Yardley Avenue, Fallsington, Pennsylvania. 3. No bids will be received or considered by telephone or telegraph. 4. Opening: 8:00 P.M. E.S.T. 5. Pre-Bid Conference - 10:00 A.M. E.S.T.' at the Falls Township Municipal Building. Proposals will be publicly opened and read by the Township of Falls at 8:00 p.m. E.S.T. The award will be made to the lowest responsible bidder based upon the base bid together with selected alternates as the Falls Township's interests may appear. - The bid documents for the project may be obtained at the Architect's office: UNIPLAN, 350 Alexander Street, Princeton, New Jersey, 08540, and at the Falls Township Municipal Building, 285 Yardley Avenue, Fallsington, Pennsylvania by depositing $25.00 for each set in the form of cash or check made payable to UNIPLAN. All documents requested to be forwarded to bidders will be at the bidder's expense and will be shipped via the best mode available. Deposits will be refunded to bidders upon the return of the bid documents in good condition within thirty (30) days after the bid opening date. Refunds to non-bidders will not be made after the bid opening. For the convenience of bidders, sets of drawings and specifications will be on file in the Architect's office, and at the Falls Township Municipal Building, 285 Yardley Avenue, Fallsington, Pennsylvania. Each bidder must submit the following documents along with the Form of Proposal 1. A certified check or cashiers check payable to the Owner in the amount of ten (10%) percent of the bid amount, or a Bid Bond in the same amount. 2. Non-Collusion Affidavit 3. Sepcrate-certificate of a Surety Company stating that it will provide bidder with the Performance and Payment Bonds required by these documents in the event a contract is awarded-to the bidder. 4. Contractor's Qualification Statement. Proposals shall only be submitted on the form of proposal provided and shall be based only on the materials, construction and equipment described in the specifications and/or on the drawings. ADVFRTISEMFNT FOR RIDS FALLS TOWNSHIP WATERFRONT PARK No changes in price or terms and conditions will be considered after the bids have been opened. This project is being funded through a grant made available to Falls Township from the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, U. S. Department of Commerce and therefore, federal prevailing wage rates, equal employ- ment opportunity and other federal contract standards shall apply. The Township of Falls reserves the right to mject any and all Proposals or any parts thereof, to waive informalities in the bidding and to accept Proposals deemed most favorable to the interests of the Township after all bids have been examined and evaluated. Interested Contractors are requested to notify the Architects, UNIPLAN, as soon as possible so that the necessary documents may be made available for their use. The agent or representative for the Owner shall be the Architects, UNIPLAN. END OF ADVERTISEMENT FOR BIDS ADVERTI.SFMENT FOR BIDS 2 INSTRUCHONS TO BIDDERS ARTICLE 1 2.1.3 li@, Bid i; ba@(_Id Ui-n the materials, s@@f@o-ns and DEFINITIONS C(ILlipilient required by the Bidding Documents without @Xception. 11 Ridding, Oocunierlk iIlClLIdV Ilw Advvrtic@vment of lti- Otation to Bill, Insti-LICtion,; to Bidders, tit(, hid form, other ARTICLE 3 sarriple bidding zinc] contract forms and tile proposed BIDDING DOCUMENTS Contra(-t I)o(tifilents including any Addenda issued prior to re(eipi of hids. 1he Contract POCLI11)(PlItS piopoSed for 3:11 COPIES the Work (-onsist of the Owner-Contractot Ailwernenf, 11-1' flidders nlay oblain complete sels of the Bidding file Conditions of the Contract (General, Supplementary Do(iinwiw; from tile i@So.lillg office designated in the Ad- in(] ()I her Conditionq@ , the I the Sper ifications 'C(I Wf It OT if I @ I ta I Ion to Ric] Ili the number and for tile "Ild all Addenda iS@Llffl piior to and all modific-ations dc`j-)()qIt '@Llfll, if any, stated therein. the depo@it will be i@L@Iled after owcution of Ihe Contract. refLinded in Riddcr@ vho @uhniit a horia hde Bid and re- 1.2 Ali dt,finitionS Set fottli Ili the (lencral Condition'; of Wrn tile BiddilIg 0MAHI)CnIS in good condition @Othin the ,'ontfaft for Con0ruction, AIA Docuw,,nt A20i, or wri d,i@ S after r(,( eipt of Bids. T lie ( ost of replacement of in o1her 0)n1ract DOCLIIIlel)tl; are applicable to the Bid- 111@ nllc@@ilig or dama,_,,d docomient, vAl 1)@, (!,,ducted (111)g I)0( 11111CV115. fron) the dcpoSit. A Bidder w(eiving I Contra( t award 1.3 Add(wla are wfitten or graphic ills if union IS is-@Lwd tnl@, retain (lie Bidding Documents and his depo5it Will be by ill(,, All hilect prior to the CXCCLItion of IhP C011trad lefunded. @\hi(h modifv or intotpiet tile Bidding I)MAiments by 3.1.2 Bidding Do(LIMCMS will not be iSSLICd (filectly to addition, dcloicinS, clatific,itionS or (orrc,(Iiow@. S1Ih-hi(l(k'I1'0r OtllUr@ Linl('S@ Sj)CCifIClllV offered in the 1.4 A Bld i'; a complete and plopelly Signod ptoposal to Adveiiiwment or Imilatioll to Bid. &, t1w Woik or deJgnaled portion fliewof for the SLIMS 3.1.3 BiddelS shall LISc ( ompiele sets of Bidding Docu- I-tipl.1101M 11WICill, 1,L)bIllitted ill aCCOIdanCe Vvith tile Bid- nwnts in pieparing BidS; twither the Ovvner nor tile Archi- (ling 1@wimwnt,;. WCI a1,',LIfII(2 all@l ie@poil,,lhilil@ for errots or micinterpreta- tioric. tc`@Ultirlg from the ti@e of incomplete set-; of Bidding 11.3 1hr Ila@(, [lid i,@ Ow '11111 slated ill ill,, Rid if)l \@llich the llidch,r offeis to polio ,fill the Will< de,,ciibed ill the 3.1.4 ill(, Owner or the Archilect in making, follies of Blddiflil I)()Cl,IIIICIIIS aS the ba5e, to whith \%oik mav be th(` Bidding, I@ailalilc oil the ahmi, winis do idded of Irom whi(h \%ork may be deleted for surns @10 (Irll\ for the f)LJrj)(',e (If ohtjiP;r1,q Bid@ on the Work St'Ited ill \Iterliate RidS. arld d'', i-t t-o,ifer .i er izr,int for at,\ ,':,nr u@e. '1.6 ,\if %Jto-riate Bid for \llprnmel i@ an anvikint @Iated 3.2 INIF.RPRUATION OR CORRECTION OF BIDDING ill Iho Bid to he addod to or dediwwd ftoni Ilw anwolnt DOCUMENTS I 1hi, IlaSo Bid if the (otte@pondirig change ill Ille Work, ,I I dowribod in the Bidding I)oc-unients, iS a(.ccpIed. 3. 2. 1 Bidder.,, and SLIb biddCIS 1,11,111 ptolliptly IIoIifV tile 1.7 A Unit Ptice iq ill aniourit st,it(,d Ili 1he Bid as a price All Ili((,( t of any ainbigiiily , in( owistem y or vitor whic.11 ills or wrvi(e- a,; de- per unil@of mea,.urement for inateri, (lwy Illay discovel upoll examination of the Bidding Doc- 11( lilwd in ill(, Bidding Documents or in the proposed unwnt,; or of the we and lo( al conditions, ( ontract Om'(111lentS. 3.2.2 lliddel,; @ind @tib-biddc@is rC(_jLIiIiIIj,1 (1.1fiticalioll or -1.11 A Biddoi ir I perSon ()I enti(y who Sublilil" a Bid. illif'rprel,111oll of Ill(' Hiddin 'L@ Doculneril'; @llall make a %Ytitlell le(jklest vvhi( h Shall tva(:h thc At( hite(@t at least 1.11 A "Ilh-hidder i,; a lier"wl oI ciltity \01o alhnlit'@ a bid dli@r ptior to the (late for receipt of BidS, I (i '.I M(lder for mateii.ils of labof for a portion of tile 3').3 All\ illiviptelation, coiw( tion or ch,inge of tile Wo I k. Bidding i locillnellfs will be lilm Ife by Ad(lendum. filter- prHaholl", wlw(liow, (11 of Ille Bidding 1)0(ti- -A R 1-1 C LE_ 2 m(,tit, nw(k- if) in\ -lilwi mannei @%ill not bc bindjnl@. and Bidd-r@ 1),ill not, wl@ upon @ijch interpretation@, correc- BIDDER'S REPRESENTAIIONS trollS and (hange". 2J 111(j) Bidder b@ makinj, his Ili(] wpwww@ Illat: 13 SUBS11101IONS 2.1.1 11C 1`10', Wad and LIIldPISI;ind1, 111P Bidding DOCLI- 3. 3. 1 1 It(, 111,11cli'll", ploducIS and e(p)ipinew doscribed inc,nis in(] his Bic] i,, mado in accoidance Owtewilh. ill tho Bidding I )()( unlent'; cSlablkh a standat(I of required 2.1.2 111, haS viSited Ow Site, ha- familiaii/f,d hirliSelf flill(lion, (]Ili)(- nSion, apiwarance and (ILIality to be met With I))(, local condition'; under vdli(h the \\'()Ik i,; lo he by ally propo"ed Sub'.1ifiltion. perfornw(f and li,-i,; c-ottelawd Ili,, ob-,erv,,fiow, .@Jlh Ille :3. :1.2 No @,kjb@litiition will bf, (owidered 1)tior to receipt .w(lililenwill'; of the plopov!d Coliltacl I)m(Illwill". of Bid" wtitlen wqkje'@t f0f apploval hw; been re- MA A701 ildli. klAIRICAN INSTIMIE Of ARCIIIIIJAS, 171-) MV, Wri@ NVr , NW_ @@AYII'4'(.I()N, D C. _'10006 A70 1-1978 2 ceived by the Architect at least ten days prior to the date sale proprietor, a partnership, a corporation, or some for receipt of Bids. Each such request shall include the other legal entity. Each copy shall be signed by the name of the material or equipment for which it is to be, person or persons legally authorized to bind the Bidder substituted and a complete description of the proposed to a contractt. A Bid by a corporation-shall further give substitute including drawings, cuts, performance and test the state of incorporation and have the corporate seal data and any other information necessary for in evalua- affixed. A bi submitted by an agent shall have a current tion A statement setting forth any changes in other mate- power of attorney, attached certifying the agent's author- rials, equipment or other work that incorporation of tile ity to bind the Bidder. substitute would require shall be included. The burden 4.2 BID SECURITY of proof of tile merit of the proposed substitute is upon 4.2.1 If SO slipulatedqlated in the Advertisement or Invitation the proposer. The Architect's decision of approval or dis- approval of a proposed substitution shall be final. to Bid, each Bid shall be accompanied by a bid security 3.3.3 If the Architect approves any proposed Substitution. in the form and amount required by Article 9 pledging prior to receipt of Bids such approval will he set forth in that the Bidder will enter into a contract with the Owner an Addendum. Bidders shall not rely upon approvals on the terms stated in his bid and will, if required, furnish made in any other manner. bonds as described hereunder in Article 7 covering the 3.3.4 No substitutions will be considered after the Con- faithful performance of the Contract and the payment of tract award unless specifically provided in the Contract All obligations arising thereunder. Should the Bidder re- Document. fuse to enter into such Contract or fail to furnish Such bond,; if required, the amount Of the bid security shall be 3. ADDENDA forfeited to the Owner as liquidated damages, not as a 3.4.1 Addenda will be mailed or delivered to all who are penalty. The amount Of the bid security shall not be for- known by the Architect to have received a complete set feited to the Owner in the event the Owner fails to of Bidding Documents. comply with Subparagraph 6.2.1. 3.4.2 Copies of Addenda will be made available for in- 4.2.2 If a surely bond is required it shall be written on portion wherever Bidding Documents are oil file for that purpose. AIA Document A310, Bid Bond, and the attorney-in-fact who the bond on behalf of the surely shall affix to the bond a certified and current copy of his power of 3.4.3 No Addenda will be issued later than four days attorney. prior to the date for receipt of Bids except an Addendum 4.2.3 The Owner will have the right to retain the bid withdrawing (lie request for Bids or one which includes postponement of the date for receipt of bids security Of Bidders to whom an award is being considered until either Contract has been executed and bonds, 3.4.4 Each Bidder shall ascertain prior to submitting his bid that he has received all Addenda issued, and lie shall if required, have been furnished, or the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids acknowledge their receipt in his bid. have been rejected. 4.3 SUBMISSION OF BIDS ARTICLE-4 4.3.1 All copies of the Bid, security if any, and BIDDING PROCEDURE any, other documents required to be submitted with the bid shall be enclosed in a sealed opaque envelope. The 4.1 FORM AND STYLE OF BIDS envelope Shall be, addressed tO the party receiving the 4.1.1 Bid,; shall be submitted on form identical to the Bid and shall be identified with the project name, the form inluded with file Bidding Documents, in the quan- bidder's name and address and if applicable. the desig- ity required by Article 9. natural portion of the for which the bid is submitted 4.1.2 All blanks on the bid form shall shall be filled in by If the bid is sent by mail the sealed envelope shall be typewriter or manually in ink. enclosed in a separate mailing envelope with the notation 4.1.3 Where,so indicated by the makeup of the hid "SEALED BID ENCLOSED" on the face thereof. form, sums shall be expressed expressed in both words 4.3,2 Bids shall be deposited at the designated location and in case of discrepancy between the two. the amount prior to the time and date for receipt of bids indicated in written in words shall govern. the Advertisment or Invitation to bid, or any extension 4.1.4 Any interlineation, alteration or easure must be thereof made for receipt of bids will be returned unopened initialed by the signer of the bid . 4.3.3 4.1.5 All requsted Alternates shall be bid. It no change, in the Base Bid is required, enter "No Change 4.1.6 Where two or more Bids her designated portions 4.3.4 Bids are invalid and of the Work have been requested, the Bidders max with- will not consideration out fortertune of his bid security, state his refuseal to accept 4.4 MODIFICATION OR WITHDRAWAL Of BID award of less than the combination of Bids lates the Bidder shall make no additional 4.4.1 A BID MAY NOT BE MODIFIED, WITHDRAWN or canceled the bid form nor qualify his bid in any other manner. by the bidder during the slipulated time period following 4.1.7 Each copy of the bid shall include the legal the time and date designated for the receipt of bids, and of bidder and a statement that the bidder is each bidder so agrees in submitting his bid. AIA Document A701-Instructions to bidders- -May -a - 3 A701-1978 The American Instutl of arc NEW YORK AVE. NW Washington, D.C. 20006 AVE. , NAV ~0 4.4.2 P~iior to ~t~qh~e ~qf~qir~n~e and date d~o~-~@~qi~g~na~t~od f~t~o ~qw~o-~cipt 6.2 0~X~%~NFR'S FINANCIAL CAPABILITY of Bids, any Bid ~s~t~i~qh~i~ni~t~t~e~qd ~qm~a~@~, be modified or ~%~% i~thd~rawn 6.2.1 ~q1h~e Owner shall, at the r~e~(~qI~t~i~e~st of ~Ih~e Bidder to ~b~y notice to tile party ~i~e~c~eivin~qg ~qBi~qd~,~@ ~a~l t~qi~t~(~, pl~a~(~e d~e~s~qig- Wh~o~i~l~l ~a~%~'~-~ard ~Of a C~O~n~t~r~d~qd i~l~, under ~(~on~sid~erati~on ~an~qd no na~~d for receipt of Bid,;. Such n~o~li~(e shall he i~t~i ~qw~t~qiti~ng later [hall ~s~e~%~en d~a~qy~5 prior to t~qhe expiration of t~qhe time ~V~r tile ~Sig~l~l~a~tLl~ie of t~qhe Bidder or ~qbv te~ql~c~qg~t~a~n~i: if by for ~\~%~qi~t~qlid~qw~qwal of Bids, f~Urn~qi~qh to (lie Bidder r~e~a~@~on~able t~~l~~-~tan~i, ~qw~ti~t~ten confirn~i~a~lio~n~*o~%~e~r ~t~qh~e ~si~q~il~a~h~i~r~e~. of t~qhe ~ev~qid~e~n~t~e ~l~ql~qmt tile Owner l~m~,~@ made ~qfin~inci~al ~arr~an~v~c~n~i~ent~s Bidder hall he mailed a~n~qd postmarked o~i~l or before tile to f~UlfIl~ql ~q01~0 C~ont~i~a~ct obligations~. Unless Such ~r~e~,~1~50n~ab~qle date and time set for receipt of Bids, and it shall ~ql~ie so evidence i~s furni~,~;h~ed, tile Bidder will ~not be re~(~qjU~qi~red to worded as not In ~i~eve~al the a~lT~I~OU~nt Of tile O~li~g~qi~n~al Bid. (X~CC~Ll~t(~I the Owner-Contrac~tor Agreement. 4.4.3 Withd~iawn Bids may be r~0~s~Ub~t~f~li~lt~0qH Up 10 the time designated for the receipt of Bills provided that they ate 6.3 SUBMITTALS th~r~l fully i~n conformance with t~qhese Instructions to 6.3.1 I~qli~c Bidder shall, within seven days of notification Bidders. of ~s~el~f~-~c~lion for t~qhe aw~a~id of a Contract for t~qhe Work, 4.4.4 Bid ~5~C~CUrity, if any is r~e~(~qJ~Ui~l~f2~qd, be ill all S~UbMi~t file following information to [lie Architect: amount sufficient for t~qhe Bid as modified or resubmitted. ~.~q1 a d~es~qig~n~a~t~qio~l~l of (lie Work to ~qbe performed ~qby the Bidder with his own forces; ARTICLE 5 .2 file proprietary names and ~t~qhe suppliers of princi- pal items or systems of materials and equipment CONSIDERATION OF BIDS proposed for the Work; 5.1 OPENING OF BIDS .3 a list of names of ~t~qhe Subcontractors Or other per- 5.1.1 ~qUn~ql~o~s~s stated otherwise i~n the A~qdv~e~rti~,~@~enwnt or sons or entities ~q(~qi~n~C~ql~Ud~qi~l~1~qj~; t~qhose ~%~%h~o ~ar~e to f~Urni~sh Imitation to Bid, t~qh~e properly identified Bids ~i~e~c~eiv~ed on. ~qm~a~l~er~qi,11~S Or' ~C~(~qI~L~lipmen~t fabricated to a ~,~qpecial de- t~rl~i~e \%ill be ~O~qp~e~r~l~ed ~J~I~L~J~qI~)~qIiC~ql~@~' Mid ~Vi~qll he ~1~C~ld ~1~q1~0U~(~qI~. ~qAn sign) proposed for t~qhe principal portions of the ~b~,~;~tr~a~i-~t of the Base Bids and Alterr~i~.~i~t~e ~qB~qid~@~. if all\,, \%ill Work. IThe Bidder \~@i~qll ~q"~C~' ~'(2~C~qIL1ircd to to t~qhe sat- he made ~qw~a~qi~ql~able to Bidd~e~i~5~. \%hen it h~a~c~, ~qI~,~c~e~ii ~5t~a~ted 6.3~. ~, 1 ~1~, ~, that Bids will ~qb~e opened p~l~qiv~a~l~e~ql~qy~, all ~ah~@~;~k~a~o~t of ~t~qhe ~i~q~l~a~(~t~i~o~n of ~t~qh~e Arch~i~t~o~,~(~t and t~qhe 0~,~,~%ne~r ~t~qh~e reliability ~~~qm~(~, information may, at tile discretion of ~t~qh~e O~qw~n~or, and responsibility of ~t~qh~e p~e~i~son~s or entities proposed to lie made available to t~qhe Bidders within a reasonable fU~l~ni~Sh and perform the Work described in t~qh~e Bidding time. D~OC~L~U~P~O~qW~5. ~1,2 P~I~qJ~ICTION 0~1 BIDS 6.3.3 ~qP~i io~t to t~qh~e a~@~%~ird of t~qhe Contract, t~qhe Architect vJ11 notify the Bidder i~n ~v~,~'~i~qit~qin~qg if either t~qhe ~4q0~~,~"~i~l~er or tile 5.2.1 ~rl~qw ~q0~@~%n~er ~sh~,~ill h~a~%~c the r~i~@~qd~it to ~qw~qj~o~(t any or all A~i~r~ql~u~t~c~o~, ~l~qf~t~r~,~r d~u~Q ~in~%~c~@~i~q4~,~,a~t~i~on, has r~e~a~"~on~ah~ql~e ~o~qb~qj~ec- Bids and to reject a Bid ~no~t ~ac~co~qmpa~l~l~qi~cd by all"', required ~t~qi~on to ~;mv ~s~t~i~ch p~t~up~o~s~r~,d p~e~t~s~o~n or entity. If the Owner bid ~qw~cmi~fy or by Other d~a~l~a requited by ~I~qll~o~, Bidding o~r A~irhi~l~e~(1 ~qh~as r~c~.~i~,~@~or~iahl~f~, ~oh~qi~o-~,~ct~qio~n t~o my such ~qpro- ~~( L~J~IM~'~l~l~t~l~@~, M~* ~to reject a Bid which is i~n any w~,~iy ~qI~)o~,~,~(~,~(l person or entity, t~qh~e Bidder ~qm~ay, at ~qhis option, ~~1~(~'~I~e Or i~t~t~(~'gU~ql~d~f. (~1) \~%i~thdr~aw ~qhis Bid, or (2) ~s~ub~i~ni~t a~l~l ~1CC~C~l~)~t~1~lh~qI~e ~5UhS~Ii~- ~5~~q3 ACCEPTANCE OF BID (AWARD) ~t~ut~f~, p~o-~qm~i ~qm entity ~%~,~@i~lh in ~ad~qiu~c~ime~nt in ~qI~'~i~@ hid price 5.3~.~1 It i~" the intent ~(~)~qf ~t~ql~,~(~, ~4qOv~.n~c~i If, ~i ~q(~(~in~tr~ac~t ~t~" ~(~(~"~e~l ~I~ql~l~e d~i~f~qf~e~r~e~qm~o ~i~t~) ~(~t~)~@~t ~(~i~f,~~c~a~@~qt~o~i~i~ed ~qi~)\ ~s~qm~qh ~@~u~qb~s~ti- to Il~qw ~ql~f~)\~%~e~@~t responsible Bidder p~l~ov~qid~ed Il~l~e Bid h~a~'~; ~h~i~li~o~n. I~qlw ~4q0~@~%ncr l~l~h~l~q@~, A ~ql~li~l~@ di~s~L~I~C~ti~O~l~l, ~qM~(C~ql~I~t tile ad- ~1w~e~l~l ~'~a~lb~i~l~l~qi~t~t~ed ill ~qm~(~o~td~m~lc~e will) t~q1~qw w~(~I~t~l~i~l~e~n~l~en~t~'~; of ~qj~l~l~"~tcd bid p~l~qic~e ~o~r he ~1~1~qm~qy disqualify ~ill~e Bidder~. Ill ~t~qh~e tile Bidding Documents~, and ~(~qIOC~I~; 1~10~1 ~(~'~X~(~P~e~qd Il~l(~' funds event of either w~qi~thd~i~'~lw~a~ql or di~M~qI~L~I~d~qli~qfi~G~i~li~o~l~l m~id~er t~qhis available ~I-h~e~~8qOwn~o~r shall have the right to w~i~l~qiv~e any S~ub~ql~mr~a~kr~aph~, ~qbi~qd ~s~e~curily will ~not be forfeited, r~l~(~)t\~,~vit~ql~l~- informality or i~i~i~-~eg~u~ql~ati~t~qy i~n any Bill oi- ~Hid~@ received and ~s~k~indin~qg ~Ih~e provision,, ~(~if Paragraph 4.4~q1. to accept ~Il~i~(~, ~qBi~qd o~r~- Bids which, i~n his judgment, is in his 6~0q3.4 ~qI~l~er~qon~, ~a~i~i~i-~qI ~e~i~i~ii~ii~e~s proposed ~qhy ~t~qh~p ~qB~I~(I~qd~e~l~- and to own ~qbe~@~;~l interests. wh~o~in the Owner a~n~qd the Ar~i: ~qI~li~[~(~,~( I have made no ~r~e~as~o~ln- ~1~q3 ~* 2~~q1h~, Owner* shall hive he right ~to ~,~(c~(~,~q,~)~f Alter- ~"~q'~)~q"~' "~q"~qj~e~( lion under the provision~, of Subpa~,~a~j~,~,~,~,ph 6.3.3 ~~qm~e~s i~l~l ~iny order o~r~- ~(onibin~a~lion~, otherwise r~l~i~qw~,~t he ~t~i~-~ed on the Work for which they w~e~qw proposed ~~jr~(~,~( ~qi(~qi~( .111~%, provided i~n A~t ~tic~ql~e ~9, and to d~v~i~c~t~i~ni~n~e ~t~qi~t~(~, '~i~nd ~'~;~qI~1~,~1~q1~q1 [lot be ~( hanged ~(~,x~( ~ept with t~qhe written consent ~l~~%~v ~qk~id~qd~c~l oil ~ih~e b~a~"~i~s ~O~qf ~Ih~e ~s~t~im ~Of t~qi~t~(~, ~qB~1~1~1~4~1 ~qB~qi~qd and of t~qi~t~(~, ~4q0w~ner a~nd [lie A~r~(hi~l~e~ct. ~I~l~i~, A~ql~l~er~qm~l~l,~s ~1-~ic~(~ep~t~ed~. Alt I ICLE 7 ART~8qI ~q'C ~q'L~6qE~-6 P~2qERFOR~2qNAA N C~8qF BOND AND LABOR AND MATERIAL PAYMENT BOND ~2qP~12qO~2qS~8qI~q' ~8q1~8q311) ~2qIN~2qF~16qOR~2qN~12qM~2qI~12qON 6.1 (~-ON~qTRAC~qI~2qOR~q'S QUALIFICATION S~qIA~qI~qL~qI~qV~qI~qEN~qI 7.1 ROND ~2qUQUIR~qIMENIS 6.1.1 Bidder~q, to \~q-~q,h~qo~8qm ~qa\~q%~qard ~qo~8qf a ~0q(~qf~ql~qr~qi~qt~qr~q,~qi~q(~qt ~4qi~q, under 7~q.1.1 ~0qI~q'-i~q(~q,r ~ql~qo ~qe~qx~qe~q(~qt~qit~qi~qo~qn ~q(~q)f ~qth~qc~@ if r-~qc~qf-~qj~quir~qed in ~q(~q)~q[~q1~q6~qf~8qi~qf~q'~qr~q-~qd~qi~qon ~2qd~qi~qa~0qll ~q'~q,~quh~4qmit to ~qIh~qe .~q,\~qr~q( hi~ql~qf~q,~q( I, ~qt~i~ql~4qm~qn r~qc~qq~qu~qe~q@~qt, A~q1~q1~04q0~qc (I h~qe~qr~qc~0qi~qf~ql~qif~qt~qe~qr~q. the Bidder ~2qJ~qi~qall fur~qi~qli~8qd~qi ~2qh~4qm~qid~q, (over- ~0qI-~00qw~qe~ql~8ql~4q@ executed A~qIA DO~q( ~qt~qi~qr~qn~qo~qr~qit ~qt~qor~q'~qc~q' ~0qi~qr~ql~q@~q@ ~qtl~q1~qf~q' f~qd~0qi~qth~0qf~qU~4ql ~0qj~q)~q(~q'r~4qf~qO~ql~q1~ql~qM1~ql~q( (I of t~2qi~qt~q(~q, ( ~q(~q)~qr~qj~qt~qj~q,~qj~q(~q'~qt a~qn~6qd tile ~8qQ~qu~qa~8ql~0qi~ql~0qk ~q'~qA~ql~4qi~qo~ql~ql ~4qS~q1~q1~-~q1~qt~qe~ql~ql~qi~qe~qn~qt~q, ~qun~8qIc~q"~qs ~qS~qi~qr~q( ~2q1~q1 a ~8qS~qI~q'~ql~ql~qe~qi~ql~ql~qf~q,~ql~qi~qt ~8qI~qm~q" h~qe~q(~qq~q) ~0qj~qm~0q@~qf~qlw~ql~ql~ql ~q(~4q4 ~8qA~2ql ~qo~2qb~8ql~qi~qg~q.~q1~qt~0qi~qo~ql~ql~q'~q; ~q'~q1~q1~0qi~q"~4qi~qn~qg~q, ~qth~qer~qe~qt~qin~8qd~qor i~qn such f~qorn~q) p~4qWVio~q1~q1~q'~q,~8qI~qy ~8qW~q(~0qJUi~qt~qo~q?~2qd ~q@~qI~ql~qld ~q1~q;UbMi~q(l~q(~q1d as a t~q0 ~qd~qf)d ~q0~q1~qT~qI~qQ~qU~qO~qt 1~q1~q; ~qIII~qQ (~q)W~qt~ql~q(~q, ~q1~q* May p~ql~qe~q"~qc~qr~0qi~2qb~qc~q. Bond~q,~q; ~qI~ql~ql~qa~qy ~2qb~qe the i~qs~q@~q,~qu~q,~qinc~q@ of Bidding ~qI)~qO~qCL~qjr~qi~qi~qent~q@~. ~qt~qi~qr~q"d through Ill~q,~q, Bidder's ~qu~qs~qu~q,~-~8qf~8ql If the furnish- AIA D~qO~q(UM~qENT A701 ~q- ~qI~qN~qS~qIR~6qM NON~q, ~2qM M~qiRD H~q)H~qI~qON MAY ~qV~q1~q78 ~q- A~qIA~q"~q) ~q- ~q'~q)~q1~q1~q1~q7~q1~q3 VIE AMERICAN INSTHUTE Of ARCH~qI~qI~q[C~qI~qS, 1735 YORK AVE., NAV.~q, D. C 2~q(~q10~q06 A701-1978 4 0 in, f ;qmh bond- i@ stipulated hereinafter in Arti(Je 9, qmll ho rtt-ri on AI- D,)curne-t A,11. Performance tile Cost Shall be inCqILJQd in tile Bid. qRorlqd inqd qkibor ind Nqtdeqn,il Payment Bond. 7.1.2 If file Owner has reetved Ihe right to require that 7.2.3 Jhe Biddor Shall require thr allorney-in-facl who bonds qbe furnqkhed SIb5(1(qILICIlt to fhe cx(,( ulion of tile excrufe,; the re(qILJir(?