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R-88-1203 - 12/22/1988the wat and WHEREAS, the City Council wishes to accept the bid of Phoenix Irrigation and to authorize the irrigation of a ballfield and installation of a domestic waterline at Old Settler's Park at Palm Valley, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Phoenix Irrigation is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to execute on behalf of the City a contract with Phoenix Irrigation for irrigation of a ballfield and the installation of a domestic waterline at Old Settler's Park at Palm Valley, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this o;g day of December, 1988. MIKE ROBINSON, Mayor City of Round Rock, Texas ATTEST: NE LAND, City Secretary RESOLUTION NO. /2:31 WHEREAS, the City of Round Rock has duly advertised for bids for irrigation of a ballfield and the installation of a domestic rline at Old Settler's Park at Palm Valley, and WHEREAS, Phoenix Irrigation submitted the lowest and best bid, C33RESOLDS1 DATE: December 20, 1988 SUBJECT: Council Agenda, December 22, 1988 ITEM: 10A. Consider a resolution authorizing the Mayor to enter into a contract for balfield irrigation at Old Settler's Park at Palm Valley. STAFF RESOURCE PERSON: SHARON PRETE STAFF RECOMMENDATION: Six hid were received and opened on December 5, 1988 for installation of the hallfialrl irrigation systems and domestic water lines. Six hi is were opened, two were incomplete and were not considered. Irrigation Irrigation Water Total Contractor System Main Phoenix Irrigation $39,779.00 $14,494.00 $54,273.00 Hall Sprinkler Co. $64,840.00 $25,452.00 $87,292.00 Sierra Landscape Services $74,484.00 $22,660.00 $97,144.00 Simmons Landscape Services $97,147.00 $16,670.00 $113,517.00 Key Sprinkler No Bid Eagle Sprinkler Co. No Bid ECONOMIC IMPACT: This project is within budget Staff and Consultant (Belanger & Smith Assoc.) recommend that the bid be awarded to Phoenix Irrigation. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEA BBEFDRE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WoltaR7FID&BA4aB2CRI8 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORR - REPRESENTATIV ACOI:II. PRODUCER CODE INSURED EXCESS LIABILITY A UMBRELLA OTHER THAN UMBRELLA FORM OTHER NATIONWIDE INSURANCE 3508 FAR WEST BLVD., #130 AUSTIN, TX 78731 KEN SCHILLER, AGENT SUB -CODE PHOENIX IRRIGATION, INC. 1125C REGAL ROW AUSTIN, TX 78748 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONSI LOCATIONS /V EHICLESAIESTRICTIOHS /SPECIAL ITEMS CITY OF ROUND ROCK PARKS & RECREATIONS DEPT. 78 CU 002- 780 -0006 78 WC 002 -780 -0002 „ >,f64, ISSUE DATE (MM/DDNY)) 02 /01 /89 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANY A LETTER COMPANY LETTER COMPANY `. LETTER COMPANY D LETTER COMPANY E L COMPANIES AFFORDING COVERAGE NATIONWIDE INSURANCE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ,„ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO � POLICY EFFECTIVE ,POLICY EXPIRATION LTI! TYPE OF INSURANCE POLICY NUMBER - DATE (MM/DD/VY) DATE (MOONY) ! ALL LIMITS IN THOUSANDS • GENERAL LIABILITY GENEPAL AGGREGATE $ 1,000 A-_ COMMERCIAL GENERAL LIABILITY ! PRODUCTS-COMP /OPS AGGREGATE $ 1 , 000 _CLAIMB MA EX OCCUR 78 PR 002 - 780 -0001 12/21/88 a 12/21/89 PERSONAL& ADVERTISING INJURY I $ 500 x ,, = OWNER'S & CONTRACTOR'S PROT, EACH OCCURRENCE $ 500 FIRE DAMAGE (My ono fire) $ 50 X._ -CONTRACTUAL—LIABILITY . _ . - ` MEDICAL EXPENSE Any one person) $ X— — INDEPENDENT - CONTRACTORS LIABILITY — AUTOMOBILE LIABILITY COMBINED ANY AUTO LIM TLE ;$ 544 78 BA 002 - 780 - 0003 ;12/21/88 12/21/89 X ALL OWNED AUTOS BODILY _... ; • INJURY $ I SCHEDULED AUTOS (Per person) • X< HIRED AUTOS BODILY $ X NON OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY - DAMAGE $ 12/21/88 12/21/89 12/21/88 12/21/89 $ EACH AGGREGATE OCCURRENCE $ 1,000 $ 1,000 STATUTORY (EACH ACCIDENT) $ 500 (DISEASE — POLICY LIMIT) 504...._.___._. (DISEASE EACH EMPLOYE PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That PHOENIX IRRIGATION, INC. as Principal, and ABBA INDEMNITY COMPANY, of Houston, Texas, as Surety, are held and firmly bound unto THE CITY O F ROUND ROCK as Obligee, in the full and just sum of FIFTY FOUR THOUSAND TWO HUNDRED AND 73/100 Dollars($ 54,273.00 lawful money of the United States, to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has entered into a written contract dated Landscape Irrigation Improvements Palm Valley Park - Baseball Complex City of Round Rock, Texas Texas Local Park Fund Project No. 20 -00264 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully perform said contract according to its terms, convenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use in the prosecution of the work under said contract, then this obligation shall be void; otherwise it shall remain in full force and effect. Subject to the named Obligee's priority, all persons who have supplied labor or material directly to the Principal for use in the prosecution of the work under said contract shall have a direct right of action under this bond. The Surety's aggregate liability hereunder shall in no event exceed the amount set forth above. No claim, suit or action shall be brought hereunder after the expiration of one (I) year following the date of which Principal ceased work on said contract. If this limitation is made void by any law controlling the construc- tion hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such law. Signed, sealed and dated this 15 t h day of February M Norma Santana (Witness) ABB* NOEMNITY COMPANY a P.O. Box 230367 • Ho to xas 77223 -0367 John C. Sofyanos ABB IND By Ruth Santana 19 S (Principal) 12/ 27/88 with the Obligee for No. PP -10011 MPANY (Seal) President (Title) Attorney -In -Fact KNOW ALL MEN BY THESE PRESENTS: That this Power -of .Al tot ney is not valid unless au; shed to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENT'S AUTHORITY AND THE LIABILITY OF THE COMPANY, IIEREIN. THE AUTHORITY OF THE AITORNEY.IN- FACT and THE LIABILITY OF THE COMPANY C * ** *'kit *�,- * *'k * ** .1 SHALL NOT EXCEED_ * * * * * * * * * * * * * * ** ONE HUNDRED THOUSAND DOLLARS ABBA INDEMNITY COMPANY, a Texas corporation, having its principal office in the City of Houston, State of Texas, does hereby make, consti- tute andappoint- RIITH SANTANA REBECCA SAN_IANA of HOUSTON TEXAS (CITY) (STATE) its lawful agent and attorney -in -fact to make, execute, seal, and deliver for and on its behalf as its act and deed any and all undertakings, bonds, contracts of suretyship, EXCEPT: any guarantee for failure to pay alimony or support payments, or any bond guarantying the repayment of money made available through loans or credits. USE OF MORE THAN ONE POWER VOIDS THE BOND. THIS POWER VOID IF ALTERED OR ERASED OR IF POWER -OF- ATTORNEY NUMBER. DOES NOT APPEAR IN RED PRINT. The acknowledgment and execution of any such document by the said Attorney -In -Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By -Law adopted by the Board of Directors of Abba Indemnity Co. at a meeting duly called and held on the 7th day of June, 1984: "The President shall have power and authority to appoint Attorneys -in -Fact, and authorize them to execute, on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other surety and writings obligatory in the nature thereof; and he may at any time in his judg- ment remove any such appointees and revoke the authority given to ahem; and with respect to any Certified Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the Company, may be affixed to such Power of Attorney or to any certificate relating thereto, by facsimile; and such facsimile signatures and facsimile seals shall be valid and binding on the Company, in the future, with respect to any bond, under- taking or instrument of suretyship, to which it is attached." This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of Abba Indem- nity Company at a meeting duly called and held on the 7th day of June, 1984: "RESOLVED: That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary on any cern fication of the correctness of a copy of an instrument executed by the President pursuant to the By -Laws appointing and authorizing an Attorney -in -Fact to sign in the name and on behalf of the company surety bonds, underwritings, bertakings or other instruments described in said By -Laws, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." IN WITNESS WHEREOF, Abba Indemnity Co. has caused its official seal to be hereunto affixed and these presents no be signed by its duly author- of ficers this 1.;', day of Decwisber 10%. INDEMNITY COMPANY a P.O. Box 230367 • Houston, TOxas 77223 -0367 POWER OF ATTORNEY BY \GS7nU% STATE OF TEXAS COUNTY OF HARRIS On this 1st day of December, 1985, before me a Notary Public, personally appeared FRANK LYN Y. WRIGHT and RUTH SANTANA, who being by me duly sworn, acknowledged said instrument 50 be the voluntary act and deed of said Corporation. 1, Ruth Santana, the Secretary of Abba Indemnity Co., do hereby certify that the foregoing Power of Attorney and Bylaw and Resolution of June], 1984, have not been revoked and are now in full force and effect. 1 5th day IN WITNESS WHEREOF, I have hereunto set my hand and affixed Mescal seal of saidcorpnration, this SEAL \ / 1} ,'rI \IhIN� NOTE TO COMPANY REPRESENTATIVE: - _- Following Execution Report To Be Detached and Returned to Company c ABBA INDEMNITY COMPANY tiG,I. h 1 2 L f' President Karen Hillick, Notary Public Notary Public, Harris County, Texas My Commission Expires: 7 -56 -88 1 N 010922 4kctetary- 1 1 1 OLD SETTLER'S PARK 1 AT PALM VALLEY 1 1 LANDSCAPE IRRIGATION IMPROVEMENTS BASEBALL COMPLEX -PHASE ONE 1 PREPARED FOR THE CITY OF ROUND ROCK TEXAS PARKS AND RECREATION DEPARTMENT 1 TEXAS LOCAL PARK FUND STATE PROJECT NO. 20-00264 1 1 OCTOBER 10,1988 1 BELANGER & SMITH ASSOCIATES, INC. ' Landscape Architecture Development Planning 712 -C West 14th Street ustin, e ) 472-4868 A T 78701 ( 1 October 10, 1988 Old Settler's Park at Palm Valley Landscape Irrigation Improvements Baseball Complex - Phase One A City of Round Rock Development Round Rock, Texas Texas Local Park Fund State Project No. 20 -00264 Prepared by: BELANGER & SMITH ASSOCIATES, INC. Landscape Architecture Development Planning 712 -C West 14th Street Austin, Texas 78701 (512) 472 -4868 TABLE OF CONTENTS INVITATION TO BID INSTRUCTION TO BIDDERS INFORMATION REQUESTED OF BIDDERS PROPOSAL 4 CouTRAGT G -a a IKCMr UNIT PRICES PERFORMANCE & PAYMENT BONDS GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS SPECIAL CONDITIONS TECHNICAL SPECIFICATIONS - LANDSCAPE IRRIGATION SYSTEM - DOMESTIC WATER MAIN INVITATION TO BID PROJECT: Landscape Irrigation Installation of eight ballfields and domestic water main lines at Old Settler's Park at Palm Valley for the City of Round Rock. Plans, specifications and bidding documents may be obtained from the office of the landscape architect, Belanger & Smith Associates, Inc. or the City Parks and Recreation Department by depositing Twentv -five Dollars ($25.00) per set. The check shall be made payable to the City of Round Rock. The deposit shall be refunded provided the documents are returned in good condition at the same time the bids are submitted to the City Secretary. SUBMIT BIDS TO: Joanne Land, City Secretary 221 East Main Street, City Hall Round Rock, Texas 78664 UNTIL: 10:00 A.M., Monday, December 5. 1988 Bids received after this time will not be accepted and returned unopened. The public bid opening will commence in the City Council Chambers on December 5, 1988 at 10:00 A.M. Bid or Bids shall be awarded only upon the review and recommendation of the City Parks and Recreation Department to the City Council at the next available City Council Meeting. Additional information with regards to the plans and specifications may be obtained from: Belanger & Smith Associates, Inc. 712 -C West 14th Street Austin, Texas 78701 (512) 472 -4868 Contact: Robert Belanger NOTICE: One pre bid conference will be conducted on Wednesday, November 30, 1988 at 4:00 P.M. in the City Council Chambers. INSTRUCTIONS TO BIDDERS To be considered, Bids must be made in accord with these instructions to Bidders. EXAMINATION: Bidders shall carefully examine the documents and the construction site to obtain first -hand knowledge of existing conditions. Contractors will not be given extra payments for conditions which can be determined by examining the site and documents. QUESTIONS: Submit all questions about the Drawings and Specifications to the Landscape Architect in writing. Replies will be issued to all bidders of record as Addenda to the Drawings and Specifications and will become part of the Contract. The Landscape Architect or Owner will not be responsible for oral clarification. SUBSTITUTIONS: To obtain approval to use unspecified products, bidders shall submit written requests at least five days before the bid date and hour. Requests shall clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability. If the product is acceptable, the Landscape Architect will approve it in an Addendum issued to all bidders on record. The Landscape Architect does not bind himself to consider substitutions that will tend to delay ordering or delivery of materials and hinder work progress. BASIS OF BID: The bidder must include all unit costs and /or base bid shown on the Bid Forms. Failure to comply may be cause for rejection. No segregated Bids or assignments will be considered. PREPARATION OF BIDS: Bids shall be made on unaltered Proposal Forms, a copy of which is included in the Specifications. Fill in all blank spaces and submit two copies. Bids shall be signed with the legal name of the corporation and the legal signatures of an officer authorized to bind the corporation to a contract. SUBMITTAL: Submit bid in an opaque, sealed envelope. Identify the envelope with: (1) project name, (2) name of bidder. Submit bids in accord with the Invitation to Bid. MODIFICATION AND WITHDRAWAL: Bids may not be modified after submittal. Bidders may withdraw Bids at any time before bid opening. DISQUALIFICATION: The Owner reserves the right to disqualify Bids, before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the bidder. ITEM 2: ADDENDUM ONE NOVEMBER 28, 1988 LANDSCAPE IRRIGATION IMPROVEMENTS FOR OLD SETTLER'S PARK AT PAW VALLEY FOR BASEBALL COMPLEX -PHASE ONE CITY OF ROUND ROCK The City of Round Rock In cooperation with Texas Local Park Fund State Project No.: 20 -00264 ITEM 1: REFERENCE PAGE FOUR (4), SUPPLEMENTARY CONDITIONS OF THE PROJECT MANUAL, DATED OCTOBER 10, 1988, ITEM 11.3 - PROPERTY INSURANCE, DELETE: THE LETTERS NPC, ADD: THE OWNER. REFERENCE PAGE ONE (1), SPECIAL CONDITIONS OF THE PROJECT MANUAL DATED OCTOBER 10, 1988, ITEM SEVEN (7), WATER FOR WORK, DELETE: DESCRIPTION AND ADD: THE CITY WILL PROVIDE THE WATER AT NO COST, AT THE LOCATION SHOWN ON THE PLAN. THE WATER SHALL BE USED ONLY FOR WORK RELATED TASKS, SUCH AS FLUSHING LINES, STERILIZATION OF DOMESTIC WATER MAIN, TESTING AND ADJUSTING IRRIGATION HEADS. THE CONTRACTOR SHALL BE CHARGED FOR THE CARELESS USE OF WATER, SUCH AS LINE BREAKS ETC. INFORMATION REQUIRED OF ALL BIDDERS All bidders are required to supply the following information with the bid proposal form. Additional sheets may be attached if necessary. Address 1125 - C Regal Row, Austin, Texas 78748 (1) (2) Telephone (512) 282 - 7394 (3) Type of firm: ( )Individual, ( }Partnership, ( x )Corporation (4) Corporation organized under the laws of the State of Texas (5) List the names and address of all members of the firm or names and titles of all officers of the corporation: John C. Sofyanos, President S. J. Sofyanos, Sole Stockholder (6) ( ( (9) 302 Timpanagos 22 Fieldstone Austin, TX 78734 Coventry, CO 06238 Number of years experience 17 Years Bidders Texas Irrigators License Number JCS - 476, SS 753 List at least (3) projects completed as of recent date: Contract Amount Date Completed Name and Address of Owner $24,000 05/30/68 City of Rouru Rock Stillhouse Canyon $22,000 07/01/88 Clifton Lind 343 -0996 South Central Elementary Schoi $21,000 07/01/88 Jim Keener 441 - 1900 Have you had any complaints against your company by the Texas Irrigation Board or the Better Business Bureau? X NO YES IF YES/ PLEASE EXPLAIN: (10) List the name and address of each subcontractor who will perform work in or about the work or improvements in excess of one -half (1/2) of one percent (1 %) of the total bid price and indicate what part of the work will be done by each subcontractor. IUURS Address Work to be Performed Ronnie Derrick Austin, Texas Meter Vault Tx Water Consul. Austin, Texas Sanitization Texas (11) Payment of Taxes, in the State of yes X No (12) If requested by the Owner, the Selected adder(s) shall submit a notarized financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. f BID PROPOSAL 'LANDSCAPE IRRIGATION IMPROVEMENTS FOR OLD SETTLER'S PARK AT PALM VALLEY FOR BASEBALL COMPLEX - PHASE ONE CITY OF ROUND ROCK (Address) Prepared For The City of Round Rock In cooperation with Texas Local Park Fund State Project No.: 20 -00264 October 10, 1988 PROPOSAL OF: Phoenix Irrigation, Inc. 1125C Regal Row TO: Joanne Land, City Secretary 221 East Main Street Round Rock, Texas 78664 Date: December 5, 1988 Austin, TX 78748 CHECK ONE: (Corporation) (Individual) (Partnership) Having carefully examined the Specifications and Drawings, and .i dlenda to taw Specifications and Dr-'Jirga, ma ^X7.3 as the premises and all the conditions affecting the work, the undersigned proposes to furnish all labor, materials and �'. equipment necessary to complete the entire work in accordance with the above documents for the following 11 al-7 � sums) A. INSTALLATION BID: - We propose to furnish all labor, materials, taxes, I I testing, permits, equipment, tools and services required to complete in accordance with the I II % specifications and conditions contained herein and V ; shown on the accompanying drawings dated October 10, 1988. I e. -, August 10, 1988 City of Round Rock Page 2 of 3 Proposal Base Bid Proposal: A. Landscape Irrigation System Thirty -Nine Thousand Seven Hundred Seventy -Nine dollars ($ 37,779.00 ) B. Domestic Water Main Fourteen Thousand Four Hundred Ninety - Four dollars ($14,494.00 ) C. Sum Total of Base Bid A and S Fifty -Four Thousand Two Hundred Seventy -Three dollars 054,273.00 ) We will install and make both systems entirely operational within 60 calendar days. The undersigned agrees, if awarded the Contract, to execute to commence and complete all work as outlined by the Drawings and Specifications. It is understood that the City of Round Rock reserves the right to accept or reject any and all bids and to accept not necessarily the lowest bid, and-t® waive all informalities. It is further agreed that this bid shall be valid and not with drawn for a period of sixty (60) days from the date of opening thereof. It is understood that all employees directly employed on the work shall not be paid less than the minimum wage by the contractor as regulated by the State of Texas and the Federal Government. August 1988 City of Round Rock Page 3 of 3 Proposal Receipt is hereby acknowledged of the following addenda: 2 John C. Sofyanos Title: President Phoenix Irrigation, Inc. 1125C Regal Row, Austin, TX 78748 (Business Address) LANDSCAPE IRRIGATION UNIT PRICES: In the event a greater or lesser amount of work it done, the following uit prices will apply. Unit prices cover the cost of work and materials in place, including all materials, equipment, labor, taxes, overhead, profit, maintenance and guarantee required to render the same complete. T RtGATI0N SYSTEM ADD/ DELETE/ ITEM DESCRIPTION COST For furnishing and placing, complete and in place with all necessary fittings for attachment of any required appurtenance: 1/2" Black ABS Plastic (Irrigation) 1/2" PVC Class 315 (Irrigation) 3/4" PVC Class 200 (Irrigation) 1" PVC Class 200 1 - 1142 -PVC Class 1 -1/2" 2" PVC 2 -1/2" 3" PVC 2" PVC 3" PVC 4" PVC PVC Class Class 200 PVC Class Class 200 (Irrigation) 200 (Irrigation) 200 (Irrigation) (Irrigation) 200 (Irrigation) (Irrigation) Schedule 40 (Irrigation) Schedule 40, AWWA C -900, Class AWWA C -900, Class 200 Gear Driven Rotary Hunter I -25 Series flexible PVC joint Hunter I -20 Series flexible PVC joint Rainbird 1804 Pop -Up Sprays w /MPR plastic nozzles 2" Double gate, double check valve assembly in structural plastic vault with cover . 1" Quick coupler valve in valve box Gear Driven Rotary 200 w/ w/ . 60 /LF .48 /LF .57 /LF ' 1.20 /LF 1.50 /L 2.30 /LF 3.05/LF 5.30/LF 2.70/I,F 6.50 /I,F 8.00 /LF 42.00 /EA 27.00/EA 3.75 /EA 280.00 /EA 60.00 /EA 1" Ball valve in valve box (Irrigation) 30.00 /EA 1 -1/2" Ball valve in valve box (Irrigation) 50.00 /EA 2" Ball valve in valve box (Irrigation) 60.00 /EA 3" Ball valve in valve box (Irrigation) 165.00 /EA 4" Ball valve in valve box (Irrigation) 280.00 /EA 1-1/2" Bronze Gate Valve (Domestic Water) 50.00 /EA 2" Bronze Gate Valve (Domestic Water) 60.00 /EA 3" Cast Iron Gate Valve (Domestic Water) 280.00 /EA 4" Cast Iron Gate Valve (Domestic Water) 370.00/EA 7 Station irrigation controller, as specified 235.00 /EA 18 Station irrigation controller, as specified 1" Electric valve 1 -1/2" Electric valve 2" Electric valve 3" Electric valve Rain Check, installed 7" Diameter Plastic Valve box 10" Diameter Plastic Valve box Rock Saw with operator Trenching Machine with operator Job Foreman Laborer 670.00 /EA 45.00 /EA 68.00 /EA 95.00 /EA 210.00 /EA 60.00 / 6.5P /EA 24.00 /2A 105.00 /FIR 35.00 /ER 18.00 /RR 7.50 /ER A M E R I C A N and the Contractor: (game and address) The Project is: (.Name and location) Landscape The Architect is: (Name and address) I N S T I T U T E O F A R C H I T E C T S • AIA Document A101 Standard Form of Agreement Between Owner and Contractor were the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 1S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction. is adopted in this document by reference. Do not use with other general conditions unless this document is nrudified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the twenty- second (22nd) day of December ln the year of Nineteen Hundred and eighty -eight (1988) BETWEEN the Owner: The City of Round Rock (Name and address) 221 East Main Street Round Rock, Texas 78664 Phoenix Irrigation, Inc. 1125 -C Regal Row Austin, Texas 78748 Landscape Irrigation Improvements Palm Valley Park - Baseball Complex City of Round Rock, Texas Texas Local Park Fund Project No 20 -00264 Belanger & Smith Associates, Inc. 712-C W. 14th Street Austin, Texas 78701 The Owner and Contractor agree as set forth below. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTII EDITION • AIA • ©l91t7 TIIE AMERICAN INSTITUTE OF ARCHITECTS. 1'35 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 2aI•l:• Copyright 1915, 1918, 1925, 193'. 1951. 1958. 1961, 1963, 1967. 1974, 1977, 01987 by The American Institute of Archi- tects, 1735 New York Avenue, V.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the MA violates the copyright laws of the United Slates and will be subject to legal prosecution. A101 -1987 1 Wednesday, March 1, 1989 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed In this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and areas fully a pan of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. M enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Irrigation systems as specified within the "Project Manual ", dated October 10, 1988, Section 02441 — Underground Irrigation System /Domestic Water Main, and as per plans, Sheets L1 through L2 dated October 10, 1988, as prepared by Belanger & Smith Associates, Inc. The Unit prices provided by the contractor in his December 5, 1988 Bid Proposal for work to be added or deleted as determined by the Owner shall not be changed or withdrawn from this contract. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued t,y the Owner. (Insert die date of commencement. ! it differs from rbe date of Ibis Agreement o:, if applicable, stare teat die date trill be fixed in a naive to proceed.) DATE OF COMMENCEMENT: TUESDAY, DECEMBER 27, 1988 Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages. mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or somber of calendar days after the dare of commencement. Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Conroe( Documents) subject to adjustments of this Contract Time as provided in the Contract Documents. (bnert provisions. if any. for liquidated damages relating to failure to complete on time) NONE MA DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • O1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.C. 20(1(6 A101 -1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Fifty Four Thousand Two Hundred Seventy Three /00 Dollars ( 54, 273.00 su iect to a and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or otber identification of accepted alternates. If decisions on other aberrtates are to be made by the Owner subsequent to tbe =ration of tbis Agreement, atlacb a schedule of sorb otber alternates showing tbe amount for each and tbe date Willi mhicb dm amount is solid.) 4.3 Unit prices, if any, are as follows: Reference attached bid proposal package prepared and submitted by the contractor December 5,1988. EXHIBIT "A" AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIM' • ©1917 TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N W.. WASHINGTON. D.C. 20006 A101 -1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be isme-eillevidatmentivending•enthe ss- F uO "' up to and through the twenty - fifth day of the month. 5.3 Provided an Application for Payment is received by the Architect not later than the twenty - fifth (25th) day of a month, the Owner shag make payment to the Contractor not later than the fifteenth (15th) day of the next month.liestie - ; Ata ikon• after- theapgliusiiBra •data- fikurtabovu,payaw °la^ll b a d e r....r,e C nor 1•,tP th,n 9apg9fter -eke rehiteet- receives -Ike- AppGeauow•€er- Pavgttlpt- 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Rork and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This Schedule. unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progrczs payment shall be computed as follows: 5.6.1 . Tak.�h:,r portion of the Contract Sum property allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten - percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work. amounts not in dispute may he included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably scored off the cite at s. 7,Laticn aired upon in writing !ess retainage of not slp;lli c3h7... percent ( NA %); 5.6.3 Subtract the aggregate of previous payments made by the ner; and 5.6.4 Subtract amounts, if any for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined In accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a stun sufficient to increase the total payments Rl Ninety percent ( 90 %) of the Contract Sum, les3 such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Nf:• prito.mstrbele eei:,Fe mPkti,ra rf• wx. wMne4r ...A.`koovel....14 w.p uwy,rJ.' - - ",a ��su6pur ai.3r4ww.uu44isic+.ur ' ^ °• - -, .,�..,.•..,• °•,• :., .r.,, eev.v - ta,,,..,.' • yawn./ sc ouGUUen n ....a.., f {r¢ jvullc.livtrrnru , All applications for requests shall be via AIA Docuent G702 and Continuation Sheet G703. All payment requests shall be notarized, and submitted in triplicate. AIA DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • Ale • ©19117 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.1V., VX'ASHLNOTON, D.C. 25106 A101 -1987 4 ARTICLE B FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractors responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy' other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Final payment of the entire unpaid balance and all retainage to bring the total compensation to 100% shall be made upon the resolution of all unsettled claims, the final written recommendation by the Landscape Architect and acceptance by the owner. Certificate for final payment shall be accompanied with, AIA Document G704, Certificate of Substantial Completion, AIA Document G702 -A, Contractor Release of Liens. All documents shall be notarized and submitted in triplicate. NONE ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions Or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Paymenes due and unpaid under the Contract shall hear interest from the date payment is due at the rate stated below. or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is k,catcd. nwsvt rate of interest agreed upon, if any-) NONE (Usury Iaws and reyairemenrs under the Federal Truth on Lending Act. similar stare and local ronsumercredf lass andoiher regulations at the Owner i and Contractors principal places of business. the location of the Project and elsewhere may affect Me ralidtir of Ibis prorision. Legal udrire slnmld bet/blamed with respect to deletions or modifications. and also regarding requirements such as written disclosures or sateen.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions_ 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • Ig19K7 THE AMERICAN INSTITUTE OF ARCHITECTS. 1 735 NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 20000 A101 -1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications Clued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated August 1976 , and are as follows: Document Titfe Pages REFERENCE ATTACHED EXHIBIT "B ", PROJECT MANUAL, DATED OCTOBER 10, 1988. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3. and are as follows: (Either fiat Ilse Sper Jicannrrs here nr Jrr to rut eshihif •rrnwIw i to this Agre ment.) Section Title Pages REFERENCE ATTACHED EXHIBIT "B ", PROJECT MANUAL, DATED OCTOBER 10, 1988. AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N -, WASHINGTON. D.C. 20006 A101 -1987 6 9.1.5 The Drawings are as follows. and are dated (Rae list the Drawings ben or refer to an erbibit atabed fo this Agreement.) Number Title L1 L2 9.1.6 The Addenda. if any, are as follows: Number One Domestic Water Line & Landscape Irrigation Improvements October 10, 1988 Landscape Irrigation System October 10, 1988 Date Pages Noveisber 22, =W2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OW NER-CONTRACTOR AGREEMENT • TWELFTH EDITION • 51Ae • (g I9m7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON. D.(:. toffee unfess a different date is shown below: Date one of one A101 -1987 7 9.1.7 Other documents, if any, forming part of the Contact Documents are as follows: (List hem any additional documents tibia, are tmend.N to form part oftbe Contract Documents. The General Conditions provide that bidding requirements sad m advertisement or invitation t o b i d . In ntaions to B i d d e n . sample forms and the Commctor S bid are na part oftbe Comma Documents amass ennmeaared in Ibis Agreement. They sbouW be listed ben only 1f intended to be part of the Contract Dd inter ) The Irrigation Contractor shall provide as built plans for the irrigation system and Domestic Water Main to the Landscape Architect prior to requesting Final Payment. The Landscape Architect shall provide reproducibles to the Contractor to prepare as built plans. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contactor. one to the Architect for use in the administration of the Contract, and the remainder to the Owner. DATE: Z/!6/0 OWNER: City of ^ Round Rock, Texas CONTRACTOR: Phoenix Irrigation, Inc. DATE: (Signature) (Printed name and title) AIA DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA' • , S 19R' THE AMERICAN INSTITUTE OF ARCHITECTS. 1 - 35 NEW YORK AVENUE. NAT.. WASI IINGTON. » c. :pxxr ✓c2h'4/ 6. SoFY4r102_5 ,�1P6 • (Primed mum a and line) A101.1987 8 PERFORMANCE BOND The Owner will require the Contractor to furnish a Performance Bond signed by the Contractor as Principal and by an established reputable bonding or insurance company (satisfactory to the Owner) as Surety, on the Standard American Institute of Architects form, or approved equal, in the penal sum of one hundred percent (100 %) of the Contract Price, as security for the faithful performance of all work included in the contract, and a separate bond, also in the penal sum of one hundred percent (100 %) of the Contract Price, on a Texas Statutory Payment Bond Form, as security for the payment of all costs for labor and materials on account of the work. This bond shall remain in full force and effect from the date of signing the Contract until the expiration of the one (1) year guarantee. The cost of the Performance Bond shall be included in the bid price. GENERAL CONDITIONS The General Conditions for the project shall be the standard for of "General Conditions of the Contract for Construction ", "A.I.A. Document A- 201 ", Thirteenth Edition, August 1976, as prepared by the American Institute of Architects. The "General Conditions of the Contract for Construction" constitutes an official document and shall govern the entire contract and its operations as amended by the "Supplementary General Conditions and Special Conditions ", included in the Contract Documents. END OF GENERAL CONDITIONS Page 1 SUPPLEMENTARY GENERAL CONDITIONS SUPPLEMENTS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction ", "A.I.A. Document A- 201 ", Thirteenth Edition, August 1976. Where any Article of the General Conditions is modified or deleted by these supplements, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause remain in effect. ARTICLE 1 - CONTRACT DOCUMENTS 1.1.1 Modify the first sentence by inserting the following after the work "Specifications ": Advertisement for Bids, Instructions to Bidders, Proposal Form. 1.1.5 MISCELLANEOUS DEFINITIONS 1.1.5.1 The term "product" as used in these Supplementary General Conditions includes materials, systems and equipment. 1.1.5.2 The term "provide" as used in these Specifications means to furnish and install. 1.1.5.3 The word "Landscape Architect" where used in the Contract Documents means the same as "Architect" as defined in the General Conditions. ARTICLE 3 - OWNER 3.5 OWNER'S OCCUPANCY 3.5.1 The Contractor shall agree that the Owner (City of Round Rock) may occupy or use portions of the work before substantial completion of entire work,.and further agrees that such use or occupancy of portions of the work shall not in any way evidence the substantial completion of the entire work or signify the Owner's acceptance of the entire work. ARTICLE 8 - TIME 8.2 DEFINITIONS Page 1 8.2.2 Change first sentence to read, "The Contractor shall begin the work within ten (10) days from the notice to proceed (date of commencement) as defined in subparagraph 8.1.2 ". 