Loading...
R-90-1454 - 5/14/1990WHEREAS, the City of Round Rock has duly advertised for bids for the pro shop and cart barn facilities at the Forest Creek Golf Course, and WHEREAS, William Ardis and Associates has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of William Ardis and Associates, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of William Ardis and Associates is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with William Ardis and Associates for the pro shop and cart barn facilities at the Forest Creek Golf Course, said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 14th day of May, 1990. ATTEST: RS05140B - a - E LAND, City Secretary RESOLUTION NO. 1g5 2.1 MIKE ROBINSON, Mayor City of Round Rock, Texas NAME OF BIDDER BID BOND ADDENDA REC BASE BID COMMENTS ' 1 - .2 �— ; X " X 3 - 4, . NILLIAH ARDIS & ASSOC. $14,000 $216,300 - - RIZZO CONSTRUCTION X X X $236,471 CNASCO CONTRACTING X ; X X $240,000 ALBERT WOLFE SHELL CONSTRUCTION X X X $350,000 JACK SUSARREY BLDR. X X X $228,000 BRAIN, INC. X X X $243,000 S.F. McCORMICK CONSTRUCTION LAKEWOOD CONSTRUCTION) X X X $243,000 RODNEY SCOTT HONES $12,375 X X $247,500 R. GILL 6 ASSOCIATES P.O. Box 217 Round Rock, Texas 78680 CITY OF ROUND ROCK FOREST CREEK GOLF CLUB 12012P Pro Shop & Cart Storage BID TABULATION DATE May 8, 1990 ADDENDA DATE: May 14, 1990 SUBJECT: City Council Meeting, May 14, 1990 ITEM: 3.B. Consider a resolution authorizing the Mayor to enter into a contract with William Ardis and Associates for the pro shop and cart barn facilities at the Forest Creek Golf Course. STAFF RESOURCE PERSON: Jim Nuse THE AMERICAN INSTITUTE OF ARCHITECTS AMA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION /L/54L/, THIS DOCUMENT. HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 14th Hundred and Ninety BETWEEN the Owner: CITY of ROUND ROCK 221 E. Main St. Round Rock, Texas 78664 and the Contractor: William Ardis & Associates, Inc. P.O. Box 2285 Cedar Park, Texas 78613 The Project: FOREST CREEK GOLF CLUB Pro Shop and Cart Storage Architect's Project no. 2012P Round Rock, Texas The Architect: R. Gill & Associates P.O. Box 217 Round Rock, Texas 78680 The Owner and the Contractor agree as set forth below. day of May in the year of Nineteen Copyright 1915. 1918, 1925, 1937. 1951, 1958. 1961. 1963. 1967, 1974, 0 1977 by the Amencan Institute of Architects, 1735 New York Avenue. N.W., Washington. D. C. 20006. Reproduction of the material herein or substantial Quotation of its provisions without permission of the AIA violates the copyright laws of the United States and well be subtect to legal prosecution. AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • Alike 51977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON. O. C. 20006 A1O1 - 1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement. the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued pnor to and all Modifications issued after exe- cution of this Agreement These form the Contract, and ail are as fully a part of the Contract as if attached to this Agreement or repeated•heretn. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for Mara Iron dr. raglan dew:odo r or tM work as road on other Contract Ooam, x,J the construction of the PRO SHOP and CART STORAGE buildings for the FOREST CREEK GOLF CLUB. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be perfarrned under this Contract shall be commenced May 15, 1990 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than September 15th, 1990 (Hors .nun any mean wormers, tor Ilpnrdarad damages relating to lakxe to completer on drool In accordance with item 9 "Instruction to Bidders ", of the specifications a sum of $100.00 for each consecutive calendar day for liquidated damages relating to failure to complete on time. AIA DOCUMENT A111 • OWNER - CONTRACTOR AGREEMENT • ELEVENTH EDITIt7N • JUNE 1977 • AIA. *1977 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE. N.W.. *IASHING7ON, D. C. 20006 A101 - 1977 2 Base bid of one lump sum. ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subtect to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of 216,300.00 Two hundred sixteen thousand, three hundred and no /100 dollars— The Contract Sum is determined as follows: (Stan hex the base bid or other lump sum amount. accepted alternates. and unit pncea, u appllobl.J ARTICLE 5 PROGRESS PAYMENTS None to be trade. 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 pro- vided in the Contract Documents for the period ending the day of the month as follows: Not later than days following the end of the penod covered by the Application for Payment percent ( %) of the portion or the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and percent ( %) of the portton of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon • in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work. a sum sufficient to increase the total payments to percent ( %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (11 not covered elsewhere in the Contra Documents. he insert any provision for limiting or reducing the amount retained alter the Work ferlses a certain state of completion.) No progress payments are to be made, one lump sum payment will be made upon completion and acceptance of the project. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place or the Protect. Were insert any rate us interest agreed upon.) NONE (Usury law, and reeurrements under the federal rnrth in Lending Act. srmslar sale and local consumer credit laws and other regulations at the Owner's and Contractors principal 011te$ pu busmen, the location of the Protect and etsewnere mar adect the waidlty al this provision. Sp.Cihc legal advice should be obtained with fovea to deletion. mod,hcanon. or other rewiremems such as written disclosure, or wawea.) AIA DOCUMENT AIM • OWNER - CONTRACTOR AGREEMENT • ELEVENTH EDITION • IUNE 1977 • AIA 01977 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON. O. C. 20006 A101 - 1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire• unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been Issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (Gist blow the Agreement, the Condition oI the Contract (General. Supplementary, and other Conditions), the Dr:w,ngs. the Specifications, and any Addenda and accepted ammeter. showing pre or sheet numbers on all cues and dates where applicable.) General Conditions AIA Document A201 -1976 Supplementary Conditions, Pages 1 thru 6 Contract Drawings as follows: SEE EXHIBIT 'A' Addenda: no. 1, and No. 2. The Texas Board of Architectural Examiners, 5555 N. Lamar Blvd., Bldg. if-117, Austin, Texas 