(ql honqdson behalf of tile surety to ontract, tqhe cost shall be adjusted as provided in the affix Iqlioreto I certified anqd current copy of his power Contract Documents. of attorney. C7.13 If th(- Owner re(-lqire,; thit bonds be oql)tained from other than file Bidder's USUal source, any change in cost ARTICLE 8 will be adqjijctPd as piovided in the Contri(:t 0ocunlents. FORM OF AGREEMENT BETWEEN OWNER AND 7.2 IINAIE OF DELIVERY AND 17ORM OF BONDS CONTRACTOR 7.2.1 Tile Bidder Shall deliver tile required bond,; to the 0ner not later than Ilie date ofeect.4q(,n of (lie Con- 8.1 FOR@i TO BE USED tract, or if tile Work is to be cninnieqwed prior thefeto in 8.1.1 Unqles,; otherwi5e requirc @d in tqhe Bidding Docu- ponqe to I letter of intent, the Bidder sh,ill, prior to rneiqW, the Agreement for the Work will qbe qwr'qitten of) rmen(enient of tqhe q@qVoik, Submit evidence Satisfactory AqIA qPoctrinent Aq101, Standard Form of Agreement q13e- t tile 0WIler that 50ch bonds will be furnished. twen q()\vner and Contractor, where the basis of payment 7.2.2 Unless otherwise required in Article 9, tile bonds is a Stipulated Sum. ARTICLE 9 SUPPLEMENTARY INSTRUCTIONS A IA q0q0( Uq@i IN I A 701 IN I qK I'( I Ifq1 1q111 )1q1q1 qRq@ I I I I qRf I I )I 11)qN MAN ITqSq\q1 1978 5 2qA701q-1974q8 11 qLq:qIq( q@q@qj INq@ 11 IU I F Of AqU 11111 IS q1q,q7q3q5 Nq1 W YORK @ IqN W., WAS! q1q1q"'qC IONq, q1). C. q2q00q06 FALLS TOWNSHIP WATERFRONT PARK FORM OF PROPOSAL FOR SINGLE LUMP SUI\/@ BID PROPOSAL OF FOR THE FALLS TOWNSHIP WATERFRONT PARK FOR THE TOWNSHIP OF FALLS, BUCKS COUNTY, PENNSYLVANIA TO: The Township of Falls 285 Yardley Avenue Fallsington, Pennsylvania 19054 Gentlemen: Having carefully read and examined the Instructions to Bidders and the Specifications and Drawings titled "Falls Township Waterfront Park" and having inspected the premises and conditions affecting the viork, the Undersigned proposes to furnish everything called for by the said documents, for the sum ofi Dollars ($ for the Base Bid Work ALTERNATE BIDS ADD DEDUCT No. I Deleting the paving, trees and furniture of the southeast portion of the picnic area No. 2 Adding the removal of undergrowth and small trees along the southeast edge of the site If he be notified of the acceptance of this proposal within forty five (45) calendar days of the time set for the opening of bids, the Undersigned agrees to execute a Contract for the above work, for the above stated compensation, and in the alloted time. The Undersigned further agrees, if awarded the Contract, to execute and deliver to the Owner at the time of signing the Contract, a surety bond in the amount equal to the total sum and in a stipulated form. The sufficiency and legality of the bond shall be determined by the counsel of the Owner, whose opinion will be final. Bidder acknowledges receipt of the following Addenda: Addendurn Number Date of Addendum We propose that all work will be substantially complete within one hundred eighty (180) calendar days following the date of contract signing or receipt of Notice to Proceed whichever is first. FORM OF PROPOSAL FOR SINGLE LUMP SUM BID FALLS TOWNSHIP WATERFRONT PARK PROPOSAL OF FOR THE FALLS TOWNSHIP WATERFRONT PARK FOR THE TOV,INSHIP OF FALLS, BUCKS COUNTY, PENNSYLVANIA Attached hereto is an affidavit in proof that the undersigned has not entered into any collusion with any person in respect to this proposal or any other proposal or the submitting of proposals for the contract for which @his proposal is submitted. Also attached is a Statement of Bidder's Qualifications. The Bidder represents that he (has) (has not), participated in a previous contract or subcontract subject to either the Equal Opportunity Clause herein or the clause originally contained in Section 301 of Executive Order No. 10925; that he (has) (has not) filed all required compliance reports; and has representation indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to sub- contract awards. The Bidder further represents that he will, if required, submit, and require proposed subcontractors to submit, a compliance report prior to the award of the contract or subcontract. (The above representotions need not be submitted in connection with contracts or subcontracts which are exempt from the clause). DATED: SIGNED: (All signatures are to be in lonqhand) Signature of Bidder: By: Tel.No. Address of Bidder: END OF PROPOSAL FORM OF PROPOSAL FOR SINGLE LUMP SUM RID 2 0 qI8qIqAL A2qNAqLq1q"qICA0qN INS-1 11 U I L' OF AR6qCHqI I LqCT8qS AqIA 0qmimtif AM Contractors Qualification Statement of to q1qwq/ 2qylqffic,111n stIff,it'rit it) ()f of qwrlfrqxq; am/ Iqd qhqy qTh" Allic'm qm)q/qmOqt4qWe ()q/ q( hlucts aqmit qFhe A@s((1p1pqGencf1qd qCnlwcfos f America. The 6qUnqdqerq5qiuiqwd qcqcrtiqheq und-r- (qm1h the qIrUqth I-Im) crrecqtncs of all statements and of iqfqll aiiswqerqs to questions fudde hereinafter. SU qH M If I[ 0qD TO: Co, por a I i(,n q1qI f I n c rI i I qd i " i qd I I I qFD 1q3 qY: 1()il)t \/('I)tLJ((' qLqj qr"A q1" 1 : ( Wier 'A I) 1 q1, 1 qY@ qPqR I qr,qI I qPA qL 0 1 F I qC qE (Not,: A(t,ich Separate 5q1icc(s As Requited) *I hqx; q)qmir m.irii.Hqioii qlwi,n ll qhiql"IM, A rqm,, q11, \ Il 11 qm I qheell in 1.0 11 qw1qj)('1q,1qMI 8qm4qp0qqoql2qmql qc-prqeq@2qidqq.ql12qWS ql6qu2qmqc8qk0q) A 1A DM qJ I V I qP qJ-ql 11 q1q1 Y, Al I 11q,q1 qINqIqI I I Ill 1 q1q1q,q'( qIMq,q( q1q1, 0 4.0 if individual or phip Ow fllinf: 11 Pate of 4.2 Name and ddr- of all p 1pp1pp or hqw-1 pa-rEo @ afqlneishiql), descriql)e mqgqmizition and name principals 5 0 If other than coiporaqtion or p, 6.0 We normally perform of the work wilhqmir ov,,n qfoi(es. List trades below: 7.0 q1q1,110 YOU ever failed to coqmpqloc any work aqwardcd to you? If so, note when, where, and why: AIA q1)(q)q( q1q)q&qiql NT qAq3q0q"q. q)qtq@ qIqP2qM qH qWq"q, q(q,q@qI Iq.q` Ill qf( \I 1q( q@t Iq'q,l`AqlqM2qMqT q1.1 I'll q@q.qIlqlql q1q@ qVqIqWq) 1 q1q111 1q( 8qMAqlq" 1q9qW) HqR AqMLqRICq.AqN IqNqSq1q1q1q0q11 01 AqR0qUqIqIqJqIqCqPq@q, 1,q1qlq'q) qN q@ )I'. AqVqI. , qN q%V , 0qWqVqA f IN(q, q1 ON, D. C. 20006 0 .0 1 L any ff r or p I of (,fir mgmilim - r 1 on m ffr rr rr prr f ;r - :- ztin that failed to complete a ntru-lin tr OqV ircuqwnce: 9.0 2qUqt iqmmr, of prnqiort, olvilrr. arqiii1erql, ron.q11,1rt anifilinqt. qlN( Pill roqmqik q1(' and qlieduqled coniltion (if qtqhe major construction prnqle( Is yoUr organization qlias in process on qtqhis cqlaqte: .1q0q() 1 j-;qI tile naille of proqjinqt, orivr, qw(hiqle2qd, ronirqm I imolnt, date (if compl4q0i, [wrcenqt of nrk with owii forces of Ow major pqjv( is yourorqgaii.i.ition has ompqit-qted in the p.1 five years: AIA DqOq(qOMqIqFqIqF Alf)', qI-qP 'q; I'll, Pq?q6q9 fill A0qMqIRqIqLAN INSqL2qM 0q1 AM 1q11q11q1 1. q1q1q1qq14.qV. A[ ,N.q"q'q. 1q1. qC. 200q06 3 11.0 qUt th cnctrtin xp.i of Ilv prim ipl iilivdl (if your of gi lion: 12.0 List slites and caqlegories in which vrqmr organization is qlvqg-iqlq1v rqpialifif-d In d) isqilless: 13.0 Tradc References: AqIA qIq)qM qIqIqNqIqINqI AID".*( QqJAI IM -kilt qvql 8qWIqAq'qlql qIq-q1q1q1qqHq.q1q1q1q1q1~q! ~q1~q1~q1~qF~q.~q1~q1 ~qf~ql~qi~ql~ql~ql~q(~q)~q?~qJ I AIA~q"~q-~q* 4~1 fill AMqIq.RqIq( AN qIqNSq11q0q1q1.q0I AR( HIM IS, MIS q1q4 Y. AqVqI q, NAVq, qVq.qPAqMqIqIqNqN, 1) ~q2~q1~q1~q0~q0~q1~q, H.0 Bank RIrnc: 15.0 Name of Bonding Company ind naryle and address of aqgeril: 16.0 A1,1ch qlqpmvnqi of Fiaqmi,il ondilioqm, in( qludinqg q(onqmqom, laqlcqt reguar daivcl qlipanciaql s qm 1 Ills ce qt which imisqt contain Ilqw I III I g ite. Ctirrent Arreqfc: 8qWarqli, joint vvnitir acqmunts, ft1.1111o(f.qivaqliqlf. r1o'r Itceqi1q11q1o. atcrurd interest oil notes, deposits, and maqteqdals and prepaid expenses), npqt fixed assets and other assets. 0qCiiirprit I qiahqiqliqtiv: (Ac-cminiq paqk., noqlvS artil inqivirqi on rfiqtv;, provqkion for qill(oille tax(",, advalicF fr(mi oqwivr;, ritwrql ,iqlariv;, aft itoqrl p-woll rlq1qlIr!r liabilities, and capqiqtaqi (capital sloc k, authorized and ou8qmanding shares par values,carned surplusq). Date of statement or baqlarice sheet: Name of firm pieparing sqtalenqwnqt, AIA DO2qUqI qMqf qN I A q1q11q1q, If (qpq.,I qpq.qr q1q(q)qp -.,IF if qr I( I-! qrq.q1 I I q@q.qJql q.q.q'q I I -..I' I': Iq'll-~ I "q@ql qPq16q9 Tq11F AqMqIRqICAqW 8qw6qmqu2qn or ARC q11q1q1q( If. 1q7q1q1q, N. qV. '[. NAV , WAqYqI4qNqO4qMN, 1). (q'q. 2q0q1q1q0q6 17.0 Dated at this day of 19 Name of Organization: By: Title: 18.0 M being duly sworn deposes and says that he (she) is the of Contractor(s) and that answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of 19 Notary Public- My Commission Expires: AIA Document 1969 The American Institute of Arch N. Y. AVE . N.W. Washington., D. C. 20006 6 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe as Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NOW, THEREFORE, if the -Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract .With the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Prin(ipal) (Seal) (Witness) (Title) (Witness) (Surety) (Seal) (Title) AIA DOCUMENT A310 - BID BOND - AIA e - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 FALLS TOWNSHIP WATERFRONT PAR@< NON-COLLUSION AFFIDAVIT Project: Falls Township Waterfront Park Rid Due Falls Township, Pennsylvania Date: STATE OF PENNSYLVANIA SS: TOWNSHIP OF FALLS I of the City of in the County of and the State of of full age, being duly sworn according to low on my oath depose and say that: I arn of the Firm of the Bidder making the Bid for the above named Project, and that I executed the said Bid with full authority so to do; that said Bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named Project; and that all statements contained in said Bid, and in this affidavit are true and correct, and made with full knowledge that the Township of Falls relies upon the truth of the said statements in awarding the Contract for the said Project. Subscribed and Sworn to before me this day of 19 Notary Public of My Commissi-on expires 19 NON-COLLUSION AFFIDAVIT I CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (0 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions. such bidder shall be required to submit a compliance report ithin seven calender days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name: Address and Zip Code: 1. Bidder has participated in a previous contract or subcontract to the Equal Opportunity Clause. Yes No (if answer is yes, identify the most recent contract.) 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes No (if answer is yes, identify the most recent contract). 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. YES No None Required 4. If answer to item 3 is "No." please explain in detail on reverse side of this certification. Certification-The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) Signature Date CERTIFICATION BY PROPOSED SUBST REGARDING EQUAL EMPLOYMENT OPP0RTUNITY NAME OF PRIME CONTRACTOR PROJECT NO. INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 1219-25). The implementing rules and regulations proxide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotations of the contract whether it has participated in any previous contract or sub- contract subject to the equal opportunity clause; and, if so, whether it has filed all compliancc reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable in- struclions, such, subcontractor shall be required to submit a compliance report before the oner approves the sub- Contract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION Subcontractor's Name: Address: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes No 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes No 3. Bidder has filed all compliance report, due under applicable instructions, including SF-100. Yes No None Required 4. If answer to item 3 "No", please explain in detail on reverse side of this certification. Certification-The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (Please Type) SIGNATURE DATE THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Contractor, and, as Surely, hereinafter called 5urety, are held and firmly bound unto as Obligee, hereinafter called owner, in the amount of Dollars 5 for the payment whereof Contractor and Surely bind, themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has, by written agreement dated in accoordance with Drawings and Specifications prepared by which contract by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT AHI PERFORMACE BOARD AND LABOR AND MATERIAL PAYMENT BOARD AIA HERHARY PRO ID THE AMERICAN INSTITUTE OF ARCHITECHTURE MANY ACE NW WASHING DC ~0 1`~1p~~964;956;84;76q0~~@~, T~~U~~~R~, ~~i~ ~~~~~,J~~ ~~~ Till', ~ r~~ I(- ~~ ~~~ ~: r ';aid Co~l~itra~c~i, then this oh~ql~i~g~a~t~i~o~n ~qO~iall be n~t~ill ~i~nd ~o~th~I~r~v~.i~,~c it ~@~qI~wl~ql r~en~i~a~qm in ~t~ull force and ~ef~i~ec~t. ~qIh~e Surety h~er~ob~% ~%~@~aiv~e~c~, n~(~~)~Ii~(~(~, of ar~iv ~ilf~e~r~a~li~on or ~(~q1~q0~,m~ql~f~, ~i~in~qd~(~,r ~1~q1~qW ~(~qW~l~Ir~,~~(J` or r~o~r~i~fr,~j~r~t~@ ~(~~qf ~(~(~l~r~l~l~qp~ql~@~fi~on extension ()I time made bv ~t~qhe o~v~,~,n~er. tinder th~i~@ par,~u~@~-~!~p~qh~ ~u~qff~~c~i~,~,r~i~t f~ur~)~(~qk ~,~, ~P~,~i~v the \\~'h~e~r-~i~p~.~f~,r ~qC~on~t~r~i~rt~or !),ill ~qJ~,~o~ ~j~n~@~qj ~qJ~,~. ~0q0~%~%~n~p~r ~o~0 ~O~f ~l~f-~@ ~i~l~l~,~- ~1~"~l~l~"~qm ~" ~(~~)f tile to he it) ~qdr~qf~a~ul~l under ~th~p ~qC~O~n~i~f~,~i~(~l, ~th~,~, h,~i~\~in~g ~qw~ql~@~c~, ~c~r~)~,~I~@ ~j~qm~q! ~1~q@~~l~t~l~l~a~g~c-~, performed Owner~'s obligations thereunder, the ~qS~t~ir~et~qy ~qf~o~r ~@ I~qm I~, ~qO~qw ~qS~u~r~o~k ~n~i~'~)~\ ~qh~f~. ~q1~1~,~p~qh~ql~e h~o~r~p~qw~i~qd~i~-~r~, tilt, ~o~r~l~i~o~u~n~t ~m~~N~, promptly ~r~e~l~l~l~ed~@~, ~i~ql~l~(~' ~qo~e~qf~m~l~ql~t~, ~O~r ;hall ~qp~l~o~r~l~ip~t~ql~qy ~"~qN ~f~'~'~t~i~ql~l ~qi~r~l flit, f~~r~@~f ~p~qm~a~@~'~,~T~,~Iph hr~,~r~u~o~qf~ The ~l~e-~i~n I)~qA~qx~i~(~v of ~qO~qw ~( ~o~n~t~r~a~r~l Jim ~e~,~" ~i~,; ~u~,~(~,d i~n Oil~,~, par~agr,~iph, Shall 1) C~omp~ql~qM~e the Cont~r.~i~( ~t in a~c~c~ord~'~in~c~e it, terms m~v~,~i~n th~o ~i~0~t~,~il ~am~(~R~I~1~1~1 ~qj~qvv~,~ib~ql~o b~v ~'Owner to ~q( ~on~trac~lor ~nd conditions, or ~u~nd~,~,~r ~Il~i~(~, ~q( ~o~n~tr~o~( I ~in~qd ~l~f~iv ~m~n~(~,~r~id~n~qwn~t~@ th~e~r~f~,~i~n, less ~2~ ~(~q)~qh~t~ai~n a bid or hi~(~qk for ~cn~i~op~ql~e~l~qi~n~t~" ~il~l~(~, Contract i~l~l ~Ih~e ~ir~n~o~tint ~qp~i~op~e~i~qk~, ~qI~qm~qi~qd h~@ Owner to c~o~n~fra~(f~or~. a( c~orda~qm ~E~, ~@~% i~th i~t~s ~I~ern~v~@ and condition~-~, ~ind upon d~e- A~l~iv ~"~l~l~qi~t ~1~1~1~1d~er this, ~qh~o~n~qd ~n~i~t~i~t h~p ~i~qw~l~qi~l~u~l~cd ~qbf~,f~ore ~w~r~i~nin~,~iti~(~in hv ~qS~ur~e~t~v of the ~ql~o~qw~c~@~f ~r~e~@~p~o~f~v~@~qibl~e~~qhidd~er, ~i~ql~l~(~, ~(-~.p~i~r~,i~1~j~o~n of ~t~@~%o ~1~.~1) ~\~(~,~,~ir~@ ~qh~qw~i~j the ~qo~a~l~e ~on which ~, if t~qhe (~)~%~% ~n~er Off IS, Upon d~e~l~e~imin~i~t~qi~o~n b~@ ~i~ql~l~(~, final p~a~% ~qmen~t under the Contract falls ~C~ql~Ue~. 0~@~% ~n~er and tile ~q5L~Ir~qNV j~oi~ntIV ~Of tile I~qM~%~P~@~t r~r~c~ql~)~o~r~l~q~qi~ql~l~ql~(~? No ~,~Qh~t of action ~0~1~~1~q11 ~I~C~(~r~L~l~(~' Oil ~q0~1~1~@ h~(~H~I~qd to or for bid~qd~or~, a~tr~an~qg~e for ~i ~(~o~n~t~r~a~(~t h~e~t~qw~e~en ~@~L~j~(h bidder and the t~i~@~r~, ~O~qf ~inv p~r~,r~@~o~n ~(~1~, ~(~o~rp~or~,~it~i~o~n other ~fh~,~@n the 0~%~%~n~e~r~, and n~iak~(~@ ~qw~ail~able a~q ~0qW~O~r~qk (even (~)\~@n~er ~i~mm~cd hr~,~qw~in ~~)~@ ~Ih(~' ~1~1~0~1~1~1~;~, ~O~X~I~P~C~L~]~to~r~@~, a~qd~qm~inis~- ~~1~01,~1~q,~q1~1 ~Ih~ere should ~q1~1~(~' a ~1~q1~2q0~,~1~1-~1~q1~1 ~or I ~1~,~L~K~c~e~,~;~sion of trat~or~s or ~S~L~JCC~C~@s~ors of ~t~qh~e O~v~vner. ~5~i~e~l~l~ed 'Ind ~S~e~'d~e~qd this day of A I A ~qp~qo~q( I ~qMil N~qt A'; I I PI ~qR I( I ~qM ~q)~qI~q@J~q) I \[;()I\ ANI~q) ~qN~qiA~qI~4qWIAI PAYM~qIN~qI ~qM~q)N~qI) A~qIA ~1~q1~qM~q.~q'~qI~q'A~ql~q"~q) ~qP~q1~q*~q0 ~8qM~,~q- IM A~qk~qi~qt~qRI~qCA~qNIN~q'~q,~q11~q1~q1~1~q1~q1 ()I \~qr~q(~qIII~qII~q( ~qI~q1~q,,17~qi~q-~q,~qNY.A~q%I THE AMERICAN INSTITUTE 0F: ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON' THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that as Principal, hereinafter called Principal, and, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner for the use and benefit of claimants as hereinbelow defined in the amount of for the payment whereof Principal and Surety bind themselves,their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 entered into a contract with Owner for in accordance with Drawings and Specifications prepared by which contract is by reference made a pan hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOARD AND LABOR AND MATERIAL PAYMENT BOND AIA FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECHS, 1715 NY AVE NW WASHINGTON DC 3 NOW, THEREFORE, THE CONDITION OF THIS OPERATION is such that of Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registed mail labor and material being construed to include the part of or certified mail, postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Pricipal Owner or Sureety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in the state in which the legal profess amy be served in the state in which the 2. The above named Principal and Suiety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90) (b) After the expiration of one (1) year following the days after the date on which the last of such claimant's date on which Principal ceased Work on said Contract, work or labor was done or performed, or materials were is being understood,however, that if any limitation em- funished by such claimant, may sue on this bond for bodied in this bond is prohibited by any law controlling the use of such claimant prosecute the suit to final the construction hereof such limitation shall be deemed judgement for such sum or sums as may be justly due to be amended so as to be equal to the minimum period claimant, and have execution thereon. The Owner shall of limitation permitted by such law. not be liable for the payment of any costs or expenses of any such suit. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of 3. No suit or action shall be commended hereunder the state in which the Project, or any part thereof is by any claimant: situated, or in the United States District Court for the (a) Unless claimant, other than one having direct district in which the Project, or any part thereof, is sit- contract with the Principal, shall have given written uated, and not elswhere. notice to any two of the following: the Principal, the Owner, or the Suiety above named within ninety(90) 4. The amount of this bond shall be reduced by and days after such claimant did or performed the last of to the extent of any payment or payments made in good the work or labor, or furnished the last of the materials faith hereunder, inclusive of the payment by Suiety of for which said claim is made stating with substantial mechanics liens which may be filed of record against said improvemetn whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of 19 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO HIS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201. General Conditions of the Contract for Construction. rhis document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the day of in the year of Nineteen Hundred and BETWEEN the Owner and the Contractor: The Project: The Architect: The Owner and the Contractor agree as set forth below. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract Gerral. Supplementary and other Conditions), he Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as- fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all tile Work reqUired by tile Contract Documents for (Here insert the caption descriptive at the Work as used on other Contract Documents.) ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION Tile Work to be performed under this Contract shall be commenced and, subject too authorized adjustments, Substantial Completion ;hall he achieved not filer than Hee in if, failure In AIA DOCUMENT A101 OWNER CONTRACTOR AGREEMENT EDITION JUNE 1977 AIA 1977 THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE. N.W. WASHINGTON, D.C. 20006 A101-1977 2 ~0 f ON I ~1~qW~ I ~~~ ~0 Ill I I~I~m~ lilt- ~~m~~r~~~r~ ~~ ~~ it ~ I ~ ~ ~ ~~ ~f I I ~ ~.~ ~ ~ ~ ~ ~~ ~ ~ 'I I ~ .. ~ ~ ~ ~~j E~~2p~t li~~m~ ll~ ~Ch~r~~i~~~ ~qO~~~iv~r as ~1~~mvi~~l-~I 1~1 ~~~~~~~~ I IN it' ~~- ~~.~~~~r~r~ ~~~ file, Sum ~I~, ~qd~v~i~vr~i~ni~r~ird ~I~, f~f~ill~o~v~. ~W~~~@ ~I-~r~@ I,- Imp bid or ~w~hr, Filing~, min ~s~in~w~in~t. ate ~A~l~l-~f~"~o~I~r~l~. Anti ~l~1~r~i~l~t ~pt~l~e-. ~-~r ~A~t~-~. ~l~o~c~a~l~-~I~r ~j AR1~q11CH~.' 5 11~1~q1~6qU~.~q)GR~qESS ~q1~1A~q)M~qIN~qIS ~I~~~~~~(~qI ~I~l~l~'~t~'~l~l ~qApp~ql~qi~t ~'~I~f~qi~o~l~l~'~; fill ~qV~.~1~% ~I~l~l~f~'~r~i~l it, ~?I~l~i~, A~r~rhil~,~,~( I ~l-~, -I-, I -~1~1~t~a~c ~i~qm ~l~of~qf ~(~(~i~t ~1~'~.~1~% Ill. #'I ~m ~1~1~0~1f ~qk ~O~qw ~% '~, l~i~l~l~o~r~t I fill, ~( ~I~v.n~t~,~r Of Ill ~ql~i,~i~o~l~iri~i~f~; ~v~i~i if ~, -~i~t~a if file ~q( ~cm~i~r~i~r I ~( I- ~- ~, ~f~i~t~(~)~. ~ ~~~l~~qA Ili ~I~h~p C~o~r~i~l~t~qm ~t I ~I~f~I~c~I~l~I~T~I~q~f~f~i~l~; felt III#- I~q-~- ,)'I ~F~-~f~i~r~ql~qi~f~ig ~1~q1~1~r~. last (I ~J~.~. (If I I In It" In Ill ~, ~-~. ~1~, ~-~1~q1 1-.% ~- ~- Noll L~i~l~qm ~I~l~l~ar~i five (5) ~1~1 ~% ~I~.~-~qI~I~, ~-~Af~il~l; till- ~I~-~I~ld ~- ~, ~0- ~1 1 ~l~i~t~i~r~l ~: ~1~"~.~1~1~1~1~,~1~q1 ~1~,~, 0- A~ql~ip~ql~i~,.~i~l~irm fell I .~1~%m~qm~i~l ~ql~l~f~-~I 1 ~(~'1~1~1 ~q( "; ) lit lilt- ~I~l~l~-~I~f~f~o~r~i of tile ~qC~o~l~i~l~l~o~f I ~, ~.~1~1~'~1 ~I~I~I~(~I~ql~l~e~f~ql~qy ~.~1~q1~q1~1~1~, fill,- ~1~1~) ~q1~.~1~q1~,~f~i~r~. ~r~i~qv~i~c~-~I Il- ~I~I~I~(~q) ~~~Imp~i~t~qw~e~-~1 m~o: ~t~i~r~ql~i~qm.~t~i~v~r~ql i~l~i lilt- ~qW~i~q"~11~% ~.~1~1~1~qd ~I- if ~F~-~1~1~1 ~f ~, I ill III#- ~q1~1~"~f~I~l~l~-~l~i ~l~N~qf ~1~1~.~1~. ~f I ~1~1~q1~q1~f~i~r ~.~1~q1~1~q1~f~, ~to .~1~1~1~(~qf ~f ~I~"~o~, ~%~i~t~-~, (it ~.~1~1 "Ill" ~f~l~i~ql~l~e~r ~qI~qm ~a~i~l~t~'~l~l ~l~I~ql~I~f~I~f~I '.,I ~qO~qw ~ql~l~f~.~,~qi~f~.~f~ql I'% Ill" ~'~l~l~"~l~l lilt ~qP.~I~I,~1~1~1~F~.~I~l~l IF ~- ~'~1~1~,~1~1~1~1~-~qg~i~l~l~. ~#~,~I ... If-. flip ~i~t~, I ~'~I~"d ~I~l~ql~i~v~i~l ... ... ~l~i~qm~. ~q%~q% ~.~(~l~i~qt ~.~, ~1~1~.~1~" .~, ~@~j I I ~I~l~l~. ~" ~, ..~. Ill,- ~I~f~I~t~'~l~ql ~q1~1~F~.~I~( ~(~.11~1 ~( " ~.~) ~4~.~'~f ~qO~qw I I ~q!~;~I~I~I~I~I~, ~qI~,~-~-~.~k . ~I ~i i ~I ~- ~, ~I ~I ~111 . ~I ~r~. I I ~I ~e A ~I ~c I ~I ~I I~I I~qd~i~all d~0qo~om~ime f~r~i~t all lilt ~qX~q"~'~o~l~qk ~a~l~id ~t~i~l~l~qw~i~l~ql~e~r~ql ~( ~qI~'~l~qim; ~w ~q1~1~,~1~1~% ~I~f~ql~o~-d ill live ~( ~o~l~i~l~l if I I If), ~1~1~1~1~1~1~-~F~I~N IF ~l~v; ~I ~f~i-~I~th~e~r~e in flip C~on~v~ar~t ~O~c~-c~i~m~e~r~r~e~l~t. in~ir~r~i any provision lilt ~f~o~r~t~-~1~1~1~-~11~1 - -~t~I~j~I~r~,r~v~R ~f~l~e~r~i~m~m~in~i -~O~i~nr~d ~a~l~lr~e~ Ih,? Wm~l rr~a~,h~,~s ~I -~1~.~8~-~t~v ~~~~~~~ tit ~r~o~g~n~i~p~l~o~l~i~en Progress payments shall be mude i~n accordance with t~qhe provisions of the latest revision of Pennsylvania Act 317, Section 5. Section 5. Contract provision for rETAINAGe. A public contract tnay include a provision for the retainage of a portion of the amount due the contractor to insure tile proper performance of the contract, except that the sum or sums withheld by the contracting body from the contractor shall not exceed 10% of the amount due the contractor until 50% of the contract is completed. The sum or sums withheld by, the contracting body from the contractor after the contract is 50% completed shall not exceed 5% of tile amount due the contractor on the remaininq work: provided, however, that in the event a dispute arises between the contracting body and any prime contractor, which displite is based upon increased costs claimed by one prime contractor occasioned by delays or other actions of another prime contractors additional retainage in the sum of one and one-half times the amount of any possibl, liability may be,withheld until such' time as a final resoLution is agreed to by all parties directly or indirectly involved, unless the contractor causing file additional claim furnishes a bond satisfactory to tile contracting body to indemnify such contracting body against the claim". However, all such moneys retained by tile, contracting body may be withheld from the contractor until substantial completion of the contract. ~6qd~8qw~q, .)Fill ~q1~q1~q1~q1~q1~2q1~q1~q-~q1 ~8qO~8qw I ~q.~q,~qI~4q;~ql~ql I- I 1,--( ~q1~q1~q1~q1~q1~q1~q,~q1~q1~q1~q% ~q0~q1~q.~q1~q1~q1 ~qI~qf~q- ~qI~qI~qI~q)~qI~qI~qI lilt- III#- I' lilt, late ~f~q-~q1~q1~q1~q1~q.~q1~q1 ~q1~8q1 ~8qb~qv~qI~ql~qow~q, (if ill till- ~q.~q1~2q1 ~qe ~qi~8ql~qiv~qr~qe~ql~q,~0ql~q. -it ~qi~4ql~qi~qf~q- ~4q6~q-~0qi~0qt~qa~2ql rate ~q-~qi~qf lilt- pl~qa~qfe ~qc~qif lilt. ~0qV~ql~qf~qo~6qiv~qo~qc~0ql~q. ~l~qi~qt~q. ~q.~q1 ~q.~q"~q.~q1 ~q1~qA~qI~qr ~qn~qt ~ql~qe~qg~qf~q.~q.~q'~qr~q-~q1 ~qU~qj~qi~qm~ql V I. ........... .... .... ~qI~q.~qI~q.~qI~q. ~q, ~q, ~q.~q.~q( I...... . ............ ~q%~qI~q,~qt till ~q1~q, 1, ~q0 ~q.~q1 r ~qI~qf~qf~qo~ql~ql~qi~q'~ql Al~qA I~0q!~qO~qf ~qI~q'MINI All~qi~qf ~0qW.~q1.1 1~q: 1 1 1*111 A I till AM~qIR11~q1 AN ~qIN~q4,~q11~q11~q1~q1~q1 ()I Al I ~qf~qi~q[~q%~qV VIP) ~q.1 ~qI~qI~qI~q.~qY. ~q%~q*~q,A~q%~qI~qI~qI~qt~q4~qf.Il~qII~qJ. ~q1) )()fill(, #%lilt V~q17~8q7 3 A~R~ I( I I ~6qHNA[ ~l~i~f~i~l~ql ~1~'~.~1~qy~r~i~l~f~-~I~I~I~, ~1~~,~1~1~1-~q1~-~8qk~i~l~~i~t~i~f~f~, ~'~d ~I~i.~, by Off~, A~i~2qd~u~f~e~(~l~. And (is per Section 7 of Pennsylvania Act 317 Laws 1978: Section 7. Final payment under contract. A public contract containing a provision for retainage as provided in section 5 shall contain a provision that the contractor be paid in full, except as provided in section 5 within 30 days following the dole of substantial completion, only 1 and 1/2 times such amount (is is required to complete any then remaining, uncompleted, minor items, which amount shall be certified by the architect or engineer and upon receipt by the contracting body of any guaran- tee bonds which may be required., in accordance with) the contract documents, to insure proper workmanship for a designated pEriod of time. The certificate given by the architect or engineer shall list in detail each and every uncompleted item nnd a reasonable cost of completion. Final payment of any amount so withheld for the completion of the minor items shall be paid forthwith upon completion of the items it) the certificate of the engineer or architect. A~qR I I( I I ~&~8qW-~I~q(~qA t ~qLANI ~q)~I ~P~, ~qI~'~qR~( ~)~%~'~q1~1~,~q1~8q0N~~q@ ~qm ~O~v ...... ~I~l~l~"~1~1~1 ~I~f ~.)~qw ~qd~e~q(~I~qm~'~qd ~i~l~l ~0...~I ..... ..... All federal contract re~ir~ql~t~oire~in~e~l~qO~s (IS specified ill ~qth~o bid documents~. ~1~q1~"~, ~\~f~:~r~c~v~I~I~I~f~,~I~I~( ~v~i~l~t~(~'~qW~(~qI lilt() I, f I)~4qM U~qN~qI~qI~qN~qI .\fill ill[ A~q0~q1~q1~q:~q1~q1 ~q'\~q'~qJ ~qI~qt~qJ~q'~q,~qI~ql~ql~ql~ql~ql~ql A' I ~qi ~qv~q. ~qi~q. I ...... I Ill7 FALLS TOWNSHIP WATERFRONT PARK FINAL RELEASE AND INDEMNITY AGREEMENT WHEREAS, Pursuant to contract made for construction of the Falls TownshiD Waterfront Park on by and between the Township of Falls, Pennsylvania@, herein- after called the Owner, and hereinafter called the Contractor, final payment is about to be made. NOW, THEREFORE, in consideration of the premises and of the sum of lawful money of the United States, being the full and entire sum due upon the completion of the Contract aforesaid to the said Contractor in hand paid by Owner, receipt of which is hereby acknowledged, said Contractor does hereby remise, relecise, and forever discharge the Owner of and from any and all manner of actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, hills, covenants, controversies, agreements, promises, claims and demands whatsoever in law or in equity which the said Contractor has or may have for or on account of or in connection with the Contract aforesaid. The Contractor further agrees to indemnify and hold harmless the Owner, its officers, agents (including the Architect and his agents) and servants from loss, expense, damage or injury as a result of claims arising out of or in connection with the execution of the work provided for in said Contract, including any claim made by any laborer, Contractor or materials man that may have furnished labor or material directly or indirectly to the Contractor or by reason of any action brought or judgement recovered by such laborer, Contractor or material man. IN WITNESS WHEREOF, the Contractor has caused its name to be hereunto subscribed and its seal to be hereunto affixed this day of Nineteen Hundred and ATTEST (Corporate Title of ContrMfory- (Seal) Ry (Secretary) FINAL RFLFASF AND' INDFMNITY AGM7FMFNT I THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A201 General Conditions of the Contract -for Construction THIS DOCUMENT HAS IMPORTANT HGAL CONSEGUENES; SONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RISPLCT 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. MISCELLANIOUS PROVISIONS 14. HERMINATION OF THE CONTRACT I III% ~q(~2qI~6qm~qI~ql~qI~ql~qIv~qI~ql~ql hill~q; ~6qI~qm~q-~qI~q'~ql~ql ~0qm~qidor~q%~qed by I i,~qi~qlvd ~12qC~qenv~qi~qa~6ql ( o~qr~qi~ql~qr~qi~qr~qlo~qr~qr of Am~qeri~0qu. ~qf ~q1~q.