8.3 DELAYS AND EXTENSIONS 8.3.5 Extensions of time shall be allowed for rain, snow, sleet, hail or other weather conditions which delay work only upon written request, review and acceptance by Owner or his representative. Floods, tornados, or other extremely severe weather conditions which damage the work in progress on the site, shall be allowed "extension time" to extend time required to restore the damage. ARTICLE 9 - PAYMENTS AND COMPLETION 9.3 PROGRESS PAYMENTS ARTICLE 11 - INSURANCE Page 2 Add to Subparagraph 9.3.1 the following sentence: "The form of Application for Payment shall be furnished by the Landscape Architect and prepared by the Contractor and submitted in quadruplicate. 9.3.1.1 The application for monthly payment will be submitted monthly, provide two notarized applications to the Landscape Architect, on or before the 25th of each month, based on the application for payment date for work -in- place. Owner's payments will be released to Contractor by the 15th of the following month. 9.3.1.2 The Owner will retain ten percent (10 %) of the amount due to the Contractor for a maximum of 45 days following written final acceptance of the completed project by the landscape architect. Maintain insurance as described in Article 11 of the General Conditions of the Contract for Construction, written for the minimum limits of liability and with the further provisions hereinafter specified. Maintain insurance with a reliable company (having at least "AA" or better financial rating and "A +" or better general policy holder's rating according to latest A.M. Best Report) of Contractor's choice, acceptable to, approved by Owner, Page 3 authorized to do business in the State where project is located. The Contractor shall require his subcontractors to carry life insurance (with adequate limits) that referred under this heading. 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 In the first line following the word "maintain ", insert the words "in a company or companies licensed to do business in the State in which the project is located. 11.1.1.6 Liability Insurance shall include all major divisions of coverage and be ona comprehensibe basis including: 1. Premises - Operations (excluding X -C -U). 2. Contractor's Protective. 3. Products and Completed Operations. 4. Contractual - including specified provisions of the Contractor's obligations under Paragraph 4.18, Indemnification. 5. Owner, non -owner and hired motor vehicles. 11.1.2 Add the following: 1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: Statutory workman's compensation and occupational disease insurance covering Contractor's liability according to the laws of the states having jurisdiction; employer's liability insurance with minimum limits of $100,00. 2. COMPREHENSIVE GENERAL LIABILITY INSURANCE,: Including contractual liability recognizing the liabilities imposed by this Contract and including product and /or completed operations liability against bodily injury. a. Bodily Injury Each person $250,000 Each occurrence $500,000 Aggregate $500,000 Page 4 b. Property Damage Each occurrence $250,000 Aggregate $300,000 3. COMPREHENSIVE AUTOMOBILE LIABILITY: a. Bodily Injury; Each person $500,000 (including death) Each occurrence 1,000,000 b. Property Damage Each occurrence $100,000 4. INDEPENDENT CONTRACTORS: Same as above. 5. CONTRACTUAL LIABILITY: Same limits as above. 11.1.3 Owner requires thirty days written notice prior to policy cancellation in lieu of fifteen. Add new clause: 11.1.3.1 Furnish one copy of certificates herein required for each copy of Agreement; specifically set forth evidence of all coverage required by 11.1.1 and 11.1.2. The form of the certificate shall be A.I.A. Document G -705. Furnish to the Owner copies of any endorsements that are subsequently issued amending coverage or limits. 11.3 PROPERTY INSURANCE (Delete all of 11.3) Add clause: The Contractor will be responsible for his materials and equipment and hereby waives (including Contractor's insurance carrier) all right of recovery from the Owner because of loss or damage to his material or equipment regardless of cost. The contractor whall make al).. bce §suy provisions which are acceptable toG protect his work from vandalism or theft. Secured material storage areas will be permissable. ARTICLE 12 - CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.4 In the next to last sentence, delete the words, "as confirmed by the Architect" and add "without overhead or profit." END OF SUPPLEMENTARY CONDITIONS Architeet-Consultent Contract for a Portion of the Services •, • cT Editiorv7 A CoiUaft I. mcemo t A201,, a general conditions foan, is intended to be used as one of the Contract Docurnentsnt ng tis addltjtja„ ltt'trequently adopted by reretatce into a variety of other agreements, din g COiltractor-Su bcOntrdetor'4grde7itnts, Lnorder f°stg)11" totips ort,'Me4pical gon$Vition pmect citrelvn A* agletataent$ - 11 . be sdop;e " • * • e■It loet*ieth itte,.rovitier #0 • adoPterel 51thc.cOttaq., stch as- 0xis c*, enx - : th e :0 1,,ii,14.,ftwte oto • 1:42; C-1 1:',Fu(1'645L 'Stith incOiPi7011 °11 Ff' a '44aftfrig ,rnc°1 xally 01 '7 064•• '',4)fhe'.r-aPedtiv' Ctaa tra. forC.Onst17-"O' • • . • Pabli • Supplementary • Aso included In the COntractDOMunents,am addeede '..'A..“./eamenc A201 'doctuitent b considered_ the keysum " onedabov docl CII4*0 640 Is a TI ' - • 1,1 the when the enr.s C141, rated aregene- d the Cootraqtor. The Other documents listed in the ved in the construction nsibilittes of the bansbuCtittri robtagenient family of :46eiedetles (AIA bOtu• • _ ( irsl, 11 ° 1 0 9.f" t A271). For certain federal projects,' the MA publisher the Federal Supple.men ' t Incorporates iutatthnOri got:Gr.:wig 10 the construction Industry Arbitration Rules of the American Arbitra- cHANGES-FROM THE PREVIOUS' t Filmier ettanges T prOwsto dealing With the tig and - respo Admhtistragan of die Contract in order to • ceitaneous`Pr4ylsions,. fOXmeily Article 7, Is n Cheng*s IncOnteht char • t�r 'raw ect t3 p I e 13 tic7iJ" r changeS diva. 'co ;- sate . ntrattors e * . of tegan + an Contract he pro. b4.. this mt pn fro1,, i de to : t, ddaanen �: 4 p:il` - .: as follows, used by abuse, mod}dt*ns uncler iiornial usa . elite is to he accomplished de a license,giantIng. Use of substantial pot- been' e 2 to Article 4, retitled r as . es to cdon Contract ldis ces and the'Iaw. Commegtsand those representing owners, arch1- ors. of executed by the' ew Of shop dravvir* has been expanded, and now requites.. dent time i o judgment to eondUttt an adequate review. The general limitation . t ents hss•beCtt; [g • 1.,o Ai "�' tarlgrutge has been added, spedat:,auy Cdccludtng.ptuposes of checkM$ tea's review to • fo t ' «. . wirh.the Information given and the design Concept expressed' DlspWes- provldlons gqVenlipg bandllng ofCta* 3 od, urea hare, been expanded and bmugbt together in fn •graph to spefPout procedwes frMte fly and sequenttaffy, dlaesnis.OfttMhartge -Order and (i i nIt processes may on the last pagC. iristNeddn Sheet. In the fnterrStof espediting arbitration proceedings, a notice of dematrd•for• tfon is d1:bw required to intiu¢e all causes dt then known to the party filing the demand Limitations on tonsolidiadon o der in arbitration'of tfte Atchhect o1 the - Architect's eraployets or con$ultanrs =have been retained. - .,.,pefey8Dlue to.Adker99 ndlti9tls— �.Cigltlis for delay dueto adverse weather conditions must now' be,substantiated by .data 5ttoprltfg._that s nehiconditlo0s Were out of ttie nd bad an adverse effeci on. Alae selieduted cOastructlon- C,ow�-�611 baojtt'BctS-A flew lagvislOn assigns Subcontracts ter the Owner' In the event that theContract is tend , re Man.- an provides far adjustment of the Subcontractofs tom pensatio ilif.teirmrtatlon leas •resulted In suspension of fax Work for rf Man.- 30 days. Borti O wner and Subcontractors ate ihus given 25 Oleasur,e of protection from the effects of 1N teatRUCytdt'tgtlEO. Aa 1404*A2 • , vn FAA • flit AMERAMERICA STi'tt11 0P .SRCHIT 1735 NYE* YORK AV N11 1 N ',NG ON, D.C. 200. 4, Use otNot*AIAFarms If a comtinatlbn of AMA'. documents and non•AlA documents Is to be used,. particular care mist be taken to achieve consistency_of language and intent. Certain owners require the use of owner - contractor agreements with general conditions -and other contract - forms which they prepare. Such foots should'be carefully compared with the standard AMA forms for which they are beingsubsd- tuted before. execution of an agreement tf there'are any signieisnt onilsslons, additions or variances from the terms of the related standard A11A"forms, -both Jegal andinsutd0Cf eoiu)sel shou!d'be constdted b' Use Ott drrent.©Ocutnailta Prior musing anyAIA document,' the user shOUtd Consult the AIA, an AMA eompbnent chapter or a current AIA lloeutnents Price List.. ra • determlne the current edition of ear b'doeumerit g R epfOd tt uetlO AIA toeumes t A201 is a copyrighterfi work and -May nor*, reproduced oe'excerptederom in substantlaK .vi1liten. per slop of tiie`ATA. The 'rr.20-P cine ent is intended 10 be.oseo as a eousttnt ile —that is the,o chased by the user Is intended to be eonsumedin,the course Of being useeL There Is no htlplied Wit men[ nor dries member5hlp in The.i),mertcan Institiue of Accbltecls confer any further rights h'� ' �,. , A201 may not be reprodeced for Pr4)ect ManuSis:,8adier, if a User wishes to inelUde it in a Pro I t yanual, 3 purchase a quantity o f the pre - printed fornts;and bind one in each of fax Proect j Nations tbroug ti. a of separate Supplementary Conditions, such as those¢erived f rom 'uhf p die tpannietton 'sbeers,aceompanyittg solte';Ab1 citMuments{ tf ..46,f fns . 'pe vAsston 10 Tdproduce - tile A201 document AIA wIll not petgnit thelreptod ttons,of ingtage Et n ! It; except upon wdtten request and rrteipt of •wrl at II Work ed after Substantial Completion, so a n m Ir Changes in the mock greater detail tion, .e rfs no required to insure ltit giving the dates of�c6m -! rct. ..lots in the Project. This bstantlai C ompletion, cate, ent, and a third for e Contractor. A provision Supplementary'Conditions when revised. Aside- by-side ublicaion of the 1987 edition. Ardeie 7: Changes In the Work This article has undergone subsrintial revision and provides for a new type of docutnent• The Change Order Is now requires - - tribe signed. by the Owner,. Contractor. and Architect. In.tbe event the Contractor',s;agteenleot;cannot be obtained; a;'new docu- wen a Construction Change Directive Which Is signed by the Owner and Architect; ' shal be Issued. Radio( these situations were Change Orders, Now they are separated so thatthey can, i tlecessary, be handledmdependeritly. A diagram bf the process may be found of the Last . page of -tlils Tnstrection Sheet. _ Article Si Payment and Completion' $alt titiaICornptetIon— TheSubstantial ovisionsnowexplicitly allowforpartialoccuparr use.ACertificateof Stibstantlai Completion covering a portion of Work is provided fot,' and consent of the insurer of the property is required, AttICIC711i Proteotlon• ot Ptsone,ofd Property- .. Aebestps,, PCB antuother L22UrdOUs Waste —The problem of haaardous wastes is addrested, for the first time, preseFlying procedures take followed in the event such - substances are encountetect the site. Under its proveis t os,, tb only proceed in the affected arta.by written consent of the Owner and Contractor, or in aceordance:with Architect upon which arbitration has not been .demanded. Artlele 1.1: Insurance and Bonds .. Thls,ardcie has. been expanded to cover bonds as well,: and it Is now provided that bonding re . the Contmetor in the bldditig tequirements:or at the time the Contract iS signed. The Contra copies.,ofthe bonds on tegttCSt10 s�y person - appe?dng;to be a beneficiary of them Owner's property insuraftoe,i9 now Moulted M. be Wiitte amount,of tile Contract stun effectedby, Change 'order, The coverages to;be included on the "all/ ' because, "all-risk" merely means coverage of all risks not specife Sly exclude materials stored off -site or in transit. - Artlele l3; Chteovering antdCorrectlon of Work Correotlon of Work —The correction period basbeei extended .....that 'Work Is: also covered by a one- year.Corttxdon period. Attlee 13` Nllacalle00us.Pro,0o6 s tatutor y *wean. Pettod, + A separate 'paragraph has 'mencemenr of the statutory limitation period withrespect paragraph covers a range of situaNOns and Sets another for those taking Place between Su taking place after the final Certificate his Article• 14 Yenntnagon or Suspenalon 4iotedurft at e, set Out ;for auapefsio allowing fbr'terrinnadott in..itke,, Further'dctaus on these • comparison of the 1976 Homey bef , a t, Particularly With respect to licensing laws duties ittiposed arbitration d n7ficar� , . t may require modification with die assistance of legal e Of local ctrl r , at.■ cations to the General t accomplished by Supplementary Conditions includedin the Prof- in the Owner-Contractor c cep . : See ALA Document A511, Guide for Supplementary Conditions, for suggested fomat for the Supp ..- I., Conditons. �esigned for geheral;Mtage, it does not provide; all the knfornradon and legal requireuteats needed for a specific Project -. nttl!tecessaty additionalreguirements must beprovidedin the ether CoOtract taocument 'such as the Supplementary Condi- $o . t AjA Docurnen( Location of Subject Matter, in determine the proper location for - such ; 'additional stip .; a is definitely not recommended practice to retype the standard docunient Besides being a violation of copyright, retyping can Intro- duce typographical errors and cloud, the legal Interpretation given to a standard' clause when blended with modifications. Retyping elbninates'one of, cite principaiadvahtages Of standard form documents. By merely reviewing the modifications to be made to a stan- dard fort document, parries famfar'with that document can quickly understand the essence of' the proposed f elatlonshlp. Commer- cial exchanges. ate greatly Anti:gilled and' expedited, good -faith dealing is;enCouraged, and otherwise latent clauses are exposed for scrutiny, In thlS way, conttasdng parties can more confidently and fairly measure di* risks. INSTRUCTioNsHEEr FOPAIAt 1257EDrriON:..ptaa emir /km/Rya& INSTITUT/I OA sSC}OTgCTS, 1735. Ntiw Y951t AVENUE, N,\Y.:. W/SAWGrQN. arec6 Cy The cisbp4 proCe5s'may be started Rrro as sbowri h1 the diagram abo0e once the. di0pdte by following specific- in the : diagram below, CLAIMS PROCESS h OWtImtlC�. Bm b WeM Od/< Omtwtl botlW m cos.* tnclu• m r u ^- terms Of a Change Omer and co sect, Seek resolution of dam•. I 1. These steps are generalized one laamn Nab. w 42.0-,natotimo Arbitration AvinitUCTDN5HETOor annoe IYENT 18019 1987 anrrigN 41704 +'17O MAN 1NSrITUTB.DF 1hciirrECTS, 1/ NSW YORK AVENUE. N % W,. tNGTON;D,C.', 2000. D. CHANGE ORDERS AND CLAIMS CHANGE ORDER PROCESS Thediagrattms„belowaregrapldc' examples. oftheChangeOrderand :Claimsprocessesunder.the 1987.editlpaofAIA pocument A201. These diagrams are presented.for instructional purposes. only, and arenot intended to augment or supersede any contract-language contained in:thedocttment.,Users ace.surged to readthe document'In Sts entirety and tdconsult the relevant contractlanguage regard rng:rnc [raruFUwo v. m.�" H.v�w..a ..,os•.�. ,. ,,. r „ A change Order "may be initiated by the O'wnei Contractor or, Architect. •Typically, upon tnitldtion of the Change Oder process, tie Architect prepares a. copy of ALA' Docutnent 0709, Proposal Request, and submits it to the Contractor - for. pricing. This is then con - veyed bank through- the Architect to the d)wnet beginning, the process diagrammed below. A M E R I C A N I N S T I T U T E O F A R C H I T E C T S A1A Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES I. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 14. TERMINATION OR SUSPENSION OF THE 7. CHANGES IN THE WORK CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, © 1987 by The American Institute of Architects, 17,15 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without writ hat permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. ' AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201 -1987 Acceptance of Nonconforming Work ... ... 9.66, 9.9.3, 12.3 Acceptance of Work 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3 Access to Work 3.16, 62.1, 12.1 Accident Prevention ... .... _ .... 4.2.3, 10 Acts and Omissions . 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3,18, 4.23, 4.3.2, 4.39, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda 1.1.1, 3.11 Additional Cost, Claims for . _ . 4.3.6, 4.3,7, 43,9, 6,1, I, 10.3 Additional Inspections and Testing. ..... 4.2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for 4.3.6, 43.8, 4.3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT 3.33,4,9,4,9,5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 42,13, 4.5.1 Allowances 3.8 All -risk Insurance 11.3.1.1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9 5.1, 9.6.3, 9.8.3, 9,10.1, 9.10.3, 9.10.4, 11 1.3, 14.2.4 Approvals .... 2.4, 3 3 3, 3.5, 3.10.2, 3.12.4 through 3.12.8, 3 18.3. 4.2.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5 Arbitration 4.1.4, 43,2, 4.3.4, 4,4,4, 4.5, 83.1, 10.12, 11.3.9, 11 3.10 Architect 4.1 Architect, Definition of 4.1.1 Architect, Ext0111 of Authority 2.4, 3.12.6, 4.2, 43.2, 4.3.6, 4.4, 5.2, 6.3, 7,1,2, 72.1, 7.3.6, 7.4, 9.2, 9.3.1. 0.4, 9.5. 9.63, 0.8.2, 9.83, 9.10.1, 0.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.22, 142.4 Architect, Limitations of Authority and Responsibility . 3.3.3, 3.12.8, 3.12.11, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13. 4,12, 5.2.1. 7.4, 9.4.2, 9.6.4, 9.66 Architect's Additional Sery ices and Expenses .. _ . ..... 2 4, 9 81, 11 .3.1.1, 12.2.1, 122.4, 13.5.2, 13.53. 144.24 Architect's Administration of the Contract ..... . .. 4.2, 4.3.6, 4.3,7, 4,4, 9.4, 9.5 Architect's Approvals 2.4, 3.5.1, 3. 10.2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authority ui Reject Work .... 3.5.1, 4.2.6, 12.1.2, 122.1 Architect's Copyright 1.3 Architects Decisions c.2 (, 4,2.7. 4.2.1 1, 4.2.1 2, 4 2.13, 9.2, 9.4, 9.5.1, Y 8.2, 9.0.1 , 10,1.2, 13.52, 1422, 14.2.4 Architect's Inspections 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.82, 9.9.2, 9.10.1, 115 Architect's Instructions .. 4.2.6.4.2.7,4.2_8,4,3,7,7.4.1, 12,1,13.5.2 Architect's Interpretations ... ........ ... 4.2.11, 4.2.12, 43.7 Architect's Ott-Site Observations 42.2, 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Architect's Project Representative ... . ..... .. . . ... 4.2.10 Architect's Relationship with Contractor 1.1,2,3.2.1,32,2, 3.3.3. 3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.1 1, 3.16, 3.18, 4.2.3. 42.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8,2, 11.3.7, 12.1, 13.5 Architect's Relationship with Subcontractors . _ . 1. 4.2.3, 4,2,4, 42,6, 9.6.3, 96.4, 11.3.7 Architect's Representations .. .. . . .... . 9.4.2, 95,1, 9.10.1 Architect's Site Visits 4.2.2, 42,5, 4,2.9, 4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9,10.1. 13.5 Asbestos........... ............................... 10.1 Attorneys' Fees _ 3.18.1, 9.10.2, 10.1.4 Award of Separate Contracts 6.1.1 Award of Subcontracts and Other Contracts for • Portions of the Work 5.2 Basic Definitions - 1.1 Bidding Requirements .. . _ . 1 . 1 . 1 , 1 .1 .7, 5 2 . 1 , 1 1 , 4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien - 9.10.2 Bonds, Performance and Payment . . . 7.3.6.4, 9.10.3, 11 39, 11.4 2 A201 -1987 INDEX Building Permit 3.7.1 Capitalization 1.4 Certificate of Substantial Completion .... .. . .......... 9.8.2 Certificates for Payment 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6,1, 9.6.6, 9.7.1, 9.8.3, 9 10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval .... 3.12.11, 13.5,4 Certificates of Insurance ..... . . ...... 9.32, 9.1(1.2; 1 1.1.3 Change Orders..,_, 1,1.1, 2,4.1, 3.8.2.4, 3,11, 4.2.8, 4,3.3, 5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9- 3.1.1, 9,10.3, 11.3.1.2, 11.3.4, 1- 1.3.9, 12.1.2 Change Orders, Definition of ..... . ... . ... ... ... ... 7.2.1 Changes 7.1 CHANGES IN THE WORK- .. 3.11, 4.2.8, 7, 8.3.1, 9.3.1.1;10.1.3 Claim, Definition of 4.3.1 Claims and Disputes 4.3, 4,4, 4.5, 6,25, 832, 9 3.1.2, 9.3.3, 9 10.1.4 Claims and Timely Assertion of Claims ..... . . .. . 4.5.6 Claims for Additional Cost 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Claims for Additional Time .. . . 4_3.6,4.3.8, 4.39, 8.3.2 Claims for Concealed or Unknown Conditions 4.3.6 Claims for Damages...3.18, 4.3.9, 6.1.1, 6.2.5; 8.3.2, 9.5.1.2, 1(1, 1.4 Claims Subject to Arbitration 4.3.2, 4.4.4, 4.5.! Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Conditions Relating to 2. 1 2, 2.2.1, 32.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 51.1, 6.22, 8.1.2, 8.2.2, 9.2, 1!.! .3, 1 1 3.6, 11 4.1 Commencement of the Work, Definition of 8.1.2 Cut nm unications Facilitating Contract Administration ... 3.9.1, 4.2.4, 5.2.1 Completion, Conditions Relating to 3.11, 3.15, 4.2.2, 43.9, 4.3.2, 9.4.2, 9.8, 9.9.1, 9 10, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2,9, 4.3.5.2, 8, 1.1, 8.1.3, H.2.3, 9.8, 9.9.1, 12.2.2, 13.7 Compliance with laws 1.3, 3.6, 3.7, 3.13, 4.1.1, 10.22, 11.1, 11.3, 13 1, 15.5.1, 13.0.2, 13.6, 14.1.1, 1 Conccalecl or Unknown Conditions Conditions of the Contract 1.1,1, 1 1 .7, 6. 1 1 Consent, Written 1.3.1, 3.12.8, 3.142, 1. 1 2, 4.3.4, 4.5.5, 9.32, 9.82, 9.9.1, 9.10.2, 9.10.3,10.12, 10.1.3, 1 1.3.1, 11.3.1.4, 1 1.3.17, 13.2, 13.42 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4,6 Construction Change Directive, Definition of 7 3.1 Construction Change Directives .... 1.1.1, 42,8, 7.1, 7.3, 9.3 1. 1 Construction Schedules, Contractor's 3.10, 6.1.3 Contingent Assignment of Subcontracts 5.4 Continuing Contract Performance . 4.3.4 Contract, Definition of ...... . .... . . . ..... . . . ... . . . 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE . . '..... .. .... 43.7, 5.4.1.1, 14 Contra Administration ......... . ... . . .. 3.3.3, 4, 9,4,9,5 Contract Award and Execution, Conditions Relating to 3,7.1, 3.10, 5,2, 9.2, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The 1.1, 1.2, 7 Contract Documents, Copies Furnished and Use of, .. 1 3, 2.2.5, 5.3 Contract Documents, Definition of ........... . . . 1.1.1 _Contract Performance During Arbitration 4.3.4, 4.5.3 Contract Sum ..... .............. 3.8, 4.3.6, 4.3.7, 4 4.4, 5.2.3, 6.1.3, 7.2, 7.3, 9.1, 9.7, 11.3.1, 122.4, 12.3. 14,2,4 Contract Sum, Definition of . ........ ... . .. ........ 9,1 Contract Time 4.3.6, 4.3.8, 4.4.4, 7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7, 12_1,1 Contract Time, Definition of . .. ........... .... .... 8.1.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION A MA • ©1987 THE AMERICAN INSTITUTE OF ARCIIITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Bid 1.1. Contractor's Construction Schedules . ....... 3.10, 6.1.3 Contractors Employees .. ... _ 3.32, 3.4.2, 3.8.1, 3.9, 3, 18, 4.2.3, 4.2.6, 8.12, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owners Forces .. 2.2.6, 3.12.5, 3.14,2, 4.2.4, 6, 12.2.5 Contractors Relationship with Subcontractors . .... 1.2.4, 3.3.2, 3 .18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 142.1.2 Contractors Relationship with the Architect 1.1.2, 3.2.1, 3.2.2, 3.3.3, 3.5.1, 3.7.3, 3. 11, 3.1283.16,3.18,4.2.3,42,4,42.6, 4.2.12, 52, 6.2,2, 7.3.4, 9.8.2, 11.3.7, 12,1. 13.5 Contractors Representations.. 1.22,3,3,1,3.12 .7, 6.22, 8.2.1, 9.33 Contractor's Responsibility for Those 33.2,3.18,4.23,10 1.2.2,32,3.7.3 0.7 Performing the Work Contractor's Review of Contract Documents Contractor's Right o Stop the Work Contractor's Right to Terminate. the Contract 14.1 Contractor's Submittals .... _ . 3.1((, 3.1 1, 3.12, 4.2.7, 9.2,1, 5.23, 7.3.6, 9.2, 9 3.1, 9.82, 9.9.1. 9.10.2, 9.103, 10.1.2, 11.4.2. 11.4.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1 2,4, 3.3, 3.4, 4.2.3, 8.2.2, 8.23, 10 Contractual Liability Insurance 11. 1.1.7, 11.2.1 Coordination and Correlation 1.2.2, 1 .2.4, 35.1, 3.10 3.12.7, 6.1 3, 6 2.1 Copies Furnished of Drawings and Specifications . .. 1.3 2.2.9. 3. 1 I Correction of Work 2 3, 2.4, 4.2.1, 9.82, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of ' - .. 7.3.6, 14.3.5 Costs. _ 2.4,3.24,3.7.4, 382.3 .15.2,4.3.6,4.3.7,4.3.8.1,5.2.3, 6. 1.1,6.2.3,6,3,7.3.33,7.3.6,7.57 9.7, 9,8.2, 9.10,2/,113.1.2, 1 1 . 3 . 1 . 3 , 11.3.4, 1 1.3 9, 12.1, 12.2.1, 121.4, 12.2.5. (39(3 Cutting and Patching . 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3 1 +.2 • 62.4, 9 . 5 . 1 . 5 , 101.11, 1((.2.5, 1 0 . 3 , 11.1, 1 13, 12.2.5 Damage to the Work ... 3.14.2, 9.9.1, 1((.2.1.2, 10.2.5. 10 3, 11 3 Damages, Claims for _ . 3.18, 4.3.9. 6. 1 .1 , 62.5, 8.3.2, 9.5.1 .2, 10.1 .4 Damages for Delay 6.1.1, 8.3.3, 9. 5,16, 9.7 Dare of Commencement of the Work, Definition of 8.1 .2 Date of Substantial Compaction, Definition of 8.1 .3 Day, Definition of 8.1.4 Decisions of the Architect 4 .2.6,4.2.7,4.2,11,4.2.12,4.2.13, 4.3.2, 4.3.6, 4.4, 4.4.4, 4 5, 63, 7.3.6, 7 3.8, 8, 1.3, 8.3.1, 92, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification ...... .. 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 23, 2.4, 3.5.1, 4.2.1, 4.26, 4,3.5, 9.5.2. 9.8,2, 9.9 1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of 3.5.1 Definitions . _ . , , . 1 . 1 , 2 . 1 . 1 , 3 . 1 , 3 . 5 . 1 , 3 . 1 2 . 1 , 3.12.2, 3, 12.3, 4.1.1 , 4 . 3 , 1 , 5 1, 6.12, 7.2.1, 7.3 1, 7.3,6, 8.1, 91, 9.8.1 Delays and Extensions of Time .. .... 4.3. l , 43.8.1, 4.3.8.2, 6.1.1, 6.2.3, 7.2.1, 7.3.1, 7.3,4, 7.3.5, 7.3.8, 7,3 9, 8.1.1, 8.3, 10,3.1, 14.1.1.4 Disputes 4.1.4, 4.3, 4,4, 4.5, 6.2.5, 6.3, 7.3.8, 9.3.12 Documents and Samples at the Site .. - . .......... . .... 3.11 Drawings, Definition of 1,1,5 Drawings and Specifications, Use and Ownership of,, . 1.1.1, 1.3, 2.2.5,311,9,3 Duty to Review Contract Documents and Field Conditions 3.2 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies . _ . . ................... . 4.3.7, 10.3 Employees, Contractor's 3432, 3.4.2, 3.8.1, 3.9, 3. 18.1, 3.18.2, 4.2.3, 4.2.6, 8 12, 10.2, 10.3, 11.1.1, 142,1,1 Equipment, Labor, Materials and 1.1.3, 1,! 6, 3,4, 35.1, 38.2, 3.12.3, 3.12.7, 3,12.11, 3.13, 3.15.1, 4.2,7, 6.2.1 ,7.3.6,9.3.2,93.3,11.3,122,4,14 Execution and Progress of the Work .. 1,13, 12.3, 3.2, 3,4.1, 3.5.1, 4.2.2, 4.23, 4.3.4, 4.3.8, 62.2, 7.1.3, 7.3.9, 8.2, 8.3. 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents 1.2, 3.7.1 Extensions of Time .... ..... . 4.3,1, 4.3,8, 7.2.1.3, 83, 10.3.1 Failure of Payment by Contractor 9.5.1.3, 14.2.1.2 Failure of Payment by Owner 4.3.7, 9.7. 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 4.32, 4.3.5, 9.10, 11.1.2, 11,1.3, 11.35,12.3.1,137 Financial Arrangements, Owner's Fire and Extended Coverage Insurance 11_3 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10.1, 102.4 Identification of Contract Documents 1.2.1 Identification of Subeontr,cro•s and Suppliers 5.2.1 Indemnification 3 . 1 7 , 3 . 1 8 , 9 . 1 0 . 2 , 1 0 . 1 , 4 , 1 1 . 3 . 1 , 2 , 1 1 . 3 . 7 Information and Services Required 01 the Owner 2.12, 2.2, 4.3.4, 6.1.3, 6.1.4, 6 2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, 9.10.3, 10.144,112,11.3,13.5.1, 13.5.2 njury or Damage to Person or Property 4.3.9 nspections 3.3.3, 3.3.4, 3.7.1, 4 2.2, 4.26, 42.9, 4.36, 9.4.2, 9.81, 9.9.2, 3.10.1, 13.5 nstrucnons to ll dd rs 1.1 .1 Ostructions to the Contractor . ... 3.8.1 .8 2.1 12.1. 13.52 nsurance 1.39. 6 7.3.6.4, ).3 9.8.2, 9.9.1, 9.10.2, 11 nsurance, Boiler and Machinery 11.3.2 nsurance, Contractor's Liability 11.1 nsurance, Effective Date of 82 2, 11.12 nsurance, 1.056 of Use 1 1„3.3 nsurance, Owner's Liability 11.2 nsurance, Property 10.2.5, 11.3 nsurance, Stored Materi'0s 9.3.2, 1 1.3.1 4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy .. 9.9.1, 11 3.11 Insurance Companies, Settlement with 11 .3.10 Intent of the Contract Documents ...... 1.2 3, 3.12.5, 4.2.6, 4.2.7, 4.2.12. 4,2.13, 7.4 Interest 13.6 Interpretation 1.2,5, 1.4, 1.5, 4.1.1, 4.3.1, 5.1, 6.1.2, 8 1.4 • Interpretations, Written 42.1 I, 4.2.12, 4.3.7 Joinder and Consolidation of Claims Required 4.5.6 Judgment on Final Award 4.5.1, 4.5.4.1, 4.5.7 Labor and Materials, Equipment _ .. 1.1.3, 1.1.6, 3.4, 35,1, 38.2, 3.12.2 , 312.3 , 3.127,3,12.!!, 3, 13, 3.15.1, 4.2.7, 6.2.1, 736, 93.2, 9.3.3, 12.2,4, 14 Labor Disputes .............................. ...... 8.3.1 Laws and Regulations 1.3, 36, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7, 9.9.1,10.22,11.1,11.3,13.1, 13.4, 13.5.1, 13.5.2, 13.6 Liens 2.12,4.3.2,1. 5.1,8.2.2,9.3.3,9.10.2 Limitation on Consolidation or Joinder 4.5.5 Limitations, Statutes of 45,4.2, 12.26, 13.7 Limitations of Authority .... ... ...... 33.1, 4.1.2, 4.2.1, 4.2.3, 4.2.7, 42.10, 52.2, 5.2.4, 7.4, 113,10 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200(16 A201 -1987 3 Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, 10.1.4, [0.2.5, 11.1.2, 11.2.1, 11.3.7, 13.4.2, 13.5_2 Limitations of Time, General 2.2,1, 2.2.4, 3.2.1, 3.7.3, 3.8,2, 3.10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, . 4.3.3, 4.3- 4,4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.5, 9.62, 9.8, 9.9, 9.10, 11.1.3, 11.3.1, 11.3.2, 11 - .3.5, 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7 Limitations of Time, Specific .. .. . 21.2, 22,1, 2.4, 3.10, 3.11, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5 4, 7.3.5, 7.3.9, 8.2, 9.2,93.1,933,9.4.1,9.6.1 ,9.7,9.8.2,9.10.2,11.13,11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Loss of Use Insurance 11.3.3 Material Suppliers 13.1, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3.1, 9.3.42, 9.3.3, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous 10. 1, 10. Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2,3.12.3,3,12.7,3 .12.11,3.13,3.15.1,4.2.7,6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 4.2.3, 4.2.7, 9.4.2 Minor Changes in the Work .. .... 1.1.1, 4 2,8, 4.3 7, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifiev_ Lions m the Contract 1.1.1, 1.12, 3.73, 3. 11, 4.1.2, 4.2.1, 5.2.3, 7, 83.1, 9.7 Mutual Responsibility .... _ .. ............ . _ . .. 6.2 Nonconforming Work, Acceptance of 12.3 Nonconforming Work, Rejection and Correction of - - 23.1, - 4.3.5, 9.5.2, 9,8,2, 12, 13.7.1.3 Notice 2.3, 2.4, 3 . 2 . 1 , 3.2. -', 3.7.3, 3.7 1, 3.9, 3.12 8, 3.12.9, 167,4374.4.4, 4.5, 5.2.1, 53, 5.-4.1.1, 8.2.2, 9.4J, 9.5.1, 9.61. 9.7, 9.1(1, 10.1.2, 10.2.6, 11.1.3, 1 13, 12.22, 12.. - 2.4, 1 3.3, 13.5.1. 13.5.2, 14 Notice, Written ... .. .. 2.3, 2.4. 3.9, 3.12.8, 3 129, 43, 1.7.4, 1.5, 5.2.1. 5.5. 5.i_I.1, 8.2.2, 9.4.1, 5.5.1, 9.7, 9.10, 10.1.2, 10.2.6 11.1 3, 11.3. 12.2.2. 132.4, 13.3, 13.5.2, 14 Notice (1')c;ting and Inspections 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Notices, Permits, Fees and _ 2 3.3.7, 3.13 7.3.6.4, 10 Observations, Arch au s 00 -Sit, 4.2. 2,1.2.5, 1.3.6, 9.4.2, 9.5.1, 9.10.1, 13.5 Observations, Contractor's 1.2.2, 3.2.2 Occupancy 966, 9.81, 9.9, 11.3.11 On -Site Inspections by the Architect 9.4.2, 9.8.2, 9.9.2, 9,10.1 On -Site Observations by the Architect 4.2.2 4.2.5 4.3.6 9.4.2, 9.5.1, 9.10,1, 13.5 Orders, Written 2.5, 3.9, 43.7, 7, 8.2.2, 11.3.9, 12.1, 1'2 2, 13.5.2. 14.3.1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the . , . , 2.1.2, 2.2, 4.3.1, 6, 9, 10.1.4, 11.2, 11.3, 13.5.1, 14.1.1.5, 14.1,3 Owner's Authority 3.8.1, 4.1.3, 4.2.9, 5,2,1, 5.2.4, 5.4.1, 7.3.1, 8.2.2, 9.3.1, 9.32, 11.4.1, 12.2.4, 13.5.2, 14.2, 143.1 Owner's Financial Capability ..... ..... . . 2.2.1, 14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.3.3 Owner's Relationship with Subcontractors 1.1.2, 5.2.1, 5.4 1, 9.6.4 Owners Right to Carry Out the Work 2.4,12.2.4,14.2.2.2 Owner's Right to Clean Up .......................... .. 6.3 Owner's Right to Perform Construction and to Award Separate Contracts ..... ........... 6.1 Owner's Right to Stop the Work 2.3, 4.3.7 Owner's Right to Suspend the Work ..... ... . . ..... . .. 14.3 Owner's (light to Terminate the Contract 14.2 Ownerehlp and Use of Architect's Drawings, Specltications and Other Documents 1.1.1, 1.3, 2.2.5, 5.3 Partial Occupancy or Use 9,6 6, 9.9, 1133,11 Patching, Cutting and 3.14, 6.2.6 Patents, Royalties and 3.17 Payment, Applications for 4.2.5, 92, 9.3, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Payment, Certificates for , 4,2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1,9.6.6,9.7.1,9.8.3,9 .10.1,9.10.3,13.7,14.1.13,14.2.4 Payment, Failure of 4.3.7, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 4.3.2, 4.3.5, 9.10, 11,1 ,2, 11.1.3, 11.3.5, 12.3.1 Payment Bond, Performance Bond and ., ..... .. 7.3.6.4, 9.11) 3, II 3.9, 11.4 Payments, Progress --- - - - -- - -- - -- -- --- 4.3.4 9.83, 9.10.3, 13$ 14.2.3 PAYMENTS AND COMPLETION 9, 14 Payments to ,Subcontractors 5.1.2, 9.5.1.3, 9.62, 9.6.3, 9.6.4 11.3.8, 14.2.1.2' - P( 10.1 Performance Mond and Payment Mond 9.10.3, 11 3 9, 11.4 Permits, Fees and Notices 2 2.3, 3.7, 313, 7.3.6.4, 10 2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl - - - .. .. , . , 1((.1 Product Date, Definition of 3.122 Product Data and Samples, Shop Drawings ... 3. I 1 , 3 12, ;4.2.7 Progress and Completion 4. _ 1, 4.3. - 8.2 Progress Payments . ...... 43.4, 9.3, 9.6, 9.8.3. 9.10.3, 13 6, 14.2.3 Project, De rinitian of thr 1.1.4 Project Manual, Deliniu,m of me .. .... .. . 1.1.7 1'rojeei Mantas - - - - - - _ Project Representatives Property Insurance ..... 10.2.5, 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and l s - -- .. 1.3,363.7,3.13 -1.1.1, 4.5.5, 45 10.2.2, 11.1, 11.3. 114 13 •L (3.5.1, 13.5.2, 13.6, la Rejection of Work . 3.5.1. 4.2.6, 122 Releases of Waivers and Liens 9 10 2 Representations 1.2.2, 3.4.1, 3.12.7, 6.2 2 , 8 2 , 1 , 9.3.3, 9.4 2, 9.5.1, 9.8.2, 9.10.1 Representatives 2 1 1 3.1.1, 3.9, 4.1.1, 4.2.1, 22.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes .. _ _ ..... 4.4, 4.5 Responsibility for Those Performing the Work 1.2.3, 6.1.3, 6.2, 10 Retainage 9.3.1, 5.6.2, 9.8.3, 9.9.1, 9.10.2, 9.1 0.3 Review of Contract Documents and Field Conditions by Contractor 11.2, 3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner and Architect ........... .. 