78751, Phone: 512/455-1363, has jurisdiction over individuals licensed under the Architects Registration Law, Article 249a, CS This Agreement entered into as o f the day and year first written above. OWNER 2 4 CO •R Mayor, Mike Robinson r'TTV of ROTINT Rrrsc 221 East Main St. Round Rock, Texas 78680 William Ardis TJITTTity Agars 6 ASSOOTATKR TNC P.O. Box 2285 Cedar Park, Texas 78613 AIA DOCUMENT M01 • OWNER - CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA• 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 -1977 4 EXHIBIT 'A' INDEX of DRAWL GS PA -1 Title Sheet PA -2 Floor Plan PA -3 Exterior PA -4 Section/Details PS -1 Pro Shop Foundation Plan PS -2 Pro Shop Root Framing Plan PS 73 Pro Shop Structual Details PE -1 Pro Shop Electrical Plan PM -1 Pra Shop Mechanical Plan PP-1 Pro Shop Plumbing Plan CA -1 Cart Storage FLOOR Plan CA -2 Cart Storage Elevations CS -1 Cart Storage Foundations CS -2 Cart Storage Roof Framing CS -3 Cart Storage Structual Details CE -1 Cart Storage Electrical -Cr R .GILL ARCHITECT ROUND ROCK, TEXAS (512) 255 -7852' FOREST CREEK GOLF CLUB • PRO SHOP - Round Rock, Texas , 201 4y.ve M /L',E ,e06./ 'J 'a.`l PROJECT MANUAL /3 /4C •4-ici;i5 W,L4/41%1 42D/5 j e A5.54 ,4ifizs, /n.c, 1 PROJECT NUMBER 2012P DATE 4 -23 -90 SET NO. 2 2 Forest Creek Golf Club Pro Shop and Cart Storage Round Rock, Texas 78664 Architect's Job #2012P ADDENDUM NUMBER 1 (ONE) Item 1. Revise the bid date and time to May 8, 1990 at 3:00 p.m. Location to stay the same. Item 2. Sheet PA -2A - Add to this sheet a drinking fountain on the south exterior wall behind door (10) and on the outside east wall behind door (12). See plumbing sheet PP -1 for reference. Item 2B. Room 101 Starters Area - Storefront and glazing in south wall to be replaced with two 5030 horizontal windows with double glazing as manufactured by Alenco or Equal. Additional wood framing to be at each corner, with windows centered in wall. Item 2C. Room 108 - Insulate east and south wall, add weather stripping to inside of door jamb and add a threshold to door No. 3. The intent is to seal this room from the remaining interior of the building. Item 2D. Change ceiling code from 3 to 2, indicating a 10 foot ceiling. Item 3. Sheet PA -3 - At south elevation, note canvas canopy tube to be 1" steel tube (SCE 40) welded. The canvas pattern is to start at the southwest corner with a 60" solid pattern, then a 6" stripe, a 12" stripe, and a 6" stripe, then repeat with a 60" solid. This stripe pattern will appear a total of four (4) times. Item 4A. Sheet CA -1 - Paint interior plywood walls as exterior siding, including mechanic bay. Item 4B. Catch basin inside dimensions are 24" X 30 ". Item 5. Add brick treatment as indicated on columns on Sheet PA -3. 16 columns in all. Item 6. Sheet PE -1 - In center of Room 100 at furrdown, use parabolic diffusers, CF296 Cresent, for ceiling built light. Item 7. At all locations where tambour is specified, use style 802 3/16" thick with color 6255. Item 8. Vinyl wallcovering - Allow $15.00 per square yard (material only) installation and total material allowance to be included in base bid. END OF ADDENDUM Forest Creek Golf Club Pro Shop and Cart Storage Round Rock, Texas 78664 Architect's Job #2012P ADDENDUM NUMBER 2 (TWO) Item 1. Clarification of Item 2D on Addendum Number 1 - The ceiling height change is in Room 107. Item 2. All hip, valley and ridge rafters shall be three (3) 2 x 12's. Item 3. Sheet PA -4 - Delete reference to "H" clips. Item 4. Sheet CA -1, Note 1 - Modify Note to read as follows: "Install 1 x 4 rough cedar base and door trim at all doors and walls." Item 5. Clarification of Item 6 on Addendum Number 1 - Grid for ceiling built light fixture to be 1 x 6 around perimeter with 1 x 2 paint grade trim 2' -0" on center each way. Parabolic diffuser to sit on top of grid. Item 6. Clarification of Section 18.02, Heating and Air Conditioning of the Specifications - Design conditions are to be maintained if substitution of units are requested. Item 7. Question clarification on non - continuous ceiling joist - Non - continuous ceiling joist shall be securely fastened to side walls, using good construction practices. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BY: [ - war • eV Ray alp Jr. Texas g. No. 5152 1 1 PROJECT MANUAL FOREST CREEK GOLF CLUB PRO SHOP & CART STORAGE Round Rock, Texas R. GILL & ASSOCIATES, ARCHITECTS P.O. BOX 217 Round Rock, Texas 78680 (512) 255 -7852 1 1 1 1 1 1 . 1 1 1 1 1 1 1 1 1 1 1 PROJECT MANUAL FOREST CREEK GOLF CLUB PRO SHOP & CART STORAGE Round Rock, Texas TABLE of CONTENTS BIDDING REQUIREMENTS PAGES Invitation to Bid A Instructions to Bidders B,C,D Bid for a Stipulated Sum Contract E,F FORMS OF AGREEMENT Forms of Agreement and Bonds G CONDITIONS of the CONTRACT General Conditions, AIA Document, A201, 1976 Ed 1 -20 Supplementary Conditions 1 -6 DRAWINGS List of Drawings H SPECIFICATIONS Bath Accessories 7 Cabinets 8 Carpentry 2 -5 Electrical 12 Floors 5,6 Foundation 1 Hardware 7 Insulation 10 Masonry 1 Millwork 7 Painting 10,11 Plumbing 11 Roofing 9,10 Sheetmetal 10 Soil Treatment 1 Windows 7 INVITATION TO BID Sealed bids for construction of a golf course Pro -Shop and Cart storage will be received at the Round Rock City Council Chambers, 221 East Main Street, Round Rock, Texas at 10:OOAM, C.D.S.T. May 7th, 1990. Bids shall be addressed to Joanne Land, Assistant City Manager/ City Secretary, and will be publicly opened and read aloud at the time and date above mentioned. Any bids received after closing time will be returned unopened. All bid envelopes shall state "GOLF COURSE PRO SHOP & CART STORAGE." ABID BOND or CASHIERS CHECK in the amount of 5% of the total maximum bid amount is required. Performance, labor and material payment bonds for 100% of the contract amount will be required or an approved alternate agreement providing for one lump sum payment at completion of the project. It is intended that all work be performed under a single contract. No Bidder may withdraw their bid within 45 days after the actual date of the opening. The owner reserves the right to waive any formalities or to reject any and all bids. The Bidder is required to list with his proposal the subcontractors for plumbing, heating, ventilating and air conditioning, and electrical work. Drawings and specifications may be obtained after 2:00 PM on April 24, 1990 at the third floor Administrative Offices of the City of Round Rock located at 221 East Main Street, Round Rock, Texas. A Non - refundable fee of $30.00 will be required for each set of documents. A pre -bid conference will be held at the above address