~q1~qn~qi~ql~ql~q'~q.~q1~q1~q1 I'll 1. ~q1~q,~q1~q1~q1~q1. I'll-. ~q1~q,~q1~q0~q. ~qI~q"~q"~ql~ql ~q1~q,~q1~0q0~q. Phil~q. 1~q1~q1~q0, lit 1~q1, ~q- 1~q97~q1~q1 l~qi~ql I~ql~qlf~q, Am~qm~qi~qc~qa~qn ~qI~qi~0qW~qi~qlu~ql~qe ~qo~ql~qf ~q%~qi~qi~ql1i~qtv~qC~qI~q.~q.~q;~q, I - ~q1~q; Nev. ~qN ~q, ~q-~qi k \~q% ~qi ~qi~qm~qu~q. N W~q., \\.~qi~q%~ql ... ~qm~q1~qcm, 1~q). ~q2~q1~q1~q0~q0~q1~q,. Rv~qI~qv~qio~qc~qk~qi ~qI~q-~8qmi ~qv~qi Olt~q- material ~ql~qiv~qiv~q-n ~qt~qir ~qm~qi~ql-~ql~qa~qn~qti~qal c~ql~qu~qo~ql~qi~qt~qi~qon of it,. l~qi~qto. mom ~qv~qoi~ql~qm~qul ~ql~qi~qrr~qim~0qw~qor~ql ell III~q-~q, AI~qA fill- ~q(~qI~ql~qI~qq~ql~qI~qgh~qt l~q.r~q.%~q, ~qi~ql~ql fill- I ~qI~qm-~qc~0ql ~qq~qat~qe, Ind %%ill h~qe~qi;ub~2qj~qe~qr I to legal p~qr~qo~2qwcu~qlion. AIA DOCUMENT A~qJ~qO~qI -(.I N~qIR~q-~q\L ~q(~qO~qNDI~qT~qH~q"~q.~q1 ~qPI 1111 ~qf I IN IRA( I 1' ~q11~q? (~8qW.'~q- It ~qI~q'~ql I V I'.' 1111R I I ~qLN I I I ~qL~qL~qI~qI I ~qR~q"~q4~q1 ACCOST ~q1~q9~q7~q6 ,A AIA~q* ~qI~qU-~qI~q, ~q- 111~q1 A~qhiLRILAN IN~qS~qI~qI~qI~qI~q'~ql~ql ~q(~q11 ~qAP~qf~qI~qI~qI~qI~qI~qL~qI~q% I~q*~qV~q, ~qi~qf~qI~qR~qK ~6qM~qI~q%~qU~q1, ~qN~q%V., ~q%~q%~q%~q%~qIII~q.~q%~q(~qd~q0N~q, ~qUA. ~0qMI~qll~qe~q, A201-1976 1 ~0 INDEX Acceptance of Defeclive or N~on-Con~qforming Work .6..'.2, 13.3 Cleaning tip ..................................... 4.15, 6.3 A-plari(v (of Work .................. ).5.5, IqMI, 9.9 1, 9.9.3 Coinnivniviiieril of ilie Woik, CqMicqliliori,; Relating to.. 3.2.1, 4.2, As Work ......................... ...... 22.5, 0.2.1 4.7. 1,.1. 10. q5.2.1, 6.2.2, 7.5, 9.2, 11.1.4, 11.3.4 V, iqden I Pqw ,in 1,2 4, 1111......n...... ...... ,,I ,I 4qf4qf4qiv 1,YwI, Ilefinillon of , , and 01111sq0on . . ...... -1 24, 7A, 7.6.q2, it 3A. 10.2.5 Communications ..................... 2.2.2, 3.2.6, 49.1, 4.16 Aldificii.iql ( r)-615, Claim, Iir ........................... 12.3 Admqiniiration of the Contrad .................... 2.2, 4.3.3 Rq1.11ing 111 2 -1 16. 4 11, 4.15, 9.4.2. (19, 13.2.2 If Ri,qk III-qmiallict . .................................. 11. 31 COMPLETION, PAI0qVENTS AND ................... ...... 9 Allowance . ..... ..................................... 4.8 Conipletiqmi. '-uh,laritial .... 2.2.16, 8.1.1, 81. 3, 8 2.21, CIA, -13 2.2 Applications for Payment .................. 2.2.6, 11.2, 9.3, 41.4, timpqliwit v ith taw,; ................ 1 3, 2.1.1. 4.6. 4.7 4.13, 9 1 1, (1.6. 1, (18 2. 9 0. 1, 9 c? 1, 14.2.2 7.1. 77. 1112 2. 14 Apprfiaql . ............... 2.2.14, 1.4, 4.q1 3. 4 , .1. 0qQ 4 1 hrouqgqh Concealed Conditions .................................. 12.2 .1. 1.1 6, 1 U 11 1 1 It 1. 7.":', "13.2 CIIIII.I.11 Afbilration ................ -1 2 7 thiritigqh . I I . 2. 1,;. 6 2 . rqMwi 2 1 111. .1 11.2. - 2. 7 (12. 4).8.1. ti.q.2. (1.13, 11.3.1) 7.q, 11 1 1 11 1.-. 11. 1.8 conliat . I ...................... .. 1.1.2 ARMECT . ....... ................. ... ... ....... 2 . ... .................... 12, 4.3.3 hav, 1, Definilion , ......... ,........... ... , , (' ""A Architect, I'Ment of Aullioqdh .... 2 2, IA, .1 4qQ S. -1 2. h.4. 7. 7 ,1), 1 10, 5.2. 7 S. 9.2. 11 1.4. 11.3.4 8 1. 1, 11 1. 1, qU. 11 1 1. 114 91.5 1. 9 6. (1 1" 1 it. 1. q.tj. 1. 12.11. C0ONIRUI D4MILIMENTS .................................. 1 1 -1 11 1, 0qU-1 1. 1 1. 1. 1 ; 2 1. 111.21.5, 14.2 ((.111 ill- t I It .1 111111 nk. Arqlvilvf I. I iqmilation, ill Avilhori1 and Rv-pinikiqbiqlih ..... 2 2 2 ( -I- . ,III[ III, livirql and Pqw fit 3.2 5. 5.3 gh 2.2. 2.21 qj() fqfirjtjj,,Il 1 2 11. 1 17 0q01111fart Voru~rnen1s,-firillion of ..................... 1.1.1 throu .4. 3 1. J. 12.6. 5.2. 1, Q 4. 1 .. 2.2.1q0, Contract Suni, Pr-finilion of ........................... 9.q1.1 -1. if 15, 12.4 I I 1). It 2 2 A hifor I Additional ',vvicPc ..3.4. 7 ( rwir I, I I, -,-at;r,n . . . ............................. 14 qbili r I 41,1qmvaqll; ...... 2 2 14, q34, -1 1, .1 12 1., 1 12 It. .1 IF; 3 .. .......I... ... q8.1.1 Air qhilec Vc A-illirqmly to Re1vt t Work .... 2 -.1 1. 1 1. It. 1 ,, 13 2 qC0qONIRqM TOR .. . .. ............ ..... 4 ( I I f lint .it I. - Definqiun if . . ......... 4.1, 6 1.2 Arrhilet. t Dvc isions ...... 1.2 7 throtigqli 2 .1.14 , w I I.-, I, - - - I rnj -Ir J4 2. 1 1 :. .1 P 1. 4 n -1 18. 102.1 111.1. IV 14. 1 11.1.1 7.9. 1, 11. 1. 1, () 2,1).4, 110. 1, 9.111. 1, L. 1 -1, 12.1. 1 Aqluivril; In~s~ql~qw~(~qf~ql~o~r~i~i; .............. 2.2. 13. 2. 2. 1 b. 11 S. I (qM). 1 Conlradnirl; liaqbilil) Inliurance ........................ 11.1 Reqlationllipqwiqll Arc hiowl ; Int,tril(finlic .... .... 2.2.1 Il 2 1 2. 1 1..qi. 13. 1 1-at I- ( vrilia, t,lr and ( lv. nrr I; Force, ..... . .32.7. 6 Arc qbilvr I s qIn~I~qmprelalqwiv; ......... 2.2.7 tqhell:q0i 2.2 M. Ari,itort; (InAite 0q0hlFlr-JIIIIIC ..2 2 3. -1 2 1. 2 qr, 2. 11 3 1. 11.3.6 1 2.1, 2, 9 1. 9 5. 7. 1. 7.7.4. 1) .1 -1. U, 1, ) I ortim 1, -1 Rvlalqmii,hip qwIll Iqli, Ar(hile(t .... ... 1 1.2, 12.4, rc hili-t. t q Project Rc-pri-qwolalitf . .............. q1.2.17, 2.2.18 1 - . P. .! jl. 10. 1 1, .1 3. 1. 4.5, 4.7. 1, -1.116, 4.111, 11 3.6 Arrhilect's RvqIaliqmillhip wilh Contrailoi ..... Rvlitv-;vnIaIiori ............ 1.2-2. 4.5, 4.12.5, 9.3.3 q2. -1. 111, @, 2.11, 48q6.3, 4.5.4.7.3, -1.12.6, 4.18, 11.q3.6 C orillat If" qPvpoill,lbilqify qfol Arhilv( t Rationship with Ilvi-v vif,irqming Iqli(Vqmql . ................ L0qU, 4.18, 10 Sill wvl'm fors .......... :....... 1. 1 2, LI. I I. I I 1 3, C). r,1 U(.1111 it tell ,RIlqf I I),,( L110-I)I.; .... 1.2 2. --17.3 IIII1 RvIncenlation; ............... . 1) 4.@, 9.1) 1. 4.q.q1 Cl.f IirRight it, Y-0qy Ilw ml, ..................... 11 Arli( IIIvr I ....................... 1. -1 1. 2 .! If, 2 .1.12. 7 4. 1 ( villim 1,,r P-qOif fi- li-iqmirial- the, I orilw(f . ..... . . I -I.; Acirrifv Ivv ............................ t I R 1, 6.2 1, 91.1).2 1. .............. 21 onlac 1 ....................... 6. 1. 2\1.9 3 Award oqf Suqbconlracts and Other Contracts for qmiltim Icii uperinlendvi it .......... ............. 19, 10.2.6 qPortioR of the Wolqk .............................. 5.2 q0.1111f fill - rqmoll .111d lifqf.., II11 .......... ......... ....... ............ Iq.$ ... ......1 -1. 1 , 4.4, 11111 M.111.11.11 Pavillf-111 III?I "ItI . . . . . . . .. ..... ..... ..... Corti~q-~q( lion (if ~2qW~qo~qrl~q, 1~q12 ~q1~q. 13.2 erqlificqaleq, fqor qIqlaqvrqiqnq-rqiqf .~q2 ~qf~q,~q, ~q.~q1 2 I~qG~q, ~q1~q1.~q4, 1~q1. ~q1~q3 '1 ... ... ~q1~q1 (1 1 its 1 ~q4 1.'111 1 Change Orders ..... .. I 1 1, 1~q;~q. ~qI~qA I I II 1~q4. 1.- 1 ~qJ. 12 ~q4. 11 1..' 1 ~q1 2. 14 It ~qI.~qI. 'I (I '1 ~q1. 11 11if 1~q1~q1 1C~qu~qt~qf~0qi~ql~ql~q)~q, ~qJ~q1~q1~q11 Patching of W~qn~qr~8qk 4.14, ~4q6 ~4q2 12.~q1~q, ~qi~qt I I ~qt~q211 ~qL~ql Ill Il~qw ~q%~qI~qlm~qk . . .... .... ~q.~q1. 6 1 ~qv, ~q1~q1~q1~q1.1, Chqangqq, qqhdqvqlqq, Drq,qlqiqnqlqli2qm of ................... . 12.1.1 '10 -~q1. 1. 2, 10. ~q1. 11 ~q1. 13.2.6 0qMANqGqE0qS IN ME WORK ............... .. .. ~q:~q! I1 1. 12~q1 L~q.~qI~qI~qI~qI~qI. ~q1~q,~q1~q1 .......... Op. 11, ~q6.2.5~q, 7.4, 8.3 4, ~qq.~q6.1.2 Claim, for Aqf0qfqe0qliqfiqonal Cost ir Time ~q.8 ~q1 ~q.~q1~q, ~q1~q4 ~q1 ~q4~q, 1., ~q1~q, ~q1~q2.~q3 ................. ~q'........ 6.1~q-1. ~q8~q-3~q-4~q, 9.7 8qVa0qimqs for Damages ............... 6. 1. 1, 6.2 `~ql. ~q7.4. ~q1~q1~q1~q1~q1 ~qr~q; 1 1D ~qI~qv~q. I ~qh~q'~qIm~qi~ql~ql~q"n ~qi~ql~ql ........ .......................... 81.4 A~qlAD~qO~qIL~qUM~qEN~qT A2~q01 ~q- ~q(~qf~q,~q*J~qj~qlII~qt~qv~q4~q%~q(~q)r fill I ~qI~q(~qI~qP ~q(~qf~qi~qt~q-~q,~qI~qRII I ill)'; ~q- 1~q1~q111~q4~q1~q1U,1~q1~q1~q1 E~qUM~qO~qN ~q- A~qI~qI(~q,II~q4~q;r 1976 2 A201-1976 AIA~q- I~ql~ql~q7fi ~q- ~q11~q1~q1 ~qV~q.~q11 ~qI~q:~ql~qF AN V~qO~q-~q1~q1~q1MI~qL ~0qW A~qR~q( 1~q1~q1~q11 ~q( 1% L~q'~qU~q, N~qI ~q%V ~qNO~qR~qK AVI ~qj~qur~q. N.M. WA~qS~qI~qI~qIN~qC~qUP~q4. P.C. 2~8qM Decisions of the Architect......22.9 through 2.2. 12.63, 7.7.2, 4.12 4 17, 4.8 3, 6.11, 6 2. 9.4.2. 7.91. 8.31, 92, 94. 96.1, 98.1 1, 121.4, 123.11, 142.1 (1.9 1, 1) 1). 5, 10 5, 11. 1 2, 11.3.6 Defective or Non-Contomining Work, Acceptance Rejection limultations of time, general ..... 2.2.8. 2.2.14, 3.2.4, 4.2, 4.7.3, and Correction of .... 2.2.3. 22.13, 3.3, 3.4, 4.5, 6.2.2, 6.2.3, 4.12 4. 4. 15, " 1. 2.1. 5.2. 1, 7.4. 7.7, 8.2, 9.5.2, 9.6, , 9.11, 11. IA. 12.1.4, 12.4, 13.2 1. 1.1.2.2, 13.2.5 Definitions ........ 1.1, 2.1, 3.1, 4.1, 4.121 4.2.3, 5.1 limilation or time, Specific ............ 2.2.0. 2 2.12, 3.2.1, 3.4, 1. 10, 1. 22. 2.2. 11,1.2, 9. 11, 9.2. 93 1. 9.5 1. Delays and Extensions of Time .......................... 8.3 9.7, 11. 1 4. 11.3.1. 11.3.8, 11 , 1.12. 12 1, 13.2.2. Dispute .. .................. 2.29, 2.2.12, 22.19, 62.5 6.3. 7.9.1 13.2.5 2. 7, 14.1. 1.1.2.1 Documents and Samples at the Site ..................... 4.11 statutes of ................... 7.9.2, 13.2.2. 13.1.7 Drawings and Specification, Use and Loss of Use Insurance ................................. 11.4 Ownership ~of ...................... 1.1.1, 1.3, 3.2.5, 5.3 Material, Labor, Equipment and ....... 1.1.3, 4.4, 4.5, 4.12, 4.13, Emergencies ......................................... 10.3 4 15.1. 6 2.1, 9.3.2, 11.3.3, 11.3.1, 13.2.2, 13.2.5, 14 Employees, Contractors ..... 4.3.2. 4 4.2. 48.1, 4.9, 4.18. 10.2 1 Material, Suppliers ....................... 4.12.1, 5.2.1. 9.3.3 through l0.24, 10.26, 10.3, 11.1.1 Means, methods, techniques, sequences and Equipment. Labor, Materials and .... 1. 1.3, 1.2.3, 2.2.3 2.2.4,4.5, 4.12, 4.13, Procedures of constructionm ............. 2.2.4, 4.3.1, 9.4.2 4.15 1, 6.2.1,9.3.2, 9.3.3. 11. 1, 1.1.2.2, 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, 7.9.3, 11.2, Modifications, Defination of ........................... 1.1.1 11.1, (1.6.1, l0.2.3, in.2.4, 14.2 Modifications to the Contract ........ 1.1.1. 1.1.2, 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 Extensionsivon of Time ................................. 8. 3, 12. 1 Non-comforming Work, Acceptance of Defective or ..... 13.3.1 Failure of Payment by 0wner ................ ..... 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 subcontractorsl ..9 5,1.116 1.11,9.112, 14.2.1 4 12.6. -1 12 7, .1 17, 1 2.1. 7.1, 7.4, 7.7. 7.11.2. 8.1.2, 8 .3.2~q! Final Completion and final Payment ..2.2.12, 21.2.1), 9.9, 13 1.1 9 1 3. (1 4 1. 1 9,1. 1, 4) . 14126 11 1.4, l 31, Finanicial Arrangements, Owner' ...................... 3.2.1 1 l, 1 11.1 , 12.2,121 3. 11.2.2, 13.2.1, 14 Fire and Extended Coverage Insurance . ................ 11.3.1 notices,Permit, fees and ......................... 4.7,10.2.2 Governing Law ......................... ............. 7.1 Notice of testing and Inspectionl ... ................... Guarantees See Warranty . .. .............................. 8.1 2 and Warranties ........ 2.2 16, 4.5, 9.4, 11.2.1 notice to proceed ......... 2.2.3, 1, 7.-4,9 4.2 Indemnification ............ ........ 4.17, 4.18, 6.2.5,9 9.2 observations, architects on-side .................. 1, 4.2.1, 4.7.3 Identitication of Contract Documents . ...... ......... 1.2.1 Identitication of Subcontractors and suppliers ........... 5.2.1 Inspectional by the Architect ........ 2 2 3, 2.2.16, 9 4.2, Information and Servicies Required of the Owner ........ 3.2, 11.2, 113 On site Observations by the Architect ....... 2.2 1, 2.2.6, 2.2.17, Inspections...... ........ 2.2.13, 2.2.16, .1 1.3, 7.17, 9.8 1, 11.9.1 7.7.1. 7.7.4, .4.2,9.6.1, 9.9.1 Instructions to bidders ............................ 1.1.1, 71.5 orders, Written ................... 3.3, 4., 12.1.4, 12.4.1, 13.1 Instructions to the OWNER .. . ...... .. ................................ 3 Contractor .......... 2.2.2~. ~12.6, 4 It ~1, 7 7.2, 12.1.2, 12.1 .1 Owner's Definition of .... ................. .......... 3.1 INSURANCE ...................................... 9.11.1, 13 Owner's 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. , 4.8.1, 7.7. 2, 93. 1, 93.2, INSURANCE, Owners; Liability ........................... 11.2 8.1, 12.1.2, 12.1.4 INSURANCE Property ................................... 11.3 Owner's finacnical Capability ........................... 3.2.1 INSURANCE, Stored Atatenals ..................... 9.1.2, 11.3.1 Owner's Liability Insurance ... ........................ 11.2 I. The contract documents .............. 1.2. 3.11 Owner's Right to) (carry Out the Work ..... .. ... 3.4, 112.4 Interest 7.8 Owner's Right to stop the work 1.13 . .4 15.2. 6.3 Labor and Materials Equipment ... 1 -1.1. 2.2 .2 11,21.2.14. Right In Perform work and to award . ..... ........... .. ..... ... ... 7.6 separate contracts . ........................... 6.1 . ..... 2 2 I, 1.2.4 Contract ................ 14.2 labor disputes 8.3. 1 1 Owner's Right to stop the work .... ..... . ....... 3.3 ownership and Use of Documents ........ I 1 1. 1.~q3~q. 3 2.5. 5.~0q2 3 ................ ... 4.14,6.2.2 labor regulations ..................... ... ... ....... pavement bond, labor and material ............................... 4.17.1 limitation of Authority .............. 1. 1, 1.1 1.. 1., 1. ,1. 1, ....................... 7.5 1.02 2. 1.1 for ............ 2 2 6. 11.2. 9.3, 9 4. 9.5.3, ...................... . . . . 1 1) 6. 1. (1. 2. (11.3. 14 2 2 i ..... 2 1, 2 2 1 ........ : . 2. 11. 4.1,5.1 of Liability ...... 1 .2 1 (1..) . 11, 11, 4 2, 4. 7, . 9 . 9 6. 1. 9 7 1.. 9. 1, 9 . 12.1.4. 14.2.2 AIA DOCUMENT A201- General Conditions Of the Contractor, Thirteeth Edison, August 1976 ~ Payment, Failure of 9,52,9.6,1.3,9.7,9.92,14 SUBCONTRACTORS.................................... 5 Payment, Final .................. 2.2.12,2.2.16,9.9,133.1 Subcontractors, Definition of......................5.1 Payment, Progress .......7.8,7.9.3,9.5.5,98.2,9.9.3,12.14 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 ........... 1.1, 4.10, 4.12, 5.2.1, 5.2.3,9.2 96,1.3,11.3.3,142.1 9.3.1, 9.8.1, 9.9.2,9.9.3 Payments Withheld ................................. 9.6 Subtogation, Waiver of........ 11.3.6 Perforance 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 PERSONS AND PROPERTY,PROTICTIN OF..................... 10 Substantial Completion, Deposition of................... 8.1.3 Substantial of Subcontractors..................... 52.3,52.4 Product Data, DefiniTion of.............. 4.12.2 Substantial of the Architect..................... 2.219 Product Data, Shop Drawings, Samples and.2.2 14.4.21.4,12 Sub-sbcontractor,Material .. .......... 4.5.12.1.4 Prrogress and Completion ............. ..2.2.3,7.9,3,8.2 Subcontractor of Definition of................... 5.1.2 Progress Schedule ............................... 4.10 Subcontractors, Conditions . .. ............. 12.2.1 Project, Detinition of ......................... 1.1.4 Successors and Assigns 7.2 Project, Representative................... 2.2.17 Superintendent and Construction Procedures..........4.9,10.2.6 Properly Insurance................................. .11.3 Superintendent, Contractors ............1.2.1,2.2.4,4.8.4.4,10 Regulation and Laws..................1 Superintendent, Contractor's............ .4.9,10.2.6 Rejection of ..... Solely, Consent of. .................... 9.9.2.9.9.3 Releases of Waivers and Liens .............. 99.2,9.9.4 Survey 3.2.2.4.18.3 Representations............... 2.2.18.3.4,4.1,19.51,9.3.3 Taxes...................... 4.6 Representatives ............. Termination by the Contractor....................... 14.1 Termination by the Owner ............. .... 14.2 Responsability for Those Perforiming the Work... Termination by the Architect ..................... 2.2.19 TERMINATION OF THE CONTRACT........................ 14 Restorage ............................. 9.3.1,9.5.2,9.8.2,9.9.2,9.9.3 Tests....................................2.2.13,4.3.3.7.7.9.4.2 Review of Contract Documents Time................................... 8 by the Contractor................... .1.2.2.4.2.4.7.1 Definition........................................ 8.1 Reviews of Contractors Submittals by Owner and Architect Time Royalities and Patents ...............................4.17 Safety of Persons and Property. ......................10.2 UNCOVERING AND CORRECTIONS OF WORK............................13 Samples, Definition of....................... .4.12.3 Unforseen Conditions...................................8.3,12.2 Samples, Shop Drawings, Product Data and ...2.2,14,42,4.12 Unit Parts....................... 12.1.1,12.1.5 Samples at the Site, Deocuments and...................4.11 Use of Docunments......... . . ................1.1.1.1.3.2.5.5.3 Schedule of Values.....................................9.2 Use of Site .............................4.13,6.2.1 Schedule Progress ............................. ......4.10 Schedules of.................................... 9.2 Separate Contracts and Contractors ...4.14.2,6,11.36,134.2 Waiver of Claims by the Contractor .... 7.6.2,8.3.2.9.95,11.3.6 Shop Drawings, Definition of............ 4.12.1 Waiver of Claims by the Owner...............7.6.2.9.9.411.3.6.11.4.1 Shop Drawings, Product Data and Samples......2.2,14,42 4.12 Waiver of Liens............. ............................9.9.2 Site, Use of Warranty and Warranties................................. Data......................................... Spectacations GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 1.2.2 By executing the Contract ,the Contractor represents that he has visited the site, familiarized himself with the C0NTRACT DOCUMENTS local conditions under which the Work is to be per- formed and corrlated his observations with the require- 1.1 DEFINITIONS 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 to the proper execution and comple- tor Agreement, the Conditions of the Contract (General, tion of the Work, The Contract Documents are comple- 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 in the Contract therewith and is reasonably inferable therefrom as being signed by both parties, (2) a Change Order, (3) a written an to produce the intended results. Words and ab- interpretation issued by the Architect pursuant to Sub- bteviations which have well-know 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- paragraph 2.2.8, or (4) a written order for a minor change, ance with such recongnized meanings. in the Work issued by the Architect pursuant to Paragraph 1.2.4 The organization of the Specifications into divisions, 12.4. The Contract Documents does not include Bidding sections and aarticles and the arrangement of Drawings Documents such as the Advertisement or Invitation to shall not control the Contractor in dividing the Work Bid, the Insutrctions to Bidders, sample forms, the Con- among Subcontractors or in establishing the extent of tractor's Bid or portions of Addenda relating to any of Work to be performed by any trade. these or any other documents, unless specificaly enu- merated in the Owner Contractor Agreement. 1.3 OWNERSHIP AND USE OF DOCUMENTS 1.1.2 THE CONTRACT 1.3.1 All Drawings Sepcifications and copies thereof The Contract Documents form the Contract for Construc- forwarded by the Architect are and shall remain his prop- tion. The Contract represents the en and integrated erty. They are to be used only with repect to this Project agreement between the parties hereto and supercedes all and are not to be used on any other project. With the prior negotiations, representations, or agreements, either exception of one contract set for each party to the Con- written or oral. The Contract may be amended or modified tract such documents are to be returned or suitably only by a Modification as defined in Sub-paragraph 1.1.1. recorded to the Architect request to the comple- The Contract Documents shall not be construced to create tion of the Work Submission or distibution to meet offi- any contractual relationship of any kind between the AT- tial regulatory requirements or for the other purposes in chitect and the Contractor, but the Architect shall be connection with the Project is not to be construed as entitled to performance of obligations intended for his 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 Subcontractor or Sub-subcontractor. ARTICLE 2 1.1.3 THE WORK ARCHITECT The Work comprises the completed construction required 2.1 DEFINITION by the Contract Documents and included 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 in to be incorporated in such practice architure, or an entity lawfully practicing construction. architecture identified as such in the Owner Contractor Agreement, and is referred to throughout the Contract 1.1.4 THE PROJECT Documents as if singular in number and masculine in The Project is the total construction of which the Work sender. The term Architect means the Architect or his performed under the Contract Documents may be the authorized representative. whole or a part 2.2 ADMINISTRATION OF THE CONTRACT 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed in not less 2.2.1 The Architect will provide administration of the than triplicate by the Owner and Contractor. If either the Contract as hereinafter described. Owner or the Contractor or both do not sign the Condi- tions of the Contract, Drawings, Specification or any of 2.2.2 The Architect will be the Owner's representative the other Contract Documents the Architect shall iden- during construction and until final payment is due. The tify such Documents. Architect will advise and consult with the Owner. The tify such Documents. Architect will advise and consult with the Owner. The Owners insturctions to the Cntractor shall be forwarded AIA DOCUMENT A201 GENERAL CONSTITUTIONS OF THE CONTRACT FOR CONSTRUCTIONS THIRTEENTH EDITION AUGUST 1976 AIA 1976 THE AMERICAN INSTITUTE OR ARCHITECTS, 1735 NEW YORK AVENUE NW WASHINGTON DC 29006 A201-1976 5 through the Architect. The Arhitect will have authority show part to other and will refect to the to act on behalf of the Owner only to the extent provided result of any interpretation or decision in good amounts as provided in Paragraph 9.4. Whenever in his opinion he considers it necessary or advisable to the implements a of the intent of the 2.2.7 The Architect will be interpreter of the require- Contact Documents, he will have authority to require ments of the Contract Documents and the judge of the special inspection or testing of the Work in accordance performance thereunder by both the Owner and Con- with Subparagraph 7.7.2 whether or not such Work be tractor. then fabricated, installed or completed. However, neither the Architect's authority to act under this Subparagraph 2.2.8 The Architect will render interpretations necessary 2.2.13, not any decision made by him in good faith either 6 A201-1976 the Architect for any damage resulting from any such fees and inspection 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 Samples for such portion of the Work. 4.7.2 The Contractor shall give all notices and comply 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 so1ely re- sponsuble for all construction means, methods, tech- 4.7.3 It is not the responsibility of the Contractor to niques, sequences and procedures and for coordinating make certain that the Contract Documents are in accord- portions of the Work under the Contract. ance with applicable laws, statues, building codes and regulations. If the Contractor observes that any of the 4.3.2 The Contractor shall be resposible to the Owner Contract Documents are at variance therewith in any re for the acts and omissions of his employees, Subcontrac- spect, he shall promtly 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. 4.3.3 The Contractor shall not be relieved from his obli- 4.7.4 If the Contractor performs any work knowing it to gations to perform the Work in accordance with the be contrary to such laws, ordinances, rules and regula- Contract Documents either by the activities or duties of tions and without such notice to the Architect, he shall the Architect in his administration of the Contract, or by assume full responsibility therefor and shall bear all costs inspections, tests or approvals required or performed un- attributable thereto. der Paragraph 7.7 by persons other than the Contractor. 