3.13.1,3.10.2,3.11,3.12, 4.2.7, 4.2.9, 5.2.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Dam and Samples by Contractor 3.12.5 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5.1, 315.2, 4 . 2 6 , 4 . 3 . 6 , - [ . 5 , 5 3 , 6 . L 6 . 3 , 7 3 1 , 6 3 . ! , 9 . 5 . ! , 9 . 7 , ! 0 2 5 , 10,3, 122.2, 12.2.4, 13.4, 14 Royalties and Patents 3.17 AIAdOCUMENT A201 • GENERAL CONDITIONS 01' THE CONTRACT FOR CONSTRUCTIO5 • FOURTEENTH EDITION 4 A201 -1987 AIA'• •©1987 TILE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK 00)15)IE, N.W., WASHINGTON, D.C. 20006 Rules and Notices for Arbitration 4.5.2 Safety of Persons and Property 10.2 Safety Precautions and Programs .. _ . ...... 4.2.3, 4.2 7, 10.1 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and .. 3.11, 3 12, 4.2.7 Samples at the Site, Documents and - 3.11 Schedule of Values 9.2, 9. 3. Schedules, Construction . . . .. . . . . .... . . . .. ....... 3.10 Separate Contracts and Contractors . .... . .. 1.1.4, 3.14.2, 4.2.4, 4.5.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, Definition of ................... 3 .12.1 Shop Drawings, Product Data and Samples .. .. 3.11, 3.12, 4.2.7 Site, Use of 3.13,6.1,1, Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9, 4.3.6, 9.8.2, 9.10,1, 13.5 Site Visits, Architect's ... ........... 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9.5.1, 9.8 2, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1, 1.1.6, 1,1.7, 1.2.4, 1.3, 3.11 Statutes of Limitations .......... . ... .. 4.5.4.2, 12.2.6, 13.7 Stopping the Work.... ..... . 2.3, 4.3.7, 9.7, 10.1.2, 103, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 1 1 3 "1.4, 12.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 12A, 3.32, 3.12.1, 42.3, 5.3, 5.4 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6 2, 9.6.3, 9.6.4, 1(1.2.1, 11.37, 11.3.8, 14.1.1, 14.2.1,2, 14.3.2 Submittals 1 . 3 , 3.2.3, 3 . 1 0 , 3.1 1, 3.12, 4.2.7, 5.2.1, 5.2, 3, 7.3.6, 9.2, 9 3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1 2, 11.1.3 Subrogation, Waivers of ......... . . ... 6:1.1, 11.3.5, 11.3.7 _Substantial Completion 4.2.9, 4.3.5.2. 8.1.1, 8.13, 82.3, 9.8, 99.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors ...... ... . ....... 5 2 3, 5.2.4 Substitution of the Architect Substitutions of Merl its 3.5.1 Sub - subcontractor, Definition of 5.12 Subsurface Conditions .1 3,6 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.4, 3.3, 3.4, 4.2.3, 4.3.4, 6.13, 6,2,4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 - Surety 4.4.1, 4.4.4, 5.4.1.2, 9 "10.2, 9.10.3, 14.2,2 Surety, Consent of 9.9.1, 9.102, 9.103 Surveys..,......, .......... ... ......... 2.2.2, 3.18.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work .... ....... 4.3.7, 5.4.2, 14,11 4, 14.3 Suspension or Termination of the Contract .. _ .. 4.3.7, 5.4 1.1, 14 Taxes ... ............................... . 3.6, 7.3.6.4 Termination by the Contractor 14.1 Termination by the Owner for Cause 5.4.1.1, 14.2 Termination of the Architect .. ...... . .....:... . 4.1.3 Termination ofthe Contractor 74.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2,1,13.5 TIME 8 Time, Delays and Extensions of ......... .... 4.3.8, 7.2.1, 8.3 Time Limits, Specific .... .... 2.I 2, 2.2.1, 2.4, 3.10, 3 11, 3.15.1, 4.2.1, 4,2.1 1, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 92, 9.3.1, 9.3.3, 9.4.1, 9.6, 1, 97, 9.8.2, 9.10.2, 11.1.3, 1 1 .3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Time Limits on Claims .... .... 4.3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Tide to Work 93.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.6, 83.1, 10.1 11n Prices 7.1.4, 7.3.3.2 Use of Documents 1.1.1,1.3,2.2.5,3.12.7,5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims: Final Payment . ......... 4.3.5, 4.5.1, 9.103 Waiver of Claims by the Architect 13.42 Waiver of Claims by the Contractor 9.10.4,11.3.7,13,4,2 Waiver of Claims by the Owner ... _ ..... _ .. 4.3.5, 4.5.1, 9.9.3, 9.10.3, fl .3.3, 11.3.5, 11.3.7, 13.4.2 Waiver of Liens 9.10.2 Waivers of Subrogation 6.1.1, 11.3.5, 113.7 Warranty and Warranties 3.5, 4.2.9, 4.3.5.3, 93.3, 9.8.2, 9.9.1, 12 2.2, 13 "7.1.3 Weather Delays 4.3.82 When Arbitration May Be Demanded 4.5.4 Wort.. Definition of 1.1.3 Written Consent 1.3 "1, 3.12.8, 3.142.'1.1.2. 5.34, 4.5.5, 9.32, 98.2, 9 9.1, 9.10.2, 9.10.3, 10.12, 10.1.3 11 3.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Written Interpretations • .1,2 .1 1 , 4.2.12, 4.3.7 Written Notice 2.3, 2.4, 3.9, 3 "12.8, 3.12,9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1 1, 8.22, 9.4.1. 9.5.1, 9.7, 9.1(1, 10.1.2, 10.2.6, 11.1 3, 11.3, 12 2.2, 12.2.4, 13.3, 13.5.2, 14 Written orders 7, 8.2,2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 MA DOCUMENT 4201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 A201 -1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, instructions to Bidders, sample forms, the Contractor's hid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Con - tract may he amended or modified only by a Modification. The Contract Documents shalt not be construed to create a contrac- tual relationship of any kind (I) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - suhcontraCtor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to he provided by the Contractor to fulfill the Contractor's ohhgations. The Work may constitute the whole or a part of the Project, 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials,equip- ment, construction systems, standards and workmanship for the Work, and performance of related services_ 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled forthc Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall he signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to he per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is required by one shall be as binding as if required by all; performance by the Contractor shalt he required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work co be performed by any trade. - 1.2.5 Unless otherwise stated in the Contract Documents, words which have well -known technical or construction indus- try meanings are used in the Contract Documents in accord- ante with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS • 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor.or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall he returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other'proj- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 6 A201 -1987 AIM' •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub- subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect Submittal or distribution co meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Suhpara- graphs and Clauses in the document or (3) the titles of ocher documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner' means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REOUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract, [Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement, the prospective contractor would not be required to execute the Agreement or to commence the Work] 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site Of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assess- ments and charges required for construction, use or occupancy • of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2,6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 1 I (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails [o correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to 0101) the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6,1 3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven -day period a1101 receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-clay period give the Contractor a second written notice 10 correct such deficiencies within a second seven -clay period. If the Contractor within such second seven - clay period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such CaSC an appropriate Change Order shall be issued deducting from payments then or thereafter clue the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA. • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 201106 ARTICLE 3 CONTRACTOR A201 -1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with - information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents withour•such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. - 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall he reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the -Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contactor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contactor shall n be relieved of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required Or perforated by persons other than the Contractor. 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine drat such portions ore in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required -by the Architect. the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con - tractor,which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which arc legally required when bids are received or nego- tiations concltided. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public :wdiorities bearing on performance of the Work_ • 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contact Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect- and Owner, the Contractor shall assume full responsibility for such Work and shall hear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: - .1 materials and equipment under an allowance shall be selected Promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 8 A201 -1987 AIA. •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance. amounts shall be included in the Contract Suns and • not in the allowances; • - .4 whenever costs are more than or less than allowances,' the Contract Sum shall be adjusted accordingly by Change Order. The :amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT • 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTORS CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work, The schedule shall not exceed time limits current under the Contract Documents, shall he revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cabie execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall he available to the Architect and shall he delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor pr a Subcontractor, Sub - subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, - instructions, brochures, diagrams and ocher information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards . by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. 'fhe purpose of their sub- mittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the infomtation given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be retumed without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not he relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation_ The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in whiting or on resubmitted Shop Drawings, Product Data, Sampics or similar, submittals, to revisions other than those requested by the Architect on previous submittals, 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AtA DOCUMENT 9 87 THE AMERICAN INSTITUTE OFF ARCHITECTS, CTS, CONTRACT 3 EW YORK AVENUF,, N WN WASH D.C. 20006 THE A201 -1987 9 Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3:15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materiaLs or rubbish caused by operations under the Contract, At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct ofa particular manufacturer or manufacturers is required by the Contract Documents, I lowever, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, he Contractor shall indemnify and hold harmless the Owner, Architect, Archi- teci s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to att rneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not he construed to negate, abridge, Or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Archi- tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs orspecifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1,2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect. 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 shall be subject to arbitration. 4.2 ARCHITECTS ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described in Para- graph 122. The Architect will advise and consult with the Owner. The Architect will have authorn y to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction 10 become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indicat- ing that the Work, when completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Con- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 10 A201 -1987 AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D. C. 20005 tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating •Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through :the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor, Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due. the contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or 'advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will he taken with such reason - able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architects professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3 -5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Col - act and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying AIA DOCUMENT A201 • GENERAL CONDITIONS OF -THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA •©1987 THE AMERICAN INSTITUTE OF ARCHITEC'T'S, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance 'under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice_ The responsibility to substantiate Claims shall rest with the party making the Claim, 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall he referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (I) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. A201 -1987 11 4.3.4 Condnulng Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: - .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. ' 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (I) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in - construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other patty promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site arc not materially different from those indicated in the Contract Documents and that no change in the terns of the Contract i5 justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must he made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims rclai ing. to an emergency endangering life or property arising under Para- graph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) it writ- ten order fora minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall he given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions .-had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such parry is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other parry to investigate the matter. If a Claim for addi- tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare Or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the party making the Clain shall, within ten days after the Architect's preliminary response, take one or more of the following actions, (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 1f a Clairn has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven clays, which decision shall be final and binding on the parties but subject to arbitration. llpon expiration of such rime period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Suns or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising Out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 12 A201 -1987 AIA' •©7987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N VE., WASHINGTON. D. C. 20006 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with'the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Noticeof demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3,2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Archirect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5 -1 and 4.5.4 and Clause 4 -5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13,7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, - Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arhitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5' SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor_ The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub- subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term 'Sub - subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the kidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Archirect the names of persons or enti- ties (including those who arc to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion Of the Work. The Architect will promptly reply to the Con- tractor in writing staring whether or not the Owner or the Architect, after due investigation, has reasonable objection tat any such proposed person or entity, Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection, 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall he allowed for such change unless the Contractor has acted promptly and responsively in .submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. ALA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 A201 -1987 13 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which may he at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided than .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 If the Work has been suspended kir more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the.Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents. 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractbr shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply. to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents, 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with •that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects nor then reasonably discoverable. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted constmetion or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall he sub- ject to the provisions of Paragraph 4.3 provided the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor., separate con- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 14 A201 -1987 AIA. •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract; by Change Order, Construction Change Directive or order fora minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in thc Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. • 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: - .1 a change in the Work; .2 the amount of the adjusunent in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Suns may include those listed in Subparagraph 7,3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- - age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction : Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's . agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall he recorded as a Change Order. • 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall he determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in thc Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or cusuan, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; - .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office person- _ nel directly attributable to the change. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA • 31987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. NW., WASHINGTON, D.C. 20055 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may he included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work pr substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if ;my, with respect to that change. - 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon thc adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. A201 -1987 15 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract. Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. 8.1 DEFINITIONS' 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. _ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined_ 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in Elie Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is 0 reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the Si te or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period( before commencing the Work to permit the timely filing of mortgages, mechanic's liens and odor securiy interests, 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. - 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner Or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. 16 A201 -1987 ARTICLE 8 TIME ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup- ported by such data to substantiate its accuracy.as the Architect may require. This schedule, unless objected to by die Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed M accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included 01 Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall he made on account of materials and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's tide to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9,4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20008 1 1 1 1 1 1 1 1 1 1 1 1 1 i Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1, - 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated' and that, to the best of the Architects knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DEGSIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the • Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make.such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of, .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable tiling of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub - subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall he extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, which shall be accomplished as provided in Article 7. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201 -1987 17 1 1 1 1 ' nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance I with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for I another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- I stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list I accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- ' tion. The Certificate of Substantial Completion shall be sub- mined to the. Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. I 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- don thereof a provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may Occupy or use any completed or par- ' tially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 113.1 1.and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether Or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance,and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list 10 the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- I pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by wrirtcn agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect, 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND, FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make ' 18 A201 - 1987 such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled co final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not he cancelled or allowed to expire until at least 30 - days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not he renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment t and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made. the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work. final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety ro payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment_ Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA® • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1 1 1 1 1 1 1 1 1 1 1 ARTICLE 10 • PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has 001 been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition uI the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not Ise required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCP). 10.1.4 1'o the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is ashestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether ar not such claim, damage, loss or expense is caused in part by a parry indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations Of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, - whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1 .2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may he liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and riot attributable to the fault Or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 l'hc Contractor shall 001 load or permit any part of the construction or site to be loaded so as to endanger itS safety. • 10.3 EMERGENCIES 10.3.1 111 an emergency affecting Safety of persona or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of titnc claimed by the Contractor 011 account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA. •©t987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201 -1987 19 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date cif commencement of the Work until date of final payment and termination of any coverage required to be main- tained after find payment. 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and arc reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9,10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self - protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance 00105.5 specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Work. 11.3.1.1 Property insurance shall he on an all -risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false - work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not he required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the- Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- nmcnls, this property insurance shall cover portions of the Work stored off thr site after written approval of the Owner at the valuC established in the approval, and also portions of the Work in tranSlt, - 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will - insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses clue to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change. Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 20 A201 -1987 AIA. •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W „ WASHINGTON, D.C. 20006 1 I 1 1 11.3.5 If during the Project construction period the Owner - insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Wefvers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub .subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub - subcontractors, agents and employees, for damages caused by fire or ocher perils to the extent covered by property insurance obtained pursuant to this Paragraph 11 3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub :subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parries enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall -be effective as to a person or entity even though thar per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and trade payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11 .3.10. The Contractor shalt pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.3.9 If required in writing by a patty in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall he charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such - loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and - settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection he made, arbitrators shall be chosen as provided in Paragraph 4.5. .The Owner as fiduciary shall, in that case, make settlement with. insurers in accordance with directions of such arbitrators, If distribution of insurance proceeds by arbitration Ls required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, • without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations. arising thereunder as stipu- lated in bidding requirements or specifically required in the Conrract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND. CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architects request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractors expense without change in Me Contract Time. 12.1.2 if a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to sec such Work and it ,1:111 be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor .shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or Met Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date AA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT EON CONSTRUCTION • FOURTEENTH EDITION AIA •© 19R7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENGE, MW, WASHINGTON, D.C,20006 A201 -1987 21 for commencement of warranties established under Sub- paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Conn-actor shall correct it - promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. 'Phis period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actual performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able time fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense_ if the Contractor cloes not pray costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written nonce sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby, If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall he reduced by the deficiency. if payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or scparuc contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents, 12.2.6 Nothing contained in this Paragraph 12.2 shalt be con- strued to establish a period of limitation with respect to ocher obligations which the Contractor might have under the Con- tract Documents. Establishment of the time periocl of one year as described in Subparagraph t 2.22 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract. Documents may he sought to be enforced, nor to the time within which proceedings may he commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. • ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located, 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such Other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a .whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall he deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which a was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Doc'u- ments•and rights and remedies available thereunder shall he in addition to and not a 1526(0 0n of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contactor shall Constitute a waiver of a right or Fluty afforded Mein under the Contract, nor .shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may -be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 'tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority. and shall bear ail related costs of tests, inspections and approvals. The Cont ?actor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures, The Owner shall bear costs of tests, inspections or .approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval. not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shalt give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 22 A201 -1987 Alp. • ©I907 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 The Owner shall bear such costs except as provided in Sub- paragraph 13 -5.3. 13.5:3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests; inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the panics may agree upon in writing or, in the absence thereof, ac the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor .1 Before Substantial Completion. As 10 acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to nm :md any alleged cause of actor shall be deemed 10 have accrued in any and ail events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations - shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not lacer than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant dare of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the dace of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12,2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1-.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor; for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; 3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 clays in any 365 -day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above masons exists, Lite Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven Toss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable _overhead, profit and damages. 14.1.3 If the Work is stopped) for a period of 60 days through no 2C1 Of fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Cnntracor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters imixmr- cant 10 the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided. in Subparagraph 14.12. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or hails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents, 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to jus- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA • ©1987 THE AMERICAN INSTITUTE Or ARCHITEC'T'S, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 2006 A201-1987 23 tify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety: .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; - - .2 accept assignment of subcontracts pursuant to Para- graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not • be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the - 24 A201 -1987 3/87 Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent, .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under • another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. MA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION! FOURTEENTH EDITION AIA. •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 SPECIAL CONDITIONS Page 1 These Special Conditions shall be subject to the requirements of the General Conditions of the Contract as well as the Supplementary General Conditions. These Special Conditions shall be used in conjunction there with as a part of the Contract Documents. 