at 10:00, Monday, May 1st, 1990. All bid documents are to be returned within 10 days after bid opening. A FOREST CREEK GOLF CLUB PRO SHOP & CART STORAGE ROUND ROCK, TEXAS 78664 1. DOCUMENTS 2. QUESTIONS 3. SUBSTITUTIONS 4. BASIS OF BID 5. PREPARATION OF BIDS ZNSTRUGT- 1ONS-- •FOR -- BIDDER S INSTRUCTIONS FOR BIDDERS - B R. GILL & ASSOCIATES,ARCHITECTS ROUND ROCK, TEXAS To be considered, Bid must be made in accordance with these Instructions to Bidder: Bonafide Bidder and Subcontractors may obtain drawings and specifications from the City of Round Rock upon receipt of a non - refundable fee of $30.00 per set. Those who obtain drawings and specifications must return the sets in good condition no more than ten (10) days after Bid has been opened. Submit all questions about the drawings and specifications to the Architect, in writing. Replies will be issued to prime bidders of record as Addenda to the drawings and specifications and will become part of the Contract. The Architect and Owner will not be responsible for oral clarification. Questions received less than 48 hours before the bid opening cannot be answered. To obtain approval to use unspecified products, bidder shall submit written requests at least three days before the bid date and hour. Requests received after this time will not be considered. Requests shall clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability. If the product is aceptable, the Architect will approve it in an Addendum issued to prime bidders. The bidder must include all unit cost items and all alternatives shown on the Bid Forms; failure to comply must be cause for rejection. No segregated Bids or assignments will be considered. Bids shall be made on unaltered Bid Forms furnished by the Architect. Fill in all blank spaces and submit one copy. Bids shall be signed with name typed below signature. Bid must be signed with the legal name of the corporation followed by the name of the State of incorporated and the legal signatures of an officer authorized to bind the corporation to a contract. Bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address and the name of the project for which the bid is submitted. 1 1 1 1 1 1 1 1 1 1 1 1 1 6. SUBCONTRACTS The bidder is specifically advised that any person, firm or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. 7. QUALIFICATION OF BIDDER The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. 8. BID SECURITY Bid must be accompanied by cash, certified check of the bidder or a bid bond prepared on a standard form of bid bond, duly executed by the bidder as principal and having as surety thereon a surety company, which meets the approval of the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned if no award has been made within 30 days after the date of the opening of bid, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 9. TIME OF COMPLETION AND LIQUIDATED DAMAGES Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project not later than Sept.15,1990. The bidder must agree to pay liquidated damages in the sum of $100.00 for each consecutive calendar day thereafter that the project remains incompleted. 10. POWER OF ATTORNEY Attorney -in -fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power or attorney. 11. GENERAL REQUIREMENTS a. At the time of the opening of the bid, bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the contract documents (including all addenda). The failure or omission of the bidder to examine any form, instrument or document shall in no way relieve the bidder from obligation in respect to his bid. INSTRUCTIONS FOR BIDDERS - C b. The bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor hereon. Failure to do so will not relieve the successful bidder of his obligation to furnish all materials and labor necessary to carry out the provisions of his contract. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. c. Federal and State Laws, municipal ordinances and the rules and regulations of all authorites having jurisdiction over construction of the project shall apply to the contract throughout and they will be deemed to be included in the contract the same as though herein written out in full. 0 INSTRUCTIONS FOR BIDDERS - D FOREST CREEK GOLF CLUB Pro Shop & Cart Storage Round Rock, Texas 78664 Proposal of •• •.•-- - (Herein after called "Bidder ", *a corporation, organized and existing under the laws of the State of Texas: *a partnership or *an individual doing business as - - - - -• - •- To: Sir: BID FOR A STIPULATED SUM CONTRACT The undersigned, in compliance with your invitation to bid for construction of the PRO SHOP & CART STORAGE Forest Creek Golf Club; having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed work, hereby proposes to furnish all labor, material, equipment and supplies and to construct the project in accordasnce with the Contract Documents, within the time set forth herein, and at the price set forth below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents of which this proposal is a part. Bidder hereby agrees to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the work, ready for occupancy no later than Sept. 15, 1990. Bidder acknowledges the receipt of the following addenda: *Insert corporation, partnership, or individual as applicable. BID CONTRACT - E R. GILL & ASSOCIATES,ARCHITECTS ROUND ROCK, TEXAS DATE: May 7th, 1990 1 1 1 • a 1 1 1 1 a I 1 1 BASE. BID Bidder agrees to perform all of the work described in the Specifications and shown on the Drawings for a fixed fee of -. ($ .- -- ) for cost of the work including profit and overhead. ** Sub - Contractors are to be as follows for: HEATING:, VENTILATING & AIR CONDITIONING - - ELECTRICAL WORK - Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formalities in the bidding. The Bidder agrees that this bid shall be good and may not be with- drawn for a period of 45 calendar days after the schedule closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder shall execute the formal contract within 10 days and deliver a Surety Bond or Bonds as required by the General and Supplementary Conditions. The Bid security attached in the sum of ($- ) * ** is to become the property of the Owner in the event the contract and bond are not executed within the time set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. (Seal if bid is by a BY: Corporation) F Respectively Submitted: Title: •- Address: ** *Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. 