4.8 ALLOWANCES 4.4 LABOR AND MATERIALS 4.8.1 The Contractor shall include in the Contract Sum 4.4.1 Unless othewise provided in the Contract Docu- all allowances stated in the contract Documents. Items ments, the Contractor shall provide and pay for all labor, covered by the allowances shall be supplied for such materials, equipment, tools, construction equipment and amounts and by such persons as the Owner may direct, machinery, water, heat, utilities, transportation, and other but the Contractor will not be required to employ persons facilities and services necessary for the proper execution against whom he makes a reasonable objection. and completion of the Work, whether temporary or per- manent and whether or not incorporated or to be incor- 4.8.2 Unless otherwise provided in the Contract Docu- porated in the Work. ments. .1 these allowances shall cover the cost to the Con- 4.4.2 The Contractor shall at all times enforce strict dis- tractor, less any applicable trade discount, of the cipline and good order among his employees and shall not materials and equipment required by the allowance employ on the Work any unfit person or anyone not delivered at the Site, and all applicable taxes: skilled in the task assigned to him. .2 the Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, prof- 4.5 WARRANTY it and other expenses contemplated for the original 4.5.1 the Contractor warrants to the Owner and the allowance shall be included in the Contract Sum and Architect that all materials and equipment furnished not in the allowance. under this Contract will be new unless otherwise speci- .3 Whenever the cost is more than or less than the fied, and that all Work will be of good quality, free from allowance, the Contract Sum shall be adjusted ac- faults and defects and in conformance with the Contract cordingly by Change Order, the amount of which Documents. All Work not conforming to the require- will recognize changes, if any, in handling costs on ments, including substitutions not properly approved and the site, labor, installation costs, overhead, profit authorized, may be considered defective. If required by and other expenses. the Architect, the Contractor shall furnish satisfactory evi- dence as to the kind and quality of materials and equip- 4.9 SUPERINTENDENT ment this warranty is not limited by the provisions of 4.9.1 the Contractor shall employ a competent superin- Paragraph tendent and necessary assistants who shall be in atten- ance at the Project site during the progress of the Work. 4.6 TAXES The superintendent shall represent the Contractor and all 4.6.1 The Contractor shall pay all sales, consumer use communications given to the superintendent shall be as and other similar taxes for the Work or portions thereof binding as if given to the Contractor, important communi- provided by the Contractor which are legally enacted at nications shall be confirmed in writing. Other communi- the time bids are received, whether or not yet effective. cations shall be so confirmed on written request in each case. 4.7 PERMITS, FEES AND NOTICES 4.7.1 Unless otherwise provided in the Contract Docu- 4.10 PROGRESS SCHEDULE ments, the Contractor shall secure and pay for the build- the Contractor, immediately after being awarded ing permit and for all other permits the Contract, shall prepare and submit for the Owner's 8 *A201-1976 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * THIRTEENTH EDITION * AUGUST 1976 AIA * c 1976 * THE AMERICAN ISNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 2.2.16 The Architect will conduct inspection, to deter- mine the dates of Substantial Completion and final com- pletion, will receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract and assembled by the Contrac- tor, and will issue a final Certificate for Payment upon compliance with the requirements of Paragraph 9.9. 2.2.17 If the Owner and Architect agree the Architect will provide one or more Project Representatives to assist the Architect in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of any such Project Representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 2.2.18 The duties, responsibilities, and limitations of an- thority of the Architect as the Owner's representative dur- ing constructionas set forth in the Contract Documents will no be modified or extended without written con- sent of the Owner the Contractor and the Architect. 2.2.19 In case of the termination of the employment of the Architect the Owner shall appoint an architect against whom the Contractor makes no reasonable objec- tion whose status under the Contract Documents shall be that of the former architect. Any dispute in connnection with such appointment shall be subject to arbitration. ARTICLE 3 OWNER 3.1 DEFINITION 3.1.1 The Owner the person or entity identified as such in the Owners Contractor Agreement and is referred to throughout the Contractor Documents as if singular in num- ber and masculine in gender. The term Owner means the Owner or his authorized representative. 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 3.2.1 The Owner shall a the request of the Contractor at the time of exefcution of the Owner Contractor Agree- ment furnish to the Contractor reasonable evidence that he has made financial arrangement to fulfill his obliga- tions under the Contract. Unless such reasonable evi- dence is furnished the Contractor is not required to execute the Owner Contractor Agreement or to com- mence the Work. 3.2.2 The Owner shall furnish all surveys describing the physical characteristic, legal limitations, and utility loca- tion for the site of the Project and legal description of the site. 3.2.3 Except as persuded in Subparagraph 1.3.1 the Owner shall require and pay necessary approvals ease ment assessments and charge required for the construc- tion or occupancy of permanent structures or for pay manent changes in existing facilities. 3.2.4. Information or under control shall be furnished by the Owner with the in the perment ness to avoid delay in the orders progress of the Work. 3.2.5 Unless otherwise provided in the Contract Docu- ment the Cointractor will be furnished,free of charge, all copies of Drawings and Specucation reasonably nec- essary for the execution of the Work. 3.2.6 The Owner shall forward all instructions to the Contractor through the Architect. 3.2.7 The notegoing are in addition to other duties and responsiblities of the Owner enumerated herein and especially those in respect to Work by Owner or by Seperate Contractors, Payments and Completion, and In- surance in Articles 6, 9, and 11 respectively. 3.3 OWNER'S RIGHT TO STOP THE WORK 3.3.1 If the Contractor fails to correct defective Work as required by Paragraph13.2 or persistently fails to carry out the Work in accordance with the Contact Docu- ments, the Owner, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contactor to step the Work, or any portion thereof until the cause for such order has been elimainated, however this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to execise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK 3.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remends he may be in make good such descripencies. In such case an approperate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deteencies including compensation for the Archi- tect additional services made necessary by such default, neglecto or failure. Such action by the Owner and the amount charged to the Contractor are both subject to the prior approval of the Architect. If the payments then or thereafter due the Contractor are not suffictent to cover such amount, the Contractor shall pay the difference to to Owner. ARTICLE 4 CONTRACTOR 4.1 DEFINITION 4.1.1 The Contractor is the person or entity identified as such to the Owner Contract Agreement and is referred to throughout the Contract Documents as it singular in number and masculine in gender. The term Contactor means the Contractor or the authorized representative. 4.2 REVIEW OF CONTRACT DOCUMENTS 4.2.1 The Contractor shall carefully and compare the Contract Documents and shall at once report to the or on he may dis- ence The Contractor shall not be able to the Owner or AIN DOCUMENTS A201 * A201-1976 7 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 expeditions and 4.13 USE OF SITE practicable execution of the Work. 4.13.1 The Contractor shall continue operations at the site 4.11 DOCUMENTS AND SAMPLES AT THE SITE in areas permitted by law, ordinance, 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 Drawing. Specificatons, ber the site with any materials or equipment. Addenda, Change Orders and other Modifications, in 4.14 CUTTING AND PATCHING OF WORK good order and marked currently to record all changes 4.14.1 The contractor shall be responsible for all cutting, made during construction, and approved Shop Drawings, idling or patching that may be required to complete the Product Data and Samples. These shall be available to Work or to make its several parts fit together properly. the Architect and shall be delivered to him for the Owner 4.14.2 The contractor shall not damage or endanger any upon completion of the Work. portion of the Work or the work of the Owner or any 4.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES operate contractors by cutting patching or otherwise 4.12.1 Shop Drawings are drawing, diagrams, schedules altering any work, or by evacuation. The Contractor shall and other data specially prepared for the Work by the not cut or otherwise after the work of the Owner or any Contractor or any Subcontractor, manufacturer, supplier seperate contractor except with the written consent of the or distributor to illustrate some portion of the Work. the owner and of seperate contractor. The Contractor 4.12.2 Product Data are illustrations, standard schedules, shall not unreasonable withhold from the Owner or any performance charts, instructions, brochures, diagrams and seperate 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 4.15 CLEANING UP Work. 4.15.1 The Contractor at all times shall keep the premises 4.12.3 Samples are physical examples which illustrate here 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 the 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 dean up at the comple- or any seperate 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 permited all materials held meas- 4.16.1 The Contractor shall forward all communications urements and field construction ontema related thereto, to the Owner through the Architect. or will do so, and that he has checked and coordinated 4.17 ROYALTIES AND PATENTS the information contained within such submittals with 4.17.1 The Contractor shall pay all royalties and license the requirements of the Work and of the Contract Docu- tees. He shall defend all suits on claims for infringement ments. of any patient rights and shall save the Owner harmless 4.12.6 The Contractor shall not be reheved of responsi- from loss on account thereof, except that the Owner shall bility for any deviation from the requirements of the be responsible for all such loss when a particular manufacturer or Contract Documents by the Architect's approval of Shop process or the product of a particular manufacturer or Drawings, Product Data or Samples under Subparagraph manufacturers is specified but if the Contractor has rea- 2.244 unless the Contractor has specifically informed the son to believe that the design process or product spec- Architect in writing of such deviation at the time of sub- fied is an infringement of a patent, he shall be responsible mission and the Architect has given written approval to for such to be unless he promptly give such information to the specific deviation the Contractor shall not be relieved the Architect. from responsibility for errors or omissions in the Shop 4.18 INDEMMIFICAION Drawings, Product Data or Samples by the Architect's 4.18.1 Be the permitted by law the Con- approval thereof. and or shall indepermit and hold harmless the Owner and 4.12.7 The Contractor shall direct specific attention in the Architect and their agents and employees from and writing or on resubmitted Shop Drawings, Product Data against all claims, damages, losses, and expenses, including on Samples, to revisions other than those requested by but submitted to affectiveness fees arising out of or result- the Architect on previous submittals. the performance of the Work, provided that 4.12.8 No portion of the Work requesting of a any such claim, damage loss or expense 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 been approved by the to or destruction of tangible property other than the Architect as provided in Subparagraph 2.2.44 All such Work itself including the loss of use resulting therefrom, ADA DOCUMENT A201 GENERAL CONDITIONS OF THE CONTRACTOR CONSPECTION HURIFFNII EDITION AUGUST 1976 AIN 1976 THE AMERICA INSPECTION OF ARCHITECTS BB NEW YORK AVENUE NW WASHINGTON D.C. 20096 and (2) is caused in whole or in part by any negligent act or omission of the Contactor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to ne- gate, abridge, or otherwise reduce any other right or obli- gation of indemnity which would otherwise exist as to any pary or person described in this Paragraph 4.18. 4.18.2 In any and all claims against the Owner or the Architect or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnifi- cation obligation under this Paragraph 4.18 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 4.18.3 The obligations of the Contractor under this Para- graph 4.18 shall not extend to the liablility of the Archi- tect, his agents or employees, arising out of (1) the prepa- ration or approval of maps, drawings opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruc- tions by the Architect, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION 5.1.1 A Subcontractor is a perosn or entity who has a di- rect contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in num- ber and masculine in gender adn means a Subcontractor or his authorized representative. The term Subcontractor does not include any separage contactor or his subcon- tractors. 5.1.2 A Sub-subcontractor is a person or entity who has a directo or indirect contract with a Subcontractor to per- form any of the Work at the site. The term Sub-subcon- tactor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub-subcontractor or an authorized representa- tive thereof. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise required by the Contract Docu- ments or the Bidding Documents, the Cotractor, as soon as parcticable after the award of the Contract, shall fur- nish to the Owner and the Architect in writing the names of the persons or entities (including those who are to fur- nish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work. The Architect will proptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with any such proposed person or entity to whom the Owner or the Architect has made reasonable objection under the provi- sions of Subparagraph 5.2.1. The Contractor shall not be required to contract with anyone to whom he has a rea- sonable objection. 5.2.3 If the Owner or the Architect has reasonable objec- tion to any such proposed person or entity, the Contrac- tor shall submit a subsitute to whom the Owner or the Architect has no reasonable objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increas in the Contract Sum shall be allowed for any such substitu- tion unless the Contractor has acted promptly and re- sponsively in submitting names as required by Subpara- graph 5.2.1. 5.2.4 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By an appropriate aggreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be per- formed by the Subcontractor, to be bound to the Con- tractor by the terms of the Contact Documents, and to as- sume toward the Contractor all the obligations and re- sponsibilities which the Contactor, by these Doucments, assumes toward the Owner and the Architect. Said agree- ment shall preserve and protect the rights of the Owner and the Architect under the Contract Documents with re- spect to the Work to be performed by the Subcontractor so that the subcontracting thnereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifi- cally provided otherwise in the Conractor-Subcontractor agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by these Docu- ments, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into simular agreements with his Sub-subcontractors. The Con- tractor shall make available to each proposed Subcon- tractor, prior to the execution of hte Subcontract copies of the Contract Documents to which the Subcontractor will be bound by this Paragraph 5.3, and identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be with the Contract Documents. Each Subcontractor shall simular make cop- ies of such Documents avaailable to his Sub-subcontractors ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform work re- lated to the Project with his own forces, and to award 10 * A201-1976 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTSRUCTION * THIRTEETH EDITION * AUGUST 1976 AIA * c 1976 * THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 separate contracts in connection with other portions of the Project or other work on the site under these or similar Conditions of hte Contract. If the Conractor claims that delay or additional cost is involved because of such 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 portions of the Project or other work on the site, the term Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- Contractor Agreement. 6.1.3 The Owner will provide for hte coordination of the work of his own forces and of each separate contractor with the Work of the Conractor, who shall cooperate therewith as provided in Paragraph 6.2. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate his Work with theirs as required by the Contract Docu- ments. 6.2.2 If any part of the Contractor's Work depends for proper execution or results upon the work of the Owner or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Archi- tect any apparent discrepancies or defects in such other work that render if unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acceptance of the Owner's or separte con- tractors' work as fit and proper to receive his Work, ex- cept as to defects which may subsequently become appar- rent in such work by others. 6.2.3 Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. 6.2.4 Should the Contractor wrongfully cause damage to the work or property of the Owner, or to other work on the site, the Contractor shall promptly remedy such dam- age as provided in Subparagraph 10.2.5. 6.2.5 Should the Contractor wrongfully cause damage to the work or property of any separate contractor, the Con- tractor shall upon due notice promptly attempt to settle with uch other contractor by agreement, or otherwise to resolve the dispute. If such separate contractor sues or initate, and arbitration proceeding against the Owner on account of any damage alleged to been caused by the Contractor the Owner shall notify the Contractor who shall defend such proceedings at the Owner's ex- pense, and if any judgement or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorneys' fees and court or arbitration cost which the Owner has incurred. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispoute arises between the Contractor and sepa- rate contractors as to their responsibility for cleaning up as required by Paragraph 4.17 the Owners may clean up and charge the cost thereof to the contractors responsible therefor as the Architect shall determine to be just. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 The Contract shall be governed by the law of the place where the Project is located. 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Contractor each binds himself, his partner, successors, asssigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in re- spect to all covenants, agreements and obligations con- tained in the Contract Documents. Neither party to the without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to hime hereunder, without the previous written consent of the Owner. 7.3 WRITTEN NOTICE 7.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the corporation for whom it was intended or if delivered at or sent by regis- tered or cerified mail to the last business address known to him who gives the notice. 7.4 CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract sutter injure or damage to person or property because of any act or omis- sion of the other party or of any of his employees, agents or others for whose acts he is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. 7.5 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 7.5.1 The Owner shall have the right to require the Con- tractor to furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder if and as required in the Bidding Documents or in the Contract Documents. 7.6 RIGHTS AND REMEDIES 7.6.1 Contract Documents and the rights and remedies available there- under shall be in and not a limitation of any duties, obligations, rights and remedies otherwise im- posed or avaiable by law. 7.6.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or- acquiescence in any breach thereunder, except as may be specifically agreed in writing. * AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION *THIRTEENTH EDITION * AUGUST 1976 AIA * c 1976 * THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 11 7.7 TESTS 7.7.1 It the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority havig juris- diction required any portion of the Work to be inspected, tested or approved, the Contractor shall give the Architect timely notice of its readiness so the Architect may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or approvals con- ducted by public authorities. Unless otherwise provided, the Owner shall bear all costs of other inspections, tests or approvals. 7.7.2 If the Architect determines that any Work requires special inspection, testing, or approval which Subpara- graph 7.7.1 does not include, he will, upon written ad- thorization from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as provided in Subaragraph 7.7.1 It such special inspection or testing reveals a failure of the Work to comply with the requirements of the Con- tract Documents, the Contractor shall bear all costs there- of, including compensation for the Architect's additional servives made necessary by such failure otherwise the Owner shall bear such costs, and a appropriate Change Order shall be issued. 7.7.3 Required certificates of inspection, testing or ap- proval shall be secured by the Contractor and promptly delivered by him to the Architect. 7.7.4 If the Architect is to observe the inspections tests or approval required by the Contract Documents, he will do so promptly and , where practicable, at the source of supply. 7.8 INTEREST 7.8.1 Payments due and unpaid under the Contract Documents shall become interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing at the place of the Project. 7.9 ARBITRATION 7.9.1 All claims, disputes and othe4 matters in question between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach there- of, exvept as provied in Subparagraph 2.2.11 with re- spect to the Architect's decisions on matters relating to artistic effect, and except for claims which have been warried by the making or acceplance of final payments as provided by Subparagraphs 9.9.4 and 9.9.5, shall be de- cided by arbutration in accordance with the Construction Industry Arburation Rules of te Amendment Arbration Association then obtaining unless the parties mutually agree otherwise. No Arburation arising out of or relating to the Contract Documents shall include by consoluda- tions joiner or in any other manner the Architect his employees or consultants except by written consent con- taining a specific reference to the Owner Contractor Agreement and signed by the Architect the Owner, the Contractor and any other person sought to be joined or in any other manner, parties other than the Owner then Contractor and any other persons substantally involved in a common question of fact or law, whose presence is 8.2.2 The Contractor shall begin the Work on the date of commencement as defied in Subparagraph 8.1.2. He shall carry the Work forward expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the prog- ress of the Work by any act or neglect of the Owner or the Architect, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor diputes, fire, unusual delay in transportation, adverse weather condi- tions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor's control, or by de- lay authorized by the Owner pending arbitration, or by any other cause which the Architect determines may justify the delay, then the Contract Time shall be ex- tended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Any claim for extension of time shall be made in writitng to the Architect not more than twenty days after the commencement of the delay; otherwise it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. 8.3.3 If no agreement is made stating the dates upon which interpretations as provided in Subparagraph 2.2.8 shall be furnished, then no claim for delay shall be al- lowed on account of failure to furnish such interpreta- tions, until fifteen days, after written requiest is made for them, and not then unless such claim is reasonable. 8.3.4 This Paragraph 8.3 does not exclude the recovery of damages for delay by either parts under othe provi- sions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is dated in the Owner-Contractor Agreement and including authorized adjustments thereto is the total mount payable by the Owner to the Contrac- tor for the performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment the Con- tractor shall submit o the Architect a schedule of values allocated to the various portions of the Work prepared in siuch term and supported by such data to substantrate at- the Architect may require the schedule un objected to by the Architect shall be made only as a the Contractor Application for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date progress payment established in the Owner-Contractor Agreement th eContractor shall submit to the Architect Application for Payment, notarized as required supported by such data substantiating the Contractor's right to pay- ment as the Owner or the Architect may require, and re- tecting retainage, if any, as provided elsewhere in the Contract Doucments. 