1. PERMITS AND REGULATIONS: The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the work of this contract, and shall obtain all permits and pay all fees, licenses, and deposits required by law or ordinance to comply with the work of these specifications. 2. TAXES: The Contractor agrees, as part of his Bid, to assume full responsibility for payment of all Federal, State, and other forms of taxes, including sales tax, social security, old age benefit, unemployment, and income tax withholding. 3. PROTECTION OF MATERIALS• The Contractor shall properly and effectively protect all materials and equipment furnished by him during and after their installation. Materials, Contractor's equipment, etc. may be stored on the premisses, but they shall be stored so as not to interfere with ingress and egresss to other contractors on the site in an area(s) approved by the Owner. Security of the area(s) will be the sole responsibility of the Contractor. 4. PROTECTION OF PUBLIC: The Contractor shall protect others using the site and shall take whatever steps are necessary to save them from harm. He shall erect barricades around all open excavations and equipment. 5. SIGNS: No signs or advertisements will be allowed to be displayed without the approval of the Owner. 6. COOPERATION WITH OTHER CONTRACTORS: The Contractor is reminded that other contractors may be working on the site. He is to cooperate fully with them and conduct his work so as not to interfere with their access to work. 7. WATER FOR WORK: The owner shall provide water from adjacent fire hydrants. Materials and equipment necessary to transfer water to the desired location will be the contractor's responsibility. 10. DIRECTION OF THE WORK: Page 2 8. ELECTRICAL ENERGY: Electrical energy required for construction will be provided by the Contractor. 9. MEASUREMENTS: Before ordering any material or doing any work, each Contractor shall verify all dimensions at the job site and shall be responsible for their accuracy. No extra charge or compensation will be allowed for differences between actual dimensions and those shown on the Drawings. Any difference which may be found shall be submitted to the Landscape Architect before proceeding with the work. A. The Contractor shall be held responsible for the full direction and supervision of all work under this contract and shall give all instructions from the Landscape Architect or Owner to the work forces. B. The Contractor shall have on the job at all times while the work is in progress, a competent superintendent, acceptable to the Landscape Architect and Owner, who shall direct operations and receive instructions in the absence of the Contractor. The superintendent shall coordinate the work of his various subcontractors. 11. DRAWINGS AND SPECIFICATIONS: A. The Contractor shall keep one copy of all drawings and specifications, memoranda and shop drawings at the job at all reasonable times, available to the Owner and the Landscape Architect. B. These specifications and accompanying drawings are to be interpreted according to their full intent, meaning and spirit, whether taken separately or together. Taken together, they shall be deemed mutually to explain each other and to be descriptive of the work to be performed under this contract. Should there be any discrepancy between the drawings and specifications, the drawings shall govern; between the descriptive writings on the drawings and the legend designating the materials,the descriptive writings shall govern. The large -scale details shall be followed in preference to smaller -scale drawings. Page 3 C. Should there be anything shown on the drawings and not described in the specifications or not shown on the drawings and described in the specifications, the same shall be fully executed and carried out as if drawn, shown, or described in both; and the Contractor is not to make anv alterations or corrections on the drawings or in the specifications. Should any error appear, the same is to be referred to the Landscape Architect before the bids are submitted or the work is commenced, or as otherwise specified herein. 12. LAYOUT: The Contractor shall be rsponsible for accurately laying out all work under this contract and setting any necessary control points. All must be approved before work progresses. 13. DAMAGES: The Contractor shall be responsible for damage to the site or improvements thereon, including underground improvements, incurred through his execution of this work, and shall agree to have such damage repaired by a qualified workman. However, the cost of relocation of underground lines shall not be included in this contract, unless specifically noted on the plans or specifications. 14. SUBSTITUTIONS: Should a Contractor wish to substitute a product, he shall submit complete date on his product to the Landscape Architect at least 7 days prior to bid opening. Data submitted shall be complete enough for Landscape Architect to make an appraisal of product, including physical sample if necessary, without extensive research and investigation. Approval of such manufacturer's product shall be in writing and will be given at least 3 days prior to bid opening. Landscape Architect will investigate all such proposals and render final decisions as promptly as possible. Landscape Architect does not bind himself to consider substitutions that will tend to delay ordering of material and hence progress of work. Page 4 15. SAMPLES: Contractor shall submit such samples of materials requested in various technical sections of Specifications for approval of quality, appearance, design, etc. Materials requiring submittted samples shall not be ordered or delivered until said samples are approved by Landscape Architect. 16. COMPLETION REOUIREMENTS: A. Final Inspection: Landscape Architect will make final inspection of work included in Contract as soon as practicable after work is completed and ready for acceptance. If work is not acceptable to Landscape Architect at time of such inspection, he will inform Contractor in writing as to the particular defects before final acceptance will be made. B. Guarantee: Contractor shall guarantee in writing all work performed under Contract for a period of one year from date of acceptance in addition to those items which are guaranteed for longer periods under terms of the Contract. Upon written notice from Landscape Architect or Owner, Contractor shall remedy any defects due to negligence, faulty workmanship or faulty materials within a reasonable time frame agreed upon by both parties. C. After work is completed or substantially complete and before final payment is made, Contractor shall deliver the following applicable items to Owner: 1. Affadavit that all bills chargeable against Contract are paid in the form of waiver or lien. 2. All guarantees, warranties, and /or bonds as required on specific branches of the work including General Contract Guarantee as noted above. 3. Subcontractors and Suppliers List: A complete list of names, addresses and telephone numbers of all subcontractors and suppliers employed on the project shall be provided. Page 5 D. As -Build Drawings: Contractor shall, upon completion of project, furnish to Landscape Architect a complete set of reproducible drawings showing all changes and /or alterations in the work and constituting an "As- Built" set of drawings, whether or not they are covered by an official change order including deviations from all phases of work. This is applicable only to the landscape irrigation system. 17. BID ITEMS /ALTERNATES: General: A. Bidders are required to submit additive and /or deductive amounts to the Bid as described in the Alternates, if Alternates are indicated on the Proposal Form. Failure to submit Alternate amounts in the spaces provided on the Proposal Form shall be basis for disqualification of Bid. B. The successful Bidder shall not modify, withdraw or cancel any of the Bid items or Alternates or any part thereof for 90 days after receipt of bids. C. Contractor shall be responsible for any changes in the Work affected by acceptance of any Alternates. Claims for extras resulting from changes caused by Alternates will not be allowed. D. Refer to Drawings and Technical Specifications sections for items of work affected by Alternates, if Alternates are indicated on the Proposal Form. END OF SPECIAL CONDITIONS PART I GENERAL 1.01 WORK INCLUDED SECTION 02441 LANDSCAPE IRRIGATION SYSTEM Domestic Water Main A. Furnish and install the underground landscape irrigation system including all products, equipment and labor required to complete the system as specified and shown on the Drawings B. System may include, but is not limited to: 1. Installing and testing domestic water main, irrigation lines, backflow prevention assembly ball valves and preparing and providing all fittings, assemblies and the water meter. The City will "drop" the water meter and connect. 1.02 QUALITY ASSURANCE 2. Electrical valves and wiring, valve boxes, controllers, sprinklers, quick couplers, valves and boxes, associated plumbing and electrical work accessories to complete the work. 1.03 APPLICABLE STANDARDS 3. Obtaining and paying for water meter permits, fees, inspections and water quality tests etc. as required for the installation of the domestic water main. A. Perform work in compliance with applicable requirements of governing authorities. B. Electrical Work: Conforming to State of Texas Codes and latest edition of the National Electric Code. A. ASTM D2241 -Poly (Vinyl Chloride) (PVC) Plastic Pipe (SDR -PR). (Irrigation system) 1 B. ASTM 2287 - Flexible PVC. (Irrigation system) C. ASTM D2464 - Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Threaded, Schedule 40. (Irrigation system) D. ASTM D2466 - Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Socket Type, Schedule 40. (Irrigation system) E. AWWA C -900 Class 200 PVC (Domestic Water Lines). F. AWWA C -500, Iron Body Gate Valve. G. AWWA C -110, Cast Iron Fittings. H. ASTM D2564 - Solvent Cements for Poly (Vinyl Chloride) PVC plastic pipe and fittings. I. ASTM D1557 - Standard Test Methods for Moisture - Density Relations of Soils. 1.04 WARRANTY AND GUARANTEE A. Provide a one year warranty against material, installation and operation defects. Repairs, adjustments and replacements of defective irrigation system materials and domestic water main, including materials which have been installed on the work during the warranty period shall be at Contractor's expense. B. Guarantee backfilling of irrigation system excavations and domestic water main for one year after completion of the work. C. At the end of one year after completion of the installation, provide maintenance of the irrigation system, including at least the following: 1. Raise or lower heads to compensate for settling of lawn areas. 2. Clean and adjust heads. 1.05 SUBSTITUTIONS A. Use of materials differing in quality, size or performance from those specified will only 2 be considered upon written approval of Landscape Architect, provided they are submitted at least 10 days prior to bid opening. Landscape Architect's decision will be based on comparative ability of material or article to perform fully all purposes of mechanics, product warranty and general design considered to be possessed by item specified. B. The sprinkler system has been designed specifically for use with equipment, as manufactured by manufacturer noted herein and on the drawings. Pipe sizes have been determined by computation of pressure losses in piping based on consumption and required operating pressure of specified sprinklers. Positioning and placement of sprinklers have also been determined by operating characteristics of specified sprinklers. C. Substitutions of sprinklers of another make will only be approved upon Contractor's submittal of data outlined below to establish that proposed alternate sprinkler will produce equivalent operation and intent of design of specified sprinkler system: 1. Actual samples of each type of sprinkler head proposed. 2. Manufacturer's catalog sheet showing full specifications of each type sprinkler proposed, including discharge in GPM, minimum allowable operating pressure at sprinkler, maximum allowable spacing and distance of throw (coverage). 3. Detailed pressure loss computations based on consumption of proposed sprinkler, if any one of three characteristics in subparagraph 2 above is at variance with specified sprinklers. These pressure loss computations must prove the proposed substitute sprinklers will perform in accordance with intent of designed sprinkler system. (If a design change is required, detailed drawings shall accompany rest for approval of substitute). Detailed pressure loss computation shall encompass the following: 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1.06 TESTING a. A total design pressure is noted on the Drawings. Design pressure is defined as maximum pressure required to overcome ALL pressure losses and leave a residual pressure at sprinkler not less than the manufacturer's specifid minimum pressure requirements. b. Pressure loss computations shall be based on an acceptable table of pressure losses for type and size pipe to be used. A. Perform testing required by specifications under supervision of City Project Manager and the Landscape Architect. Give 48 HOURS NOTICE that such tests are to be conducted. 1.07 CO- ORDINATION c. As pressure loss tables are for straight pipe only, an acceptable allowance shall be made for additional losses incurred in fittings. d. Allowance shall be made for pressure drop through valves based on specifications of manufacturer of each type valve. 4. Approval of substitute sprinkler shall not relieve Contractor of his responsibility to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. A. Anticipate "last minute delays" that may necessitate overtime work to complete the system on schedule. Coordinate irrigation work with other trades on the job site. 1.08 WORK SCHEDULE A. Begin installation of the irrigation system upon notification by the City Project Manager. B. Work shall proceed continuously on the site, 4 with exception of bad weather days, until Project is completed and operable. PART II PRODUCTS 2.01 GENERAL A. Manufacturers: As noted herein and on the drawings. B. Irrigation Sprinkler Mains: Portion of piping from water meter to operating valves. This portion of piping is subject to surges, being a closed portion of sprinkler system. C. Lateral Piping: Portion of piping from operating valve to sprinkler heads. This portion of piping is not subject to surges, being an "open end" portion of the sprinkler system. 2.02 POLYVINYL CHLORIDE PIPE (PVC PIPE) A. PVC Pipe: Manufactured in accordance with standards noted herein. B. Marking and Identification: Continuously and permanently marked PVC pipe with manufacturer's name, pipe size, type of pipe material, SDR number, ASTM standard number and the NSF (National Sanitation Foundation) seal. 2.03 FLEXIBLE PVC NIPPLES A. Composed of Standard Schedule 40 PVC fittings, solvent welded to flexible PVC as manufactured by Spears Corporation, Sylmar, California, or approved equal, and meeting noted standards. B. Conduct the following pressure test: 200 PSI static pressure for 10 minutes and 150 PSI for one hour. Pressure must remain unchanged for the full duration of each test. The City's Representative must be present. C. Nipples for both pop -up heads and shrub risers to be nominal one -half (1/2) inch diameter x five (5) inches long. D. Flexible nipples for gear drive rotary heads to be nominal three - quarter (3/4) inch diameter x twelve (12) inches long. 5 2.04 WIRE A. Minimum of Type OF with 4/64 inch insulation, copper, Underwriter's Laboratory approved for direct burial when used in a National Electrical Code Class II circuit 30 volts AC or less. B. Size valve wire according to lengths between electric source (controller) and irrigation valves. Reference wire sizing chart on plans. 2.05 MATERIALS A. FITTINGS: (IRRIGATION SYSTEM) Manufacturer Model Number Description Hunter I -20 Series gear drive rotary sprinkler Hunter I -25 Series gear drive rotary sprinkler Rainbird 1800 Series Pop -Up Sprinkler with MPR plastic nozzles Richdel 200 Series electric remote control valve, Globe style w /valve box Rainbird 3RC IRRI -TROL Rainbird Raincheck Automatic rain cutoff device Febco 805Y 2" double check double ball valve assembly Spears True Union Ball valve, PVC, and single ASTM IPS sized per entry location 6 quick coupler valve provide one 33K valve key and one swivel hose ell DIAL 7AB DIAL 18AB automatic controller wall mounted PART III EXECUTION 3.01 GENERAL Ametek Ametek 190101 vault 192101 cover City of Austin Snap -Tite B. PVC Irrigation Pipe: 10" dia. valve box and cover Jumbo Box for Backflow assembly Standard water meter vault w /cover wire connectors 1. Domestic water line: Schedule 40 PVC 2. All irrigation piping: Class 200, except 1/2 inch, which shall be Class 315. A. Verify existing and proposed locations of all site utilities (including gas, water, electric, telephone, sanitary and storm sewers) prior to any trenching and laying of pipe. B. Coordinate irrigation work with that of all other sitework trades and contractors, as applicable. C. Exact location and configuration of ballfields, may vary from that shown on Drawings. For discrepancies that cause adjustments to irrigation system, notify the Landscape Architect. D. Piping and head layout is shown in SCHEMATIC FORM ONLY because of scale of drawing. All piping to be installed to provide even distribution of water through pipe layout utilizing central supply concept. 3.02 CONDITION OF THE SITE AND SURFACES A. The Contractor shall make an examination of the site of the proposed work and completely familiarize himself with the nature and extent of the work to be accomplished. No 7 3.03 INSTALLATION extra compensation will be allowed for any work made necessary by unusual conditions or obstacles encountered during the progress of the work. B. Verify existing surface conditions and subsurface conditions fully. C. Irrigation contractor shall not begin the installation of pipe until water is made available in the 8" water line, for testing and flushing of lines. D. Upon completion of irrigation equipment installation, return the area to a condition equal to or better than its condition prior to installation. Establishment of turf is not required. A. General: 1. Piping layout shall be according to Drawings. In the event of a piping layout conflict, notify and obtain approval of the Landscape Architect prior to trenching. 2. Refer to Drawings for location of existing 8" domestic water source. B. Excavations: 1. All excavations shall be unclassified. Trenches shall be a minimum of 6 inches wide per details and to the depth required as noted herein. 2. Over - excavation shall be backfilled with cushion sand at the Contractor's expense. Remove all unsuitable or excess material from the site. 3. Dewater excavations as required for dry work, including both surface and ground water. 4. Trenches shall have sides as nearly vertical as possible and bottoms shall be shaped to provide continuous bedding of each section of pipe along its entire 8 length in undisturbed soil or thoroughly compacted fill. C. Backfill in Landscape Areas: 1. Backfill irrigation trenches with material removed during excavation, except where rock is encountered. In this case the pipe shall be laid in a cushion sand bed surrounding the pipe a minimum of 3" of cover. Domestic water main to be laid in a continuous sand bed with a minimum of 3" of sand cover on all sides. 3.04 PIPE INSTALLATION 2. Compact and water - settle all excavation to prevent after settling. Hand rake excavation areas and adjoining areas to leave grade at the previous elevation and in as good or better condition than before installation. A. Pipe installation includes all domestic water main and irrigation piping required for water and electrical wiring to complete the automatic irrigation system. B. Irrigation contractor shall have licensed plumber install and provide testing of the domestic water main. C. Stake location of domestic water main, meter, master valve, backflow prevention assembly, and irrigation lines to electric valves for field verification by the landscape architect prior to installation. D. General: Provide firm, uniform bearing for entire length of each pipeline to prevent uneven settlement. Wedging or blocking of pipe will not be permitted. Remove foreign matter or dirt from inside of pipe before welding and keep piping clean by approved means during and after laying of pipe. E. Thrust blocks shall be used on piping 3" diameter and larger. Thrust blocks are located at each change in direction. F. Depth of Piping: 1. Domestic water main shall be a minimum 9 of 18" inches deep from finished grade to top of pipe, unless specifically noted otherwise. 2. All irrigation piping shall be a minimum of 12 inches deep from finished grade to top of pipe. 3.05 PVC PIPE AND FITTING ASSEMBLY A. Solvent: Use only solvent recommended by manufacturer to make solvent welded joints. Thoroughly clean pipe and fittings of dirt, dust and moisture before applying solvent. 3.06 SPRINKLERS B. PVC to Metal Connection: Work metal connections first. Use non - hardening pipe dope (Permatex No. 2) on threaded PVC to metal joints. Use only light wrench pressure. C. Threaded PVC Connection: Where required, use threaded PVC adapters into which pipe may be welded. A. General: 1. Supply in accordance with Materials List, with nozzling in accordance with Drawings. Revise nozzle degree as directed by Landscape Architect if wind conditions affect coverage. 2. Before installation is started, place a stake where each sprinkler is to be located, in accordance with the drawings, and as recommended by the manufacturer. Anticipate minor revisions to configuration of field layouts and adjust head layout and " nozzel size accordingly. 3. Notify Landscape Architect of major revisions. Staking shall be approved by Landscape Architect before proceeding. B. Pop -up Spray Heads: Attach sprinkler to lateral piping with a 6 inch long flexible PVC pipe with 1/2 inch SXMIP adapters on each end. Set base flush with finished grade. 1 0 3.10 WIRING C. Gear Driven Rotary Sprinklers: Attach sprinkler to lateral piping with a 12 inch long flexible PVC pipe with 3/4" SXMIP adapters on each end. Install flexible nipple in a horizontal manner with ell at base of sprinkler. Set top of sprinkler flush with finish grade. 3.07 ELECTRIC REMOTE CONTROL VALVES A. Supply in accordance with the Materials List and sized as shown on Drawings. B. Install in a level position, according to the manufacturer's recommendations and the detailed Drawings. C. The manufacturer's specifications and installation instruction for the valve supplied shall become a part of these specifications. D. Set all valves in a straight line 2 " -0" from chainlink fences, adjacent to fences, outside of ballfields. Verify locations with Landscape Architect. 3.08 VALVE BOXES A. Sized as specified in the Materials List, set flush with finish grade and set over all electric and gate valves. 3.09 GRAVEL BACKFILL IN VALVE BOXES AND VAULTS A. Excavate under quick coupling valve backflow assembly, all valve boxes at manual, and electric valve locations and provide a minimum 4" layer of clean, washed pea gravel in the bottom of all boxes. Gravel backfill shall not cover valves. A. Install electric control wires in the piping trenches wherever possible. Place wire in trench to one side of pipe. Install wire with as much slack as possible to allow for expansion and contraction of the wire. Expansion joints in wire may be provided at 20 foot intervals by making 5 -6 turns of the wire around a piece of 1/2 inch pipe in lieu of slack. Where it is necessary to run wire 11 in a separate trench, wire shall have a minimum cover of 12 inches. B. Provide sufficient "slack" at site connections at remote control valves, either direct - buried or in control boxes, and at all wire splices so that the valve bonnet or splice may be brought to the surface without disconnecting the wires when repair is required. C. Each remote control valve is to be connected to one station of a controller unless otherwise noted, reference controller A location. All remote control valves, which are to be connected to the same controller, shall be connected to a common ground wire system. Only those remote control valves which are being controlled by one specific controller shall be connected to that controller's common ground wire system. D. All wires shall be tested prior to backfilling to insure continuity from valve location to controller location. Any wire not indicating continuity shall be repaired or replaced immediately. 3.11 ELECTRICAL WIRE CONNECTIONS A. Make wire connection to remote control electric valves and splices of wire in the field, using Snap -Tite wire connectors and sealing cement as follows: 1. Strip ends of wire and push wires through holes of base socket. 2. Twist wires together and mechanically bond together using crimp sleeve and crimp pliers. 3. Insert wire connection into base socket as far as possible. 4. Apply solvent cement to outside of sealing plug and completely fill cavity of sealing plug with solvent cement. 5. Push sealing plug into base socket, using twisting motion, until it bottoms. 6. Push wires down into base plug as far as they will go, without unseating sealing 12 plug, to assure completesealing and waterproofing at the connection. B. Provide tight joints to prevent leakage of water and corrosion build -up on the joint. 3.12 CONTROLLERS) A. Install the specified controller in the location shown on the Drawings, within its own lockable housing. B. Provide rigid conduit from controller down into the floor slab to accommodate valve wires. Access through slab to be provided. C. Pull valve wires, program the controller and put controller in operation. Connect controller to 115V power source, provided by others. D. All valve station numbers shall correspond to those shown on the Drawings. Label controllers as such. 3.13 DOUBLE CHECK BACKFLOW PREVENTION ASSEMBLY A. Install in accordance with city and state regulations and manufacturer's recommendations. Refer to Drawings for location of Backflow Prevention Assembly. B. The manufacturer's specifications and installation instructions for the Backflow Prevention Assembly supplied shall become part of these specifications. 3.14 QUICK COUPLING VALVE AND BOX A. Supply in accordance with the materials list. Set top of box flush with finish grade and top of coupler valve 1" below finish grade. B. Reinforce the valve by driving a #3 reinforcing bar 18" long next to the valve and securing it to the valve with wire. 3.15 DOMESTIC WATER MAIN - Pressure Pipe Hydrostatic Test A. Reference City of Austin Specifications for all standards, requirements and procedures. B. After the pipe has been installed and 13 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 backfilled and all service laterals and other appurtenances installed and connected, a leakage test, followed by a pressure test, will be conducted by the City. The Contractor will be present and shall furnish all necessary pump and gauges for conducting the tests. The specified test pressures will be based on the elevation of the lowest point of the line or section under test. Before applying the specified test pressure, all air shall be expelled from the pipe. If permanent air vents are not located at all high points, the Contractor shall install corporation cocks at such points. 1. Pressure Test The entire project or each valved section shall be tested, at a pressure of 200 psi for a sufficient period (approximately 10 minutes) to discover all leaking or defective materials. Repairs shall be made by the Contractor to correct any leaking or defective materials. 2. Pressure Pipe Leakage Test A leakage test will follow the pressure test and be conducted on the entire project or each valved section. The leakage test shall be at 150 psi for at least 1 hour. Allowable leakage Leakage shall be defined as the quantity of water that must be supplied into any test section of pipe to maintain the specified leakage test pressure (see above, "Pressure Pipe Leakage Test ") after the air in the pipeline has been expelled and the pipe has been filled with water. The allowable leakage shall comply with AWWA C -600 which defines the allowable leakage as: L= SD P 133,200 where L = Leakage in gallons per hour S = Length of pipe in feet D = Diameter (inside) of pipe in inches 14 P = Pressure in pounds per square inch If such testing discloses leakage in excess of this specified allowable, the Contractor, at his expense, shall locate and correct all defects in the pipeline until the leakage is within the indicated allowance. 3.16 STERILIZATION OF DOMESTIC (POTABLE) MAIN WATER LINES The Contractor shall protect all piping materials from contamination during storage, handling and installation. Prior to disinfection, the pipeline interior shall be clean, dry and unobstructed. All dirt, debris, gasket lubricant, etc., shall be washed from the line by swabbing with hypochlorite solution and /or flushing with clean water. City personnel will supervise and direct the overall sterilization procedure. The Contractor, at his expense, shall provide all equipment, supplies, and the necessary labor to perform the sterilization under general supervision of the City. A. Procedure and Dosage All valves shall be arranged to prevent the strong disinfecting dosage from flowing back into the existing water supply piping. The new pipeline shall then be completely filled with disinfecting solution by feeding the concentrated chlorine and approved water from the existing system uniformly into the new piping in such proportions that every part of the line has minimum concentration of 50 parts per million (50 ppm or 50 mg /liter) available chlorine. Unless otherwise indicated, all quantities called for herein refer to measurements by the testing procedures in the current edition of "Standard Methods ". The chlorine concentration of each step in the sterilization procedure shall be verified by chlorine residual determinations. This disinfecting solution shall be retained in the piping for at least 24 hours and all valves, hydrants, etc., shall be operated to disinfect all their parts. After this retention period, the water shall contain no 15 less than 25 parts per million chlorine throughout the treated section of the pipeline. This heavily chlorinated water shall then be carefully flushed from the line until the chlorine concentration is no higher than the residual generally prevailing in the existing distribution system or approximately one part per million. Proper planning and appropriate preparations to handle, dilute and dispose of this strong chlorin solution without causing injury or damage to the public, the water system or the environment must be approved by the City before flushing of the line may begin and the flushing shall be witnessed by an authorized representative of the city. B. Bacteriological Testing After final flushing of the strong disinfecting solution, water samples from the line shall be tested for bacteriological quality by the City and must be found free of conform organisms before the pipeline may be placed in service. One test sample shall be drawn from the end of the main and additional samples collected at intervals of not more than 1000 feet along the pipeline. The Contractor, at his expense, shall install sufficient sampling taps at intervals not to exceed 1000'. Each sampling tap shall consist of a quick coupler "Tee'O" directly off the domestic water main. Samples for bacteriological analysis shall be collected only from suitable sampling taps in sterile bottles treated with sodium thiosulfate. Samples shall not be drawn from hoses, fire hydrants, etc. The City, at its expense, will furnish the sterile sample bottles and may, at its discretion, collect the test samples with City personnel. If the initial disinfection fails to produce acceptable sample tests, the disinfection procedure shall be repeated (without extra compensation) until satisfactory test results have been obtained before the piping may be placed in service. 3.17 TESTING AND FINAL ACCEPTANCE - IRRIGATION SYSTEM 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A. All testing called for in the specifications is to be carried on under the supervision of the Landscape Architect. Provide 48 HOURS NOTICE that such tests are to be conducted. B. Pipe Pressure Test: 1. The sprinkler main shall be tested for a period of no less than sixteen (16) hours under normal water pressure and proved tight. If leaks occur, the joint or joints shall be replaced and the test repeated. 2. All laterals shall be tested for a minimum of 1 hour. C. All tests shall be completed prior to backfilling. However, sufficient backfill material may be placed in trenches between fittings to insure stability of the line under pressure. In all cases, fittings, thrust blocks, and couplings must be open to visual inspection for the full period of the test. D. Correct and repair all leaks and defects. Retest piping prior to backfilling. E. Test all sprinkler heads, joints, valves, controllers for leaks or defects. Correct all discrepancies prior to final adjustments, and final inspection. 3.18 FINAL ADJUSTMENT - IRRIGATION SYSTEM A. After installation has been completed, final adjustment shall be made of sprinkler system preparatory to the Landscape Architect's final inspection. 8. The system shall be completely flushed to remove any and all debris from lines by removing nozzle from all heads on ends of lines and turning on system. C. All sprinklers shall be checked for proper operation and proper alignment for direction of throw. D. Each section of spray heads shall be checked for operating pressure and balanced to all 17 other sections by use of the flow adjustment on top of each valve. E. All nozzling shall be checked for proper coverage. Prevailing wind conditions or landscape arc configuration may indicate that arc or angle of spray should be other than as shown on Drawings. In this case, nozzles shall be changed to provide correct coverage at no additional expense to the Owner. F. Contractor shall confer with the Owner and Landscape Architect prior to setting and adjusting automatic controllers to desired operating times and duration. The operating sequences of the controllers shall not overlap each other unless approved by the Owner. 