1 1 1 1 1 1 1' r 1 1 1 1 1 1 FORMS OF AGREEMENT AND BONDS The Agreement between the Owner and the Contractor will be executed on the Standard Form A101, current edition. For convenience, the AIA printed form is omitted from this bidding, but copies are on file at the Architect's office and may be seen and /or obtained there. G THE AMERICAN INSTITUTE OF ARCHITECTS AIA Documents A201 and A201 /SC General and Federal Supplementary Conditions of the Contract for Construction 4. CONTRACTOR 5. SUBCONTRACTORS 6. WORK BY OWNER OR BY TABLE OF ARTICLES GENERAL CONDITIONS AIA Document A201 — 1976 Edition 1. CONTRACT DOCUMENTS 8. TIME 2. ARCHITECT 9. PAYMENTS AND COMPLETION 3. OWNER 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE 12. CHANGES IN THE WORK 13. UNCOVERING AND CORRECTION SEPARATE CONTRACTORS OF WORK 7. MISCELLANEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT FEDERAL SUPPLEMENTARY CONDITIONS AIA Document A201/SC 1977 Edition 15. MODIFICATIONS OF THE 16. ADDITIONAL CONDITIONS GENERAL CONDITIONS 17. INSURANCE REQUIREMENTS This document may be used for U.S. Department of Health, Education and Welfare Federally Assisted Construction Projects. AIA DOCUMENTS A291 AND A211/SC • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIR- TEENTH EDITION • AUGUST 1976 • AIAQ • E)1976 • FEDERAL SUPPLEMENTARY CONDITIONS • THIRD EDITION • AUGUST 1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE , N.W., WASHINGTON, D.C. 20006 A201 & A2O1 /SC -1977 Cover 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Acceptance of Defective or Non - Conforming Work ..6.2.2, 13.3 Acceptance of Work 54.2, 9.5.5, 9.8.1, 99.1, 9.9.3 Access to Work 2 2.5, 6.2.1 Accident Prevention 2 2.4,10 ActS and Omissions 2 2.4, 4.18.3, 7.4, 7.6.2, 8.3.1, 10.2.5 Additional Costs, Claims for 12.3 Administration of the Contract 2.2, 4.3.3 All Risk Insurance 11.3.1 Allowances 4 8 Applications for Payment 2 2.6, 9.2, 9.3, 9.4, 9.5.3, 9.6.1, 9.8.2, 9.9.1, 9.9.3, 14.2.2 Approvals 22.14, 3.4, 4.3.3, 4.5, 4.12.4 through 4.12.6, 4.12.8, 4.18.3, 7.7, 9.3.2 Arbitration 2 2.7 through 2.2.13, 2.2.19, 6.2.5, 7.9, 8.3.1, 11.3.7, 11.3 8 ARCHITECT 2 Architect, Definition of 21 Architect, Extent of Authority ..2.2, 3.4, 4.12.8, 52, 63, 772, 8.1.3, 8.3.1, 9.2, 9.3 1, 9 4, 9 5.3, 9.6, 9.8, 9 9.1, 9.9.3, 12.1.1, 12.1.4, 12.3.1, 12.4.1, 13.1, 13 2.1, 13.2.5, 14.2 Architect, Limitations of Authority and Responsibility 2 2.2 through 2 2.4, 2 2.10 through 2.2.14, 2.2.17, 2.2.18, 4 3.3, 4.12 6, 5.2.1, 9.4.2, 9.5.4, 1 - 5, 12.4 Architect's Additional Services ..3.4, 7.7.2, 13.21, 13 2.5, 14.2.2 Architect's Approvals 2 2.14, 3.4, 4.5, 4.12.6, 4.12.8, 4.18.3 Architect's Authority to Reject Work ....2.2.13, 4.5, 13.1.2, 13 2 Architect's Copyright 1 3 Architect's Decisions 22.7 through 2.2.13, 6.3, 7.7 2, 7.9.1,8.3.1, 92,9.4,96.1,9.8.1,12.1. Architect's Inspections 2 2.13, 2.2.16, 9.8.1, 9.9.1 Architect's Instructions 22.13, 2.2.15, 7.7.2, 12.4, 13.1 Architect's Interpretations 22.7 through 2.2.10, 123.2 Architect's On -Site Observations 2 2.3, 2.2.5, 2.2 6, 2.2.17, 7.7.1, 7.7.4, 9.4.2, 9 6.1, 9.9.1 Architect's Project Representative 22.17, 2.2.18 Architect's Relluonship with Contractor 11.2, 2.2.4, 2.2.5, 2.2.10, 2.2.13, 4.3.3, 4.5, 4.7.3, 4.12.6, 4.18, 11.3.6 Architect's Relationship with Subcontractors 1 1.2, 2 2.13, 93.3, 9.5.4 Architect's Representations 9 4.2, 9.6.1, 9.9.1 Artistic Effect 1 2.3, 2.2.11, 2.2.12, 7.9.1 Attorneys' Fees 4 18.1, 6.2.5, 9 9.2 Award of Separate Contracts 61.1 Award of Subcontracts and Other Contracts for • Portions of the Work 52 Bonds, Lien 99.2 Bonds, Performance, Labor and Material Payment ....7.5, 9.9.3 Building Permit 47 Certificate of Substantial Completion 98.1 Certificates of Inspection, Testing or Approval 7 7.3 Certificates of Insurance 9 3.2, 11.1.4 Certificates for Payment ....2 2.6, 2.2.16, 9.4, 9.5.1, 9.5.5, 9.6.1, 9.7.1, 9.8.2, 9.9.1, 9.9.3, 12.1.4, 14.2.2 Change Orden 11.1, 2.2.15, 3.4, 4.8.2.3, 5.2.3, 7.7.2, 8.3.1, 9.7, 9 9.3, 11.3.1, 11.3.5, 11 3.7, 12.1, 13.1.2, 13.2.5, 13.3.1 Change Orders, Definition of 12.1.1 CHANGES IN THE WORK 2.2.15, 4.1.1, 12 Claims for Additional Cost or Time ....8.3.2, 8.3 3, 12.2.1, 12.3 Claims for Damages 61.1, 6.2.5, 7.4, 8.3, 9.6.1.1 INDEX Cleaning Up 415, 6.3 Commencement of the Work, Conditions Relating to..32.1, 4 2, 4.7.1, 4.10, 5.2.1, 6.2.2, 7 5, 9.2, 11.1.4, 11.3 4 Commencement of the Work, Definition of 81 Communications 22.2, 3.2.6, 4.9.1, 4 16 Completion, Conditions Relating to ...2.2.16, 4.11, 4.15, 9.4.2, 9.9, 13.2 2 COMPLETION, PAYMENTS AND Completion, Substantial ....2.2.16, 8.1.1, 8.1.3, 8.2.2, 9.8, 13.2 2 Compliance with Laws 1 3, 2.1.1, 4.6, 4.7, 4.13, 7.1, 7.7, 10.2 2, 14 Concealed Conditions 12.2 Consent, Written ...2.2.18, 4.14.2, 7.2, 7.6.2, 9.8.1, 9.9.2, 9.9.3, 11.3.9 Contract, Definition of 11.2 Contract Administration 22, 4.3.3 Contract Award and Execution, Conditions Relating to 4 7.1, 4.10, 5.2, 7.5, 9 2, 11.1.4, 11.3 4 CONTRACT DOCUMENTS 1 Contract Documents, Copies Furnished and Use of 1 3, 3.2.5, 5.3 Contract Documents, Definition of 11.1 Contract Sum, Definition of 91.1 Contract Termination 14 Contract Time, Definition of 81.1 CONTRACTOR 4 Contractor, Definition of 41, 6 1.2 Contractor's Employees 4 3.2, 4.4.2, 4.8.1, 4.9, 4.18, 10.2.1 through 10.2.4, 10.2.6, 10.3, 11.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 32.7, 6 Contractor's Relationship with Subcontractors 1.2.4, 5.2, 5 3, 9 5.2, 11.3.3, 11.3.6 Contractor's Relationship with the Architect 1 1.2, 2.2.4, 2.2.5, 2.2.10, 2.2.13, 4.3.3, 4 5, 4.7.3, 4.12.6, 4.18, 11.3.6 Contractor's Representations 1 2.2, 4.5, 4.12.5, 9.3.3 Contractor's Responsibility for Those Performing the Work 4 3.2, 4.18, 10 Contractor's Review of Contract Documents ....1.2.2, 4.2, 4.7.3 Contractor's Right to Stop the Work 97 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 2 2.14, 4.10, 4.12, 5.2.1, 5 .2.3,9.2,9.3.1,9.8.1,9.9.2,9.93 Contractor's Superintendent 49, 10.2.6 Contractor's Supervision and Construction Procedures 1 2.4, 2.2.4, 4.3, 4.4, 10 Contractual Liability Insurance 11.1.3 Coordination and Correlation ....1.2 2, 1.2.4, 4.3.1, 4.10.1, 4.12.5, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications ..1.3, 3.2.5, 5.3 Correction of Work 3 3, 3.4, 10 2.5, 13.2 Cost, Definition of 12.1.4 Costs 3 4, 4.8.2, 4.15 2, 5.2.3, 6.1.1, 6.2.3, 6.2.5, 6.3, 7.7.1, 7.7.2, 9.7, 11 3.1. 