9.3.2 Unless otherwise provided in the Contract Docu- ments payments will be made on account of materials or equipment not incorporated in the Work but delivered adn suitably stored at the site and, if approved in ad- vance by the Owner, payments may similarly be made for materials or equipment suitably stored at some other location agreed upon in writing. Payments for materials or equipment stored on or off the site shall be con- ditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equip- ment or otherwise protect the Owner's interest, including applicable insurance and transportation to the site for those materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the Owner either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, herein- after intested to in the Article 9 as and that no Work, materials or equipment covered by an Application for Payment other person performing Work at the site or furnishing materials and equipment for the Project sub- to an agreement under which an interest therein or an thereon is ratained by the seller or other- wise imposed by the Contractor or such other person. 9.4 CERIFICATES FOR PAYMENT 9.4.1 The Architect will within the re- ceipt of the Contractors Application for Payment, either issue a Certificate for Payment to the Owner, with a copy to the Contractor for such amount as the Architect determines is properly due or notify the Contractor in writing his reasponse for withholding a Certificate as pro- vided in Subparagraph 9.6.1 9.4.2 The issuance of a Certificate for Payment will con- stitute a representation by the Architect to the Owner, based on his observations at the site as provided in Sub- paragraph 2.2.3 and the data comprising the Application for Payment that the Work has progressed to the point indicated that to the best of his knowledge, information and belief the quality of the Work is in accordance with the Contract Documents subject to an evaluation o fthe Work for con with the Contract Documents upon Substantial Completion to the results of any subse- quent tests required by or performed under the Contract Documents to develop from the Contract Docu- ment prior to completion and to any specific Certificate and the Con- tractor is entitled to payment in the amount cerified. Howevr, to Certificte for Payment, the Archi- tect shall not thereby be deemed to represent that he has made on-site inspecitons to that he has award the construction means, methods, techniques, * AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION *THIRTEENTH EDITION * AUGUST 1976 A201-1976 13 AIA * c 1976 * THE AMERICAN INSTITUTE OF ARHITECTS, 1735 NEW YORK AVENEUE, N.W., WASHINGTON, D.C. 20006 sequences or procedures, or that he has made any exam- ination to ascertain how or for what purpose the Contrac0 tor has used the moneys previously paid on account of the Contract Sum. 9.5 PROGRESS PAYMENTS 9.5.1 After the Architect has issued a Certificate for Pay- ment the Owner shall make payment in the manner and within the time provided int he Contract Documents. 9.5.2 The Contractor shall promptly pay each Subcon- tractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcon- tractor is entitled, reflecting the percentage actually re- tained, if any, from payments to the Contractor on ac- count of such Subcontractor's Work. The Contractor shall, by an appropriate agreement with each Subcontractor, re- quire each Subcontractor to make payments to his Sub- subcontractors in similar manner. 9.5.3 The Architect may on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding the percentages of completion or the amounts applie for by the Contractor and the action taken there- on by the Architect on account of Work done by such Subcontractor. 9.5.4 Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any moneys to any Subcontractors except as may otherwise be required by law. 9.5.5 No Certificate for a progress payment, nor any progress payment nor any partial or occu- pancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Con- tract Documents. 9.6 PAYMENTS WITHHELD 9.6.1 The Architect may decline to certify payment and may withhold his Cerificate in whole or in part, to the extent necessary reasonable to protect the Owner, if in his opinion he is unable to make representation to the Owner as provided to Subparagraph 9.4.2. If the Architect is unable to make representations to the Owner as pro- vided in Subparagraph 9.4.2 and to certify payment in the amount of the Application, he will notify the Contractor as provided in Subparagraph 9.4.1. If the Contractor and teh Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which he is able to make such rep- resentations to the Owner. The Architect may also decline to cerifity payment or because of subsequently discov- ered evidence or subsequent observations, he may nullity the whole or any part of any Certificate for Payment previously issued, to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1. detective Work, not remedied, 2. third party claims, filed or reasonable evidence indi- cating prohale filing of such claims, 3. failure of the Contractor to make payment, prop- erly to Subcontractors or for labor materials or equipment, 4. reasonable evidence that the Work cannot be com- pleted fro the unpaid balance of the Contract Sum, 5. damage to the Owner or another contractor, 6. reasonable evidence that the Work will not be com- pleted within the Contract Time, or 7. persistent failure to carry out the Work in accord- ance with the Contract Doucments. 9.6.2. When the above grounds in Subparagraph 9.6.1 are removed, payment shall be made for amounts withheld because of them. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the contractor, within seven days after receipt of the Contractor's Application for Pay- ment, or if the Owner does not pay the Contractor within seven days after the date established in the Contractor Documents any amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days written notice to the Owner and the Architect stop the Work, until payment of the amount owing has been received. The Contract Sum shall be in- creased by the amount of the Contractor's reasonable costs of shut down, delay, and start-up, which shall be ef- fected by appropriate Change Order in accordance with Paragraph 12.3. 9.8 SUBSTANTIAL COMPLETION 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined in Subpara- graph 8.1.3, the Contractor shall prepare for submission to the Architect a list of items to be completed or cor- rected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. When the Architect on the basis of an inspection deter- mines that the Work or designated portion thereof is sub- stantial complete he will then prepare a Certificate of Substantial Completion which shall establish the Date of Substantial Completion shall state hte responsibilities of the Owner and the Contractor for security, maintenance, heat utilities, damages to the Work, and insurance, and shall the time within which the Contractor shall com- plete the items, listed therein. Warranties required by the Contract Doucments shall commence on the Date of Sub- stantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsi- bilities assigned to them in such Certificate. 9.8.2 Upon Substantial Completion of the Work or desig- nated portion thereof and upon application by the Con- tractor and certification by the Architect, the Owner shall make payment reflecting adjustments in retain age in any, for such Work or portion thereof as provided in the Con- tact Documents. 9.9 FINAL COMPLETION AND FINAL PAYMENT 9.9.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance adn upon re- ceipt of a final Application of Payment, the Architect will 14* A201-1976 AIA DOUCMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * THIRTEENTH EDITION * AUGUST 1976 AIA * c 1976 * THE AMERICANS INSTITUTE OF ARCHITECTS 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 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 Pyament 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- pleted in accordance with the terms and conditions of the ARTICLE 10 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 Contrator 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- tained percentage shall become due until the Contractor 10.2.1 The Contractor shall take all reasonable precau- submits to the Architect (1) an affidavit that all payrolls, tions for the safety of, and shall provide all reasonable bills for materials and equipment, and other indebtedness protection to prevent damage, injuryor loss to: connected with the Work for which the Owner or his .1 all employees on the Work and all other persons property might in any way be responsible, have been paid who may be affected thereby; or otherwise satisfied (2)consent of sutely, if any, to final .2 all the Work and all material and equipment to payment andd (3) if required by the Owner, other data be incorporated therein, whether in storage on or establishing payment or satisfaction of all such obliga- off the site, under the care, custody or control of tions, such as receipts, releases and waivers of liens aris- the Contractor or any of his Subcordinates or ing out of the Contract, to the extent and in such form Sub-subcontractors; and as may be designated by the Owner. If any Subcontractor .3 other property at the site or adjactent thereto, in- refuses to furnish a release or waiver required by the cluding trees, shrubs, lawns, walks, pavements, Owner, the Contractor may furnish a bond satisfactory to roadways, structures and utilities not designated for the Owner to indemnify him against any such lien. If removal, relocation or replacement in the course any such lien remains unsatisfied after all payments are of construction. made the Contractor shall refund to the Owner all mon- evs that the latter may be compelled to pay in discharging 10.2.2 The contractor shall give all notices and comply such lien, including all costs addnd reasonable attorneys' with all applicable laws, ordinances, rules, regulations and fees. lawful orders of any public authority hearing on the safety 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 of the Contractor or by the issuance of Change Orders 10.2.3 The Contractor shall erect and maintain, as re- affecting final completion and the Architect so confirms quired by existing conditions and progress of the Work, the Owner shall, upon application by the Contractor and all reasonable safegaurds for safety and protection, in- certification by the Architect, and without terminating cluding posting danger signs and other warnings against the Contract, make payment of the balance due for that hazards promoting safety regulations and notifying portion of the Work fully completed and accepted. If the owners and users of adjacent utilities. remaining balance for Work not fully completed and cor- rected is less than the retainage stipulated in the Contract 10.2.4 When the use or storage of explosives or other Documents and if bonds have been furnished as provided hazardous materials or equipment is necessary for the in paragraph 7.5 the written consent of the surely to the execution of the Work, the Contractor shall exercise the payment of the balance due for that portion of the Work utmost care and shall carry on such activities under the fully completed and accepted shall be made under the terms supervision of properly qualified personnel. and conditions governing final payment except that if shall not constitute a waiver of claims. 10.2.5 The Contractor shall promptly remedy all damage or loss lother than damage on loss insured under Para- 9.9.4 The making of final payment shall constitute a graph 11.3 to any propery reterrened to in Clauses 10.2.1.2 waiver of all claims by the Owner except those arising and j10.2.1.3 caused in whole or in part by the Contractor, from: any Subcontractor any Sub-subcontractor, or anyone di- .1 unsettled liens rectly or undirectly employed by any of them, or by any- .2 faulty or defective Work appearing after Substantial one for whose acts any of them may be liable and for Completion, which the Contractor is responsible under Clauses 10.2.1.2 .3 failure of the Work to comply with the require- and 10.2.1.3 except damage or loss attrubutable to the ments of the Contract Documents, or acts of ommissions of the Owner or Architecht or anyone .4 terms of any special warranties required by the directly or indirectly employed by either of them, or by Contract Documents. anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contrac- tor the foregoing obligations of the Contractor are in addition to his obligations under Paragraph 4.18 AIA DOCUMENT A201 GENERAL CONDITIONS OF CONTRACT FOR CONSTRUCTION AUGUST 1976 AIA 1976 THE AMERICAN INSTITUTE OF ARCHITECHTS, 1745 NEW YORK AVE NW WASHINGTON DS A201-1976 15 10.2.6 The Contractor shall designate a responsible mem- ber of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contrac- tor's superintendent unless otherwise designated by the Contractor in writing to the Owner and the Architect. 10.2.7 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Con- tractor on account of emergency work shall be deter- mined as provided in Article 12 for Changes in the Work. ARTICLE 11 INSURANCE 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone di- rectly or indirectly employed by any of them, or by any- one for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, diability benefit and other similar employee bene- fit acts; .2 claims for damages because of bodily injury, oc- cupational sickness or disease, or death of his employees; .3 claims for damages becasue of bodily injury, sick- ness or disease, or death of any person other than his employees; .4 claims for damages insured by usual personal in- jury liability coverage which are sustained (1) by any person as a result of an offense directly or in- directly related to the employment of such person by the Contractor, or (2) by any other person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and .6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than any limits of liability specified in the Contract Documents, or required by kawm wgucg- ever is greater. 11.1.3 The insurance required by Subparagraph 11.1.1 shall include contactual liability insurance applicable to the Contractor's obligations under Paragraph 4.18. 11.1.4 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain a provision that coverages afforded under the policies will not be can- celled until at least thirty days' prior written notice has been given to the Owner. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under the Contract. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the 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 physical loss or damage including, without duplication of coverage, theft, vandalism and malicious mischief. If the Owner does not intend to purchase such insurance for the full insurable value of the entire Work, he shall in- form the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of himself, his Subcontrac- tors and Sub-subcontractors in the Work, and by ap- propriate Change Order the cost thereof shall be charged to the Owner if the Contractor is damaged by failure of the Owner to purchase or maintain such isnsurance and to so notify the Contractors then the Owner shall hear all reasonable p thereto. If not cov- ered under the risk insurance or otherwise provided in the Contract Documents, the Contractor shall effect and maintain similar property insurance or portions of the Work stored off the site or in trasit when such por- tions of the Work are to be included in an Application for Payment under Subparagraph 2.3.2. 11.3.2 The Owner shall purchase and maintain such boiler and machinery insurance as may be required by the Con- tract Documents or by law. This insurance shall include the interest of the Owner the Cotnractor, Subcontrac- tors, and Sub-subcontractors in the Work. 11.3.3 Any loss insured under Subparagraph 11.3.1 is to be adjusted with the Owner and made payable to the Owner as trustee for the insured, as their interests may appear, subject to the requirements of any applicable mortigagee clause and of Subparagraph 11.3.8. the Con- tractor shall pay each Subcontractor a just share of any insuance moneys received by the Contractor, and by ap- proper the agreement written where legally required for . require each to be to main pay- ment to be Sub-subcontractors in similar manner. 11.3.4 The Owner shall file a copy of all policies with the Cotractor befor an exposure to loss may occur. 11.3.5 If the Contractor requests in writing that insurance for risks other than those described in Subparagraphs 11.3.1 and 11.3.2 or other special hazards be included in the property insuance policy, the Owner shall, if pos- sible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 16 * A201-1976 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCITON * THRITEENTH EDITION * AUGUST 1976 AIA * c 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 (1)each other and the Subcontractors, Sub-subcontractors, agents and employees each of the other, and (2) the Architect and separate contractors, if any, and their sub- contractors, sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Paragraph 11.3 or any other properly insuance applicable to the Work, except such rights as they may have to the pro- ceeds of such insurance held by the Owner as trustee. The foregoing waiver afforded the Architect, his agents and employees shall not extend to the liablity imposed by Subparagraph 4.18.3. The Owner or the Contractor, as appropriate, shall require of the Architect, separate con- tractors, Subcontractors and Sub-subcontractors by ap- propriate agreements, written where legally required for validity, similar waivers each in favor of all other parties enumerated in this Subparagraph 11.3.6. 11.3.7 If required in writing by any parts in interest, the Owner as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of his duties. He shall deposit in a separate account any money so re- ceived, and he shall distribute it in accordance with such agreement as the parties in interest may reach, or in ac- cordance with an award by arbitration in which case the procedure shall be as provided in Paragraph 7.9. If after such loss no other special agreement is made, replace- ment of damaged work shall be covered by an appropri- ate Change Order. 11.3.8 The Owner as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to the Owner's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Paragraph 7.9. The Owner as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If dis- tribution of the insurance proceeds by arbitration is re- quired, the arbitrators will direct such distribution. 11.3.9 If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Com- pletion thereof, such occupancy or use shall not ocm- mence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have con- sented by endorsement to the policy or policies. This in- surance shall not be cancelled or lapsed on account of such partial occupancy or use Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonable withheld. 11.4 LOSS OF USE INSURANCE 11.4.1 The Owner, at his option, may purchase and main- tain such insurance as will insure him against loss of use of his property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of his property, including con- sequential losses due to fire or other hazard, however caused, to the extent covered by insurance under this Paragraph 11.4. ARTICLE 12 CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.1 A Change Order is written order to the contrac- tor signed by the Owner and the Architect, issued after execution of hte Contract, authorizing a change in the Work or an adjustment in the Contract Sum or the Con- tract time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement there- with, including the adjustment in the Contract Sum or the Contract Time. 12.1.2 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Docu- ments. 12.1.3 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: .1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 by unit prices stated in the Contract Documents or subsequently agreed upon; .3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 by the method provided in Subparagraph 12.1.4. 12.1.4 If none of hte methods set forth in Clauses 12.1.3.1, 12.1.3.2, 12.1.3.3 is agreed upon, the Contrac- tor, provided he receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the Architect on the basis of hte reasonable expenditures and savings of those performing the Work attributable ot the change, including, in the case of an increase in the Con- tract Sum, a reasonable allowance for overhead and profit. In such case, and alos under Clauses 12.1.3.3 and 12.1.3.4 above, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized account- ing together with appropriate supporting data for inclu- ded in a Change Order. Unless otherwise provided in the Contract Documents cost shall be limited to the fol- lowing cost of materials including sales tax and cost of delivery, cost of labor including social security, old age and unemployment insurance and fringe benefits re- quired by agreement or custom workers' or workmen's compensation insurance bond premiums; rental value of equipment and machinery, and the additional costs of and field office personnel directly attributable to the change. Pending final determination of cost to the Owner payments on account shall be made on the Archi- tect Certificate for Payment. The amount of credit to be 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 * c 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 Sum will be the amount of the actual net cost as con- firmed by the Architect. When both additions and credits 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, with respect to that change. 12.1.5 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quanitites orig- inally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial in- equity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. 12.2 CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordi- narily encountered and gererally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitable ad- justed by Change Order upon claim by either party made within twenty days after the first observance of the conditions. 12.3 CLAIMS FOR ADDITIONAL COST 12.3.1 If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Architect written notice thereof within twenty days after the occur- rence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall pro- ceed in accordance with Paragraph 10.3. No such claim shall be valid inless so made. If the Owner and the Con- tractor cannot agree on the amount of the adjustment in the Contract Sum it shall be determined by the Architect. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. 12.3.2 If the contractor claims that additional cost is in- volved because of, but not limited to (1) any written interpretation pursuant ot Subparagraph 2.2.8. (2) any order by the Owner to stop the Work pursuant to Para- graph 3.3 where the Contractor was not at fault (3) any written order for a minor change in the Work issued pur- suant to Paragraph 12.4 or (4) failure of payment by the Owner pursuant ot Paragraph 9 the Contractor shall make such claim as provided in Subparagraph 12.3.1. 12.4 MINOR CHANGES IN THE WORK 12.4.1 The Architect will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not incosistent with the intent of the Contract Docu- ments. Such changes shall be effected by written order, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 13 UNCOVERING AND CORRECTION OF WORK 13.1 UNCOVERING OF WORK 13.1.1 If any poration of the Work should be covered con- trary to the request of hte Architect or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for his observation and shall be replaced at the Contractor's expense. 13.1.2 If any other portion of the Work has been covered which the Architect has not specifically requested to ob- serve prior to being covered, the Architect may request to see such Work and it shall be uncovered by the Con- tractor. If such Work be found in accordance with the Contract Documents, the cost of uncovering and replace- ment shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance with the Contract Documents, the Contractor shall pay such costs unless it be found that this condition was caused by the Owner or a separate contractor as provided in Article 6, in which event the Owner shall be repsonsible for the payment of such costs. 13.2 CORRECTION OF WORK 13.2.1 The Contractor shall promptly correct all Work reject by the Architect as defective or as failing to con- form to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed, or completed. The Contractor shall bear all costs of correcting such rejected Work including compensation for the Architect's additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or desginated portion thereof or within one year after acceptance by the Owner of desig- nated equipment or within such longer period of time as may be prescribed by law or by the terms of any appli- cable special warranty required by the Contract Docu- ments, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condi- tion this obligation shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 13.2.3 The kcontractor shall remove from the site all por- tions of the Work which are defective or non-conforming and which have not been connected under Subparagraphs 4.3.1, 13.2.1, and 13.2.2, unless removal is waived by the Owner. 13.2.4 If the Contractor fails to correct defective or non- conforming Work as provided in Subparagraphs 4.5.1, 13.2.1, and 13.2.2, the Owner may correct it in accordance with Paragraph 3.4. 