3.19 AS -BUILT DRAWINGS AND SUBMITTALS 3.20 CLEAN UP A. Provide "as- built" MYLAR REPRODUCIBLE record drawings. The drawings shall indicate all changes in line and sprinkler head locations as well as material substitutions and line sizes. Mylar reproducibles shall be provided by the Owner. B. Furnish the Owner with catalogs, manufacturer's maintenance manuals and applicable warranties for all equipment installed. A. Clean the site daily of trash and debris resulting from construction operations. All walks, roads and circulation routes shall be kept clean and free from debris, material and equipment. B. Upon completion of the work covered by this section, clean up all work areas by removing spoil piles, surplus material and equipment from the site. The ground surface shall be restored to its original condition. End of Section 18 1 Standard Form of Agreement Between Owner and Contractor 1 1 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the twenty- second (22nd) day of December in the year of Nineteen Hundred and eighty -eight (1988) BETWEEN t h e Owner: The City of Round Rock Orame and address) 221 East Main Street Round Rock, Texas 78664 1 and the Contractor: (Name and address) 1 The Project is: (Name and location) Landscape i The Architect s: (Name and address) 1 A M E R I C A N I N S T I T U T E O F A R C H I T E C T S 2 AIA Document A101 where the basis of payment is a STIPULATED SUM 1987 EDITION Phoenix Irrigation, Inc. 1125 -C Regal Row Austin, Texas 78748 Landscape Irrigation Improvements Palm Valley Park - Baseball Complex City of Round Rock, Texas Texas Local Park Fund Project No. 20 -00264 Belanger & Smith Associates, Inc. 712 -C W. 14th Street Austin, Texas 78701 1 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N,W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAe • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Irrigation systems as specified within the "Project Manual ", dated October 10, 1988, Section 02441- Underground Irrigation System /Domestic Water Main, and as per plans, Sheets L1 through L2 dated October 10, 1988, as prepared by Belanger & Smith Associates, Inc. The Unit prices provided by the contractor in his December 5, 1988 Bid Proposal for work to be added or deleted as determined by the Owner shall not be changed or withdrawn from this contract. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the dale of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) DATE OF COMMENCEMENT: TUESDAY, DECEMBER 27, 1988 Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not slated elsewhere in the Contract Documents) Wednesday, March 1, 1989 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert pror isionr, 9 any, for liquidated damages relating to failure to complete on time.) NONE AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • ©[987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 A101 -1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Fifty Four Thousand Two Hundred Seventy Three 00/00 Dollars ($ 54,273.00 7, subject to additions and deductions as provided in the Con- tract Documents, 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 4.3 Unit prices, if any, are as follows: Reference attached bid proposal package prepared and submitted by the contractor December 5, 1988. EXHIBIT "A" AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 A101 -1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be e tt e.,d....dar- tttotstkendiageti-t ie- lztsfday44the -ao lit-e ss- ` °W -sws up to and through the twenty — fifth day of the month. 5.3 Provided an Application for Payment is received by the Architect not later than the twenty — fifth (25th) day of a month, the Owner shall make payment to the Contractor not later than the fifteenth (15th) day of the next mon(h. 4f sw RppNettt ier rfef Payrnettt reeewec1 - by4i Are,yiteetafter -the applisatiea-date- fitted- above, pa) ky tgelkwnesnet..h`=< <*an elaysaf teri he-Arehi tec -l- recetves-he lic -atioa- for- Raymeru. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This Schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of not applicable percent ( NA %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent ( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: ttf**- fi:o.er slrleerkeex-e„rnskli<„+ ieeee e: IG k, re - «.-w,4u « resew,;ny je wo-pexcenlager;xi w uns4tpa ra- 3.5eiabokeeseel -rki .uet <pleinal act nn. , ee , ats.,.isseeehece.NeovuUncluc. , DaBeliwiWtifm.1 All applications for requests shall be via AIA Docuent G702 and Continuation Sheet 0703. All payment requests shall be notarized, and submitted in triplicate. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 A101 -1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Final payment of the entire unpaid balance and all retainage to bring the total compensation to 100% shall be made upon the resolution of all unsettled claims, the final written recommendation by the Landscape Architect and acceptance by the owner. Certificate for final payment shall be accompanied with, AIA Document G704, Certificate of Substantial Completion, AIA Document G702 -A, Contractor Release of Liens. All documents shall be notarized and submitted in triplicate. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents, 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) NONE (Usury laws and requirements under the Federal Truth in Lending Act, .similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: NONE ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dared August 1976 , and are as follows Document Title Pages REFERENCE ATTACHED EXHIBIT "B ", PROJECT MANUAL, DATED OCTOBER 10, 1988. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exbibtt attached to this Agreement.) Section Title Pages REFERENCE ATTACHED EXHIBIT "B ", PROJECT MANUAL, DATED OCTOBER 10, 1988. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1 735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 A101 -1987 6 9.1.5 The Drawings are as follows, and are dated (Eitber fist We Drawings here or refer to an exhibit attached to this Agreement.) Number Title L1 Domestic Water Line & Landscape Irrigation Improvements October 10, 1988 L2 Landscape Irrigation System October 10, 1988 9.1.6 The Addenda, if any, are as follows: Number One Date Pages November 28, 1988 one of one Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAn • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 unless a different date is shown below: Date A101 -1987 7 • 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid instructions to Bidders, sample forms and the Contractor's bid are not part of ibe Contract Documents unless enumerated in ibis Agreement. They should be listed here only !J' intended to be part of the Contract Documents) The Irrigation Contractor shall provide as built plans for the irrigation system and Domestic Water Main to the Landscape Architect prior to requesting Final Payment. The Landscape Architect shall provide reproducibles to the Contractor to prepare as built plans. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contra r, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. DATE: az DATE: l Z / I `j 8'8 OWNER: City of Round Rock, Texas CONTRACTOR: Phoe. Irrigation, Inc. (Signal (printed name and title) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20006 J0+4 . t q `> SS's 1 (Printed name and title) A101 -1987 8 Mr. Bob Belanger c/o Phoenix Irrigation Incorporated 1125 C Regal Row Austin, Texas 78748 Mr. Belanger: This letter is to confirm that Abba Indemnity will issue a performance and- payment bond for Phoenix irrigation in the amount of fifty -five thousand dollars ($55,000.00) for the above named project. Should you have any questions please feel free to contact me at my office at 1- 800 -22- TEXAS. Very truly yours, k Ruth Santa Attorney -in -Fact RS:klh December 16, 1988 P.O. BOX 230367 HOUSTON, TEXAS 77223 -0367 Re: City of Roundrock Ball Field • (713) 924 -5000 TYPE OF INSURANCE POLICY NUMBER AND ISSUING COMPANY POLICY EFFECT EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS OF LIABILITY GENERAL LIABILITY General $1,000,000 Aggregate : I Premises — Operations 78 PR 002 - 780 - 0001 Pr. Comp. Op. Agg. $1,000,000 Products — Completed Operations NATIONWIDE INSURANCE 12/21/88 12/21/89 Each Occurrence $ 500,000 Personal and Advertising Injury Any One Person $ 500, 000 or Organization Medical Expense if Fire Damage Legal Other Liability Any One Person $ 5,000 Any One Fire $ 50,000 'TOMOBILE LIABILITY Bodily Injury OCCURRENCE ' (Each Person) ® Comprehensive Form 78 BA 002 780 - 0003 Bodily Injury Owned NATIONWIDE INSURANCE 12/21/88 12/21/89 (Each Accident) Hired Properly Damage Non -Owned - Bodily Injury and Property Damage $ 500,000 Combined EXCESS LIABILITY 78 CU 002 780 - 0005 Bodily Injury and Occ. $1,000,000 Properly Damage , Umbrella Form NATIONWIDE INSURANCE 12/21/88 12/21/89 Combined Agg. $1,000,000 a Workers' Compensation STATUTORY LIMITS 78 WC 002- 780 -0002 Bodily Injury Each Accident II and NATIONWIDE INSURANCE 12/21/88 12/21/89 by Accident $500,000 Bodily Injury Policy Limit C$.Employers' Liability by Disease $500,000 II Bodily Injury Each Employee by Disease $500,000 'di' : . Certificate of Insurance The Company indicated below certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective 1 date of this certificate. This Certificate of Insurance does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained . any policy or policies numbered and described below. 1 Certificate Holder's Name and Address: CITY OF ROUND ROCK PARKS AND RECREATION DEPT. Insureds Name and Address:' PHOENIX IRRIGATION 1125C REGAL ROW AUSTIN, TX 78748 DESCRIPTIVE SCHEDULE in lorCe only br hazards indicated by x. Description of Operations /Locations/ V cles /Restrictions /Special Items 1 1 RE: OLD SETTLERS PARK at$rlilicate Issued 12/16/88 Countersigned al: ex 3640 17-871 AUSTIN, TEXAS Au@ohmdReprese 0 ` EN SCHI LIB' /�) NMI IUiWIUL INSURANCE , ;71.1ationwide lean our side CERTIFICATE OF INSURANCE ! e Ctaieny indicated 1P1rw certifies that be irsurarce affarced by the rolicy � palicies rurbaced ald crib, ris fl fucce as at the effectice (etc of this oar . tificate This Certificate of Insurarce clam not marl, extend, othawisa alter tl Tars ary: ariat_isns ae Irmirate ccucrage contained in any policy or palicies thbi rtSiate Irlierx1 'plc hes rt & Tres rt a ,ArX 1 1 1 1 1 NOME OFFICE: OM INTPHSVIDE 1.1...■ • EOLLSAISIA..10 4311■11. QTY 07 !.r.111:1:-1)::,', TIM CP INECRIEE Fa= 11/4312 ISEUDG , GENERAL LIABILITY • X Pruirts-C6Ipleteci CpLzati.als PreTisas-Crs IX Personal arld NUatisinj Injuy 78ER 002-780-0001 12/21/87 12/21/88 hallECIODEE PartztEE X blalical fl I X Fire 117,7aLe, OtlYz LiabiLity • • I .cXOBILE LL-%3ILITY X Cimpre.',cnsiv2 1Tsc1 , Oref, X 1' rk s EXCESS LIABILITY X Waters Chipzreatial 1 Illpkyar's r Q3tifi�itc Tcraird• 12/09f�. RUIZ< DIR=C1C17, mt. 112`32 2`..,171L, • PLUM-I, '1,v‘ 78748 PIJEY FCLITY IFFB2BLVE LIIMS CE LlABILIY ERIE DATE - General - - Pr- - Ldi Occut_LuD.-.! Any (.1 Rama) - or Cr2atial - Jr' Qa nasal - EA•12 lj_r2 - InjuLy COMMIE - (P=Ern) - bLlI Injury Mk 002-780-0003 12/21/87 12/21M - 73t1MtliCrE DIEUIAKE - Proyrty Danac - iTcx7i1„ Injucy $590,000 - 0EL1 ra - narilly injtry and Q. $1,000,000 78CU CO2-780-0085 W/28/88 12/21/88 - Pr.:Pat!! La nti liELIPNEE - Chipi7rAl - STATUTORY LIMITS - 71 Injury 7ac 002-780-0002 12/21/87 12/21/32 - by '.c2c.idalt $500,000 iwTai MIME f aumrice in Bace,enly fcr hamcds indicated ty X. ription of 'CA:2erations/Locations/Vehiclestrictions/Sp2oial Items 1::: : OLD SI:71`2LERB PARK IC-rx-4 Wirtemigrci At: lia11914, Tilv / 3 " '---' 1:102IPITVg EUE $1,000,030 $1,000,000 $ 500 $ 500,000 $ 5,000 $ 50,000 $1, 000 , 000 - Dodily Lnjury Balicy Limit i Di9ease 00,020 - Injury 1diDItpke - $500,000 1 1 1 OLD SETTLER'S PARK 1 AT PALM VALLEY 1 1 LANDSCAPE IRRIGATION IMPROVEMENTS ' BASEBALL COMPLEX -PHASE ONE 1 PREPARED FOR 1 THE CITY OF ROUND ROCK TEXAS 1 PARKS AND RECREATION DEPARTMENT 1 1 TEXAS LOCAL PARK FUND STATE PROJECT NO. 20 1 1 OCTOBER 10,1988 1 1 1 1 N eK f-t I 1 I T 17"J 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 October 10, 1988 Old Settlers Park at Palm Valley Landscape Irrigation Improvements Baseball Complex - Phase One A City of Round Rock Development Round Rock, Texas Texas Local Park Fund State Project No. 20 -00264 Prepared by: BELANGER & SMITH ASSOCIATES, INC. Landscape Architecture Development Planning 712 -C West 14th Street Austin, Texas 78701 (512) 472 -4868 TABLE OF CONTENTS INVITATION TO BID INSTRUCTION TO BIDDERS INFORMATION REQUESTED OF BIDDERS PROPOSAL UNIT PRICES PERFORMANCE & PAYMENT BONDS GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS SPECIAL CONDITIONS TECHNICAL SPECIFICATIONS - LANDSCAPE IRRIGATION SYSTEM - DOMESTIC WATER MAIN INVITATION TO BID PROJECT: Landscape Irrigation Installation of eight ballfields and domestic water main lines at Old Settler's Park at Palm Valley for the City of Round Rock. Plans, specifications and bidding documents may be obtained from the office of the landscape architect, Belanger & Smith Associates, Inc. or the City Parks and Recreation Department by depositing Twenty -five Dollars ($25.00) per set. The check shall be made payable to the City of Round Rock. The deposit shall be refunded provided the documents are returned in good condition at the same time the bids are submitted to the City Secretary. SUBMIT BIDS TO: Joanne Land, City Secretary 221 East Main Street, City Hall Round Rock, Texas 78664 UNTIL: 10:00 A.M., Monday, December 5, 1988 Bids received after this time will not be accepted and returned unopened. The public bid opening will commence in the City Council Chambers on December 5, 1988 at 10:00 A.M. Bid or Bids shall be awarded only upon the review and recommendation of the City Parks and Recreation Department to the City Council at the next available City Council Meeting. Additional information with regards to the plans and specifications may be obtained from: Belanger & Smith Associates, Inc. 712 -C West 14th Street Austin, Texas 78701 (512) 472 -4868 Contact: Robert Belanger NOTICE: One pre bid conference will be conducted on Wednesday, November 30, 1988 at 4:00 P.M. in the City Council Chambers. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INSTRUCTIONS TO BIDDERS To be considered, Bids must be made in accord with these instructions to Bidders. EXAMINATION: Bidders shall carefully examine the documents and the construction site to obtain first -hand knowledge of existing conditions. Contractors will not be given extra payments for conditions which can be determined by examining the site and documents. OUESTIONS: Submit all questions about the Drawings and Specifications to the Landscape Architect in writing. Replies will be issued to all bidders of record as Addenda to the Drawings and Specifications and will become part of the Contract. The Landscape Architect or Owner will not be responsible for oral clarification. SUBSTITUTIONS: To obtain approval to use unspecified products, bidders shall submit written requests at least five days before the bid date and hour. Requests shall clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability. If the product is acceptable, the Landscape Architect will approve it in an Addendum issued to all bidders on record. The Landscape Architect does not bind himself to consider substitutions that will tend to delay ordering or delivery of materials and hinder work progress. BASIS OF BID: The bidder must include all unit costs and /or base bid shown on the Bid Forms. Failure to comply may be cause for rejection. No segregated Bids or assignments will be considered. PREPARATION OF BIDS: Bids shall be made on unaltered Proposal Forms, a copy of which is included in the Specifications. Fill in all blank spaces and submit two copies. Bids shall be signed with the legal name of the corporation and the legal signatures of an officer authorized to bind the corporation to a contract. SUBMITTAL: Submit bid in an opaque, sealed envelope. Identify the envelope with: (1) project name, (2) name of bidder. Submit bids in accord with the Invitation to Bid. MODIFICATION AND WITHDRAWAL: Bids may not be modified after submittal. Bidders may withdraw Bids at any time before bid opening. DISOUALIFICATION: The Owner reserves the right to disqualify Bids, before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the bidder. BID PROPOSAL- LANDSCAPE IRRIGATION IMPROVEMENTS FOR OLD SETTLER'S PARK AT PALM VALLEY FOR BASEBALL COMPLEX -PHASE ONE CITY OF ROUND ROCK (Address) A. INSTALLATION BID: Prepared For The City of Round Rock In cooperation with Texas Local Park Fund State Project No.: 20 -00264 October 10, 1988 PROPOSAL OF: Phoenix Irrigation, Inc. Date: December 5, 1988 1125C Regal Row Austin, TX 78748 CHECK ONE: (Corporation) (Individual) (Partnership) TO: Joanne Land, City Secretary 221 East Main Street Round Rock, Texas 78664 Having carefully examined the Specifications and Drawings, and Addenda to the Specifications and Drawings, as well as the premises and all the conditions affecting the work, the undersigned proposes to furnish all labor, materials and equipment necessary to complete the entire work in accordance with the above documents for the following sum(s): We propose to furnish all labor, materials, taxes, testing, permits, equipment, tools and services required to complete in accordance with the specifications and conditions contained herein and shown on the accompanying drawings dated October 10, 1988. A. Landscape Irrigation System Thirty -Nine Thousand Seven Hundred Seventy -Nine ($ 37,779.00 B. Domestic Water Main Fourteen Thousand Four Hundred Ninety -Four i' 1 1 11. August 10, 1988 City of Round Rock Page 2 of 3 Proposal Base Bid Proposal: ($14,494.00 C. Sum Total of Base Bid A and B Fifty -Four Thousand Two Hundred Seventy -Three dollars dollars dollars ($54,273.00 ) We will install and make both systems entirely operational within 60 calendar days. The undersigned agrees, if awarded the Contract, to execute to commence and complete all work as outlined by the Drawings and Specifications. It is understood that the City of Round Rock reserves the right to accept or reject any and all bids and to accept not necessarily the lowest bid, and to waive all informalities. It is further agreed that this bid shall be valid and not with drawn for a period of sixty (60) days from the date of opening thereof. It is understood that all employees directly employed on the work shall not be paid less than the minimum wage by the contractor as regulated by the State of Texas and the Federal Government. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM 1: ADDENDUM ONE NOVEMBER 28, 1988 LANDSCAPE IRRIGATION IMPROVEMENTS FOR OLD SETTLER'S PARK AT PALM VALLEY FOR BASEBALL COMPLEX -PHASE ONE CITY OF ROUND ROCK The City of Round Rock In cooperation with Texas Local Park Fund State Project No.: 20 -00264 REFERENCE PAGE FOUR (4), SUPPLEMENTARY CONDITIONS OF THE PROJECT MANUAL, DATED OCTOBER 10, 1988, ITEM 11.3 - PROPERTY INSURANCE, DELETE: THE LETTERS NPC, ADD: THE OWNER. ITEM 2: REFERENCE PAGE ONE (1), SPECIAL CONDITIONS OF THE PROJECT MANUAL DATED OCTOBER 10, 1988, ITEM SEVEN (7), WATER FOR WORK, DELETE: DESCRIPTION AND ADD: THE CITY WILL PROVIDE THE WATER AT NO COST, AT THE LOCATION SHOWN ON THE PLAN. THE WATER SHALL BE USED ONLY FOR WORK RELATED TASKS, SUCH AS FLUSHING LINES, STERILIZATION OF DOMESTIC WATER MAIN, TESTING AND ADJUSTING IRRIGATION HEADS. THE CONTRACTOR SHALL BE CHARGED FOR THE CARELESS USE OF WATER, SUCH AS LINE BREAKS ETC. August l0, 1988 City of Round Rock Page 3 of 3 Proposal Receipt is hereby acknowledged of the following addenda: , 2 3 Title: President 4 Submitted by, Phoenix Irrigation, Inc. 5 1125C Regal Row, Austin, TX 78748 (Business Address) 1 LANDSCAPE IRRIGATION UNIT PRICES:. In the event a greater or lesser amount of work is done, the following uit prices will apply. Unit prices cover the cost of work and materials in place, including all materials, equipment, labor, taxes, overhead, profit, maintenance and guarantee required to render the same complete. IRRIGATION SYSTEM( ADD/ DELETE/ ITEM DESCRIPTION COST For furnishing and placing, complete and in place with all necessary fittings for attachment of any required appurtenance: 1/2" Black ABS Plastic (Irrigation) .60 /LF 1/2" PVC Class 315 (Irrigation) • /LF 3/4" PVC Class 200 (Irrigation) • /LF 1" PVC Class 200 (Irrigation) . /LF 1 -1/4" PVC Class 200 (Irrigation) 1•20 /LF 1 -1/2" PVC Class 200 (Irrigation) 1.50 /LF 2" PVC Class 200 (Irrigation) _ 2.30/LF 2 -1/2" PVC Class 200 (Irrigation) 3.05/LF 3" PVC Class 200 (Irrigation) 5.30/LF 2" PVC Schedule 40 (Irrigation) 2 . 7 0 /LF 3" PVC Schedule 40, AWWA C -900, Class 200 6.50/LF 4" PVC AWWA C -900, Class 200 8.00/LF Hunter I -25 Series Gear Driven Rotary w/ flexible PVC joint 42.00 /EA Hunter 1 -20 Series Gear Driven Rotary w/ flexible PVC joint 27.00 /EA Rainbird 1804 Pop -Up Sprays w /MPR plastic nozzles 3 • 75 /EA 2" Double gate, double check valve assembly in structural plastic vault with cover 1" Quick coupler valve in valve box. 280.00/EA 60.00 /EA 2" Electric valve 1" Ball valve in valve box (Irrigation) 3" Electric valve 1-1/2" Ball valve in valve box (Irrigation) 2" Ball valve in valve box (Irrigation) 3" Ball valve in valve box (Irrigation) 4" Ball valve in valve box (Irrigation) 1 -1/2" Bronze Gate Valve (Domestic Water) 2" Bronze Gate Valve (Domestic Water) 3" Cast Iron Gate Valve (Domestic Water) 4" Cast Iron Gate Valve (Domestic Water) 7 Station irrigation controller, as specified 18 Station irrigation controller, as specified 1" Electric valve 1 -1/2" Electric valve Rain Check, installed 7" Diameter Plastic Valve box 10" Diameter Plastic Valve box Rock Saw with operator Trenching Machine with operator Job Foreman Laborer 30.00 /EA 50.00 /EA 60.00 /EA 165.00 /EA 280.00 /EA 50.00 /EA 60.00 /EA 280.00 /EA 370.00 /EA 235.00 /EA 670.00 /EA 45.00 /EA 68.00 /EA 95.00 /EA 210.00 /EA 60.00 /E 6.50 /EA 24.00 /EA 105.00 /HR 35.00 /HR 18.00 /HR 7.50 /HR INFORMATION REOUIRED OF ALL BIDDERS All bidders are required to supply the following information with the bid proposal form. Additional sheets may be attached if necessary. (1) Address 1125 -C Regal Row, Austin, Texas 78748 (2) Telephone (512) 282 -7394 (3) Type of firm: ( )Individual, ( )Partnership, ( X )Corporation (4) Corporation organized under the laws of the State of Texas (5) List the names and address of all members of the firm or names and titles of all officers of the corporation: John C. Sofyanos, President S. J. Sofyanos, Sole Stockholder 302 Timpanagos 22 Fieldstone Austin, TX 78734 Coventry, CO 06238 (6) Number of years experience 17 Years (7) Bidders Texas Irrigators License Number JCS - 476, SS 753 (8) List at least (3) projects completed as of recent date: Contract Amount Date Completed Name and Address of Owner $24,000 05/30/88 City of Round Rock Stillhouse Canyon $22,000 07/01/88 Clifton Lind 343 -0996 South Central Elementary School $21,000 07/01/88 Jim Keener 441 -1900 (9) Have you had any complaints against your company by the Texas Irrigation Board or the Better Business Bureau? X NO YES IF YES/ PLEASE EXPLAIN: (10) List the name and address of each subcontractor who will perform work in or about the work or improvements in excess of one -half (1/2) of one percent (1 %) of the total bid price and indicate what part of the work will be done by each subcontractor. Name Jddress Work to be Performed' Ronnie Derrick Austin, Texas Meter Vault Tx Water Consul. Austin, Texas Sanitization (11) Payment of Taxes, in the State of Texas Yes X No (12) If requested by the Owner, the Selected Bidder(s) shall submit a notarized financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. PERFORMANCE BONO The Owner will require the Contractor to furnish a Performance Bond signed by the Contractor as Principal and by an established reputable bonding or insurance company (satisfactory to the Owner) as Surety, on the Standard American Institute of Architects form, or approved equal, in the penal sum of one hundred percent (100 %) of the Contract Price, as security for the faithful performance of all work included in the contract, and a separate bond, also in the penal sum of one hundred percent (100 %) of the Contract Price, on a Texas Statutory Payment Bond Form, as security for the payment of all costs for labor and materials on account of the work. This bond shall remain in full force and effect from the date of signing the Contract until the expiration of the one (1) year guarantee. The cost of the Performance Bond shall be included in the bid price. GENERAL CONDITIONS END OF GENERAL CONDITIONS Page 1 The General Conditions for the project shall be the standard for of "General Conditions of the Contract for Construction ", "A.I.A. Document A- 201 ", Thirteenth Edition, August 1976, as prepared by the American Institute of Architects. The "General Conditions of the Contract for Construction" constitutes an official document and shall govern the entire contract and its operations as amended by the "Supplementary General Conditions and Special Conditions ", included in the Contract Documents. SUPPLEMENTARY GENERAL CONDITIONS SUPPLEMENTS Page 1 The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction ", "A.I.A. Document A- 201 ", Thirteenth Edition, August 1976. Where any Article of the General Conditions Is modified or deleted by these supplements, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause remain in effect. ARTICLE 1 - CONTRACT DOCUMENTS 1.1.1 Modify the first sentence by inserting the following after the work "Specifications ": Advertisement for Bids, Instructions to Bidders, Proposal Form. 1.1.5 MISCELLANEOUS DEFINITIONS 1.1.5.1 The term "product" as used in these Supplementary General Conditions includes materials, systems and equipment. 1.1.5.2 The term "provide" as used in these Specifications means to furnish and install. 1.1.5.3 The word "Landscape Architect" where used in the Contract Documents means the same as "Architect" as defined in the General Conditions. ARTICLE 3 - OWNER 3.5 OWNER'S OCCUPANCY 3.5.1 The Contractor shall agree that the Owner (City of Round Rock) may occupy or use portions of the work before substantial completion of entire work, and further agrees that such use or occupancy of portions of the work shall not in any way evidence the substantial completion of the entire work or signify the Owner's acceptance of the entire work. ARTICLE 8 - TIME 8.2 DEFINITIONS 8.2.2 Change first sentence to read, "The Contractor shall begin the work within ten (10) days from the notice to proceed (date of commencement) as defined in subparagraph 8.1.2 ". 8.3 DELAYS AND EXTENSIONS 8.3.5 Extensions of time shall be allowed for rain, snow, sleet, hail or other weather conditions which delay work only upon written request, review and acceptance by Owner or his representative. Floods, tornados, or other extremely severe weather conditions which damage the work in progress on the site, shall be allowed "extension time" to extend time required to restore the damage. ARTICLE 9 - PAYMENTS AND COMPLETION 9.3 PROGRESS PAYMENTS Add to Subparagraph 9.3.1 the following sentence: "The form of Application for Payment shall be furnished by the Landscape Architect and prepared by the Contractor and submitted in quadruplicate. 9.3.1.1 The application for monthly payment will be submitted monthly, provide two notarized applications to the Landscape Architect, on or before the 25th of each month, based on the application for payment date for work -in- place. Owner's payments will be released to Contractor by the 15th of the following month. 9.3.1.2 The Owner will retain ten percent (10 %) of the amount due to the Contractor for a maximum of 45 days following written final acceptance of the completed project by the landscape architect. ARTICLE 11 - INSURANCE Page 2 Maintain insurance as described in Article 11 of the General Conditions of the Contract for Construction, written for the minimum limits of liability and with the further provisions hereinafter specified. Maintain insurance with a reliable company (having at least "AA" or better financial rating and "A +" or better general policy holder's rating according to latest A.M. Best Report) of Contractor's choice, acceptable to, approved by Owner, 11.1 CONTRACTOR'S LIABILITY INSURANCE authorized to do business in the State where project is located. Page 3 The Contractor shall require his subcontractors to carry life insurance (with adequate limits) that referred under this heading. In the first line following the word "maintain ", insert the words "in a company or companies licensed to do business in the State in which the project is located. 11.1.1.6 Liability Insurance shall include all major divisions of coverage and be ona comprehensibe basis including: 1. Premises - Operations (excluding X -C -U). 2. Contractor's Protective. 3. Products and Completed Operations. 4. Contractual - including specified provisions of the Contractor's obligations under Paragraph 4.18, Indemnification. 5. Owner, non -owner and hired motor vehicles. 11.1.2 Add the following: 1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: Statutory workman's compensation and occupational disease insurance covering Contractor's liability according to the laws of the states having jurisdiction; employer's liability insurance with minimum limits of $100,00. 2. COMPREHENSIVE GENERAL LIABILITY INSURANCE: Including contractual liability recognizing the liabilities imposed by this Contract and including product and /or completed operations liability against bodily injury. a. Bodily Injury Each person $250,000 Each occurrence $500,000 Aggregate $500,000 3. COMPREHENSIVE AUTOMOBILE LIABILITY: 4. INDEPENDENT CONTRACTORS: Same as above. Page 4 b. Property Damage Each occurrence $250,000 Aggregate $300,000 a. Bodily Injury; Each person $500,000 (including death) Each occurrence 1,000,000 b. Property Damage Each occurrence $100,000 5. CONTRACTUAL LIABILITY: Same limits as above. 11.1.3 Owner requires thirty days written notice prior to policy cancellation in lieu of fifteen. Add new clause: 11.1.3.1 Furnish one copy of certificates herein required for each copy of Agreement; specifically set forth evidence of all coverage required by 11.1.1 and 11.1.2. The form of the certificate shall be A.I.A. Document G -705. Furnish to the Owner copies of any endorsements that are subsequently issued amending coverage or limits. 11.3 PROPERTY INSURANCE (Delete all of 11.3) Add clause: The Contractor will be responsible for his materials and equipment and hereby waives (including Contractor's insurance carrier) all right of recovery from the Owner because of loss or damage to his material or equipment regardless of cost. The contractor whall make all necessary provisions which are acceptable to NPC to protect his work from vandalism or theft. Secured material storage areas will be permissable. ARTICLE 12 - CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.4 In the next to last sentence, delete the words, "as confirmed by the Architect" and add "without overhead or profit." END OF SUPPLEMENTARY CONDITIONS SPECIAL CONDITIONS Page 1 These Special Conditions shall be subject to the requirements of the General Conditions of the Contract as well as the Supplementary General Conditions. These Special Conditions shall be used in conjunction there with as a part of the Contract Documents. 1. PERMITS AND REGULATIONS: The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the work of this contract, and shall obtain all permits and pay all fees, licenses, and deposits required by law or ordinance to comply with the work of these specifications. 2. TAXES: The Contractor agrees, as part of his Bid, to assume full responsibility for payment of all Federal, State, and other forms of taxes, including sales tax, social security, old age benefit, unemployment, and income tax withholding. 3. PROTECTION OF MATERIALS: The Contractor shall properly and effectively protect all materials and equipment furnished by him during and after their installation. Materials, Contractor's equipment, etc. may be stored on the premisses, but they shall be stored so as not to interfere with . ingress and egresss to other contractors on the site in an area(s) approved by the Owner. Security of the area(s) will be the sole responsibility of the Contractor. 4. PROTECTION OF PUBLIC: The Contractor shall protect others using the site and shall take whatever steps are necessary to save them from harm. He shall erect barricades around all open excavations and equipment. 5. SIGNS: No signs or advertisements will be allowed to be displayed without the approval of the Qwner. 6. COOPERATION WITH OTHER CONTRACTORS: The Contractor is reminded that other contractors may be working on the site. He is to cooperate fully with them and conduct his work so as not to interfere with their access to work. 7. WATER FOR WORK: The owner shall provide water from adjacent fire hydrants. Materials and equipment necessary to transfer water to the desired location will be the contractor's responsibility. 10. DIRECTION OF THE WORK: Page 2 8. ELECTRICAL ENERGY: Electrical energy required for construction will be provided by the Contractor. 9. MEASUREMENTS: Before ordering any material or doing any work, each Contractor shall verify all dimensions at the job site and shall be responsible for their accuracy. No extra charge or compensation will be allowed for differences between actual dimensions and those shown on the Drawings. Any difference which may be found shall be submitted to the Landscape Architect before proceeding with the work. A. The Contractor shall be held responsible for the full direction and supervision of all work under this contract and shall give all instructions from the Landscape Architect or Owner to the work forces. B. The Contractor shall have on the job at all times while the work is in progress, a competent superintendent, acceptable to the Landscape Architect and Owner, who shall direct operations and receive instructions in the absence of the Contractor. The superintendent shall coordinate the work of his various subcontractors. 