11 3.5, 12.1 3,12.1.4,12.3,13.1.2,13.2,14 Cutting and Patching rk 4 14,6.2 Damage to the Work 6 2.4, 6.2.5, 9.6.1.5, 9.8.1, 10.2.1.2, 10 3, 11.3, 13.2.6 Damages, Claims for 61.1, 6.2.5, 7.4, 8.3 4, 9.6.1.2 Damages for Delay 6 1.1, 8.3.4, 9.7 Day, Definition of 81.4 MA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 2 A201 - 1976 AIAa • 41 1976 • 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 i 1 1 ;1 it Decisions of the Architect 22.9 through 2.2.12, 6.3, 7.7.2, 7.9.1, 8.3.1, 9.2, 9.4, 9.6.1, 9.8.1, 12.1.4, 12.3.1, 14.2.1 Defective or Non - Conforming Work, Acceptance, Rejection and Correction of ....2.2.3, 2.2.13, 3.3, 3.4, 4 5, 6.2.2, 6 2.3, 9.6.1.1, 9.9.4.2,13 Definitions 11, 2.1, 3.1, 4.1, 4.12.1 through 4.12.3, 5.1, 6.1.2, Delays and Extensions of Time 8.3 Disputes 2 2.9, 2.2.12, 2.2.19, 6.2.5, 6.3, 7 9.1 Documents and Samples at the Site 411 Drawings and Specifications, Use and Ownership of 1 1.1, 13, 3.2.5, 5.3 Emergencies 10.3 Employees, Contractor's 43.2, 4.4.2, 4.8.1, 4.9, 4.18, 101.1 through 10.2.4, 10.2.6, 10.3, 11.1.1 Equipment, Labor, Materials and ....1.1.3, 4.4, 4.5, 4.12, 4.13, 4.15.1, 6.2.1, 9.3.2, 9.3.3, 11.3, 13.2 2, 13.2.5, 14 Execution and Progress of the Work ....1.1 3, 1.2.3, 2.2.3, 22.4, 2.2.8, 4.2, 4.4.1, 4.5, 6 2.2, 7.9 3, 8.2, 8.3, 9.6.1, 10 2.3, 10.2.4, 14.2 Execution, Correlation and Intent of the Contract Documents 1 2, 4.7.1 Extensions of Time 83, 12.1 Failure of Payment by Owner 9 7,14.1 Failure of Payment of Subcontractors ..9.5.2, 9.6.1.3, 9.9 2, 14.2.1 Final Completion and Final Payment ..2.2.12, 2.2.16, 9,9, 13.3.1 Financial Arrangements, Owner's 3 2.1 Fire and Extended Coverage Insurance 11.3.1 Governing Law 71 Guarantees (See Warranty and Warranties) 2 2.16, 4.5, 9.3.3, 9.8.1, 9.9.4, 13.2.2 ndenlnificatian 417, 4.18, 6.2.5, 99.2 dennfication of Contract Documents 12.1 dentificaoon of Subcontractors and Suppliers 52.1 nformalion and Services Required of the Owner 3 2, 6, 9, 11.2, 113 nspections 22.13, 2.2.16, 4.3.3, 7.7, 9.8.1, 9.9.1 nstructions to Bidders 11.1, 7.5 nstructions to the Contractor 2 2.2, 3.2.6, 4.8.1, 7.7.2, 12.1.2, 12.1.4 NSURANCE 98.1, 11 nsurance, Contractor's Liability 11.1 nsurance, Loss of Use 11.4 nsurance, Owner's Liability 11.2 nsurance, Property 11.3 nsurance, Stored Materials 9 3.2, 11.3.1 nsurance Companies, Consent to Partial Occupancy ....11.3.9 nsurance Companies, Settlement With 11.3.8 ntent of the Contract Documents .. .1.2.3, 2.2.10, 2.2.13, 2 2.14, 12.4 nlerest 7 8 nterpretations, Written 11.1, 2.2.7, 2.2.8, 2.2.10, 12.4 Labor and Materials, Equipment ....1.1.3, 4.4, 4.5, 4.12, 4.13, 4.15.1, 6.2.1, 9.3.2, 9.3.3, 11.3, 13.2.2, 13.2.5, 14 Labor and Material Payment Bond 75 Labor Disputes 83.1 Laws and Regulations 1 3, 2.1., 4.6, 4.7, 4.13, 7.1, 7.7, 10.2.2, 14 Liens 9 33, 9.9.2, 9.9.4.1 Limitations of Authority 22.2, 2.2.17, 2.2.18, 11.3.8, 12.4.1 Limitations of Liability 2 2.10, 2.2.13, 2.2.14, 3.3, 4.2, 4.7,3, 4.12.6, 4.17, 4.18.3, 6.2.2, 7.6.2, 9.4.2, 9.9.4,9.9.5,102.5,11.12,113.6 Limitations of Time, General 22.8, 2.2.14, 32.4, 4.2, 4.73, 4.12.4, 4.15, 5.2.1, 5.23, 7.4, 7.7, 8.2, 93.2, 9.6, 9.8, 9.9, 11.3.4, 12.1.4, 12.4, 13.2.1, 13.2.2, 13,2.5 Limitations of Time, Specific 22.8, 2.2.12, 3.2.1, 3.4, 4.10, 5.3, 6.2.2, 7.9.2, 8.2, 8.3.2, 8.3.3, 9.2, 9.3.1, 9.4.1, 9.5.1, 9.7, 11.1.4, 11.3.1, 11.3.8, 11.3.9, 12.2, 12.3, 13.2.2, 13.2.5, 13.2.7, 14.1, 14.2.1 Limitations, Statutes of 79.2, 13.2.2, 13.2.7 Loss of Use Insurance 11.4 Materials, Labor, Equipment and 11.3, 4.4, 4.5, 4.12, 4.13, 4 15.1, 6.2.1, 9.3.2, 9.3.3, 11.3.1, 13.2.2, 13.2.5, 14 Materials Suppliers 412.1, 5.2.1, 9.33 Means, Methods, Techniques, Sequences and Procedures of Construction 2 2.4, 4.3.1, 9.4.2 Minor Changes in the Work 1 1.1, 22.15, 12 4 MISCELLANEOUS PROVISIONS 7 Modifications, Definition of 11 Modifications to the Contract 11.1, 1.1.2, 2.22, 2.2.18, 4.7.3, 7.93, 12 Mutual Responsibility 6.2 Non - Conforming Work, Acceptance of Defective or 13.3.1 Notice, Written 2 2.8, 2.2.12, 3.4, 41, 4.7.3, 4.7 4, 4.9, 4.12 6, 4.12.7, 4.17, 5.2.1, 7.3, 7 4, 7.7, 7.9.2, 8.11, 8.3.2, 8.3.3, 9.4.1, 9.6.1, 9 7, 9.9.1, 9.9.5, 10.2.6, 11.1.4, 11.3.1, 11.3.4, 11.3.5, 11.3.7, 11.3.8, 12.2, 12.3, 13.2.2, 13.2.5, 14 Notices, Permits, Fees and 4.7, 10.2.2 Notice of Testing and Inspections 77 Notice to Proceed 812 Observations, Architect's On -Site 2 2.3, 7.7.1, 7.7.4, 9.4.2 Observations, Contractor's 1 2.2, 4.2.1, 4.7.3 Occupancy 81.3, 9.53, 11.3.9 On -Site Inspections by the Architect 2 2.3, 22.16, 9.4.2, 9.8.1, 9.9.1 On -Site Observations by the Architect 22.3, 2.2.6,2.2.17, 7.7.1, 7.7.4, 9.4.2, 9.6.1,9.9.1 Orders, Written 3 3,4.9, 12.1.4, 12.4.1, 13 1 OWNER 3 Owner, Definition of 31 Owner, Information and Services Required of the ....3.2, 6.1 3, 6.2, 9,11.2,11 3 Owner's Authority 2 2.16, 4.8.1, 7.7.2, 9.3.1, 9.3 2, 98.1,11.3.8,12.1.2,12.1 4 Owner's Financial Capability 32 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1 1.2, 95.4 Owner's Right to Carry Out the Work 3 4, 13.2.4 Owner's Right to Clean Up 415.2, 6.3 Owner's Right to Perform Work and to Award Separate Contracts 61 Owner's Right to Terminate the Contract 14.2 Owner's Right to Slop the Work 3.3 Ownership and Use of Documents 1 1.1,13, 3.2.5, 51.3 Patching of Work, Cutting and 414, 6.22 Patents, Royalties and 417.1 Payment Bond, Labor and Material 7 5 Payment, Applications for 2 2.6, 9.2, 9.3, 9.4, 9.5.3, 9.6.1, 9.8.2, 9.9.1, 9.9.3, 14.2.2 Payment, Certificates for 2 2.6, 2.2.16, 9.4, 9.5.1, 9.5.5,9.6.1,9.7.1 ,9.8.2,9.9.1,9.9.3,12.1.4,14.22 MA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AM* • 0 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201 -1976 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Payment, Failure of 9 5.2, 9.6.1.3, 9.7, 9.9.2, 14 Payment, Final 2 2.12, 2.2.16, 9.9, 13.3.1 Payments, Progress 7 8, 7.9.3, 9 5.5, 9.8.2, 9.9.3, 12.1 4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 9 5 2, 9.5.3, 9.5 4, 9.6.1.3, 11.3.3, 14.2 1 Payments Withheld 96 Performance Bond and Labor and Material Payment Bond ..75 Permits, Fees and Notices 32.3,4.7,4 13 PERSONS AND PROPERTY, PROTECTION OF 10 Product Data, Definition of 412.2 Product Data, Shop Drawings, Samples and ...2.2.14, 4.2.1, 4.12 Progress and Completion 2 2.3, 7.9.3, 8.2 Progress Payments 7 8, 7.9.3, 9.5.5, 9.8.2, 9.9 3,12.1.4 Progress Schedule 4 10 Project, Definition of 1 1.4 Project Representative 2 2 17 Property Insurance 11.3 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1 3, 2.1.1, 4.6, 4.7, 4.13, 7.1,10.2.2,14 Rejection of Work 2 2.13, 4.5.1,13.2 Releases of Waivers and Liens 99.2,9.9.4 Representations 1 2.2, 4.5, 4.12.5, 9.4.2, 9.6.1, 9.9.1 Representatives 21, 2.2.2, 2.2.17, 2.2.18, 3.1, 4.1, 4.9, 5 1, 9.3 3 Responsibility for Those Performing the Work 22.4,4.3.2, 6.1.3, 6.2, 9.8.1 Retai nage 9 3.1, 9.5.2. 