18 *A201-1976 AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACTS FOR CONSTRUCTION * THIRTEENTH EDITION * AUGUST 1976 AIA * c 1976 * THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 13.2.5 If the Contractor does not proceed with the cor- rection of such defective or non-conforming Work within a reasonable time fixed by written notice from the Archi- tect, the Owner may remove it and may store the mate- rials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Conractor, including compensa- tion for the Architect's additional services made necessary thereby. If such proceeds of sale do not cover all costs which the Contractors should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 13.2.6 The Contractor shall bear the cost of making good all work of the Owner or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents including Paragraph 4.5 hereof. The establishment of hte time period of one year after the Date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Docu- ments relates only to the specific obligation of the Con- tractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be com- menced to establish the Contractor's liability with respect to his obligations other than specifically to correct the Work. 13.3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK 13.3.1 If the Owner prefers to accept defective or non- conforming Work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 14 TERMINATION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 If the Work is stopped for a period of thirty days under an order of any court or other public authority having jusrisdiction, 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 employ- ees or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor because the Architect has not issued a Certifi- cate for Payment as provided in Paragraph 9.7 or because the Owner has not made payment thereon as provided in Paragraph 9.7, then the Contractor may, upon seven addi- tional days' written notice to the Owner and the Archi- tect, terminate the Contract and recover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construc- tion equipment and machinery, including reasonable profit and damages. 14.2 TERMINATION BY THE OWNER 14.2.1 If the Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his credi- tors, or if a receiver is appointed on account of his in- solvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is pro- vided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any right or remedy and after giving the Contractor and his surely, if any, seven days' written notice, terminate the employment of hte Contractor and take possession of the site and of all mate- rials separate tools construction equipment and machinery thereon owned by the contractor and may finish the Work by whateve method he may deem expedient. In such case the Contractor shall not be en- titled to receive any further payment until the Work is finished. 14.2.2 If the unpaid balance of the Contract Sum exceeds the costs of finishing the Work, including compensation for the Architect's additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or to the Owner, as the case may be shall be cerified by teh Architect, upon appplication, in the manner provided in Paragraph 9.4 and this obliga- tion for payment shall survive the termination of the Contract. AIA DOCUMENT A201 * GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION * THIRTEENTH EDITION * AUGUST 1976 * AIA * c 1976 * THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1976 19 FALLS TOWNSHIP WATERFRONT PARK SUPPLEMENTARY GENERAL CONDITIONS GENERAL The Supplementary General Conditions contain changes and additions to the AIA General Conditions. Where any part of the AIA General Conditions is modified or voided by the Supplementary Conditions, the unaltered portions of the provision shall remain in effect. Following is a list of subparagraphs added, modified or voided: 1.1 ?. 2.9 11.10.1 5.2.3 8.2.3 11.1.6 12.1.3 18.1 24.1 1.1.1 4.4 4.12 5.2.4 8 .3 11.1.7 15.1 19.1 1.1.5 4.4.3 4.12.9 7.5 8.3.2 11.1.8 15.1.1 20.1 1.1.6 4.7 5.2 7.5.2 11.1 11.1.9 15.1.2 21.1 1.3 4.7.5 5.2.1 7.7 11.1.4 11.1.10 15.1.3 22.1 1.3.1 4.10 5.2.2 8.2 11.1.5 12.1 17.1 23.1 1.1 DEFINITIONS Revise first sentence of paragraph 1.1.1 asset forth below: The Contract Documents consist of the Agreement, the Conditions of the Contract (General, Supplementary, and Other Conditions), Performance Bond, Labor and Materials Payment Bond, the Drawings, the Specifications, all Addenda issued prior to execution of the Agreement and all Modifications thereto. Add the following sentence to paragraph 1. 1. 1. Following are the Drawinqs which form a part of this Contract, as set forth'in paragraph 1. 1. 1 of the General Conditions. List of Drawings L-I Grading Plan L-2 Location Plan 1.1.5 The term "provide" means furnish and install all materials and equipment incor- porated in construction, or to be incorporated in construction, required by the Contract Documents and includes all labor necessary to produce such construction. 1.1.6 The term "Owner" refers to the Township of Falls, Pennsylvania. 1.3 Copies Furnished and Ownership Add f lie following paragraph 1.3. 1: The Owner -will-Jurnish fen (10) sets of Dra\,,,ings and Specifications to the Contractor without charge, which are to be returned to the Architect or suitably accounted for upon request. In addition the Owner will furnish each Contractor, without charge, three copies of additional details or supplemental instructions issued during the course of construction. Additional copies of any documents shall be paid for by the Contractor requesting some. SUPPLEMENTARY GENERAL CONDITIONS SGC- I FALLS TOWNSHIP WATERFRONT PARK 2.2 Administration of the Contract Add the following sentences to 2.2.9: This shall be a condition precedent to arbitration of any claim. Should the architect fail to render a written decision the provision of 2.2.12 shall govern. 4.4 Labor and Materials Add the following paragraphs: 4.4.3 It is the intent of these specifications to establish standards of quality and style of materials, equipment and products to be installed in this project. Within a period of 45 days offer the Contract has been awarded, if the Contractor desires he may submit to use materials or equipment or products other than those specified provided that the proposed substitution materials, equipment and products are in no ways inferior in quality and style to those specified; it shall be the burden and obligation of the Contractor to demonstrate the lack of substantial differences in quality and style between the proposed substitute items and those specifed. The Contractor shall so request and state in a separate statement and provide a list of porposed substitutions (manufacturer brand name, catalog number, etc.) and state what the difference each will make (addition, deduction, no change) in the Contract price (which Contract price shall be based solely on strict adherence to Contract Specifications in all respects). He shall also submit data showing that proposed substitution are not diffrerent from the specified types, or wherein they do differ. Bidders are instructed to pay particula 'r attention to the true intent of these paragraphs. While there is not any intent to limit competition, it must be recognized that in instances where particular items or groups of items are specifically mentioned that it is the intent that competition be restricted to the specified level of quality. The term "equal" is not necessarily limited to the physical or technical properties of the product or material but is construed to encompass the finish, color, texture and other pertinent architectural qualities in like regard. Failure to satisfy in any one respect may he sufficient cause for rejection of substitute materials. Where such substitution alters the design or space requirements indicated in the Contract, the Contractor shall include, absorb and list all items of cost for the revised design and construction, including cost of all allied trades involved. Under no circumstances will either the Architects or the Owner be liable for delays to the work incurred through Contractor's requests to have substitute materials approved. If testing is required the time thus expended shall be the sole responsibility of the Contractor, regardless of whether final judgement results in rejection or approval of the proposed substitution. Acceptance or rejection of the proposed substitution'shall rest with the Owner based on the recommendations of. the Architect. If requested, Contractor shall submit for inspection, samples of both the specified and proposed substitute items. No extra costs resulting from a suhstitution proposed by the Contractor shall evolve upon the Owner, the Architects or another Contractor. 4.7 Permits and Fees: Add the following paragraph 4.7.5: 4.7.5 The Contractor shall secure the complete approval of all authorities having jurisdiction and if necessary shall furnish all drowinqs and documents for such approval. He shall deliver photostatic copies of all permits and receipts for payment thereof to the Architect. SUPPLEMENTARY GENERAL CONDITIONS SGC-2 FALLS TOWNSHIP WATERFRONT PARK 4.10 Progress Schedule Add the following sentence to paragraph 4.10.1: The progress schedule shall be revised and updated when requested by the Owner or the Architect. 4.12 Shop Drawings and Samples: Add the following paragraphs: 4.12.9 The Contractor shal I keep one ( 1) copy of the approved shop and set ting drawings of the project site. [\to work covered by shop and.setting drawings shall proceed without (1) receipt by the Contractor of the Architect's or the respective Enaineer's approval of said drawings and (2) distribution by the Contractor to the Owner's representative of required copies -of said approved drawings. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work Delete paragraphs 5.2.1, 5.2.2, 5.2.3 and 5.2.4 and substitute the following: 5.2.1 The Contrator shall not award any work to any subcontractor without prior approval of the Architect. Such approval need not be given until the Contractor submits to the Architect a written statement concerning the proposed award to the subcontractor, which statement shall contain all information that the Architect may require. 7.5 Performance Bond and Labor and Materials Bond Add the following paragraph: 7.5.2 The 'Contractor shall be required to provide simultaneously, Performance Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the contract price covering the faithful performance of the contract and the payrnent of all obligations arising thereunder. The bonds shall be executed in the form specified herein. 7.7 Tests Add the following paragraph 7.7.5: 7.7.5 All material and workmanship shall be subject to inspection and tests by the Owner during construction and at all other times and places, to the extent practicable. 8.2 Progress and Completion Add the following paragraph 8.2.3: It is the intent of the Owner to issue "Notice to Proceed" to the successful t-@idders as soon sit-fle. after receipt of hids. Contractor shall cornmence work riot rnore thnn ten (10) calendar days after receipt of such Notice. Such @ lotice shall he contingent upon Cis pos successful bidder's satisfactory cornpletion and execution of Agreement, Bond, Insurances and other Security forms required. Inasmuch as the performance of this Contract and completion of the work are for the purpose of enablinq the Owner to D,roceed with the construction of a greatly needed improvemerif in accordance with a pre-determined program, all provisions relating to the time of performance and completion of the vlork are SUPPLEMENTARY GENERAL CONDITIONS SGC-3 FALLS TOWNSHIP WATERFRONT PARK the essence of this Contract, and it is hereby understood and mutually agreed, between Contractor and Owner, that the date of beginning, rate of progress and time of completion of the work required hereunder are essential conditions of the Contract. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time specified herein for completion of the work, is a rea 'sonable time for completion of some. The Contractor agrees that the work will be performed in an orderly and organized manner and at such a rate of progress cis will insure Substantial Completion of the entire work within a period of one hundred eighty (180) consecutive calendar days, such period to commence upon receipt of Notice to Proceed." 8.3 Delays and Extension of Time Delete paragraph 8.3.2 and add the new paragrah 8.3.2: No extension of tirne shall be made for any one or more delays unless within five (5) days after the beginning of such delays a written request for additional time shall be filed with the Architect. In case of a continuing cause of delay only one request is necessary. The Contractor shall neither make or assert a claim for damage against the Owner by reason of any delays herein mentioned, including without limitation, delays arising out of change orders, and agrees that his sole claim in the event of any such delays is limited to extension of time for completion of the work. The Contractor's inability to secure sufficient manpower for the performance of the Contract shall not constitute a basis for an extension of time. 11. 1 Contractor's Liability Insurance Add the following sentences and paragraphs: 11. 1.4 Add the following sentence at the end: "and shall certify that the Township of Falls and the County of Bucks are additional named insured on all policies." 11.1.5 The Contractor shall not commence work under this Contract until he has obtained all the insurance required hereunder and such insurance has been approved by the Owner, nor sholl the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractors has been so obtained and approved. The following paragraphs list that insurance policies be extended to cover all work done by all of the Contractor's subcontractors. 11. 1.6 The insurance required is as specified below and in the amount indicated: I 1. Workmen's Compensation and ErTIployer's Liability Insurance a. Statutory: Amounts and coverage as required by low of the place of the work. 2. Comprehensive General Liability Insurance a. Pubfic L+nbility: Including Premises, Products, Comr)leted Operations and Can- tractural Bodily Injury Liability $ 500,000.00 each person $ 1,500,000.00 each occ'urance 3. Comprehensive Automobile L.iobil ity Insurance, including owned, non-owned, and hired vehicles SUPPLEMENTARY GENERAL CONDITIONS SGC-4 FALLS TOWNSHIP WATERFRONT PARK 0. 250,000.00 each person 1,000,000.00 each occurance b. Property Damage Liability $ 100,000.00 each occurance 11.1.7 Contractor shall maintain Completed Operations Insurance for a period of two (2) years after final acceptance of the Contract. 11. 1.8 Bodily injury and property damage coverage tinder both Comprehensive General and Comprehensive Automobile Insurance policies shall include the "Occurance" basis wording which means an event or continuous or repeated exposure to conditions which unexpectedly causes injury during the policy period. 11.1.9 Comprehensive General Liability policies shall include Standard Broad Form property damage endorsement for the Contractor, his subcontractors and any and all other tradesmen engaged on the project. 11. M 0 Each Contractor agrees to assist in every manner possible in the reDortinq and investigating of any accident, and upon request, to cooperate with, all interested insurance carriers in the handling of any claim by securing and giving evidence and obtaining the attendance of witnesses as required for any claim or suit. 12.1 Change Orders Revise paragraph 12.1.3.3 to read as follows: 12.1.3.3 By cost and a fixed precentage fee as stated below, the cost shall consist of: 1. For subcontracted work: Subcontractor's billings, plus 5% of subcontractor's billing for overhead and profit. 2. For Contractor's direct work: The net amount of Contractor's direct cost, labor (including payroll taxes, insurance and all other related payroll costs), materials, equipment, transportation and taxes, plus 15% for overhead and profit. 3. The addition of I and 2 above, where both apply. THE FOLLOWING NEW PARAGRAPHS ARE ADDED TO THE AIA GENERAL CON- DITIONS: 15.1 Guarantees and Correction of Work 15.1.1 "General Guarantees" The Contractor guarantees all of the work, performed under his Contract, including such change orders as may be executed, for a minimum period of one (1) year from the date of Final Acceptance of the work as follows: Against all faulty of imperfect materials, and against all imperfect, careless and unskilled workmanship. The completed work shall resist damage successfully by exposure to foreseeable weather, and damage by intrusion of foreseeable wind, wind-borne water, and surface drainage. Against defacernents, such cis uncontrolled cracking, spalling, delarnination (Ind peelinq of finish surface such cis concrete and masonry. SUPPI-FMFNTARY GFNFRAL CONDITIONS SGC-5 FALLS TOWNSHIP WATERFRONT PARK General and Manufacturer's and Subcontractor's guarantees shall cover a longer period when and if so stipulated in respective Specification Sections. 15.1.2 "Manufacturer's and Subcontractor's Guarantees" In addition to the General Guarantees, the Contractor shall comply with and furnish any and all guarantees of whatever nature referred to in respective Specifications Section. As a condition precedent to his right of final payment, Contractor shall deliver to the Owner two (2) copies of all manufacturer's guarantees, service contracts, and other guarantees, In each section of the work in which a guarantee is required, the Contractor shall require each subcontractor to execute a satisfactory written guarantee in which the Contractor and the Owner are named cis beneficiaries. 15.1.3 "Contractor's Continuing Responsibilities and Obligations" The guarantee obli- gations assumed by the Contractor under this Contract shall not be held or taken to be in any way impaired because of the Specification, indication or approval by or on behalf of the Owner of any article, materials, means, methods, arrangements, combinations or things used or to be used in the construction, performance and completion of the work or any part thereof. No acceptance or use of the work or any part thereof, nor any failure to use the same, nor any repairs, adjustments or corrections made by the Owner due to the Contractor's failure to comply with any of his obligations under the Contract, shall impair in any way the Contractor's responsibility under tl-)is Contract. The specific contractural liability period of one year, for correction of observed defects in materials and workmanship not otherwise guaranteed for longer periods, shall not be construed to waive the Owner's rights under the Pennsylvania Statue of Limitations. 17.1 Meetings Progress Meetings shall be held at least once each month at the job site at a regular time and day set by the Architect. The frequency may be changed by the Architect to suit current conditions. @The Contractor, those of his subcontractors concerned with current progress or with scheduling of future progress, the Owner and the Architect shall each be represented at these Progress Meetings by persons farnilar with the details of the work and authorized to conclude matters relative to work progress, establishment of progress sche- dules, etc., as may be necessary to expedite completion of the work. The Contractor and his subcontractors attending these meetings shall present complete and definitive reports as to the status of their respective work, conditi6ns of product and equipment, manu- facture, labor availability, productivity and cooperation, shipping data, time of completion of sequences of the wort<, and any other information bearinq upon the execution of the Contract or subcontract. For the Owner's convenience, the Architect will chair the Meetings, will keep accurate minutes and will reproduce and promptly distribute a sufficient numb(-r of copies to all concerned. The Architect will, on behalf of the Owner, keep the Contractor informed of current change orders and field orders. 18.1 Subsurface Conditions Bidders may interpret for themselves the conditions underlying the surface of the project within the contract depths indicated on the drawings. If additional information is deemed necessary by the Bidder, it shall be his sole responsiblity to make such other investigation as he deems necessary to satisfy his requirements. SUPPLFMENTARY GENERAL CONDITIONS SG(--6 FALLS TOWNSHIP WATERFRONT PARK Should unforeseen conditions be encountered the Contractor shall immediately give notice to the Architect of such condition. The Architect shall promptly investigate the condition(s) and render an immediate decision in writinq, setting forth such action as may be necessary to correct or remove the condition, setting forth such action as may be necessary to correct or remove the condition. 19.1 Use of Completed Parts The Owner shall have the right, with the written agreement of the Contractor, to make use of any completed or partially completed portion of the work, whether or not the time may have expired for completion but such use shall not be deemed an acceptance of the work so taken or used, or any portion thereof. Prior, however, to the Owner taking possession, an inspection shall be made by the Architect of the portions to be occupied to determine if some is in conformity with the contract and the Contractor will not be liable for any subsequent damage due to occupancy of the completed portion occupied. 20.1 Assignment All contracts are personal and the assignment by the Contra ctor of this Contract or any interest therein of any monies due or to become due by reason@of the terms hereof or subletting any part of the work without prior written co nsent of the Owner shall be void. 21.1 Materials and Labor Contractor agrees to pay for all materials, skill, labor and instrumentalities used in or in connection with the performance of this contract when and as bills, or claims therefore become due and to save harmless and indemnify and protect the premises and Owner from and against any such claims and the Owner may retain monies for such indemnification. 22.1 Strikes, Etc. The Owner assumes no obligation toward Contractor, directly or indirectly caused or arising from strikes, lockouts, action of the elements, changes in prices, costs or taxes, or other factors beyond the direct and full control of the Owner. 23.1 Protection The Contractor will be responsible for breaking or otherwise damaging the facilities or prernises; and any expense for repair or restoration thereof must be paid by the Contract, or the amount necessary therefore will be deducted from any money due or to become due under the Contract. 24.1 Employment Practices The parties do hereby agree that the provisions of the H.U.D. dealing with discrimination in employment on public -contracts, and the Rules and Regulations promulgated pursuant thereunto, ore he-reby made a part of this Contract and are binding upon the parties by reference hereto. END OF SECTION SGC. Y JPPI-FMFI\ITARY CFNFR-AL C01"\IDITIONS FALLS TOWNSHIP WATERFRONT PARK NON DISCRIMINATION CLAUSE: During the performance of this contract, the contractor agrees cis follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertisina; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscriminating clause. 2. The contractor will, in all solicitations or advertisements for-employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of the Executive Order No. 11246 - of September 24,1965, and shal I post copies of the notice in conspicuous places available to employees and applicants for employment. 