11. DRAWINGS AND SPECIFICATIONS: A. The Contractor shall keep one copy of all drawings and specifications, memoranda and shop drawings at the job at all reasonable times, available to the Owner and the Landscape Architect. B. These specifications and accompanying drawings are to be interpreted according to their full intent, meaning and spirit, whether taken separately or together. Taken together, they shall be deemed mutually to explain each other and to be descriptive of the work to be performed under this contract. Should there be any discrepancy between the drawings and specifications, the drawings shall govern; between the descriptive writings on the drawings and the legend designating the Page 3 materials,the descriptive writings shall govern. The large -scale details shall be followed in preference to smaller -scale drawings. C. Should there be anything shown on the drawings and not described in the specifications or not shown on the drawings and described in the specifications. the same shall be fully executed and carried out as if drawn, shown, or described in both; and the Contractor is not to make any alterations or corrections on the drawings or in the specifications. Should any error appear, the same is to be referred to the Landscape Architect before the bids are submitted or the work is commenced, or as otherwise specified herein. 12. LAYOUT: The Contractor shall be rsponsible for accurately laying out all work under this contract and setting any necessary control points. All must be approved before work progresses. 13. DAMAGES: The Contractor shall be responsible for damage to the site or improvements thereon, including underground improvements, incurred through his execution of this work, and shall agree to have such damage repaired by a qualified workman. However, the cost of relocation of underground lines shall not be included in this contract, unless specifically noted on the plans or specifications. 14. SUBSTITUTIONS: Should a Contractor wish to substitute a product, he shall submit complete date on his product to the Landscape Architect at least 7 days prior to bid opening. Data submitted shall be complete enough for Landscape Architect to make an appraisal of product, including physical sample if necessary, without extensive research and investigation. Approval of such manufacturer's product shall be in writing and will be given at least 3 days prior to bid opening. Landscape Architect will investigate all such proposals and render final decisions as promptly as possible. Landscape Architect does not bind himself to consider substitutions that will tend to delay ordering of material and hence progress of work. Page 4 15. SAMPLES: Contractor shall submit such samples of materials requested in various technical sections of Specifications for approval of quality, appearance, design, etc. Materials requiring submittted samples shall not be ordered or delivered until said samples are approved by Landscape Architect. 16. COMPLETION REOUIREMENTS: A. Final Inspection: Landscape Architect will make final inspection of work included in Contract as soon as practicable after work is completed and ready for acceptance. If work is not acceptable to Landscape Architect at time of such inspection, he will inform Contractor in writing as to the particular defects before final acceptance will be made. B. Guarantee: Contractor shall guarantee in writing all work performed under Contract for a period of one year from date of acceptance in addition to those items which are guaranteed for longer periods under terms of the Contract. Upon written notice from Landscape Architect or Owner, Contractor shall remedy any defects due to negligence, faulty workmanship or faulty materials within a reasonable time frame agreed upon by both parties. C. After work is completed or substantially complete and before final payment is made, Contractor shall deliver the following applicable items to Owner: 1. Affadavit that all bills chargeable against Contract are paid in the form of waiver or lien. 2. All guarantees, warranties, and /or bonds as required on specific branches of the work including General Contract Guarantee as noted above. 3. Subcontractors and Suppliers List: A complete list of names, addresses and telephone numbers of all subcontractors and suppliers employed on the project shall be provided. Page 5 D. As -Build Drawings: Contractor shall, upon completion of project, furnish to Landscape Architect a complete set of reproducible drawings showing all changes and /or alterations in the work and constituting an "As- Built" set of drawings, whether or not they are covered by an official change order including deviations from all phases of work. This is applicable only to the landscape irrigation system. 17. BID ITEMS /ALTERNATES: General: A. Bidders are required to submit additive and /or deductive amounts to the Bid as described in the Alternates, if Alternates are indicated on the Proposal Form. Failure to submit Alternate amounts in the spaces provided on the Proposal Form shall be basis for disqualification of Bid. B. The successful Bidder shall not modify, withdraw or cancel any of the Bid items or Alternates or any part thereof for 90 days after receipt of bids. C. Contractor shall be responsible for any changes in the Work affected by acceptance of any Alternates. Claims for extras resulting from changes caused by Alternates will not be allowed. D. Refer to Drawings and Technical Specifications sections for items of work affected by Alternates, if Alternates are indicated on the Proposal Form. END OF SPECIAL CONDITIONS PART I GENERAL 1.01 WORK INCLUDED SECTION 02441 LANDSCAPE IRRIGATION SYSTEM Domestic Water Main A. Furnish and install the underground landscape irrigation system including all products, equipment and labor required to complete the system as specified and shown on the Drawings B. System may include, but is not limited to: 1. Installing and testing domestic water main, irrigation lines, backflow prevention assembly ball valves and preparing and providing all fittings, assemblies and the water meter. The City will "drop" the water meter and connect. 2. Electrical valves and wiring, valve boxes, controllers, sprinklers, quick couplers, valves and boxes, associated plumbing and electrical work accessories to complete the work. 3. Obtaining and paying for water meter permits, fees, inspections and water quality tests etc. as required for the installation of the domestic water main. 1.02 QUALITY ASSURANCE A. Perform work in compliance with applicable requirements of governing authorities. B. Electrical Work: Conforming to State of Texas Codes and latest edition of the National Electric Code. 1.03 APPLICABLE STANDARDS A. ASTM D2241 -Poly (Vinyl Chloride) (PVC) Plastic Pipe (SDR -PR). (Irrigation system) 1 B. ASTM 2287 - Flexible PVC. (Irrigation system) C. ASTM D2464 - Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Threaded, Schedule 40. (Irrigation system) D. ASTM D2466 - Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Socket Type, Schedule 40. (Irrigation system) E. AWWA C -900 Class 200 PVC (Domestic Water Lines). F. AWWA C -500, Iron Body Gate Valve. G. AWWA C -110, Cast Iron Fittings. H. ASTM D2564 - Solvent Cements for Poly (Vinyl Chloride) PVC plastic pipe and fittings. I. ASTM D1557 - Standard Test Methods for Moisture - Density Relations of Soils. 1.04 WARRANTY AND GUARANTEE A. Provide a one year warranty against material, installation and operation defects. Repairs, adjustments and replacements of defective irrigation system materials and domestic water main, including materials which have been installed on the work during the warranty period shall be at Contractor's expense. B. Guarantee backfilling of irrigation system excavations and domestic water main for one year after completion of the work. C. At the end of one year after completion of the installation, provide maintenance of the irrigation system, including at least the following: 1. Raise or lower heads to compensate for settling of lawn areas. 2. Clean and adjust heads. 1.05 SUBSTITUTIONS A. Use of materials differing in quality, size or performance from those specified will only 2 be considered upon written approval of Landscape Architect, provided they are submitted at least 10 days prior to bid opening. Landscape Architect's decision will be based on comparative ability of material or article to perform fully all purposes of mechanics, product warranty and general design considered to be possessed by item specified. B. The sprinkler system has been designed specifically for use with equipment, as manufactured by manufacturer noted herein and on the drawings. Pipe sizes have been determined by computation of pressure losses in piping based on consumption and required operating pressure of specified sprinklers. Positioning and placement of sprinklers have also been determined by operating characteristics of specified sprinklers. C. Substitutions of sprinklers of another make will only be approved upon Contractor's submittal of data outlined below to establish that proposed alternate sprinkler will produce equivalent operation and intent of design of specified sprinkler system: 1. Actual samples of each type of sprinkler head proposed. 2. Manufacturer's catalog sheet showing full specifications of each type sprinkler proposed, including discharge in GPM, minimum allowable operating pressure at sprinkler, maximum allowable spacing and distance of throw (coverage). 3. Detailed pressure loss computations based on consumption of proposed sprinkler, if any one of three characteristics in subparagraph 2 above is at variance with specified sprinklers. These pressure loss computations must prove the proposed substitute sprinklers will perform in accordance with intent of designed sprinkler system. (If a design change is required, detailed drawings shall accompany rest for approval of substitute). Detailed pressure loss computation shall encompass the following: 3 1.06 TESTING 1.07 CO- ORDINATION 1.08 WORK SCHEDULE a. A total design pressure is noted on the Drawings. Design pressure is defined as maximum pressure required to overcome ALL pressure losses and leave a residual pressure at sprinkler not less than the manufacturer's specifid minimum pressure requirements. b. Pressure loss computations shall be based on an acceptable table of pressure losses for type and size pipe to be used. c. As pressure loss tables are for straight pipe only, an acceptable allowance shall be made for additional losses incurred in fittings. d. Allowance shall be made for pressure drop through valves based on specifications of manufacturer of each type valve. 4. Approval of substitute sprinkler shall not relieve Contractor of his responsibility to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. A. Perform testing required by specifications under supervision of City Project Manager and the Landscape Architect. Give 48 HOURS NOTICE that such tests are to be conducted. A. Anticipate "last minute delays" that may necessitate overtime work to complete the system on schedule. Coordinate irrigation work with other trades on the job site. A. Begin installation of the irrigation system upon notification by the City Project Manager. B. Work shall proceed continuously on the site, 4 PART II PRODUCTS 2.01 GENERAL with exception of bad weather days, until Project is completed and operable. A. Manufacturers: As noted herein and on the drawings. B. Irrigation Sprinkler Mains: Portion of piping from water meter to operating valves. This portion of piping is subject to surges, being a closed portion of sprinkler system. C. Lateral Piping: Portion of piping from operating valve to sprinkler heads. This portion of piping is not subject to surges, being an "open end" portion of the sprinkler system. 2.02 POLYVINYL CHLORIDE PIPE (PVC PIPE) A. PVC Pipe: Manufactured in accordance with standards noted herein. B. Marking and Identification: Continuously and permanently marked PVC pipe with manufacturer's name, pipe size, type of pipe material, SDR number, ASTM standard number and the NSF (National Sanitation Foundation) seal. 2.03 FLEXIBLE PVC NIPPLES A. Composed of Standard Schedule 40 PVC fittings, solvent welded to flexible PVC as manufactured by Spears Corporation, Sylmar, California, or approved equal, and meeting noted standards. B. Conduct the following pressure test: 200 PSI static pressure for 10 minutes and 150 PSI for one hour. Pressure must remain unchanged for the full duration of each test. The City's Representative must be present. C. Nipples for both pop -up heads and shrub risers to be nominal one -half (1/2) inch diameter x five (5) inches long. D. Flexible nipples for gear drive rotary heads to be nominal three - quarter (3/4) inch diameter x twelve (12) inches long. 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.04 WIRE A. Minimum of Type OF with 4/64 inch insulation, copper, Underwriter's Laboratory approved for direct burial when used in a National Electrical Code Class II circuit 30 volts AC or less. B. Size valve wire according to lengths between electric source (controller) and irrigation valves. Reference wire sizing chart on plans. 2.05 MATERIALS A. FITTINGS: (IRRIGATION SYSTEM) Manufacturer Model Number Description Hunter I -20 Series gear drive rotary sprinkler Hunter I -25 Series gear drive rotary sprinkler Rainbird 1800 Series Pop -Up Sprinkler with MPR plastic nozzles Richdel 200 Series electric remote control valve, Globe style w /valve box Rainbird 3RC IRRI -TROL Rainbird Raincheck Febco 805Y 2" double check double ball valve assembly Spears True Union Ball valve, PVC, and single ASTM IPS sized per entry location 6 quick coupler valve provide one 33K valve key and one swivel hose ell DIAL 7AB DIAL 18AB automatic controller wall mounted Automatic rain cutoff device PART III EXECUTION 3.01 GENERAL 'Ametek 10" dia. valve box - and cover Ametek 190101 vault Jumbo Box for 192101 cover Backflow assembly City of Standard water Austin meter vault w /cover Snap -Tite wire connectors B. PVC Irrigation Pipe: 1. Domestic water line: Schedule 40 PVC 2.: All irrigation piping: Class 200, except 1/2 inch, which shall be Class 315. A. - Verify existing and proposed locations of all site utilities (including gas, water, electric, telephone, sanitary and storm sewers) prior to any trenching and laying of pipe. B. Coordinate irrigation work with that of all other sitework trades and contractors, as applicable. C. Exact location and configuration of ballfields, may vary from that shown on Drawings. For discrepancies that cause adjustments to irrigation system, notify the Landscape Architect. D. Piping and head layout is shown in SCHEMATIC FORM ONLY because of scale of drawing. All piping to be installed to provide even distribution of water through pipe layout . utilizing central supply concept. 3.02 CONDITION OF THE SITE AND SURFACES A. The Contractor shall make an examination of the site of the proposed work and completely familiarize himself with the nature and extent of the work to be accomplished. No 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 B. Verify existing surface conditions and subsurface conditions fully. C. Irrigation contractor shall not begin the installation of pipe until water is made available in the 8" water line, for testing and flushing of lines. D. Upon completion of irrigation equipment installation, return the area to a condition equal to or better than its condition prior to installation. Establishment of turf is not required. 3.03 INSTALLATION extra compensation will be allowed for any work made necessary by unusual conditions or obstacles encountered during the progress of the work. A. General: 1. Piping layout shall be according to Drawings. In the event of a piping layout conflict, notify and obtain approval of the Landscape Architect prior to trenching. 2. Refer to Drawings for location of existing 8" domestic water source. B. Excavations: 1. All excavations shall be unclassified. Trenches shall be a minimum of 6 inches wide per details and to the depth required as noted herein. 2. Over - excavation shall be backfilled with cushion sand at the Contractor's expense. Remove all unsuitable or excess material from the site. 3. Dewater excavations as required for dry work, including both surface and ground water. 4. Trenches shall have sides as nearly vertical as possible and bottoms shall be shaped to provide continuous bedding of each section of pipe along its entire 8 C. Backfill in Landscape Areas: 1. Backfill irrigation trenches with material removed during excavation, except where rock is encountered. In this case the pipe shall be laid in a cushion sand bed surrounding the pipe a minimum of 3" of cover. Domestic water main to be laid in a continuous sand bed with a minimum of 3" of sand cover on all sides. 3.04 PIPE INSTALLATION length in undisturbed soil or thoroughly compacted fill. 2. Compact and water - settle all excavation to prevent after settling. Hand rake excavation areas and adjoining areas to leave grade at the previous elevation and in as good or better condition than before installation. A. Pipe installation includes all domestic water main and irrigation piping required for water and electrical wiring to complete the automatic irrigation system. B. - Irrigation contractor shall have licensed plumber install and provide testing of the domestic water main. C. Stake location of domestic water main, meter, master valve, backflow prevention assembly, and irrigation lines to electric valves for field verification by the landscape architect prior to installation. D. General: Provide firm, uniform bearing for entire length of each pipeline to prevent uneven settlement. Wedging or blocking of pipe will not be permitted. Remove foreign matter or dirt from inside of pipe before welding and keep piping clean by approved means during and after laying of pipe. E. Thrust blocks shall be used on piping 3" diameter and larger. Thrust blocks are located at each change in direction. F. Depth of Piping: 1. Domestic water main shall be a minimum 9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 of 18" inches deep from finished grade to top of pipe, unless specifically noted otherwise. 3.05 PVC PIPE AND FITTING ASSEMBLY 3.06 SPRINKLERS 2. All irrigation piping shall be a minimum of 12 inches deep from finished grade to top of pipe. A. Solvent: Use only solvent recommended by manufacturer to make solvent welded joints. Thoroughly clean pipe and fittings of dirt, dust and moisture before applying solvent. B. PVC to Metal Connection: Work metal connections first. Use non - hardening pipe dope (Permatex No. 2) on threaded PVC to metal joints. Use only light wrench pressure. C. Threaded PVC Connection: Where required, use threaded PVC adapters into which pipe may be welded. A. General: 1. Supply in accordance with Materials List, with nozzling in accordance with Drawings. Revise nozzle degree as directed by Landscape Architect if wind conditions affect coverage. 2. Before installation is started, place a stake where each sprinkler is to be located, in accordance with the drawings, and as recommended by the manufacturer. Anticipate minor revisions to configuration of field layouts and adjust head layout and nozzel size accordingly. 3. Notify Landscape Architect of major revisions. Staking shall be approved by Landscape Architect before proceeding. B. Pop -up Spray Heads: Attach sprinkler to lateral piping with a 6 inch long flexible PVC pipe with 1/2 inch SXMIP adapters on each end. Set base flush with finished grade. 10 3.07 ELECTRIC REMOTE CONTROL VALVES 3.08 VALVE BOXES 3.10 WIRING C. Gear Driven Rotary Sprinklers: Attach sprinkler to lateral piping with a 12 inch long flexible PVC pipe with 3/4" SXMIP adapters on each end. Install flexible nipple in a horizontal manner with ell at base of sprinkler. Set top of sprinkler flush with finish grade. A. Supply in accordance with the Materials_List and sized as shown on Drawings. B. Install in a level position, according to the manufacturer's recommendations and the detailed Drawings. C. The manufacturer's specifications and installation instruction for the valve supplied shall become a part of these specifications. D. Set all valves in a straight line 2 " -0" from chainlink fences, adjacent to fences, outside of ballfields. Verify locations with Landscape Architect. A. Sized as specified in the Materials List, set flush with finish grade and set over all electric and gate valves. 3.09 GRAVEL BACKFILL IN VALVE BOXES AND VAULTS A. Excavate under quick coupling valve backflow assembly, all valve boxes at manual, and electric valve locations and provide a minimum 4" layer of clean, washed pea gravel in the bottom of all boxes. Gravel backfill shall not cover valves. A. Install electric control wires in the piping trenches wherever possible. Place wire in trench to one side of pipe. Install wire with as much slack as possible to allow for expansion and contraction of the wire. Expansion joints in wire may be provided at 20 foot intervals by making 5 -6 turns of the wire around a piece of 1/2 inch pipe in lieu of slack. Where it is necessary to run wire 11 in a separate trench, wire shall have a minimum cover of 12 inches. B. Provide sufficient "slack" at site connections at remote control valves, either direct - buried or in control boxes, and at all wire splices so that the valve bonnet or splice may be brought to the surface without disconnecting the wires when repair is required. C. Each remote control valve is to be connected to one station of a controller unless otherwise noted, reference controller A location. All remote control valves, which are to be connected to the same controller, shall be connected to a common ground wire system. Only those remote control valves which are being controlled by one specific controller shall be connected to that controller's common ground wire system. D. All wires shall be tested prior to backfilling to insure continuity from valve location to controller location. Any wire not indicating continuity shall be repaired or replaced immediately. 3.11 ELECTRICAL WIRE CONNECTIONS A. Make wire connection to remote control electric valves and splices of wire in the field, using Snap -Tite wire connectors and sealing cement as follows: 1. Strip ends of wire and push wires through holes of base socket. 2. Twist wires together and mechanically bond together using crimp sleeve and crimp pliers. 3. Insert wire connection into base socket as far as possible. 4. Apply solvent cement to outside of sealing plug and completely fill cavity of sealing plug with solvent cement. 5. Push sealing plug into base socket, using twisting motion, until it bottoms. 6. Push wires down into base plug as far as they will go, without unseating sealing 12 plug, to assure completesealing and waterproofing at the connection. B. Provide tight joints to prevent leakage of water and corrosion - build -up on the joint. 3.12 CONTROLLER(S) A. Install the specified controller in the location shown on the Drawings, within its own lockable housing. B. Provide rigid conduit from controller down into the floor slab to accommodate valve wires. Access through slab to be provided. C. Pull valve wires, program the controller and put controller in operation. Connect controller to 115V power source, provided by others. D. All valve station numbers shall correspond to those shown on the Drawings. Label controllers as such. 3.13 DOUBLE CHECK BACKFLOW PREVENTION ASSEMBLY A. Install in accordance with city and state regulations and manufacturer's recommendations. Refer to Drawings for location of Backflow Prevention Assembly. B. The manufacturer's specifications and installation instructions for the Backflow Prevention Assembly supplied shall become part of these specifications. 3.14 QUICK COUPLING VALVE AND BOX A. Supply in accordance with the materials list. Set top of box flush with finish grade and top of coupler valve 1" below finish grade. B. Reinforce the valve by driving a #3 reinforcing bar 18" long next to the valve and securing it to the valve with wire. 3.15 DOMESTIC WATER MAIN - Pressure Pipe Hydrostatic Test A. Reference City of Austin Specifications for all standards, requirements and procedures. B. After the pipe has been installed and 13 backfilled and all service laterals and other appurtenances installed and connected, a leakage test, followed by a pressure test, will be conducted by the City. The Contractor will be present and shall furnish all necessary pump and gauges for conducting the tests. The specified test pressures will be based on the elevation of the lowest point of the line or section under test. Before applying the specified test pressure, all air • shall be expelled from the pipe. If permanent air vents are not located at all high points, the Contractor shall install corporation cocks at such points. 1. Pressure Test The entire project or each valved section shall be tested, at a pressure of 200 psi for a sufficient period (approximately 10 minutes) to discover all leaking or defective materials. Repairs shall be made by the Contractor to correct any leaking or defective materials. 2. Pressure Pipe Leakage Test A leakage test will follow the pressure test and be conducted on -the entire project or each valved section. The leakage test shall be at 150 psi for at least 1 hour. Allowable leakage Leakage shall be defined as the quantity of water that must be supplied into any test section of pipe to maintain the specified leakage test pressure (see above, "Pressure Pipe Leakage Test ") after the air in the pipeline has been expelled and the pipe has been filled with water. The allowable leakage shall comply with AWWA C -600 which defines the allowable leakage as: L = SD P 133,200 where L = Leakage in gallons per hour S = Length of pipe in feet D = Diameter (inside) of pipe in inches 14 P = Pressure in pounds per square inch If such testing discloses leakage in excess of this specified allowable, the Contractor, at his expense, shall locate and correct all defects in the pipeline until the leakage is within the indicated allowance. 3.16 STERILIZATION OF DOMESTIC (POTABLE) MAIN WATER LINES The Contractor shall protect all piping materials from contamination during storage, handling and installation. Prior to disinfection, the pipeline interior shall be clean, dry and unobstructed. All dirt, debris, gasket lubricant, etc., shall be washed from the line by swabbing with hypochlorite solution and /or flushing with clean water. City personnel will supervise and direct the overall sterilization procedure. The Contractor, at his expense, shall provide all equipment, supplies, and the necessary labor to perform the sterilization under general supervision of the City. A. Procedure and Dosage All valves shall be arranged- to prevent the strong disinfecting dosage from flowing back into the existing water supply piping. The new pipeline shall then be completely filled with disinfecting solution by feeding the concentrated chlorine and approved water from the existing system uniformly into the new piping in such proportions that every part of the line has minimum concentration of 50 parts per million (50 ppm or 50 mg /liter) available chlorine. Unless otherwise indicated, all quantities called for herein refer to measurements by the testing procedures in the current edition of "Standard Methods ". The chlorine concentration of each step in the sterilization procedure shall be verified by chlorine residual determinations. This disinfecting solution shall be retained in the piping for at least 24 hours and all valves, hydrants, etc., shall be operated to disinfect all their parts. After this retention period, the water shall contain no 15 less than 25 parts per million chlorine throughout the treated section of the pipeline. This heavily chlorinated water shall then be carefully flushed from the line until the chlorine concentration is no higher than the residual generally prevailing in the existing distribution system or approximately one part per million. Proper planning and appropriate preparations to handle, dilute and dispose of this strong chlorin solution without causing injury or damage to the public, the water system or the environment must be approved by the City before flushing of the line may begin and the flushing shall be witnessed by an authorized representative of the city. Bacteriological Testing After final flushing of the strong disinfecting solution, water samples from the line shall be tested for bacteriological quality by the City and must be found free of coliform organisms before the pipeline may be placed in service. One test sample shall be drawn from the end of the main and additional samples collected at intervals of not more than 1000 feet along the pipeline. The Contractor, at his expense, shall install sufficient sampling taps at intervals not to exceed 1000'. Each sampling tap shall consist of a quick coupler "Tee'O" directly off the domestic water main. Samples for bacteriological analysis shall be collected only from suitable sampling taps in sterile bottles treated with sodium thiosulfate. Samples shall not be drawn from hoses, fire hydrants, etc. The City, at its expense, will furnish the sterile sample bottles and may, at its discretion, collect the test samples with City personnel. If the initial disinfection fails to produce acceptable sample tests, the disinfection procedure shall be repeated (without extra compensation) until satisfactory test results have been obtained before the piping may be placed in service. 3.17 TESTING AND FINAL ACCEPTANCE - IRRIGATION SYSTEM 16 A. All testing called for in the specifications is to be carried on under the supervision of the Landscape Architect. Provide 48 HOURS NOTICE that such tests are to be conducted. B. Pipe Pressure Test: 1. The sprinkler main shall be tested for a period of no less than sixteen (16) hours under normal water pressure and proved tight. If leaks occur, the joint• or joints shall be replaced and the test repeated. 2. All laterals shall be tested for a minimum of 1 hour. C. All tests shall be completed prior to backfilling. However, sufficient backfill material may be placed in trenches between fittings to insure stability of the line under pressure. In all cases, fittings, thrust blocks, and couplings must be open to visual inspection for the full period of the test. D. Correct and repair all leaks and defects. Retest piping prior to backfilling. E. Test all sprinkler heads, joints valves, controllers for leaks or defects. Correct all discrepancies prior to final adjustments, and final inspection. 3.18 FINAL ADJUSTMENT - IRRIGATION SYSTEM 17 A. After installation has been completed, final adjustment shall be made of sprinkler system preparatory to the Landscape Architect's final inspection. B. The system shall be completely flushed to remove any and all debris from lines by removing nozzle from all heads on ends of lines and turning on system. C. All sprinklers shall be checked for proper operation and proper alignment for direction of throw. D. Each section of spray heads shall be checked for operating pressure and balanced to all other sections by use of the flow adjustment on top of each valve. E. All nozzling shall be checked for proper coverage. Prevailing wind conditions or landscape arc configuration may indicate that arc or angle of spray should be other than as shown on Drawings. In this case, nozzles shall be changed to provide correct coverage at no additional expense to the Owner. F. Contractor shall confer with the Owner and Landscape Architect prior to setting and adjusting automatic controllers to desired operating times and duration. The operating sequences of the controllers shall not overlap each other unless approved by the Owner. 3.19 AS -BUILT DRAWINGS AND SUBMITTALS 3.20 CLEAN UP A. Provide "as- built" MYLAR REPRODUCIBLE record drawings. The drawings shall indicate all changes in line and sprinkler head locations as well as material substitutions and line sizes. Mylar reproducibles shall be provided by the Owner. B. Furnish the Owner with catalogs, manufacturer's maintenance manuals and applicable warranties for all equipment installed. A. Clean the site daily of trash and debris resulting from construction operations. All walks, roads and circulation routes shall be kept clean and free from debris, material and equipment. B. Upon completion of the work covered by this section, clean up all work areas by removing spoil piles, surplus material and equipment from the site. The ground surface shall be restored to its original condition. End of Section 18 1 T H E A M E R 1 U A 1r AGREEMENT and the Contractor: (Name and address) The Project is: (Name and location) Landscape The Architect is: (Name and address) I N J 1 1 1 U 1 r. J r n o , 11 1 1 n b 1 AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America, made as of the twenty- second (22nd) day of December in the year of Nineteen Hundred and eighty -eight (1988) BETWEEN the Owner: The City of Round Rock (Name and address) 221 East Main Street Round Rock, Texas 78664 Phoenix Irrigation, Inc. 1125 -C Regal Row Austin, Texas 78748 Landscape Irrigation Improvements Palm Valley Park - Baseball Complex City of Round Rock, Texas Texas Local Park Fund Project No. 20 -00264 Belanger & Smith Associates, Inc. 712 -C W. 14th Street Austin, Texas 78701 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958. 1961, 1963, 1967, 1974, 1977, 81987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will he subject to legal prosecution. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. . WASHINGTON. DC. 2(10IK0 A101 -1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Irrigation systems as specified within the "Project Manual ", dated October 10, 1988, Section 02441— Underground Irrigation System /Domestic Water Main, and as per plans, Sheets L1 through L2 dated October 10, 1988, as prepared by Belanger & Smith Associates, Inc. The Unit prices provided by the contractor in his December 5, 1988 Bid Proposal for work to be added or deleted as determined by the Owner shall not be changed or withdrawn from this contract. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION • 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (insert the date of commencement, if it differs from the date r f 102s Agreement or. If applicable, state That the dale will he fixed in a notice 10 prxeed.) DATE OF COMMENCEMENT: TUESDAY, DECEMBER 27, 1988 Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar dare or number of calendar days after The date of commencement. Also insert any requirements far earlier Substantial Completion of cer- tain portions of ibe Work, if nol stated elseu'bere in the Contract Documents.) Wednesday, March 1, 1989 , subject to adjustments of this Contract Time as provided in the Contract Documents. rinser! provisions. if any, for liquidated damages relating lo (cohere To complete on time.) NONE AIA DOCUMENT 5101 • OWNF..R.CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • • ©1957 THE AMERICAN INSTITUTE OF ARCIIITECTS. 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 25206 A101 -1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Fifty Four Thousand Two Hundred Seventy Three 00/00 Dollars ($ 54, 273.00 7, subject to aOdttions and deductions as provided in the Corn tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Stale the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the dale until which that amount is said) 4.3 Unit prices, if any, are as follows: Reference attached bid proposal package prepared and submitted by the contractor December 5, 1988. EXHIBIT "A" AIA DOCUMENT AlDl • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • 01907 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 A101 -1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be ene-esdelitlar- rt3er3tkead+ng-ar++Be4list-daye t#texrtnFl %mar r.,II., °"' up to and through the twenty -fifth day of the month. 5.3 Provided an Application for Payment is received by the Architect not later than the twenty -fifth (25th) day of a month, the Owner shall make payment to the Contractor not later than the fifteenth (15th) day of the next m nth. € - AppiieaFieR{ee- Payment- is -rec- - 41bw -l— AK4iiteefaftef4ke- appliestiera {.tatedabove,-payralert s aU be - ade s rr Glaunesnet 1'rP. .n,r . eaysxker -t e- AfeBirec-iYeceives-ihe- hpplic —agea- for- Pawa€at. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate 6s accuracy as the Architect may require. This Schedule, unless Objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject 10 the provisions of the Contract Documents, the amount of each progress payment shall he computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent ( 10 'Xi). Pending final determination of cost to the Owner of changes in the Work. amounts not in dispute may he Included .LS provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add Mat portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of not applicable percent ( NA TO 5.6.3 Subtract the aggregate of previous payments made by the Owner; and - 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para. graph 9.5 of the General Conditions. 5.7 The progress payment amount determined m accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to • Ninety per 90 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: ( ffit- ia- ieereredeeirpri,rrxr.SnMrnrMieri inrerykkorc-ef- a•-e gti, M- nedm-ewr- li.xihrAU- revwiwgro,e .tii.4 Wywa'wuugae suca• arLiy.'•k'Ya r4YWji�w4rwa.wwl- 11+iFa++ui „ r / , ..r....l r .,....,, ul iyfst�Ll rert-0+ t(l tt S�4L311[: IL .L'1[IlllUl111r.IlL1l(Ltlftlf.l All applications for requests shall be via AIA Docuent G702 and Continuation Sheet G703. All payment requests shall be notarized, and submitted in triplicate. AIA DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • 019x' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W. WASHINGTON, D.C. 20006 A101 -1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1 ) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12,2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Final payment of the entire unpaid balance and all retainage to bring the total compensation to 100% shall be made upon the resolution of all unsettled claims, the final written recommendation by the Landscape Architect and acceptance by the owner. Certificate for final payment shall be accompanied with, AIA Document G704, Certificate of Substantial Completion, AIA Document G702 -A, Contractor Release of Liens All documents shall be notarized and submitted in triplicate. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to 2 provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall hear interest from the date payment is due at the rate stated hek sv. or in the absence thereof, at the legal rate prevailing from time to tine at the place where the Project is located. rinsert rale u/ Danrest agreed upon. if any l NONE (Usury laws and requirements under the Federal Truth in Lending Act. similar state and local consumer creche laws and other regulations at the Owner and Contractor's principal places of business. due location of the Project and elsewhere may affect the t•alidily of this provision. Legal advice should be obtained with respect to deletions or modifications. and also regarding requirements such as written disclosures or Wailers 7.3 Other provisions: NONE ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • 010 • 0198' THE AMERICAN INSTITUTE OF AKA IITE(:TS, 1735 NEW YORK AVENI IF., NW., WASHINGTON, D.C. 201106 A101 -1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows, 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document AIOI, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AlA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated August 1976 , and are as follows: Document Title Pages REFERENCE ATTACHED EXHIBIT "B ", PROJECT MANUAL, DATED OCTOBER 10, 1988. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Hither I/O the specificati lair or rejc'r to an exhibit attached to his Agreement.) Section Title Pages REFERENCE ATTACHED EXHIBIT "B ", PROJECT MANUAL, DATED OCTOBER 10, 1988. AIA DOCUMENT A101 • C )WNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • ©1987 TI I AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW' , WASHINGTON. D.C. 200(X A101 -1987 6 9.1.5 The Drawings are as follows, and are dated (Either list the Drawings here or refer to an exhibit attached to tbis Agreement.) Number Tide L1 L2 9.1.6 The Addenda, if any, are as follows: Number One AIA DOCUMENT AlO1 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARC/ IITECTS. 17)5 NEW YORK AVENUE. N.W.. WASHINGTON. D.C. 100R, unless a different date is shown below: Date Domestic Water Line & Landscape Irrigation Improvements October 10, 1988 Landscape Irrigation System October 10, 1988 Date Pages November 28, 1988 one of one Portions of Addenda relating to bidding requirements are not pan of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. A101 -1987 7 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (Gist here any additional documents which are intended to form part f the Conlrna Documents. The GeneralConditios provide that kidding requirements such as advertisement or ineitatton to bid, Instructions to Bidders. sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed bete only if intended to be part of the Contract Documents.) The Irrigation Contractor shall provide as built plans for the irrigation system and Domestic Water Main to the Landscape Architect prior to requesting Final Payment. The Landscape Architect shall provide reproducibles to the Contractor to prepare as built plans This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. DATE: (SI,Qnatrlre) N'rhded ,rant! and lnlr) OWNER: City of Round Rock, Texas DATE: l24 c ��'S t CONTRACTOR: Phoe x Irrigation, Inc. AIA DOCUMENT A101 • t )WNER'CONTI/A(:TOR A(IREIinIENT • 'rwrLn11 EDITION • AIA`• • ../1911 THE AMERICAN INSTITI:I'E OF ARC] IITE :T5. 1735 NEW YORE AV'F.NI'E, N.W., WASHINGTON. O.(:. 2(01k, 7 joi-kn) C,_Scc 7 )c2S I Da 1'r (Broiled muse aa,t title) A101-1987 8 1 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Mr. Bob Belanger c/o Phoenix Irrigation Incorporated 1125 C Regal Row Austin, Texas 78748 Mr. Belanger: This letter is to confirm that Abba Indemnity will issue a performance and payment bond for Phoenix Irrigation in the amount of fifty -five thousand dollars ($55,000.00) for the above named project. Should you have any questions please feel free to contact me at my office at 1- 800 -22- TEXAS- Very Iryly yours, -- Ruth Santa Attorney -in -Fact RS:klh P.O. BOX 230367 HOUSTON, TEXAS 77223 - 0367 December 16, 1988 Re: City of Roundrock Ball Field • (713) 924-5000 TYPE OF INSURANCE ■— POLICY NUMBER AND ISSUING COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS OF LIABILITY ■ • GENERAL LIABILITY Premises— Operations Products — Completed Operations Personal and Advertising Injury ir lit Medical Expense Fire Damage Legal Other Liability 78 PR 002 - 780 -0001 NATIONWIDE INSURANCE 12/21/88 12/21/89 General $1,000,000 Aggregate Pr. Comp. Op. Agg. $1,000,000 Each Occurrence S 500,000 Any One Person $ 500,000 or Drganizalion Any One Person $ 5,000 Any One Fire $ 50,000 I 'TOMOBILE LIABILITY ® Comprehensive Form - Owned - Hired Non.Owned ' EXCESS 78 BA 002 -780 -0003 NATIONWIDE INSURANCE 12/21/88 12/21/89 Bodily Injury OCCURRENCE (Each Person) Bodily Injury (Each Accident) Property Damage Bodily Injury and Property Damage $ 500, 000 Combined LIABILITY Umbrella Form 78 CU 002 -780 -0005 NATIONWIDE INSURANCE 12 21/88 / 12/21/89 Bodily Injury and Occ. $1,000,000 Property Damage Agg. $1,000,000 Combined Ca Workers' Compensation and II Employers' Liability ; Em p y 78 WC 002- 780 -0002 NATIONWIDE INSURANCE _ 12/21/88 12/21/89 STATUTORY LIMITS Bodily Injury Each Accident by Accident $500,000 Bodily Injury Policy Limit by Disease ase $500 000 Bodily Injury Each Employee • by Disease $500,000 i d . Certificate of Insurance The Company indicated below certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate. This Certificate of Insurance does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained . any policy or policies numbered and described below. 1 1 1 1 atr,rlifiwle Issued as. 3640 t7 -871 Certificate Holder's Name and Address: CITY OF ROUND ROCK PARKS AND RECREATION DEPT. 7 este in lace only for hazards indicated by 1. )escription of Operations /Locations/ /e 'cles /Restrictions /Special Items RE: OLD SETTLERS PARK 12/16/88 Counlersigneda1 AUSTIN, TEXAS Insured's Name and Address: PHOENIX IRRIGATION 1125C REGAL ROW AUSTIN, TX 78748 DESCRIPTIVE SCHEDULE , AulhorUed Represe w EN SCHYL I INIAI Ith NSUR CE WILM - . . atIonwIdellion urelde CERTIFICATE OF INSURANCE . . !Ile Lti - enuisa alter th:_• Ta:rts Err: Cla ar Inaltdo.,.... acktmage cont ained in any policy o-r palici. Corm indicated belog certifi. that t.1 irsurare -affix ly tJ Hicy or policies nurbszed and rbs:ribzid r is in force as of the efectiw (lin of this oar ' tificate. 'this Ozrtificate crf Irsumrr:e dces rrt arend, elthend, i nbaal arrl cl=i1xxl ,A-10.7. (.,.rtifir..ets !his tr's I' ',Ere & Insured's 7. art ActIcs 1 1 (JA' OF :CITE 1:1 MTS A , WEE CF BUMF GENERAL LIABILITY /X Prccluts-OzipleteC Opa X Prarlian-Q,aricns IX P arra Pcivatidnrj Injury - Any Q ParsEn 78ER �Q-7)-�)O1 12/21/87 12/21/88 - ar Urfartizatial X 1-121ical Flkcense I/88111.MIE MIME - /Ty Q 8a Fire rem=e Lay - ch2 Ott=' Liability EXCESS LIABILITY Utralla 8E: OLD Sir:TILERS PARK IMIWICTI, DE. 1129C ICTE PLETD1, 'IX 78743 FM= FRYER AC EMILY FCLICY IMUIC C1:144$1Y EEFICENE rap11l=4- Limas a MOM EWE E AV A.002 12/21/87 12/21/38 DR112sbEE - Ganaral - Pgiregate - Pr.Catp.qp.AIr - EaEil OIua nxiily Injury and Occ. $1,000,000 702U CO2-730-0005 07/28/88 12/21/88 - Papalir-eirry2 Ag $1,000,000 :Amu:LE ItialrttE - Clrbina". IX Waders Ompansedaak - STATUTORY LIMITS - axlily Injury 7 Amiclent 7a-c 002-780-0002 12/21/87 12/21/88 - .02 :P c'hrk 11500,000 ald 7 .7{Fra I ME DafraCE — 111 - Pcra_ly Injury Polity Limit - iv Di $5w, cop X Biplcker's 7. - II - - .: Injury LbEti. aployce by Dir.ese $500,000 in face ally far hEeards inthoabarl Ly X. ription of 'Operations/Locations/Vehicles/Restrictions/Special Itea 1:1ICRPITVE alEU.LE $1,000,000 $1,000,000 $ 500,000 $ 500,000 $ 5,000 $ 50,030 ax- Injury CO:IR Pa fl Injury iccice aqz-arty avap Pail- Thjucy a. 9.0,0CK) QT 1 „ r Oactifiate Tc-are,- j2/09/36 Cbuntanigned At: :Irwin, mos . - 47 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM 1: ADDENDUM ONE NOVEMBER 28, 1988 LANDSCAPE IRRIGATION IMPROVEMENTS FOR OLD SETTLER'S PARK AT PALM VALLEY FOR BASEBALL COMPLEX -PHASE ONE CITY OF ROUND ROCK The City of Round Rock In cooperation with Texas Local Park Fund State Project No.: 20 -00264 REFERENCE PAGE FOUR (4), SUPPLEMENTARY CONDITIONS OF THE PROJECT MANUAL, DATED OCTOBER 10, 1988, ITEM 11.3 - PROPERTY INSURANCE, DELETE: THE LETTERS NPC, ADD: THE OWNER. ITEM 2: REFERENCE PAGE ONE (1), SPECIAL CONDITIONS OF THE PROJECT MANUAL DATED OCTOBER 10, 1988, ITEM SEVEN (7), WATER FOR WORK, DELETE: DESCRIPTION AND ADD: THE CITY WILL PROVIDE THE WATER AT NO COST, AT THE LOCATION SHOWN ON THE PLAN. THE WATER SHALL BE USED ONLY FOR WORK RELATED TASKS, SUCH AS FLUSHING LINES, STERILIZATION OF DOMESTIC WATER MAIN, TESTING AND ADJUSTING IRRIGATION HEADS. THE CONTRACTOR SHALL BE CHARGED FOR THE CARELESS USE OF WATER, SUCH AS LINE BREAKS ETC. 1 1 1 OLD SETTLER'S PARK 1 AT PALM VALLEY 1 1 LANDSCAPE IRRIGATION IMPROVEMENTS ' BASEBALL COMPLEX -PHASE ONE 1 PREPARED FOR 1 THE CITY OF ROUND ROCK TEXAS 1 PARKS AND RECREATION DEPARTMENT 1 1 TEXAS LOCAL PARK FUND STATE PROJECT NO. 20 -00264 1 1 OCTOBER 10,1988 1 1 1 a 1‘• � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 October 10, 1988 Old Settler's Park at Palm Valley Landscape Irrigation Improvements Baseball Complex - Phase One A City of Round Rock Development Round Rock, Texas Texas Local Park Fund State Project No. 20 -00264 Prepared by: BELANGER & SMITH ASSOCIATES, INC. Landscape Architecture Development Planning 712 -C West 14th Street Austin, Texas 78701 (512) 472 -4868 TABLE OF CONTENTS INVITATION TO BID INSTRUCTION TO BIDDERS INFORMATION REQUESTED OF BIDDERS PROPOSAL UNIT PRICES PERFORMANCE & PAYMENT BONDS GENERAL CONDITIONS SUPPLEMENTAL CONDITIONS SPECIAL CONDITIONS TECHNICAL SPECIFICATIONS - LANDSCAPE IRRIGATION SYSTEM DOMESTIC WATER MAIN INVITATION TO BID - PROJECT: Landscape Irrigation Installation of eight ballfields and domestic water main lines at Old Settler's Park at Palm Valley for the City of Round Rock. Plans, specifications and bidding documents may be obtained from the office of the landscape architect, Belanger & Smith Associates, Inc. or the City Parks and Recreation Department by depositing Twenty -five Dollars ($25.00) per set. The check shall be made payable to the City of Round Rock. The deposit shall be refunded provided the documents are returned in good condition at the same time the bids are submitted to the City Secretary. SUBMIT BIDS TO: Joanne Land, City Secretary 221 East Main Street, City Hall Round Rock, Texas 78664 UNTIL: 10:00 A.M., Monday, December 5, 1988 Bids received after this time will not be accepted and returned unopened. The public bid opening will commence in the City Council Chambers on December 5, 1988 at 10:00 A.M. Bid or Bids shall be awarded only upon the review and recommendation of the City Parks and Recreation Department to the City Council at the next available City Council Meeting. Additional information with regards to the plans and specifications may be obtained from: Belanger & Smith Associates, Inc. 712 -C West 14th Street Austin, Texas 78701 (512) 472 -4868 Contact: Robert Belanger NOTICE: One pre bid conference will be conducted on Wednesday, November 30, 1988 at 4:00 P.M. in the City Council Chambers. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INSTRUCTIONS TO BIDDERS To be considered, Bids must be made in accord with these instructions to Bidders. EXAMINATION: Bidders shall carefully examine the documents and the construction site to obtain first -hand knowledge of existing conditions. Contractors will not be given extra payments for conditions which can be determined by examining the site and documents. QUESTIONS: Submit all questions about the Drawings and Specifications to the Landscape Architect in writing. Replies will be issued to all bidders of record as Addenda to the Drawings and Specifications and will become part of the Contract. The Landscape Architect or Owner will not be responsible for oral clarification. SUBSTITUTIONS: To obtain approval to use unspecified products, bidders shall submit written requests at least five days before the bid date and hour. Requests shall clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability. If the product is acceptable, the Landscape Architect will approve it in an Addendum issued to all bidders on record. The Landscape Architect does not bind himself to consider substitutions that will tend to delay ordering or delivery of materials and hinder work progress. BASIS OF BID: The bidder must include all unit costs and /or base bid shown on the Bid Forms. Failure to comply may be cause for rejection. No segregated Bids or assignments will be considered. PREPARATION OF BIDS: Bids shall be made on unaltered Proposal Forms, a copy of which is included in the Specifications. Fill in all blank spaces and submit two copies. Bids shall be signed with the legal name of the corporation and the legal signatures of an officer authorized to bind the corporation to a contract. SUBMITTAL: Submit bid in an opaque, sealed envelope. Identify the envelope with: (1) project name, (2) name of bidder. Submit bids in accord with the Invitation to Bid. MODIFICATION AND WITHDRAWAL: Bids may not be modified after submittal. Bidders may withdraw Bids at any time before bid opening. DISOUALIFICATION: The Owner reserves the right to disqualify Bids, before or after opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of the bidder. BID PROPOSAL LANDSCAPE IRRIGATION IMPROVEMENTS FOR OLD SETTLER'S PARK AT PALM VALLEY FOR BASEBALL COMPLEX-PHASE CITY OF ROUND ROCK (Address) A. INSTALLATION BID: Prepared For The City of Round Rock In cooperation with Texas Local Park Fund State Project No.: 20 -00264 October 10, 1988 PROPOSAL OF: Phoenix Irrigation, Inc. Date: December 5, 1988 1125C Regal Row Austin, TX 78748 TO: Joanne Land, City Secretary 221 East Main Street Round Rock, Texas 78664 CHECK ONE: (Corporation) (Individual) (Partnership) Having carefully examined the Specifications and Drawings, and Addenda to the Specifications and Drawings, as well as the premises and all the conditions affecting the work, the undersigned proposes to furnish all labor, materials and equipment necessary to complete the entire work in accordance with the above documents for the following sum(s): We propose to furnish all labor, materials, taxes, testing, permits, equipment, tools and services required to complete in accordance with the specifications and conditions contained herein and shown on the accompanying drawings dated October 10, 1988. 1 August 10, 1988 City of Round Rock Page 2 of 3 Proposal Base Bid Proposal: A. Landscape Irrigation System Thirty -Nine Thousand Seven Hundred Seventy -Nine ($ 37,779.00 ) B. Domestic Water Main Fourteen Thousand Four Hundred Ninety -Four ($14,494.00 dollars dollars C. Sum Total of Base Bid A and B Fifty -Four Thousand Two Hundred Seventy -Three dollars ($54,273.00 We will install and make both systems entirely operational within 60 calendar days. The undersigned agrees, if awarded the Contract, to execute to commence and complete all work as outlined by the Drawings and Specifications. It is understood that the City of Round Rock reserves the right to accept or reject any and all bids and to accept not necessarily the lowest bid, and to waive all informalities. It is further agreed that this bid shall be valid and not with drawn for a period of sixty (60) days from the date of opening thereof. It is understood that all employees directly employed on the work shall not be paid less than the minimum wage by the contractor as regulated by the State of Texas and the Federal Government. August 10, 1988 City of Round Rock Page 3 of 3 Proposal Receipt is hereby acknowledged of the following addenda: 1 2 3 Submitted by, John C. Sofyanos Title: President 4 Phoenix Irrigation, Inc. 5 1125C Regal Row, Austin, TX 78748 (Business Address) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ADDENDUM ONE NOVEMBER 28, 1988 LANDSCAPE IRRIGATION IMPROVEMENTS FOR OLD SETTLER'S PARK AT PALM VALLEY FOR BASEBALL COMPLEX -PHASE ONE CITY OF ROUND ROCK The City of Round Rock In cooperation with Texas Local Park Fund State Project No.: 20 -00264 ITEM 1: • REFERENCE PAGE FOUR (4), SUPPLEMENTARY CONDITIONS OF THE PROJECT MANUAL, DATED OCTOBER 10, 1988, ITEM 11.3 - PROPERTY INSURANCE, DELETE: THE LETTERS NPC, ADD: THE OWNER. ITEM 2: REFERENCE PAGE ONE (1), SPECIAL CONDITIONS OF THE PROJECT MANUAL DATED OCTOBER 10, 1988, ITEM SEVEN (7), WATER FOR WORK, DELETE: DESCRIPTION AND ADD: THE CITY WILL PROVIDE THE WATER AT NO COST, AT THE LOCATION SHOWN ON THE PLAN. THE WATER SHALL BE USED ONLY FOR WORK RELATED TASKS, SUCH AS FLUSHING LINES, STERILIZATION OF DOMESTIC WATER MAIN, TESTING AND ADJUSTING IRRIGATION HEADS. THE CONTRACTOR SHALL BE CHARGED FOR THE CARELESS USE OF WATER, SUCH AS LINE BREAKS ETC. LANDSCAPE IRRIGATION UNIT PRICES: In - the event a greater or lesser amount of work is done, the following uit prices will apply. Unit prices cover the cost of work and materials in place, including all materials, equipment, labor, takes, overhead, profit, maintenance and guarantee required to render the same'complete. IRRIGATION SYSTEM( ADD/ DELETE/ ITEM DESCRIPTION COST For furnishing and placing, complete and in place with all necessary fittings for attachment of any required appurtenance: 1/2" Black ABS Plastic (Irrigation) • /LF 1/2" PVC Class 315 (Irrigation) • /LF 3/4" PVC Class 200 (Irrigation) . /LF 1" PVC Class 200 (Irrigation) . /LF 1 -1/4" PVC Class 200 (Irrigation) 1.20 /LF 1 -1/2" PVC Class 200 (Irrigation) 1.50 /L. 2" PVC Class 200 (Irrigation) 2.30/LF 2 -1/2" PVC Class 200 (Irrigation) 3.05 /LF 3" PVC Class 200 (Irrigation) 5.30/LF 2" PVC Schedule 40 (Irrigation) 2 /LF 3" PVC Schedule 40, AWWA C -900, Class 200 6.50 /LF 4" PVC AWWA C -900, Class 200 8.00 /LF Hunter I -25 Series Gear Driven Rotary w/ flexible PVC joint 42.00/EA Hunter I -20 Series Gear Driven Rotary w/ flexible PVC joint 27.00 /EA Rainbird 1804 Pop -Up Sprays w /MPR plastic nozzles 3.75/EA 2" Double gate, double check valve assembly in structural plastic vault with cover 280.00 /EA 1" Quick coupler valve in valve box 60.00 /EA 1" Ball valve in valve box (Irrigation) 1-1/2" Bali valve in valve box (Irrigation) 2" Ball valve in valve box (Irrigation) 3" Ball valve in valve box (Irrigation) 4" Ball valve in valve box (Irrigation) 1 -1/2 "• Bronze Gate Valve (Domestic Water) 2" Bronze Gate Valve (Domestic Water) 3" Cast Iron Gate Valve (Domestic Water) 4" Cast Iron Gate Valve (Domestic Water) 7 Station irrigation controller, as specified 18 Station irrigation controller, as specified 1" Electric valve 1-1/2" Electric valve 2" Electric valve 3" Electric valve Rain Check, installed 7" Diameter Plastic Valve box 10" Diameter Plastic Valve box Rock Saw with operator Trenching Machine with operator Job Foreman Laborer 30.00 f EA _ 50.00 /EA 60.00 /EA 165.00 /EA 280.00 /EA 50.00 /EA 60.00 /EA 280.00 /EA 370.00 /EA 235.00 /EA 670.00 /EA 45.00 /EA 68.00 /EA 95.00 /EA 210.00 /EA 60.00 /EA 6.50 /EA 24.00 /EA 105.00 /HR 35.00 /HR 18.00 /HR 7.50 /HR INFORMATION REQUIRED OF ALL BIDDERS All bidders are required to supply the following information with the bid proposal form. Additional sheets may be attached if necessary. (1) Address 1125 -C Regal Row, Austin, Texas 78748 (2) Telephone (512) 282 -7394 (3) Type of firm: ( )Individual, ( )Partnership, ( x )Corporation (4) Corporation organized under the laws of the State of Texas (5) List the names and address of all members of the firm or names and titles of all officers of the corporation: John C. Sofyanos, President S. J. Sofyanos, Sole Stockholder 302 Timpanagos 22 Fieldstone (6) ( ( ( Austin, TX 78734 Coventry, CO 06238 Number of years experience 17 Years Bidders Texas Irrigators License Number JCS - 476, SS 753 List at least (3) projects completed as of recent date: Contract Amount Date Completed Name and Address $24,000 05/30/88 of Owner City of Round Rock Stillhouse Canyon $22,000 07/01/88 Clifton Lind 343 -0996 South Central Elementary School $21,000 07/01/88 Jim Keener 441 -1900 Have you had any complaints against your company by the Texas Irrigation Board or the Better Business Bureau? X NO YES IF YES/ PLEASE EXPLAIN: (10) List the name and address of each subcontractor who will perform work in or about the work or improvements in excess of one -half (1/2) of one percent (1 %) of the total bid price and indicate what part of the work will be done by each subcontractor. OM Address Work to be Performed Ronnie Derrick Austin, Texas Meter Vault Tx Water Consul. Austin, Texas Sanitization (11) Payment of Taxes, in the State of Texas Yes X No (12) If requested by the Owner, the Selected Bidders) shall submit a notarized financial statement, financial data or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. PERFORMANCE BOND The Owner will require the Contractor to furnish a Performance Bond signed by the Contractor as Principal and by an established reputable bonding or insurance company (satisfactory to the Owner) as Surety, on the Standard American Institute of Architects form, or approved equal, in the penal sum of one hundred percent (100 %) of the Contract Price, as security for the faithful performance of all work included in the contract, and a separate bond, also in the penal sum of one hundred percent (100 %) of the Contract Price, on a Texas Statutory Payment Bond Form, as security for the payment of all costs for labor and materials on account of the work. This bond shall remain in full force and effect from the date of signing the Contract until the expiration of the one (1) year guarantee. The cost of the Performance Bond shall be included in the bid price. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GENERAL CONDITIONS END OF GENERAL CONDITIONS Page 1 The General Conditions for the project shall be the standard for of "General Conditions of the Contract for Construction ", "A.I.A. Document A- 201 ", Thirteenth Edition, August 1976, as prepared by the American Institute of Architects. The "General Conditions of the Contract for Construction" constitutes an official document and shall govern the entire contract and its operations as amended by the "Supplementary General Conditions and Special Conditions ", included in the Contract Documents. SUPPLEMENTARY GENERAL CONDITIONS SUPPLEMENTS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction ", "A.I.A. Document A- 201 ", Thirteenth Edition, August 1976. Where any Article of the General Conditions is modified or deleted by these supplements, the unaltered provisions of that Article, Paragraph, Subparagraph or Clause remain in effect. ARTICLE 1 - CONTRACT DOCUMENTS 1.1.1 1.1.5 MISCELLANEOUS DEFINITIONS 1.1.5.1 The term "product" as used in these Supplementary General Conditions includes materials, systems and equipment. 1.1.5.2 The term "provide" as used in these Specifications means to furnish and install. 1.1.5.3 The word "Landscape Architect" where used in the Contract Documents means the same as "Architect" as defined in the General Conditions. ARTICLE 3 - OWNER 3.5 OWNER'S OCCUPANCY 3.5.1 The Contractor shall agree that the Owner (City of Round Rock) may occupy or use portions of the work before substantial completion of entire work, and further agrees that such use or occupancy of portions of the work shall not in any way evidence the substantial completion of the entire work or signify the Owner's acceptance of the entire work. ARTICLE 8 - TIME 8.2 DEFINITIONS Page 1 Modify the first sentence by inserting the following after the work "Specifications ": Advertisement for Bids, Instructions to Bidders, Proposal Form. 8.2.2 Change first sentence to read, "The Contractor shall begin the work within ten (10) days from the notice to proceed (date of commencement) as defined in subparagraph 8.1.2 ". 8.3 DELAYS AND EXTENSIONS Page 2 8.3.5 Extensions of time shall be allowed for rain, snow, sleet, hail or other weather conditions which delay work only upon written request, review and acceptance by Owner or his representative. Floods, tornados, or other extremely severe weather conditions which damage the work in progress on the site, shall be allowed "extension time" to extend time required to restore the damage. ARTICLE 9 - PAYMENTS AND COMPLETION 9.3 PROGRESS PAYMENTS Add to Subparagraph 9.3.1 the following sentence: "The form of Application for Payment shall be furnished by the Landscape Architect and prepared by the Contractor and submitted in quadruplicate. 9.3.1.1 The application for monthly payment will be submitted monthly, provide two notarized applications to the Landscape Architect, on or before the 25th of each month, based on the application for payment date for work -in- place. Owner's payments will be released to Contractor by the 15th of the following month. 9.3.1.2 The Owner will retain ten percent (10 %) of the amount due to the Contractor for a maximum of 45 days following written final acceptance of the completed project by the landscape architect. ARTICLE 11 - INSURANCE Maintain insurance as described in Article 11 of the General Conditions of the Contract for Construction, written for the minimum limits of liability and with the further provisions hereinafter specified. Maintain insurance with a reliable company (having at least "AA" or better financial rating and "A +" or better general policy holder's rating according to latest A.M. Best Report) of Contractor's choice, acceptable to, approved by Owner, 11.1 CONTRACTOR'S LIABILITY INSURANCE Page 3 authorized to do business in the State where project is located. The Contractor shall require his subcontractors to carry life insurance (with adequate limits) that referred under this heading. 11.1.1 In the first line following the word "maintain ", insert the words "in a company or companies licensed to do business in the State in which the project is located. 11.1.1.6 Liability Insurance shall include all major divisions of coverage and be ona comprehensibe basis including: 1. Premises - Operations (excluding X -C -U). 2. Contractor's Protective. 3. Products and Completed Operations. 4. Contractual - including specified provisions of the Contractor's obligations under Paragraph 4.18, Indemnification. 5. Owner, non -owner and hired motor vehicles. 11.1.2 Add the following: 1. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: Statutory workman's compensation and occupational disease insurance covering Contractor's liability according to the laws of the states having jurisdiction; employer's liability insurance with minimum limits of $100,00. 2. COMPREHENSIVE GENERAL LIABILITY INSURANCE: Including contractual liability recognizing the liabilities imposed by this Contract and including product and /or completed operations liability against bodily injury. a. Bodily Injury Each person $250,000 Each occurrence $500,000 Aggregate $500,000 Page 4 b. Property Damage Each occurrence $250,000 Aggregate $300,000 3. COMPREHENSIVE AUTOMOBILE LIABILITY: a. Bodily Injury; Each person $500,000 (including death) Each occurrence 1,000,000 b. Property Damage Each occurrence $100,000 4. INDEPENDENT CONTRACTORS: Same as above. 5. CONTRACTUAL LIABILITY: Same limits as above. 11.1.3 Owner requires thirty days written notice prior to policy cancellation in lieu of fifteen. Add new clause: 11.1.3.1 Furnish one copy of certificates herein required for each copy of Agreement; specifically set forth evidence of all coverage required by 11.1.1 and 11.1.2. The form of the certificate shall be A.I.A. Document G -705. Furnish to the Owner copies of any endorsements that are subsequently issued amending coverage or limits. 11.3 PROPERTY INSURANCE (Delete all of 11.3) Add clause: The Contractor will be responsible for his materials and equipment and hereby waives (including Contractor's insurance carrier) all right of recovery from the Owner because of loss or damage to his material or equipment regardless of cost. The contractor whall make all necessary provisions which are acceptable to NPC to protect his work from vandalism or theft. Secured material storage areas will be permissable. ARTICLE 12 - CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.4 In the next to last sentence, delete the words, "as confirmed by the Architect" and add "without overhead or profit." END OF SUPPLEMENTARY CONDITIONS SPECIAL CONDITIONS Page 1 These Special Conditions shall be subject to the requirements of the General Conditions of the Contract as well as the Supplementary General Conditions. These Special Conditions shall be used in conjunction there with as a part of the Contract Documents. 1. PERMITS AND REGULATIONS: The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the work of this contract, and shall obtain all permits and pay all fees, licenses, and deposits required by law or ordinance to comply with the work of these specifications. 2. TAXES: The Contractor agrees, as part of his Bid, to assume full responsibility for payment of all Federal, State, and other forms of taxes, including sales tax, social security, old age benefit, unemployment, and income tax withholding. 3. PROTECTION OF MATERIALS: The Contractor shall properly and effectively protect all materials and equipment furnished by him during and after their installation. Materials,. Contractor's equipment, etc. may be stored on the premisses, but they shall be stored so as not to interfere with ingress and egresss to other contractors on the site in an area(s) approved by the Owner. Security of the area(s) will be the sole responsibility of the Contractor. 