9.8.2, 9.9.2, 9.9.3 Review of Contract Documents by the Contractor 1 2.2, 4.2, 4.7.3 Reviews of Contractor's Submittals by Owner and Architect 2 2.14, 4.10, 4.12, 5.2.1, 5.2.3, 9.2 Rights and Remedies 1 1.2, 2 2.12, 2.2.13, 3.3, 3.4, 5.3, 6.1, 6.3, 7.6, 7.9, 8.3.1, 9.6 1, 9.7, 10.3, 12.1.2, 12.2, 13.2.2, 14 Royalties and Patents 4 Safety of Persons and Property 10.2 Safety Precautions and Programs 2 2 4,10.1 Samples, Definition of 412.3 Samples, Shop Drawings, Product Data and 2 2.14, 4.2, 4.12 Samples at the Site, Documents and 411 Schedule of Values 9 2 Schedule, Progress 4 10 Separate Contracts and Contractors 414.2, 6,11.3.6,13.1.2 Shop Drawings, Definition of 412.1 Shop Drawings, Product Data and Samples ... 2.2.14, 4.2, 4.12 Site, Use of 413, Site Visits, Architect's 2 2.3, 2.2.5, 2.2.6, 2.2.17, 7 7.1, 7.7.4, 9.4.2, 9.6.1, 9.9.1 Site Inspections 1 2.2, 2.2.3, 2.2.16, 7.7, 9.8.1, 9.9.1 Special Inspection and Testing 22.13,7.7 Specifications 1 1.1, 1.2.4, 1.3 Statutes of Limitations 79.2, 13.2.2, 13.2.7 Stopping the Work 3 3, 9.7.1, 10.3, 14.1 Stored Materials 6 2.1, 9.3.2,10.2.1.2,11.3.1,13.2.5 5 SUBCONTRACTORS Subcontractors, Definition of 51 Subcontractors, Work by 1 2.4, 2.2.4, 4.3.1, 4.3 2 Subcontractual Relations 5.3 Submittals 1 3, 4.10, 4.12, 5.2.1, 5.2.3, 9.2, 9.3.1, 9.8.1, 9.9.2, 9.9.3 Subrogation, Waiver of 11.3.6 Substantial Completion 2 2.16, 8.1.1, 8.1.3, 82.2, 9.8, 13.12 Substantial Completion, Definition of 81.3 Substitution of Subcontractors 5 2.3, 5.2.4 Substitution of the Architect 22.19 Substitutions of Materials 45,12.1.4 Sub subcontractors, Definition of 51.2 Subsurface Conditions 12.2.1 Successors and Assigns 72 Supervision and Construction Procedures .1.2.4, 2.2.4, 4.3, 4.4,10 Superintendent, Contractor's 49,10.2.6 Surety, Consent of 992,9.93 Surveys 3 2.2, 4 183 Taxes 4.6 Termination by the Contractor 14.1 Termination by the Owner 14.2 Termination of the Architect 2.2.19 TERMINATION OF THE CONTRACT 14 Tests 22.13,4.3.3,7.7,9 4.2 Time B Time, Definition of 81 Time, Delays and Extensions of 8 3, 12.1, 12.3, 13.2 7 Time Limits, Specific 22.8 2.2.72, 3.2.7, 3 . 4 , 4.10, 5.3, 6.2.2, 7.9.2, 8 2, 8.3.2, 8.33, 9.2, 9.3.1, 9.4.1, 9.5.1, 9.7, 11.1 4, 11.3.1, 11.3.8, 11.3.9, 12.2, 12.3, 13.2.2, 13.2.5, 13.2.7, 14.1, 14.2.1 Title to Work 93.2, 9.33 UNCOVERING AND CORRECTION OF WORK 13 Uncovering of Work 13.1 Unforseen Conditions 83,12.2 Unit Prices 12.1.3,12.1.5 Use of Documents 1.1.1, 1.3, 3.2.5, 5.3 Use of Site 413,6.2.1 Values, Schedule of 92 Waiver of Claims by the Contractor ....7.6.2, 8.3.2, 9.9.5,11.3.6 Waiver of Claims by the Owner 7 6.2, 9.9.4,11.3.6,11.4.1 Waiver of Liens 9 9.2 Warranty and Warranties ....2 2.16, 43, 9.3.3, 9.8.1, 9.9.4, 13.2.2 Weather Delays 8 3 1 Work, Definition of 113 Work by Owner or by Separate Contractors 6 Written Consent 2 2.18, 4.14.2, 7.2, 7.6.2, 9.8.1, 9.9.3, 9.9 4 Written Interpretations 1.1.1, 1.2.4, 2.2.8, 12.3.2 Written Notice 2 2.8, 2.2.12, 3.4, 4 2, 4.73, 4.7.4, 4.9, 4.12.6, 4.12.7, 4.17, 5.2.1, 73, 7.4, 7.7, 7 9.2, 8.1.2, 8.3.2, 83.3, 9.4.1, 9.6.1, 9.7, 9.9.1, 9.9.5, 10.2.6, 11.1.4, 11.3.1, 11.3.4, 11.3.5,11.3.7,11 .3.8,12.2,12.3,132.2,13.2.5,14 Written Orders 3 3, 4.9, 12.1.4, 12.4.1, 13.1 4 A201 -1976 AIA DOCUMENT 4201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 1976 • 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 1 1 1 1 1 1 1 1 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Owner- Contrac- tor Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, and all Addenda issued prior to and all Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a written interpretation issued by the Architect pursuant to Sub- paragraph 2.2.8, or (4) a written order for a minor change in the Work issued by the Architect pursuant to Paragraph 12.4. The Contract Documents do not include Bidding Documents such as the Advertisement or Invitation to Bid, the Instructions to Bidders, sample forms, the Con- tractor's Bid or portions of Addenda relating to any of these, or any other documents, unless specifically enu- merated in the Owner- Contractor Agreement. 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construc- tion. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification as defined in Subparagraph 1.1.1. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Ar- chitect and the Contractor, but the Architect shall be entitled to performance of obligations intended for his benefit, and to enforcement thereof. Nothing contained in the Contract Documents shall create any contractual relationship between the Owner or the Architect and any Subcontractor or cub- subcontractor. 1.1.3 THE WORK The Work comprises the completed construction required by the Contract Documents and includes all labor neces- sary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed in not less than triplicate by the Owner and Contractor. If either the Owner or the Contractor or both do not sign the Condi- tions of the Contract, Drawings, Specifications, or any of the other Contract Documents, the Architect shall iden- tify such Documents. 1.2.2 By executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be per- formed, and correlated his observations with the 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 comple- tion of the Work. The Contract Documents are comple- mentary, and what is required by any one shall be as binding as if required by all. Work not covered in the Con- tract Documents will not be required unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words and ab- breviations which have well -known technical or trade meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.2.4 The organization of the Specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.3 OWNERSHIP AND USE OF DOCUMENTS 1,3.1 All Drawings, Specifications and copies thereof furnished by the Architect are and shall remain his prop- erty. They are to be used only with respect to this Project and are not to be used on any other project. With the exception of one contract set for each party to the Con- tract, such documents are to be returned or suitably accounted for to the Architect on request at the comple- tion of the Work. Submission or distribution to meet offi- cial regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's common law copyright or other reserved rights. ARTICLE 2 ARCHITECT 2.1 DEFINITION 2.1.1 The Architect is the person lawfully licensed to practice architecture, or an entity lawfully practicing architecture identified as such in the Owner - Contractor Agreement, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Architect means the Architect or his authorized representative. 2.2 ADMINISTRATION OF THE CONTRACT 2.2.1 The Architect will provide administration of the Contract as hereinafter described. 