4. T*he Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor, for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, or terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked cis provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or cis otherwise provided by law. 7. The contractor will include the provisions of Parca 'rophs (1) throuah (7) in every subcontract (-,w purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Secfion?04 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will -take such action with repsect to any subcontract or purchase order as the contracting ac 'jency may direct as a means of enforcing such provisions includina sanctions for noncompl i once: Provided, howeverL that in the event the contractor becomes involved in, -or is threatened with, litigation with a sub- NON-DISCRIMINATION CLAUSE FALLS TOWNSHIP WATERFRONT PARK contractor or vendor as G result of such direction by the contracting agency, the contractor may request the United States to enter into such litiaction to protect the interests of the United States." END OF NON-DISCRIM [NATION CLAUSE NON-DISCRIMINATION CLAUSE 2 FALLS TOWNSHIP WATERFRONT PARK ANTI-POLLUTION MEASURES Act No. 247 of the General Assembly of Pennsylvania, effective November 25, 1972, requires that the Township advise bidders on public works construction contracts of the federal and state statutes, rules, and regulations dealing with the prevention of the environment pollution and the preservation of public natural resources that apply to the project on which bids are being received. The bidder shall thoroughly acquaint himself with the terms of the statutes, rules, and regulations enumerated in this special requirement, and shall include in the bid prices all costs of complying with the terms of the listed statutes, rules, and regulations. No separate or additional payment will be made for such compliance. The bidder shall determine what, if any, local ordinances, codes, and regulations apply to his work. He shall comply with all such ordinances, codes and regulations. All those submitting bids agree that if awarded a contract, to construct all or any part of the project, they will undertake additional work which may be required by the enactment of new or the amendment of existing statutes, rules, or regulations occurring after the submission of the bid, and pertaining to the prevention of environment pollution and the preservation of public natural resources. If additional work is required by the enactment of new or the amendment of existing statutes, rules or regulations, the Owner is authorized to issue a change order setting forth the additional work that must be undertaken and such change order shall not invalidate the previously awarded contract. The awarding authority reserves the right to contract with another party with reaard to the additional work required by the enactment of new or the amendment of existing statutes, rules and regulations occurring after the submission of the bids. The Contractor will he required to comply with the following acts and regulations, as amended. This list is comprised of three parts: Part I listing Pennsylvania's statutes and the rules and requlations promulgated thereunder which are administered by the Depart- ment of Environmental Resources, Part 11 listing federal statutes in alphabetical order withg the regulations promulgated thereunder, and Part III listing other relevant Pennsyl- vania laws. END OF ANTI-POLLUTION MEASURES ANTI-POLLUTION MEASURES FEDERAL LABOR STANDARDS PROVISIONS 1. APPLICABILITY The Project or Program to which the work coverd by this Contract pertaining in being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assist- ance. 2. MINIMUM WAGE RATES FOR LABORERS AND MECHANICS All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regula- tions issued by the Secretary of Labor, United States Department of labor, pursuant to the Antil- Kickback Act here in after identified), the fall amount due at time of payment computed at wage rates not less than those contained in the determination decision of said Secretary of Labor ( a copy of which is attached and herein incorporated by reference), regardless of any contractual relationship which may be alleged to exint between the Contractor or any subcontractor and such work shall be paid is cash, except that payment may be if the employer provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without cost or expense to the employer. For the purpose of this , contributions made or costs reasonably anticipated under Section 1 (b) (2) of the Davis- Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5 (a) (1) (iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contribu- tions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. FALLS TOWNSHIP WATERFRONT PARK SECTION I A -GENERAL REQUIREMENTS GEI',,IERAL Applicable provisions of the Contract, incl uding General and Supplementary Conditions apply to the work in this section. TEMPORARY TOILET FACILITIES: The Contractor shall provide suita@)Ie temporary toilets, at an approved location on the site, prior to the start of any field work, and complying with State and local laws and. Roard of Health requirements. Toilets shall he rented from a commercial service organization. Toilets shall be of the portable chemical type with screened enclosures with door, each having a urinal and water closet, and mounted on skids. One unit shall be provided for each 30 employees. Each unit shall be serviced by the commercial service organization, of least twice a week, including removal 'of waste matter, sterilizing, recharging tank, refilling tissue holders, and thorough cleaning and scrubbing of entire interior which shall be maintained in respectable condition. Remove units from site at completion of work when directed by Architect. TEMPORARY STAGING, FALSEWORK, SHORING, BRACING, PROTECTIVE ENCLO- SURES, DERRICKS, CRANES: The Contractor (and each subcontractor entering upon the work) shall arrange to furnish, install, erect, maintain, r3rotect, dismantle and remove such temporary construction named above, for his own use durino the pro 'ject construction; wherever possible, for economy of time and effort, Contractor (and subcontrators) shall collaborate to avoid repetitious or redundant erection of temporary construction. The Contractor shall assume complete responsibility for stability, safety, wind and fire resistance, warning lights, signs, and operating signals and procedures and shall conform to all national safety standards, and Federal, State and Local laws and requirements. TEMPORARY LIGHT AND POWER The Contractor shall furnish all labor, materials and equipment required to provide a systern of temporary light and power for construction and paid for by him except as noted hereinafter. Provide the necessary distributing facilities and meter. The Contractor shall pay for the cost of electrical power for the work. TEMPORARY DRAINAGE OF IPASTE, GROUND AND STORM WATER: Disposal in safe and satisfactory manner, by pumping and boiling and hy conveying system to permit no standing water at'any time on structure, te .mporary works, stored materials, or subgra(fe-@ 11-S -tJie responsibility of -the Contractor. He, shall at all time protect and sofequard the safety, stability and integrity of temporary wor@s, construction, structure, equipment and materials. If another Subcontractor excavates below the level of excavations required by the Contractor, the Subcontractor shall provide whatever pumping, boiling or conveying may be required to keep his excavation dry; Contractors shall de-water their own trenches. GENERAL REQUIREMENTS IA-I FALLS TOWNSHIP WATERFRONT PARK ACCESS ROUTE AND TRAFFIC COHTROL The Contractor shall be responsible for maintaining access to the site. Access to site shall recognize traffic safety standards and shall be kept passable in all weather during process of the work. The Contractor shall cooperate with the Owner to protect and limit unauthorized access to the construction area. The Contractor shall be responsible for restorinq all areas and existing municipal roads disturbed during the progress of the work to their original condition. STORAGE SHEDS, TOOL SHEDS, SHOPS, EMPLOYEES' SHEDS Each Subcontractor shall provide and -maintain for his own use, and as each deems necessary, suitable and safe temporary storage, tool shops, employees sheds, for proper protection, storage, work and shelter respectively, maintain properly, remove them at completion of work. Locations shall be as directed by the Contractor, with the consent of the Owner. TEMPORARY SIGNS: No manufacturer's names or signs shall be permitted on the site. PROJECT SIGN: The Confractor shall erect a sign of the project site identifying the project and indicating that the Government is participating in the development of the project. A four foot by eight foot sign, well braced and supported by It x 4 treated posts shall be created at a prominent location approved by Falls Township and the Architect. Sign boards may be constructed from Exterior Grade B-C plywood, sanded both sides, with the 8 foot dimension horizontal. Lettering shall be in fast blue block letters of 4" and 3" minimum size. Engage an experienced sign painter to paint graphics required. The sign will incorporate the following: FALLS TOWNSHIP WATERFRONT PARK FOR THE FALLS TOWNSHIP BOARD OF SUPERVISORS funded by OFFICE OF COASTAL ZONE MANAGEMENT U.S. DEPARTMENT OF COMMERCE UNIPLAN architects, engineers and planners CONTRACTOR A sign layout will be submitted to the Owner and Architect for approval before execution. GENERAL REQUIREMENTS I A-2 FALLS TOWNSHIP WATERFRONT PARK STAKING OUT: Before site clearing earthwork and site grading operations are started, the Contractor shall have the site completely staked out by an approved Engineer or Surveyor. ENVIRONMENTAL PROTECTION PROCEDURES: Provide facilities, establish procedures, and conduct construction activities in a manner which will ensure compliance with Owner's environmental impact statement and other regulations controlling construction activities at project site. Designate one. person, the Construction Superintendent or other, to enforce strict discipline on activities related to generation of wastes, pollution of air/water/soil, generation of noise, and similar harmful and deleterious effects which might violate regulations or reasonably irritate persons at or in vicinity of project site. END OF SECTION IA. GENERAL REOUIREMENTS I A-3 FALLS TOWNSHIP WATERFRONT PARK SECTION IB -ALTERNATES RELATED DOCUMENTS The general provisions of the contract, including General and Supplementary Conditions and General Requirements apply to the work specified in this section. GENERAL: Each bidder shall submit on. the Proposal Form, Alternate Bids stating the difference in price (additions or deductions) from the Base Bid for the substitution, omission, or addition of the following materials, items or construction from that shown and specified. Each bidder shall carefully check the drawings and specifications to determine the extent of each Alternate Bid required. Alternate Bids shall 'include all overhead and profit applicable thereto. Alternate Bids shall reflect the increases or decreases in cost of all work of every name and nature which may be affected thereby, and no subsequent claims for extras by reason of the Contractor's failure to observe this requirement will be considered. Except cis otherwise described or approved, materials and workmanship of the Alternate Bids shall conform to the requirements specified under the various sections of the Specifications for similar iterns of work. Where methods of construction, materials, finishes or details of installation required by the various Alternate Bids differ from the requirements shown on Drawings or specified for corresponding items, the Alternate construction, materials, etc. will be subject to approval in conformance with the General Documents. DESCRIPTION OF ALTERNATE BIDS: Number I Bidders shall state the difference in contract price for deleting the tree removal, new trees, furniture and concrete pavers of the southeast half of the picnic area and removing all undergrowth and frees under 51' in diameter as shown on the drawings and specified herein. Number 2 Bidders shall state the difference in contract price for including the removal of all undergrowth and trees under 8" in diameter along the south edge of the site and east of the picnic area as shown,.on the drawings and specified herein. END OF SECTION I B. ALTERNATES IB-1 FALLS TOWNSHIP WATERFRONT PAV@K SECTION 2A I -SITE CLEARING GENERAL RELATED DOCUMENTS: The general provisions of the contract, including General and Su 'pplernentary Conditions and General Requirements, apply to the work specified in this section.. DESCRIPTION OF WORK: The extent of clearing is within the limits of the grading lines and all areas noted on the drawing. It includes clearing, grubbing and removal of all trees, shrubs, brush, stumps, wood, slashings and other debris and materials of every name and nature not required to remain cis part of the finished work. EXECUTION GENERAL: Before clearing operations are started, the site shall be completely staked out by an engineer or surveyor for the Architect's approval of layout and for his designation of trees to remain. The Contractor shall then notify the Architect to dispatch his representative to designate trees and/or shrubs to be left 5tanding. The Contractor shall supply suitable togs of a permanent nature for identification and marking of those plants to remain. Removal of trees and shrubs shall include grubbing and excavating necessary to take out their entire root systems. All materials to be removed shall be disposed of away frorn the site (is immediately as possible. They shall not be allowed to accumulate excessively. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. DISPOSAL OF WASTE MATERIALS: AH materials resulting from clearing and grubbinq shall be disposed of off the site in a manner conforming to applicable laws and regulations. Disposal by burning is strictly prohibited. Contractor shall obtain all necessary permits- for disposal of materials to be cleared from the site. END OF SECTION 2A 1. SITE CLEARING 2AI-1 FALLS TOWNSHIP WATERFRONT PARK SECTION 2BO - EXCAVATING, FILLING AND GRADING GENERAL RELATED DOCUMENTS: The general provisions of the Contract, including General and Supplementary Conditions and General Requirements apply to the work specified in this section. DESCRIPTION OF WORK: The extent of excavation, filling and grading is shown on the drawings. Preparation of svbgrade for walks and pavement is included as part of this work. Offsite fill as required. Related Vvork Specified Elsewhere: Site Clearing: Section 2A 1. Bituminous Paving: Section 2P2. QUALITY ASSURANCE: Codes and Standards: Perform excavation work in compliance with applicable require- ments of governing authorities having jurisdiction. Testing and Inspection Service: Owner will engage soil testing and inspection service for quality control testing during earthwork operations. The Contractor shall be responsible to notify the Architect and the Owner's testing and inspection service 24 hours prior to any work requiring the presence of the testing and inspection service. JOB CONDITIONS: Use of Explosives: The use of explosives is not permitted. Protection of Persons and Property: Attention is directed to the General Conditions and General Requirements clauses relating to protection of war[<, persons and property, cis well as the requirements below. Barricade open -Pxcavations occurrina as part of this war[< and post with warning lights. Operate warning lights as recommended by authorities having jurisdiction. Protect utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earth- work operations. EXCAVATING, FILLING AND GRADING 2BO- I FALLS TOWNSHIP WATERFRONT PARK PRODUCTS SOIL MATERIALS: Definitions: Satisfactory soil materials are defined cis those complying with American Association of State Highway and Transportation Officials (AASHTO) M145, soil classification Groups A- 1, A-2-4, A-2-5, A-3. Unsatisfactory soil materials are those defined in AASHTO M145 soil classification Groups A-2-6, A-2-7, A-4y A-5, A-6, and A-7; also peat and other highly organic soils. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, crushed slog, natural or crushed sand, as acceptable to the Architect. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 211 in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. EXECUTION INSPECTION: Examine the areas and conditions under which excavating, filling, and grading are to be performed and notify the Contractor, in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in an acceptable manner. EXCAVATION: Excavation consists of removal and disposal of material encountered when establishing required grade elevations. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Architect. Unauthorized excavation, as well as rernedial work directed by the Architect, shall be at the Contractor's expense. BocMill and compact unauthorized excavations as specified for authorized excavations of same classification, unless otherwise directed by Architect. Additional Excavation: When excavation has reached required subgrade elevations, notify the Architect who will make an inspection of conditions. If unsuitable bearing rnaferials are encountered at the required subgrade elevations, carry excavations deeper and replace the excavated material cis directed by the Architect. Removal of unsuitable material and its replacement as directed will be paid on the basis of contract conditions relative to changes in work. Dewatering: Prevent surface water and subsurface or ground water from flowing into excavations and from flooding project site and surrounding area. EXCAVATING, FILLING AND GRADING 2BO-2 I FALLS TOWNSHIP WATERFRONT PARK Do not allow water to accumulate in excavations. Remove water to prevent soil changes detrimental to stability of subgrade. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. Material Storage: Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade and shape stockpiles for proper drainage. Store excess topsoil for Owner's dispersion on site at location directed by Architect. Excavation for Pavements- Cut surface under pavements to comply with cross-sections, elevations and grades as shown. Cold Weather Protection: Protect excavation bottoms against freezing when atmospheric temperature is less than 35 degrees F. COMPACTION: General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. Percentage of Maximum Density lRequirement: Compact soil to not less than the following percentages of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 1557; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture- density relationship. Lawn or Unpaved Areas: Compact top 6" of subgrade and each foyer of backfill or fill material at 90% maximum dry density. Walkways: Compact top 6" of subgrade and each layer of backfill or fill material at 95% maximum dry density or 90% relative dry density- Pavements: C ompact top 12" of subgrade and each layer of backfill or fill material at 95% maximum dry density or 90% relative dry density for cohesive soil material. Moisture Control: Where subgrade or layer of soil material must be moisture conditioned before compaction, uniformly apply water to surface of subgrade, or layer of soil material, to prevent free water appearing on surface during or subsequent to compaction operation. Remove and replace, or scarify and air dry, soil material that is too wet to pert-nit compaction to specified density. Soil material that has been removed because it is too wet to permit compaction may be stockpihed or spread and allowed to dry. Assist dryinq by discing, harrowing or pulverizing until moisture content is reduced to a satisfactory value. BACKFILL AND FILL: General: Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. EXCAVATING, FILLING AND GRADING 2F.10-3 FALLS TO WNSHIP WATERFRONT PARK In excavations, use satisfactory excavated or borrow material. Under grossed areas, use satisfactory excavated or borrow material. Under pavement, use subbase material, or satisfactory excavated or borrow material, or combination or both. Ground Surface Preparation: Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow strip, or break-up sloped surfaces steeper than I vertical to 4 horizontal so that fill material will bond with existing surface. When existing ground surface has a density less than that specified under "Compaction" for the particular area classification, break up the ground surface, pulverize, moisture- condition to the optimum moisture content, and compact to required depth and percentage of maximum density. Placement and Compaction: Place backfill and fill materials in layers not more than 8" in loose depth for material compacted by heavy cornpaction equipment, and not more than 4" in loose depth for material compacted by hand-operated tampers. , Before compaction, moisten or aerate each layer as necessary to provide the optimum moisture content. Compact each layer to required percentage of maximum dry density or relative dry density for each area classification. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. GRADING: General: Uniformly grade 'areas within limits of gradinq under this section, including adjacent transition areas. Smooth finished surface within specified tolerance, compact with uniform levels or slopes between points where elevations are shown, or between such points and existing grades. Lawn or Unpaved Areas: Finish areas to receive topsoil to within not more than 0. 101 above or below the required subgrade elevations. Walks: Shape surface of areas under walks to line, grade and cross-section, with finish surface not more than 0.10' above or below the required subgrade elevation. Pavements: Shape surface of areas under pavement to line, grade and cross-section, with finish surface not more than 1/2" above or below the required subgrade elevation. Cotripaction: After grading, compact subgrade surfaces to the depth and percentoo.e of maximum density for each are.a clcissif i cation. PAVEMENT SUBBASE COURSE: General: Subbase course consists of placing subbase material, in layers of specified thickness, over subgrade surface to support a pavement base course. See other Division 2 sections for paving specifications. EXCAVATING, FILLING AND GRADING 2RO-4 I FALLS TOWNSHIP WATERFRONT PARK Grade Control: During construction, maintain lines and grades including crown and cross- slope of subbase course. Shoulders: Place shoulders along edges of subbase course to prevent lateral movement. Construct shoulders of acceptable soil materials, placed in such quantity to compact to thickness of each subbase course layer. Compact and roll at least a 12" width of shoulder s. Itaneously with compacting and rolling of each layer of subbase course. 'mu Placing: Place subbase course material on prepared subgrade in layers of uniform thickness, conforming to indicated cross-section and thickness. Maintain optimum mois- ture content for compacting subbase material during placement operations. When a compacted subbase course is shown to be 6" thick or less, place material in a single layer. When shown to be more than 6" thick, place material in equal layers, except no single layer more than 61' or less than 3" in thickness when compacted. FIELD QUALITY CONTROL Quality Control Testing During Construction: Allow testing service to inspect and approve subgrades and fill layers before further construction work is performed. Perform field density tests in accordance with ASTM D 1556 (sand cone method) or ASTM D 2167 (rubber balloon method), as applicable. Paved Areas Subgrade: Make at least one field density test of subgrade for every 2000 sq. ft. of paved area but in no case less than 3 tests. In each compacted fill layer, make one field density test for every 2000 sq. ft. of overlaying building slab or paved area, but in no case less than 3 tests. If, in the opinion of Architect, based on testinq service reports and inspection, subgrade or fills which have been placed are below specified density, provide additional compaction and testing at no additional expense. MAINTENANCE: Protection of Graded Areas: Protect newly graded areas from traffic and erosion. Keep free of trash and debris. Repair and re-establish grades in settled, eroded, and rutted areas to specified tolerances. Reconditioning Compacted Areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, re-shape, and compact to required density prior to further construction. DISPOSAL OF EXCESS AND WASTE MATERIALS: Removal to Desi@@nated Areas on Owner's Property: Transport acceptable excess excavated material to designated soil storage areas on the Owner's property. Stockpile soil or spread as directed by Architect. Removal from Owner's Property: Remove waste materials, including unacceptable excavated material, trash and debris, and dispose of it off the Owner's property. END OF SECTION 2130 FXCAVATING, FILLING AND (-,,RADII, Ir-, ?Rn- q FALLS TOWNSHIP WATERFRONT PARK SECTION 2N6 - CONCRETE PAVERS GENERAL RELATED DOCUMENTS The general provisions of the Contract, including General and Supplementary Conditions and General Requirements apply to the work specified in this section. DESCRIPTION OF WORK: The extent of the concrete pavers is shown on the drawings. The type of concrete paver installation is as follows: Concrete pavers set in sand and filled around with topsoil and seeded. SUBMITTALS: Manufacturer's Data: For information only, submit 2 copies of the manufacturer's technical data for each manufactured nroduct, including certification that each nroduct complies with the speci- fied requirements. Samples: Submit sample of concrete paver required. Include the full range of exposed color and texture to be expected in the completed work. Architect's review will be for color and texture only. Compliance with all other requirements is the exclusive responsibility of the Contractor. PRODUCT HANDLING: Protect concrete pavers during storage and construction against wettinq, soilage or intermixture with earth or. other types of materials. Store pavers to prevent cracking or chipping of units. PRODUCTS CONCRETE PAVERS: Pavers shall be as manufactured by Hostings Pnve ment Co., Inc. or approved equal. They shn1l be r-nade in a waffle-like pattern with sixteen hubs, each W' in heiqhf. They shall I)e fabricated of Portland cement Type 11 or III, fine and coarse aqqreqates (ASTM C-33-61), Utili7ing Steel mesh 0"/6" x 8/8 gauge with an nir entrnininq anent hetween 490'-6%,(ASTM C-173), nchievi" n concrete strength of 9,noo psi nt 28 days (ASTM C-39-49) and a maximum water obsorption of 5?1) (ASTM C-97). Size: 4" thick units 24" long x ?4" wide. Color and Texture: Manufacturer's standard. CONCRETE PAVERS 2N6-1 FALLS TOWNSHIP WATERFRONT PARK EXECUTION INSPECTION: Installer must examine the areas and conditions under which concrete pavers are to he installed and notify the Contractor in writing of conditions detrimental to the proper and tirnely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Installer. INSTALLATION, GENERAL: Do not use concrete pavers with chips, cracks, voids, discolorations or other defects which might be visible or cause staining in the finished work. Cut pavers with motor driven saw equipment designed to cut the pavers with clean, sharp, unchipped edges. Cut units as required to provide pattern shown and to fit adjoining work neatly. Use full units without cutting wherever possible. Where cutting is required, use the largest size paving units possible and avoid the use of small paver pieces. APPLICATION : Setting bed for pavers shall be either undisturbed earth or fill compacted to 95?