4. PROTECTION OF PUBLIC: The Contractor shall protect others using the site and shall take whatever steps are necessary to save them from harm. He shall erect barricades around all open excavations and equipment. 5. SIGNS: No signs or advertisements will be allowed to be displayed without the approval of the Owner. 6. COOPERATION WITH OTHER CONTRACTORS: The Contractor is reminded that other contractors may be working on the site. He is to cooperate fully with them and conduct his work so as not to interfere with their access to work. 7. WATER FOR WORK: The owner shall provide water from adjacent fire hydrants. Materials and equipment necessary to transfer water to the desired location will be the contractor's responsibility. 11. DRAWINGS AND SPECIFICATIONS: Page 2 8. ELECTRICAL ENERGY: Electrical energy required for construction will be provided by the Contractor. 9. MEASUREMENTS: Before ordering any material or doing any work, each Contractor shall verify all dimensions at the job site and shall be responsible for their accuracy. No extra charge or 'compensation will be allowed for differences between actual dimensions and those shown on the Drawings. Any difference which may be found shall be submitted to the Landscape Architect before proceeding with the work. 10. DIRECTION OF THE WORK: A. The Contractor shall be held responsible for the full direction and supervision of all work under this contract and shall give all instructions from the Landscape Architect or Owner to the work forces. B. The Contractor shall have on the job at all times while the work is in progress, a competent superintendent, acceptable to the Landscape Architect and Owner, who shall direct operations and receive instructions in the absence of the Contractor. The superintendent shall coordinate the work of his various subcontractors. A. The Contractor shall keep one copy of all drawings and specifications, memoranda and shop drawings at the job at all reasonable times, available to the Owner and the Landscape Architect. B. These specifications and accompanying drawings are to be interpreted according to their full intent, meaning and spirit, whether taken separately or together. Taken together, they shall be deemed mutually to explain each other and to be descriptive of the work to be performed under this contract. Should there be any discrepancy between the drawings and specifications. the drawings shall govern; between the descriptive writings on the drawings and the legend designating the materials,the descriptive writings shall govern. The large -scale details shall be followed in preference to smaller -scale drawings. Page 3 C. Should there be anything shown on the drawings and not described in the specifications or not shown on the drawings and described in the specifications, the same shall be fully executed and carried out as if drawn. shown, or described in both; and the Contractor is not to make any alterations or corrections on the drawings or in the specifications. Should any error appear, the same is to be referred to the Landscape Architect before the bids are submitted or the work is commenced, or as otherwise specified herein. 12. LAYOUT: The Contractor shall be rsponsible for accurately laying out all work under this contract and setting any necessary control points. All must be approved before work progresses. 13. DAMAGES: The Contractor shall be responsible for damage to the site or improvements thereon, including underground improvements, incurred through his execution of this work, and shall agree to have such damage repaired by a qualified workman. However, the cost of relocation of underground lines shall not be included in this contract, unless specifically noted on the plans or specifications. 14. SUBSTITUTIONS: Should a Contractor wish to substitute a product, he shall submit complete date on his product to the Landscape Architect at least 7 days prior to bid opening. Data submitted shall be complete enough for Landscape Architect to make an appraisal of product, including physical sample if necessary, without extensive research and investigation. Approval of such manufacturer's product shall be in writing and will be given at least 3 days prior to bid opening. Landscape Architect will investigate all such proposals and render final decisions as promptly as possible. Landscape Architect does not bind himself to consider substitutions that will tend to delay ordering of material and hence progress of work. Page 4 15. SAMPLES: Contractor shall submit such samples of materials requested in various technical sections of Specifications for approval of quality, appearance, design, etc. Materials requiring submittted samples shall not be ordered or delivered until said samples are approved by Landscape Architect. 16. COMPLETION REQUIREMENTS: A. Final Inspection: Landscape Architect will make final inspection of work included in Contract as soon as practicable after work is completed and ready for acceptance. If work is not acceptable to Landscape Architect at time of such inspection, he will inform Contractor in writing as to the particular defects before final acceptance will be made. B. Guarantee: Contractor shall guarantee in writing all work performed under Contract for a period of one year from date of acceptance in addition to those items which are guaranteed for longer periods under terms of the Contract. Upon written notice from Landscape Architect or Owner, Contractor shall remedy any defects due to negligence, faulty workmanship or faulty materials within a reasonable time frame agreed upon by both parties. C. After work is completed or substantially complete and before final payment is made, Contractor shall deliver the following applicable items to Owner: 1. Affadavit that all bills chargeable against Contract are paid in the form of waiver or lien. 2. All guarantees, warranties, and /or bonds as required on specific branches of the work including General Contract Guarantee as noted above. 3. Subcontractors and Suppliers List: A complete list of names, addresses and telephone numbers of all subcontractors and suppliers employed on the project shall be provided. Page 5 D. As -Build Drawings: Contractor shall, upon completion of project, furnish to Landscape Architect a complete set of reproducible drawings showing all changes and /or alterations in the work and constituting an "As- Built" set of drawings, whether or not they are covered by an official change order including deviations from all phases of work.' This is applicable only to the landscape irrigation system. 17. BID ITEMS /ALTERNATES: General: A. Bidders are required to submit additive and /or deductive amounts to the Bid as described in the Alternates, if Alternates are indicated on the Proposal Form. Failure to submit Alternate amounts in the spaces provided on the Proposal Form shall be basis for disqualification of Bid. B. The successful Bidder shall not modify, withdraw or cancel any of the Bid items or Alternates or any part thereof for 90 days after receipt of bids. C. Contractor shall be responsible for any changes in the Work affected by acceptance of any Alternates. Claims for extras resulting from changes caused by Alternates will not be allowed. D. Refer to Drawings and Technical Specifications sections for items of work affected by Alternates, if Alternates are indicated on the Proposal Form. END OF SPECIAL CONDITIONS PART I GENERAL 1.01 WORK INCLUDED SECTION 02441 LANDSCAPE IRRIGATION SYSTEM Domestic Water Main A. Furnish and install the underground landscape irrigation system including all products, equipment and labor required to complete the system as specified and shown on the Drawings B. System may include, but is not limited to: 1. Installing and testing domestic water main, irrigation lines, backflow prevention assembly ball valves and preparing and providing all fittings, assemblies and the water meter. The City will "drop" the water meter and connect. 1.02 QUALITY ASSURANCE A. Perform work in compliance with applicable requirements of governing authorities. B. Electrical Work: Conforming to State of Texas Codes and latest edition of the National Electric Code. 1.03 APPLICABLE STANDARDS 2. Electrical valves and wiring, valve boxes, controllers, sprinklers, quick couplers, valves and boxes, associated plumbing and electrical work accessories to complete the work. 3. Obtaining and paying for water meter permits, fees, inspections and water quality tests etc. as required for the installation of the domestic water main. A. ASTM D2241 -Poly (Vinyl Chloride) (PVC) Plastic Pipe (SDR -PR). (Irrigation system) 1 B. ASTM 2287 - Flexible PVC. (Irrigation system) C. ASTM D2464 - Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Threaded, Schedule 40. (Irrigation system) D. ASTM D2466 - Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Socket Type, Schedule 40. (Irrigation system) E. AWWA C-900 Class 200 PVC (Domestic Water Lines). F. AWWA C -500, Iron Body Gate Valve. G. AWWA C -110, Cast Iron Fittings. H. ASTM D2564 - Solvent Cements for Poly (Vinyl Chloride) PVC plastic pipe and fittings. I. ASTM D1557 - Standard Test Methods for Moisture - Density Relations of Soils. 1.04 WARRANTY AND GUARANTEE A. Provide a one year warranty against material, installation and operation defects. Repairs, adjustments and replacements of defective irrigation system materials and domestic water main, including materials which have been installed on the work during the warranty period shall be at Contractor's expense. B. Guarantee backfilling of irrigation system excavations and domestic water main for one year after completion of the work. C. At the end of one year after completion of the installation, provide maintenance of the irrigation system, including at least the following: 1. Raise or lower heads to compensate for settling of lawn areas. 2. Clean and adjust heads. 1.05 SUBSTITUTIONS A. Use of materials differing in quality, size or performance from those specified will only 2 be considered upon written approval of Landscape Architect, provided they are submitted at least 10 days prior to bid opening. Landscape Architect's decision will be based on comparative ability of material or article to perform fully all purposes of mechanics, product warranty and general design considered to be possessed by item specified. B. The sprinkler system has been designed specifically for use with equipment, as manufactured by manufacturer noted herein and on the drawings. Pipe sizes have been determined by computation of pressure losses in piping based on consumption and required operating pressure of specified sprinklers. Positioning and placement of sprinklers have also been determined by operating characteristics of specified sprinklers. C. Substitutions of sprinklers of another make will only be approved upon Contractor's submittal of data outlined below to establish that proposed alternate sprinkler will produce equivalent operation and intent of design of specified sprinkler system: 1. Actual samples of each type of sprinkler head proposed. 2. Manufacturer's catalog sheet showing full specifications of each type sprinkler proposed, including discharge in GPM, minimum allowable operating pressure at sprinkler, maximum allowable spacing and distance of throw (coverage). 3. Detailed pressure loss computations based on consumption of proposed sprinkler, if any one of three characteristics in subparagraph 2 above is at variance with specified sprinklers. These pressure loss computations must prove the proposed substitute sprinklers will perform in accordance with intent of designed sprinkler system. (If a design change is required, detailed drawings shall accompany rest for approval of substitute). Detailed pressure loss computation shall encompass the following: 3 1.06 TESTING 1.07 C0- ORDINATION 1.08 WORK SCHEDULE a. A total design pressure is noted on the Drawings. Design pressure is defined as maximum pressure required to overcome ALL pressure losses and leave a residual pressure at sprinkler not less than . the manufacturer's specifid minimum pressure requirements. b. •Pressure loss computations shall be based on an acceptable table of pressure losses for type and size pipe to be used. c. As pressure loss tables are for straight pipe only, an acceptable allowance shall be made for additional losses incurred in fittings. d. Allowance shall be made for pressure drop through valves based on specifications of manufacturer of each type valve. 4. Approval of substitute sprinkler shall not relieve Contractor of his responsibility to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. A. Perform testing required by specifications under supervision of City Project Manager and the Landscape Architect. Give 48 HOURS NOTICE that such tests are to be conducted. A. Anticipate "last minute delays" that may necessitate overtime work to complete the system on schedule. Coordinate irrigation work with other trades on the job site. A. Begin installation of the irrigation system upon notification by the City Project Manager. B. Work shall proceed continuously on the site, 4 PART II PRODUCTS 2.01 GENERAL 2.03 FLEXIBLE PVC NIPPLES with exception of bad weather days, until Project is completed and operable. A. Manufacturers: As noted herein and on the drawings. B. Irrigation Sprinkler Mains: Portion of piping from water meter to operating valves. This portion of piping is subject to surges, being a closed portion of sprinkler system. C. Lateral Piping: Portion of piping from operating valve to sprinkler heads. This portion of piping is not subject to surges, being an "open end" portion of the sprinkler system. 2.02 POLYVINYL CHLORIDE PIPE (PVC PIPE) A. PVC Pipe: Manufactured in accordance with standards noted herein. B. Marking and Identification: Continuously and permanently marked PVC pipe with manufacturer's name, pipe size, type of pipe material, SDR number, ASTM standard number and the NSF (National Sanitation Foundation) seal. A. Composed of Standard Schedule 40 PVC fittings, solvent welded to flexible PVC as manufactured by Spears Corporation, Sylmar, California, or approved equal, and meeting noted standards. B. Conduct the following pressure test: 200 PSI static pressure for 10 minutes and 150 PSI for one hour. Pressure must remain unchanged for the full duration of each test. The City's Representative must be present. C. Nipples for both pop -up heads and shrub risers to be nominal one -half (1/2) inch diameter x five (5) inches long. D. Flexible nipples for gear drive rotary heads to be nominal three - quarter (3/4) inch diameter x twelve (12) inches long. 2.04 WIRE A. Minimum of Type OF with 4/64 inch insulation, copper, Underwriter's Laboratory approved for direct burial when used in a National Electrical Code Class II circuit 30 volts AC or less. B. Size valve wire according to lengths between electric source (controller) and irrigation valves. Reference wire sizing chart on plans. 2.05 MATERIALS A. FITTINGS: (IRRIGATION SYSTEM) Manufacturer Model Number Description Hunter I -20 Series gear drive rotary sprinkler Hunter I -25 Series gear drive rotary sprinkler Rainbird 1800 Series Pop -Up Sprinkler with MPR plastic nozzles Richdel 200 Series electric remote control valve, Globe style w /valve box Rainbird 3RC IRRI -TROL Rainbird Raincheck Automatic rain cutoff device Febco 805Y 2" double check double ball valve assembly Spears True Union Ball valve, PVC, and single ASTM IPS sized per entry location 6 quick coupler valve provide one 33K valve key and one swivel hose ell DIAL 7AB DIAL 18AB automatic controller wall mounted PART III EXECUTION 3.01 GENERAL Ametek 10" dia..valve box and cover Ametek 190101 vault Jumbo Box for 192101 cover Backflow assembly City of Standard water Austin meter vault w /cover Snap -Tite wire connectors B. PVC Irrigation Pipe: 1. Domestic water line: Schedule 40 PVC 2. All irrigation piping: Class 200, except 1/2 inch, which shall be Class 315. A. Verify existing and proposed locations of all site utilities (including gas, water, electric, telephone, sanitary and storm sewers) prior to any trenching and laying of pipe. B. Coordinate irrigation work with that of all other sitework trades and contractors, as applicable. C. Exact location and configuration of ballfields, may vary from that shown on Drawings. For discrepancies that cause adjustments to irrigation system, notify the Landscape Architect. D. Piping and head layout is shown in SCHEMATIC FORM ONLY because of scale of drawing. All piping to be installed to provide even distribution of water through pipe layout utilizing central supply concept. 3.02 CONDITION OF THE SITE AND SURFACES A. The Contractor shall make an examination of the site of the proposed work and completely familiarize himself with the nature and extent of the work to be accomplished. No 7 3.03 INSTALLATION extra compensation will be allowed for any work made necessary by unusual conditions or obstacles encountered during the progress of the work. B. Verify existing surface conditions and subsurface conditions fully. C. Irrigation contractor shall not begin the installation of pipe until water is made available in the 8" water line, for testing and flushing of lines. D. Upon completion of irrigation equipment installation, return the area to a condition equal to or better than its condition prior to installation. Establishment of turf is not required. A. General: 1. Piping layout shall be according to Drawings. In the event of a piping layout conflict, notify and obtain approval of the Landscape Architect prior to trenching. 2. Refer to Drawings for location of existing 8" domestic water source. B. Excavations: 1. All excavations shall be unclassified. Trenches shall be a minimum of 6 inches wide per details and to the depth required as noted herein. 2. Over - excavation shall be backfilled with cushion sand at the Contractor's expense. Remove all unsuitable or excess material from the site. 3. Dewater excavations as required for dry work, including both surface and ground water. 4. Trenches shall have sides as nearly vertical as possible and bottoms shall be shaped to provide continuous bedding of each section of pipe along its entire 8 length in undisturbed soil or thoroughly compacted fill. C. Backfill in Landscape Areas: 1. Backfill irrigation trenches with material removed during excavation, except where rock is encountered. In this case the pipe shall be laid in a cushion sand bed surrounding the pipe a minimum of 3" of cover. Domestic water main to be laid in a continuous sand bed with a minimum of 3" of sand cover on all sides. 3.04 PIPE INSTALLATION 2. Compact and water - settle all excavation to prevent after settling. Hand rake excavation areas and adjoining areas to leave grade at the previous elevation and in as good or better condition than before installation. A. Pipe installation includes all domestic water main and irrigation piping required for water and electrical wiring to complete the automatic irrigation system. B. Irrigation contractor shall have licensed plumber install and provide testing of the domestic water main. C. Stake location of domestic water main, meter, master valve, backflow prevention assembly, and irrigation lines to electric valves for field verification by the landscape architect prior to installation. D. General: Provide firm, uniform bearing for entire length of each pipeline to prevent uneven settlement. Wedging or blocking of pipe will not be permitted. Remove foreign matter or dirt from inside of pipe before welding and keep piping clean by approved means during and after laying of pipe. E. Thrust blocks shall be used on piping 3" diameter and larger. Thrust blocks are located at each change in direction. F. Depth of Piping: 1. Domestic water main shall be a minimum 3.06 SPRINKLERS of 18" inches deep from finished grade to top of pipe, unless specifically noted otherwise. 2. All irrigation piping shall be a minimum of 12 inches deep from finished grade to top of pipe. 3.05 PVC PIPE AND FITTING ASSEMBLY A. Solvent: Use only solvent recommended by manufacturer to make solvent welded joints. Thoroughly clean pipe and fittings of dirt, dust and moisture before applying solvent. B. PVC to Metal Connection: Work metal connections first. Use non - hardening pipe dope (Permatex No. 2) on threaded PVC to metal joints. Use only light wrench pressure. C. Threaded PVC Connection: Where required, use threaded PVC adapters into which pipe may be welded. A. General: 1. Supply in accordance with Materials List, with nozzling in accordance with Drawings. Revise nozzle degree as directed by Landscape Architect if wind conditions affect coverage. 2. Before installation is started, place a stake where each sprinkler is to be located, in accordance with the drawings, and as recommended by the manufacturer. Anticipate minor revisions to configuration of field layouts and adjust head layout and nozzel size accordingly. 3. Notify Landscape Architect of major revisions. Staking shall be approved by Landscape Architect before proceeding. B. Pop -up Spray Heads: Attach sprinkler to lateral piping with a 6 inch long flexible PVC pipe with 1/2 inch SXMIP adapters on each end. Set base flush with finished grade. 10 C. Gear Driven Rotary Sprinklers: Attach sprinkler to lateral piping with a 12 inch long flexible PVC pipe with 3/4" SXMIP. adapters on each end. Install flexible nipple in a horizontal manner with ell at base of sprinkler. Set top of sprinkler flush with finish grade. 3.07 ELECTRIC REMOTE CONTROL VALVES 3.10 WIRING A. Supply in accordance with the Materials List and sized as shown on Drawings. B. Install in a level position, according to the manufacturer's recommendations and the detailed Drawings. C. The manufacturer's specifications and installation instruction for the valve supplied shall become a part of these specifications. D. Set all valves in a straight line 2 " -0" from chainlink fences, adjacent to fences, outside of ballfields. Verify locations with Landscape Architect. 3.08 VALVE BOXES A. Sized as specified in the Materials List, set flush with finish grade and set over all electric and gate valves. 3.09 GRAVEL BACKFILL IN VALVE BOXES AND VAULTS A. Excavate under quick coupling valve backflow assembly, all valve boxes at manual, and electric valve locations and provide a minimum 4" layer of clean, washed pea gravel in the bottom of all boxes. Gravel backfill shall not cover valves. A. Install electric control wires in the piping trenches wherever possible. Place wire in trench to one side of pipe. Install wire with as much slack as possible to allow for expansion and contraction of the wire. Expansion joints in wire may be provided at 20 foot intervals by making 5 -6 turns of the wire around a piece of 1/2 inch pipe in lieu of slack. Where it is necessary to run wire 11 in a separate trench, wire shall have a minimum cover of 12 inches. B. Provide sufficient "slack" at site connections at remote control valves, either direct - buried or in control boxes, and at all wire splices so that the valve bonnet or splice may be brought to the surface without disconnecting the wires when repair is required. C. Each remote control valve is to be connected to one station of a controller unless otherwise noted, reference controller A location. All remote control valves, which are to be connected to the same controller, shall be connected to a common ground wire system. Only those remote control valves which are being controlled by one specific controller shall be connected to that controller's common ground wire system. D. All wires shall be tested prior to backfilling to insure continuity from valve location to controller location. Any wire not indicating continuity shall be repaired or replaced immediately. 3.11 ELECTRICAL WIRE CONNECTIONS A. Make wire connection to remote control electric valves and splices of wire in the field, using Snap -Tite wire connectors and sealing cement as follows: 1. Strip ends of wire and push wires through holes of base socket. 2. Twist wires together and mechanically bond together using crimp sleeve and crimp pliers. 3. Insert wire connection into base socket as far as possible. 4. Apply solvent cement to outside of sealing plug and completely fill cavity of sealing plug with solvent cement. 5. Push sealing plug into base socket, using twisting motion, until it bottoms. 6. Push wires down into base plug as far as they will go, without unseating sealing 12 plug, to assure completesealing and waterproofing at the connection. B. Provide tight joints to prevent leakage of water and corrosion build -up on the joint. 3.12 CONTROLLER(S) A. Install the specified controller in the location shown on the Drawings, within its own lockable housing: B. Provide rigid conduit from controller down into the floor slab to accommodate valve wires. Access through slab to be provided. C. Pull valve wires, program the controller and put controller in operation. Connect controller to 115V power source, provided by others. D. All valve station numbers shall correspond to those shown on the Drawings. Label controllers as such. 3.13 DOUBLE CHECK BACKFLOW PREVENTION ASSEMBLY A. Install in accordance with city and state regulations and manufacturer's recommendations. Refer to Drawings for location of Backflow Prevention Assembly. B. The manufacturer's specifications and installation instructions for the Backflow Prevention Assembly supplied shall become part of these specifications. 3.14 QUICK COUPLING VALVE AND BOX A. Supply in accordance with the materials list. Set top of box flush with finish grade and top of coupler valve 1" below finish grade. B. Reinforce the valve by driving a #3 reinforcing bar 18" long next to the valve and securing it to the valve with wire. 3.15 DOMESTIC WATER MAIN - Pressure Pipe Hydrostatic Test A. Reference City of Austin Specifications for all standards, requirements and procedures. B. After the pipe has been installed and 13 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 backfilled and all service laterals and other appurtenances installed and connected, a leakage test, followed by a. pressure test, will be conducted by the City. The Contractor will be present and shall furnish all necessary pump and gauges for conducting the tests. The specified test pressures will be based on the elevation of the lowest point of the line or section under test. Before applying the specified test pressure, all air shall be expelled from the pipe. If permanent air vents are not located at all high points, the Contractor shall install corporation cocks at such points. 1. Pressure Test The entire project or each valved section shall be tested, at a pressure of 200 psi for a sufficient period (approximately 10 minutes) to discover all leaking or defective materials. Repairs shall be made by the Contractor to correct any leaking or defective materials. 2. Pressure Pipe Leakage Test A leakage test will follow the pressure test and be conducted on the entire project or each valved section. The leakage test shall be at 150 psi for at least 1 hour. Allowable leakage Leakage shall be defined as the quantity of water that must be supplied into any test section of pipe to maintain the specified leakage test pressure (see above, "Pressure Pipe Leakage Test ") after the air in the pipeline has been expelled and the pipe has been filled with water. The allowable leakage shall comply with AWWA C -600 which defines the allowable leakage as: L = SD P 133,200 where L = Leakage in gallons per hour S = Length of pipe in feet D = Diameter (inside) of pipe in inches 14 P = Pressure in pounds per square inch If such testing discloses leakage in excess of this specified allowable, the Contractor, at his expense, shall locate and correct all defects in the pipeline until the leakage is within the indicated allowance. 3.16 STERILIZATION OF DOMESTIC (POTABLE) MAIN WATER LINES The Contractor shall protect all piping materials from contamination during storage, handling and installation. Prior to disinfection, the pipeline interior shall be clean, dry and unobstructed. All dirt, debris, gasket lubricant, etc., shall be washed from the line by swabbing with hypochlorite solution and /or flushing with clean water. City personnel will supervise and direct the overall sterilization procedure. The Contractor, at his expense, shall provide all equipment, supplies, and the necessary labor to perform the sterilization under general supervision of the City. A. Procedure and Dosage All valves shall be arranged to prevent the strong disinfecting dosage from flowing back into the existing water supply piping. The new pipeline shall then be completely filled with disinfecting solution by feeding the concentrated chlorine and approved water from the existing system uniformly into the new piping in such proportions that every part of the line has minimum concentration of 50 parts per million (50 ppm or 50 mg /liter) available chlorine. Unless otherwise indicated, all quantities called for herein refer to measurements by the testing procedures in the current edition of "Standard Methods ". The chlorine concentration of each step in the sterilization procedure shall be verified by chlorine residual determinations. This disinfecting solution shall be retained in the piping for at least 24 hours and all valves, hydrants, etc., shall be operated to disinfect all their parts. After this retention period, the water shall contain no 15 less than 25 parts per million chlorine throughout the treated section of the pipeline. This heavily chlorinated water shall then be carefully flushed from the line until the chlorine concentration is no higher than the residual generally prevailing in the existing distribution system or approximately one part per million. Proper planning and appropriate preparations to handle, dilute and dispose of this strong chlorin solution without causing injury or damage to the public, the water system or the environment must be approved by the City before flushing of the line may begin and the flushing shall be witnessed by an authorized representative of the city. B. Bacteriological Testing After final flushing of the strong disinfecting solution, water samples from the line shall be tested for bacteriological quality by the City and must be found free of conform organisms before the pipeline may be placed in service. One test sample shall be drawn from the end of the main and additional samples collected at intervals of not more than 1000 feet along the pipeline. The Contractor, at his expense, shall install sufficient sampling taps at intervals not to exceed 1000'. Each sampling tap shall consist of a quick coupler "Tee'O" directly off the domestic water main. Samples for bacteriological analysis shall be collected only from suitable sampling taps in sterile bottles treated with sodium thiosulfate. Samples shall not be drawn from hoses, fire hydrants, etc. The City, at its expense, will furnish the sterile sample bottles and may, at its discretion, collect the test samples with City personnel. If the initial disinfection fails to produce acceptable sample tests, the disinfection procedure shall be repeated (without extra compensation) until satisfactory test results have been obtained before the piping may be placed in service. 3.17 TESTING AND FINAL ACCEPTANCE - IRRIGATION SYSTEM 16 A. All testing called for in the specifications is to be carried on under the supervision of the Landscape Architect. Provide 48 HOURS NOTICE that such tests are to be conducted. B. Pipe Pressure Test: 1. The sprinkler main shall be tested for a period of no less than sixteen (16) hours under normal water pressure and proved tight. If leaks occur, the joint or joints shall be replaced and the test repeated. 2. All laterals shall be tested for a minimum of 1 hour. C. All tests shall be completed prior to backfilling. However, sufficient backfill material may be placed in trenches between fittings to insure stability of the line under pressure. In all cases, fittings, thrust blocks, and couplings must be open to visual inspection for the full period of the test. D. Correct and repair all leaks and defects. Retest piping prior to backfilling. E. Test all sprinkler heads, joints, valves, controllers for leaks or defects. Correct all discrepancies prior to final adjustments, and final inspection. 3.18 FINAL ADJUSTMENT - IRRIGATION SYSTEM A. After installation has been completed, final adjustment shall be made of sprinkler system preparatory to the Landscape Architect's final inspection. B. The system shall be completely flushed to remove any and all debris from lines by removing nozzle from all heads on ends of lines and turning on system. C. All sprinklers shall be checked for proper operation and proper alignment for direction of throw. D. Each section of spray heads shall be checked for operating pressure and balanced to all 17 other sections by use of the flow adjustment on top of each valve. E. All nozzling shall be checked for proper coverage. Prevailing wind conditions or landscape arc configuration may indicate that arc or angle of spray should be other than as shown on Drawings. In this case, nozzles shall be changed to provide correct coverage at no additional expense to the Owner. F. Contractor shall confer with the Owner and Landscape Architect prior to setting and adjusting automatic controllers to desired operating times and duration. The operating sequences of the controllers shall not overlap each other unless approved by the Owner. 3.19 AS -BUILT DRAWINGS AND SUBMITTALS 3.20 CLEAN UP A. Provide "as- built" MYLAR REPRODUCIBLE record drawings. The drawings shall indicate all changes in line and sprinkler head locations as well as material substitutions and line sizes. Mylar reproducibles shall be provided by the Owner. B. Furnish the Owner with catalogs, manufacturer's maintenance manuals and applicable warranties for all equipment installed. A. Clean the site daily of trash and debris resulting from construction operations. All walks, roads and circulation routes shall be kept clean and free from debris, material and equipment. B. Upon completion of the work covered by this section, clean up all work areas by removing spoil piles, surplus material and equipment from the site. The ground surface shall be restored to its original condition. End of Section 18