2.2.2 The Architect will be the Owner's representative during construction and until final payment is due. The Architect will advise and consult with the Owner. The Owner's instructions to the Contractor shall be forwarded AIA DOCUMENT A261 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 MAO • 55 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW TORx AVENUE, N.W., WASHINGTON, D.C. 20006 A201 -1976 5 through the Architect. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with Subparagraph 2.2.18. 2.2.3 The Architect will visit the site at intervals appro- priate to the stage of construction to familiarize himself generally with the progress and quality of the Work and to determine in general if the Work is proceeding in ac- cordance with the Contract Documents. However, the Architect will not be required to make exhaustive or con- tinuous on -site Inspections to check the quality or quan- tity of the Work. On the basis of his on -site observations as an architect, he will keep the Owner informed of the progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 2.2.4 The Architect will not be responsible for and will not have control or charge of construction means, meth- ods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors, or any of their agents or em- ployees, or any other persons performing any of the Work. 2.2.5 The Architect shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform his functions under the Contract Documents. 2.2.6 Based on the Architect's observations and an evalu- ation of the Contractor's Applications for Payment, the Architect will determine the amounts owing to the Con- tractor and will issue Certificates for Payment in such amounts, as provided in Paragraph 9.4. 2.2.7 The Architect will be the interpreter of the require- ments of the Contract Documents and the judge of the performance thereunder by both the Owner and Con- tractor. 2.2.8 The Architect will render interpretations necessary for the proper execution or progress of the Work, with reasonable promptness and in accordance with any time limit agreed upon. Either party to the Contract may make written request to the Architect for such interpretations. 2.2.9 Claims, disputes and other matters in question be- tween the Contractor and the Owner relating to the exe- cution or progress of the Work or the interpretation of the Contract Documents shall be referred Initially to the Architect for decision which he will render in writing within a reasonable time. 2.2.10 All interpretations and decisions of the Architect shall be consistent with the intent of and reasonably in- ferable from the Contract Documents and will be in writ- ing or in the form of drawings. In his capacity as inter- preter and Judge, he will endeavor to secure faithful per- formance by both the Owner and the Contractor, will not show partiality to either, and will not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 2.2.11 The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 2.2.12 Any claim, dispute or other matter in question between the Contractor and the Owner referred to the Architect, except those relating to artistic effect as pro- vided in Subparagraph 2.2.11 and except those which have been waived by the making or acceptance of final pay- ment as provided in Subparagraphs 9.9.4 and 9.9.5, shall be subject to arbitration upon the written demand of ei- ther party. However, no demand for arbitration of any such claim, dispute or other matter may be made until the earlier of (1) the date on which the Architect has rendered a written decision, or (2) the tenth day after the parties have presented their evidence to the Architect or have been given a reasonable opportunity to do so, if the Architect has not rendered his written decision by that date. When such a written decision of the Architect states (1) that the decision is final but subject to appeal, and (2) that any demand for arbitration of a claim, dispute or other matter covered by such decision must be made within thirty days after the date on which the party mak- ing the demand receives the written decision, failure to demand arbitration within said thirty days' period will re- sult in the Architect's decision becoming final and binding upon the Owner and the Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede any arbitration proceedings unless the decision is acceptable to all parties concerned. 2.2.13 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever, in his opinion, he considers it necessary or advisable for the implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of the Work in accordance with Subparagraph 7.7.2 whether or not such Work be then fabricated, installed or completed. However, neither the Architect's authority to act under this Subparagraph 2.2.13, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Architect to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 2.2.14 The Architect will review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.2.15 The Architect will prepare Change Orders in ac- cordance with Article 12, and will have authority to order minor changes in the Work as provided in Subparagraph 12.4.1. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 6 A201 -1976 AIAB • m 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1725 NEW YORK AVENUE, N.W , WASHINGTON, O.C. 20006 1 1 1 1 1 1 1 1 1 1 it 1 i1 1 .1 2.2.16 The Architect will conduct inspections to deter- mine the dates of Substantial Completion and final com- pletion, will receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract and assembled by the Contrac- tor, and will issue a final Certificate for Payment upon compliance with the requirements of Paragraph 9.9. 2.2.17 If the Owner and Architect agree, the Architect will provide one or more Project Representatives to assist the Architect in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of any such Project Representative shall be as set forth in an exhibit to be incorporated in the Contract Documents. 2.2.18 The duties, responsibilities and limitations of au- thority of the Architect as the Owner's representative dur- ing construction as set forth in the Contract Documents will not be modified or extended without written con- sent of the Owner, the Contractor and the Architect. 2.2.19 In case of the termination of the employment of the Architect, the Owner shall appoint an architect against whom the Contractor makes no reasonable objec- tion whose status under the Contract Documents shall be that of the former architect. Any dispute in connection with such appointment shall be subject to arbitration. • ARTICLE 3 OWNER 3.1 DEFINITION 3.1.1 The Owner is the person or entity identified as such in the Owner - Contractor Agreement and is referred to throughout the Contract Documents as if singular in num- ber and masculine in gender. The term Owner means the Owner or his authorized representative. 