/) maximum dry density as determined by the Modified Proctor Test ASTM D- 1557-64 (plus 4% or minus 2% optimum moisture). Remove from setting bed, rock or other material which would create uneven bearing. Place sand in a 211 compacted layer to present a true and even grade over entire area to receive paver. Set pavers and line up to abut. Thoroughly mix fertilizers and other additives with the topsoil and spread loosely to fill voids in pavers. Water with a mist spray to settle. Add additional topsoil mix to bring topsoil flush with the top of the paver. Seed at slightly less than normal rate and mulch. When grass is 2-1/2" high, cut to 1-3/411. Protection: Advise Contractor in writing of lDroper procedures required to protect the concrete pavers from deterioration, discoloration or damage during subsequent construc- tion and until acceptance of the work, END OF SECTION 2N6 CONCRETE PAVERS 2N6-2 I FALLS TO@A!NSHIP WATERFRONT PARK SECTION ?P2 - F31TUMINOUS CONCRETE PAVING GENERAL RELATED DOCUMENTS: The general provisions of the contract, including General and Supplementary Conditions and General, Requirements, apply to the work specified in this section. DESCRIPTION OF WORK: The extent of the bituminous concrete paving is shown on the drawings. The following are included cis part of this work: Subgrade for roads and parking areas. Bituminous roads and parking areas. Road and parking painted lines and markings. QUALITY ASSURANCE: Codes and Standards: Bituminous concrete paving materials and placement methods covered in this section shall conform to the Commonwealth of Pennsylvania, Department of Transportation (PennDOT), Specifications Form 408. All work shall comply with any other applicable PennDOT standards and regulations. Where "Engineer" is mentioned in the PennDOT specification, it shall mean "Architect". Paragraphs entitled "Rosis of Payment" PennDOT specification shall not apply. PRODUCTS AND EXECUTION: General: All work shall be installed under the requirements of applicable sections as specified herein. Protect paving against traffic until surface has properly cured. Provide temporary barriers, warning lights- and other protection as necessary. Remove when no longer required subject to Architect's approval. SUBGRADE PREPARATION: Alter and refine and grade as necessary to brinq subqrade, after compaction, to required grades arid sections as shown on the drawings. Extend this refinement 12 inches horizontally beyond edges of the paving. Add water to filled areas to provide optimum moisture content ond tarnp or roll. Remove spongy and otherwise unsuitable materini and replace with approved material. Loosen exceptionally hard material and recompact to density of the entire subgrade. Compaction shall be done wherever possiNe with a roller weighing approximately seven to ten tons. Where compaction cannot be accomplished by rolling, hand tampers shall be used. BITUMINOUS CONCRETEPAVING 2P2-1 FALLS TOWNSHIP WATERFRONT PARK PennDOT Specification Section 210 shall apply. PAVING MATERIALS: The bituminous concrete mixture shall be hot-mixed, hot-laid asphaltic concrete. The mixture shall be produced in an approved plant meeting the requirements of ASTM Designation D-995 of either the batch type or continuous mix type, capable of maintaining a satisfactory product. The mixture shall be transported to the site of placing in clean, tight vehicles. The loads shall be covered with tarpaulins while in transit to maintain temperature of the mixture and protect it frorn the elements. The material shall be uniformly spread over the entire area by means of a self-propelled paving machine. All work shall meet the applicable requirements of Specifications Form 408, Section 400, Bituminous Pavements; Section 401 - Plant Mix Pavements. All paving shall be placed to continuous wood or metal forms at edge and/or edges mechanically cut to provide true line and shape. The mixture shall be placed to provide specified surface course thickness at edges. If forms are used, they shall be removed when the material has cured, and the area brought to grade with new topsoil and seeding. I PAVING INSTALLATION: Crushed Aggregate Base Course: Provide a crushed aggregate base course laid in courses fully choked and rolled to the compacted thickness indicated on the drawings. Crushed aggregate base course shall comply with PennDOT Specifications Form 408, Section 310. Bituminous Concrete Base Course (Black Base): Provide a base course of hot-mixed, hot- laid bituminous concrete over specified stone aggregate base course, in strict conformance with PennDOT Specification Form 408, Section 305, Bituminous Concrete Base Course and compacted to thickness indicated on the drawings. Bituminous Concrete Paving: Provide a bituminous concrete surface course conforming the PennDOT Specification Form 408, Section 420, Bituminous Concrete Surface Course, ID- 2A. Bituminous concrete surface source shall consist of a binder course and a wearing course constructed on specified base course. Binder course shall be ID-2A, 1-1/2 inches in thickness after cornpaction by not less than a 10 ton roller. Wearing course shall be ID-2A, I inch in thickness after compaction by not less than a 10 ton rofler. Surface course shall have a total thickness of 2-10 inches (Ind weigh not less than 275 lbs, per sq.yd. after compaction. When wearing course does not follow base course work promptly, before applying wearing course repair any damage to base course and apply tack coat to base course. Tack coat shall conform to AASHO M-140, TyDe RS-1, rapid-settinq type, and be applied at .05 to .07 gal./sq.yd. BITt.)MINOUS CONCRETE PAVIN(-@ ?P?-? FALLS TOWNSHIP WATERFRONT PARK ROAD AND PARKING PAINTED LINES AND MARKINGS Point shall be chlorinated rubber-alkyd type FS TT-P-I 15, Type 111. Point 4-inch wide parking stripes and road markings cis shown on the drawings. Apply by brush or zone marking equipment, one coot. Lines shall be carefully laid out and edges shall be even and true. END OF SECTION 2P2 RITUMINOUS CONCRETE PAVING ?P2-3 FALLS TOWNSHIP WATERFRONT PARK SECTION 2V3 - LAWNS GENERAL RELATED DOCUMENTS- The general provisions of the contract, including General and Supplementary Conditions and General Requirements, apply to the work specified in this section. DESCRIPTION OF WORK: The extent of work includes spreading of topsoil from stockpiles, furnishing of ground limestone, phosphate and potash, fertilizer and provision of maintenance. GUARANTEE: All seeded areas shall he guaranteed for a period of one (1) year. See section 2V7 for additional information regarding guarantee of plant materials. JOB CONDITIONS: Prior to the commencement of the seeding operation a site inspection shall be made by the Owner's Representative, Architect, General Contractor and Seeding Contractor. A letter of acceptance of the site shall be received by the General Contractor from the Seeding Contractor prior to commencernent of the seeding operation. Al I rouah arades and drainage swales shal I be established to an acceptable elevation of +I". All materials furnished in accordance with the requirements of this specification shall be delivered where applicable in sealed, unbroken bogs bearing the brand and maker's named, and shall be stored on platforms and be properly covered to protect them from the weather and damage. Seeding may be accomplished between March 15th and May 15th, or between August Ist and October Ist. Any seeding time other than the above specified period must have prior approval of the Architect. SUBMITTALS: Contractor shall pay for and submit to Architect for approval, a certified analysis of all fertilizer and seed used on this project and in addition, furnish all weight ond/or load slips for materials delivered to the job site. This requirQment will be strictly adhered to. Do not sow seed until Architect has approved the analysis. PRODUCTS GENERAL: IA,/hen construction work is finished and affer rough qradinq has settled and been approved, sticks, stones, or foreign material 2 inches or greater shall be removed from the subgrade. The surface shall be harrowed and otherwise loosened to n depth of 3". Larger stones and boulders shall be removed or buried 19" below f inished grade in areas where no frees are to be planted. I-AWNS 2V3-1 FALLS TOWNSHIP WATERFRONT PARK Topsoil shall be spread from the stockpiles over all areas within Contract Limit Lines, previously stripped of topsoil, so that after natural settlement it will conform smoothly to the lines, grades and elevations shown. After spreading topsoil, all large stiff clods, hard lumps, roots, litter, other foreign matter and stones larger than P in greatest dimension shall be raked up from the topsoil areas and removed from the premises. All topsoiled areas shall be raked to a smooth, uniform surface. Additional topsoil required to complete work shall be supplied af no extra cost to the Owner. All additional topsoil shall consist of natural fertile agricultural soil of good texture, free from subsoil and from an area free from roots, sods, rubbish, Japanese Beetles and other dangerous insect larvae. Topsoil shall have come from arable areas with good normal drainage and shall contain no toxic substances which may be harmful to plant growth. The source of additional topsoil shall be approved in writing by the Architect. Topsoil shall contain at least 39; decoyed organic matter (humus). Placement of topsoil shall be performed only when it can be followed within a reasonable time by the seeding operation. MATERIALS: LIME: Shall be raw ground limestone with not less than 90% total carbonates, 98% passing in a 20 mesh sieve, and a maximum of 40% of content passing a 100 mesh sieve. PHOSPHATE AND POTASH: Shall be commercially produced grade, containing not less than 20% phospheric acid and 20% potash with a formula of .0-20-20. FERTIL17ER: Fertilizer for lawn areas shall be ureaform type (50% nitrogen shall be from ureaform source), having an analysis of 10',Io nitrogen, 6'0 phosphorus and 4% potassium. Fertilizer shall be uniform in composition, dry and free flowing material suitable for application with standard fertilizer equipment. Fertilizer shall be delivered in bogs or suitable containers, each fully labeled with the manufacturer's guaranteed onaylsis. Fertilizer which has become damaged or caked will be deemed unsuitable for use, and unacceptable by the Architect. LA','11\1 SEED: Furnish gross seed for r)ert-nonent lawn mixture. Seed shall be fresh recleaned new seed of the latest crop, delivered in standard sized original packages, unopened, hearing guaranteed analysis, name of vendor and mixed in the followinci proportions: Percentage rercent Percent Maximum by Wei(Ilit Type PUritv Germination lAfeed Content 500'D Pennstar Kentucky Bluegrass 090@ 8 5 "0' n. 5 `0' - m- 95 0' 0.5010 40% Jo estown Red Fescue 9 5 To 0 10911, Manhatten Ryegross 98% 8 5 r% 0.5% MULCH: Mulch shall be a known wood cellulose paper fiber mulch, such as that produced by the Weyerhouser Company or approved equal. EXECUTION Examine all areas marked Seed to insure that they have been brought to proper elevations and that all underground work has been completed as required by the Contract Documents. LAWNS 2V3-2 11 1 FALLS TOWNSHIP WATERFRONT PARK The rough grade must be approved by the Architect before finish arccling @)eqins. Seeding Contractor shall notify the General Contractor in writing, of his acceptance of the site in its rough graded conditions. Specified lime shall be spread uniformly over the designated areas at the rate of 2,200 pounds per acre or 50 pounds per 1000 sq. ft. Ground limestone shall be incorporated at the tirne of seeding and sodding. Phosphate and potash specified shall be spread at the rate of 1100 pounds per acre, or 25 pounds per 1000 sq. ft., by approved distributor or other suitable device. After application of the lime, phosphate and postash, and prior to ureaform ferfilizer, the areas to be seeded shall be thoroughly loosened \@/ith a double disc or other suitable device, to a depth of not less than 4 inches. Any surface irregularities shall he corrected in order to prevent pockets or low area formations which will allow water to stand. Clean surface of stones, sticks, roots or other substances which will interfere with turf development or subsequent mowing operations. The ureaform fertili7er shall be distributed uniformly over the lawn areas at a rate of 1100 pounds per acre, or 25 pounds per 1000 sq. ft. Seed shall be distributed with wheelbarrow seeder, drill or suitable methods at the rate of 3 pounds per 1000 sq. ft., 130 pounds per acre. Seed shall be divided into two equal portions and the seeding made in dual passes over the area, the second pass being at right angles to the first. Areas shall be firmed after seeding by light- rolling or cultipackinq unless a cultipacker seeder is employed. All seeded areas shall be mulched with known wood cellulose paper fibre mulch, installed by properly equipped hydromulcher and performed by an experienced operator. The fibre ulch shall be evenly spread over the entire area (it the rate of 1400 pound's of fibre mulch per acre. M MAINTENANCE: The Contractor shall properly water, mow and otherwise maintain all seeded areas to the satisfaction of the Architect until final acceptance. Prior to final approval of the work, any areas which shall have been damaged from erosion, washout, or other causes or fail to show a uniform stand shall be repaired by filling with topsoil rolled at the Contractor's expense. Reseeding shall be repeated until all areas are satisfactorily covered with gross. Mow gross to a height of 1-112" to 2" cis directed by the Architect. Contractor shall be responsible for a minimum of two mowings. I During the installation and the germination of the seeded section, the Contractor shall irrigate these areas. After the seed has germinated and after the lost mowing, the subsequent water application shall be the responsiL)ility of the Owner. The water will be supplied and paid for by the Owner, however, temporary irrigation equipment shall be supplied by the Contractor if the Owner has not provided some. END OF SECTION 2V3. LAWNS 21/3-3 FALLS TOWNSHIP WATERFRONT PARK SECTION 2\17 - TREES GENERAL RELATED DOCUMENTS: The general provisions of the contract, including General and Supplementary Conditions and General Requirements, apply to the work specified in this section. DESCRIPTION OF WORK: The extent of work includes the furnishing and planting of trees as shown on the drawings, also fertilizing, providing topsoil and pecitmoss, mulching, spraying with anti-dessicant, wrapping, staking or guying, pruning, maintenance, final clean-up and guarantee. GUARANTEE OF PLANTING: Prior to the expiration of a one-year period from the date of final acceptance the Contractor shall replace at his expense and in accordance with the drawings and these specifications all plant materials furnished and planted under this-contract which are dead or, in the opinion of the Architect, are in an unhealthy or disfigured condition due to defective workanship, dead branches, or other valid cause. All other material that is removed for the purpose of replacement of plant material under guarantee shall be replaced as originally detailed and is to be part of this guarantee. PRODUCTS: Plant names shall agree with nomenclature of "Standarized Plant Names" as adopted by the American Joint Committee on Horticultural Nomenclature, current edition, size and grading standards shall conform to those of the American Association of Nurserymen unless otherwise specified. No substitutions shall be permitted except by written permission of the Architect. The quality of all plants shall be' typical of their species or variety. They shall have normal, well-developed branches and vigorous root systems. They shall be free of fibrous defects, disfiguring knots, sun-scaled injuries, abrasions of the bark, plant diseases, insect eggs, borers, and all forms of infestations. All plants shall be nursery grown unless otherwise stated; they shall have been growing under the same climatic conditions as the locations of this project for at least two years prior to the date of planting on this project. Plants held in cold storage will be rejected. If collected plants are allowed and selected, they shall be taken from a subgrade favorable to lood root development. All collected materials shall be clean, sound stock, free from decaying stumps. The time of planting shall be determined by fhe Architect. For measurement pur 'Doses, a olcint shall he dimensioned as if stands in its natural position. Trees shall he cMiDered 6 inches above ground. Stocl< furnis@ied shall be a fair average of the rninium and maximum sizes sDecified. Large planfs cut bact< to sizes specified will not be accepted. In preparing plants for moving, all precautions in good nursery practice shall be taken and workmanship that fails to meet the highest standards shall be rejected. All plants shall be dug to retain as many fibrous roots as possible. The size of the ball of balled and TRFF@ 2\17-1 FALLS TOWNSHIP WATERFRONT PARK burlapped., and balled and platfori-ned plants shall be at least 12"' in diameter for every inch of the maximum caliper size specified. The ball shall be solid ball of earth, securely held in place by burlap and stout rope. Oversize or exce 'ptionally heavy plants are acceptable.if the size of ball or spread of the roots is proportionately increased. Loose, broken or fabricated balls of earth will be rejected. Balled and platformed plants shall be securely tied with stout rope to sturdy platforms equal in size to the diameter of the upper half of the ball of earth. For delivery, all plants shall be packed, transported and handled with utmost care to insure protection against injury. Each shipment shall.be certified by State and Federal authorities to be free from disease and infestation. Any inspection certificate required by law to this effect shall accompany each shi 'pment invoice or order of stock. On arrival, the certificate shall be filed with the Architect. Balled and burlapped plants shall be set on the ground and the balls covered with moist soil. Until planted, all plant material shall be properly maintained to the satisfaction of the Architect. All plants are subject to inspection and approval of point of origin before or after award of contract. No plant material shall be rflanted until inspected and approved. Any rejected plant material shall be immediately removed from the site and replaced with acceptable plan t material at no extra cost. Plant materials shall be planted at such times cis are approved by the Architect. Reds of topsoil previously spread in accordance with these specifications shall be reworked until they are friable, free from mortar and debris, accurate to line and grade and otherwise suitable for planting operations. EXECUTION: Planting of trees shall be in pits twice as wide as the diameter of the ball and 6" deeper than the depth of the ball or root systern. Plant pits shall have vertical sides unless otherwise directed. Subsoil from planting excavations shall be removed from site. Plants shall be planted plumb at the some level at which they have grown unless otherwise specified on the drawings. The balls of earth of balled and burlapped plants shall not be loosened or otherwise damaged during planting operations. All large and fleshly roots which are bruised or broken shall be pruned with a clean cut before planting. The burlap shall be cut away from upper half of ball and remaining burlap adjusted to prevent formation of air pockets. Soil shall be firmed at 6 to 8 inch intervals and thoroughly settled with water. Backfill shall be one 'part peat, three parts topsoil mixture. To the topsoil used in backfilling free pits, thoroughly incorporate commercial raw bonemeal as follows: 5 pounds for major trees 2 to 3 inches in caliper. Trees and plant areas shall be mulched with 3" thick layer of an approved prepared Pine Bark Mulch (medium size) and fertilizer cis directed by the Architect with commercial fertilizer. They shall be cultivated and raked over and they shall he left in a clean, orderly condition with shallow basins or "saucers" at least as large as the holes in which the trees and plants have been planted. Submit samples of the bark mulch for approval. TREES 2N/7-2 1, 1 FALLS TOWNSHIP WATERFRONT PARK All trees shall be staked or guyed securely in accordance with standard practice. Core shall he taken so that stakes and guy wires will not create pedestrian or vehicular hazards. Stakes for supporting trees shall be 2" x 2" x R' [\]a. I sound Douglas Fir, or 81 long cedar posts with bark. Wire shall be No. 10 gauge, pliable, galvanized. Hose shall be new 2 ply reinforced garden hose. Use black color throughout the project. Each tree shall be pruned to preserve the natural shape and character of the plant. In general, at least 1/3 of the wood of deciduous plants shall be removed by thinning the branches, but no leaders shall be cut. All soft wood or sucker growth and all broken, dead, or badly bruised branches shall be removed with clean cuts. All pruning cuts sholl be made with sharp tools and shall be sharp tools and shall be sharp and clean. Pruning cuts over 3/4" diameter shall be pointed with approved tree surgery point, immediately offer they are made. Immediately after planting and staking, all plant material shall be sprayed with on approved anti-dessicant, using an approved power sprayer for applying an adequate film over trunks, branches and leaves. Anti-dessicants shall be used in strict accordance with manufacturer's instructions and shall be delivered to the site in manufacturer's sealed containers. Tree trunks shall be securely wrapped after spraying with a 6" new burlap bandage, securely tied at the for) and @ottom and at 2' intervals along the trunk of the tree, or krinklekraft paper 30.30.30 from the bottom to height of the lowest branches. Provide 50% overlap with wrapping material. All plants shall be thoroughly watered during and after plantina merations as weather conditions require for the entire maintenance period. Due core shall be exercised to avoid washing out" of the mulched soil. Minimum watering is considered as one soaking per week. All planted trees and all planting areas within the limits of this contract shall be maintained until all work under contract is approved and accepted by the Architect. Maintenance shall include watering, weeding, cultivating and pruning; adjustment and repair. of stakes, anchors and wires, repair of minor washouts and gullies and other horticultural operations necessary for the proper growth of plants and maintaining a neat appearance of all work under contract. Weeds shall not be allowed to attain a growth over 6" before being removed. The Architect's abstaining from disapproval of work in the course of operations, or during the inspection of the work shall not he interpreted as acceptance of the work not in conformance with these specifications. Improper work and/or r-naterials shall be corrected whenever discovered. FINIAL CLEAN-UP: The Contractor shall clean up and remove from the site all his rubbish and surplus material as fast cis if accumulates and shall not permit it to be scattered about the building or site. If he fails to attend to this clean-up promptly and satisfactorily, the Owner shall have the right to employ o1hers for the work and charge to cost of such employment against his obligations to the Contrcctor. TRFF-.S 2\./7-3 IL FALLS TOWNSHIP WATERFRONT PARK MAINTENANCE: The Contractor will be held responsible for the maintenance of all work and parts thereof prior to final acceptance. Maintenance shall include watering of seeded areas, mowing, weeding, cleaning up, edging, repairs of washouts and gullies, repairs to protecting fences, necessary work of main- tenance. After final acceptance by Owner, the Contractor will not thereafter be required to do any of the above listed work, except that nothing contained herein shall release the Contractor from his obligations under the Contract. END OF SECTION 2V7. TRFF5 i FALLS TOWNSHIP WATERFRONT PARK SECTION 2W5 - PARK AND PLAY EQUIPMENT GENERAL RELATED DOCUMENTS: The general provisions of the contract including General and Su.plementary Conditions and General Requirements, apply to the work specified in this section. DESCRIPTION OF THE WORK: The extent of the work is shown on the drawings. The followin park and play equipment ore included in the work. Picnic Tables Park benches SUBMITTALS: Manufacturer's Data: For information only, submit two copies of manufacturer's data and installation instruc- tions for each type of park and play equipment. Indicate by transmittal that a copy of each instruction has been forwarded to the Installer. PRODUCTS AND EXECUTION: PICNIC TABLES: Picnic tables shall be '1600 Picnic Table" as manufactured by Landscape Structures, Inc. or approved equal. Table and benches shall be 6 feet long, direct bury, California Redwood, 4" x 611 members, piDe bolted together with pointed steel frame. Assemble picnic tables and benches as per manufacturer's instructions. Instal I as indicate d- on theTr-awings. PARK BENCHES: Park Renches shall be "076 Bench" as manufacured by Landscape Structures, Inc. or approved equal. Bench shall be 6 feet long, direct bury, heart redwood with black pointed steel frames. Assemble park benches as per manufacturers instructions. Install as indicated on the drawings. END OF SECTIONI 2W5 PARK AND PLAY EQUIPMENT 2W5-1 I no I 66 14101 1553 1 - 811111111111 M , 36