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 3.2.1 The Owner shall, at the request of the Contractor, at the time of execution of the Owner- Contractor Agree- ment, furnish to the Contractor reasonable evidence that he has made financial arrangements to fulfill his obliga- tions under the Contract. Unless such reasonable evi- dence is furnished, the Contractor is not required to execute the Owner - Contractor Agreement or to com- mence the Work. 3.2.2 The Owner shall furnish all surveys describing the physical characteristics, legal limitations and utility loca- tions for the site of the Project, and a legal description of the site. 3.2.3 Except as provided in Subparagraph 4.7.1, the Owner shall secure and pay for necessary approvals, ease- ments, assessments and charges required for the construc- tion, use or occupancy of permanent structures or for per- manent changes in existing facilities. 3.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable prompt- ness to avoid delay in the orderly progress of the Work. 3.2.5 Unless otherwise provided in the Contract Docu- ments, the Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably nec- essary for the execution of the Work. 3.2.6 The Owner shall forward all instructions to the Contractor through the Architect. 3.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumerated herein and especially those in respect to Work by Owner or by Separate Contractors, Payments and Completion, and In- surance in Articles 6, 9 and 11 respectively. 3.3 OWNER'S RIGHT TO STOP THE WORK 3.3.1 If the Contractor fails to correct defective Work as required by Paragraph 13.2 or persistently fails to carry out the Work in accordance with the Contract Docu- ments, the Owner, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK 3.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Archi- tect's additional services made necessary by such default, neglect or failure. Such action by the Owner and the amount charged to the Contractor are both subject to the prior approval of the Architect. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. ARTICLE 4 CONTRACTOR 4.1 DEFINITION 4.1.1 The Contractor is the person or entity identified as such in the Owner - Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contractor means the Contractor or his authorized representative. 4.2 REVIEW OF CONTRACT DOCUMENTS 4.2.1 The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Architect any error, inconsistency or omission he may dis- cover. The Contractor shall not be liable to the Owner or AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIMF • ® 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 A201 -1976 7 the Architect for any damage resulting from any such errors, inconsistencies or omissions in the Contract Docu- ments. The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved Shop Drawings, Product Data or Samples for such portion of the Work. 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely re- sponsible for all construction means, methods, tech- niques, sequences and procedures and for coordinating all portions of the Work under the Contract. 4.3.2 The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontrac- tors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor. 4.3.3 The Contractor shall not be relieved from his obli- gations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Architect in his administration of the Contract, or by inspections, tests or approvals required or performed un- der Paragraph 7.7 by persons other than the Contractor. 4.4 LABOR AND MATERIALS 4.4.1 Unless otherwise provided in the Contract Docu- ments, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or per- manent and whether or not incorporated or to be incor- porated in the Work. 4.4.2 The Contractor shall at all times enforce strict dis- cipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 4.5 WARRANTY 4.5.1 The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise speci- fied, and that all Work will be of good quality, f--- from faults and defects and in conformance with th, ntract Documents. All Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. If required by the Architect, the Contractor shall furnish•satisfactory evi- dence as to the kind and quality of materials and equip- ment. This warranty is not limited by the provisions of Paragraph 13.2. 4.6 TAXES • 4.6.1 The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective. 4.7 PERMITS, FEES AND NOTICES fees, licenses and inspections necessary for the proper execution and completion of the Work which are custom- arily secured after execution of the Contract and which are legally required at the time the bids are received. 4.7.2 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful or- ders of any public authority bearing on the performance of the Work. 4.7.3 It is not the responsibility of the Contractor to make certain that the Contract Documents are in accord- ance with applicable laws, statutes, building codes and regulations. If the Contractor observes that any of the Contract Documents are at variance therewith in any re- spect, he shall promptly notify the Architect in writing, and any necessary changes shall be accomplished by ap- propriate Modification. 4.7.4 If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regula- tions, and without such notice to the Architect, he shall assume full responsibility therefor and shall bear all costs attributable thereto. 4.8 ALLOWANCES 4.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by these allowances shall be supplied for such amounts and by such persons as the Owner may direct, but the Contractor will not be required to employ persons against whom he makes a reasonable objection. 4.8.2 Unless otherwise provided in the Contract Docu- ments: .1 these allowances shall cover the cost to the Con - •tractdr, less any applicable trade discount, of the materials and equipment required by the allowance delivered at the site, and all applicable taxes; .2 the Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, prof- it and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the allowance; .3 whenever the cost is more than or less than the allowance, the Contract Sum shall be adjusted ac- cordingly by Change Order, the amount of which will recognize changes, if any, in handling costs on the site, labor, installation costs, overhead, profit and other expenses. . 4,9 SUPERINTENDENT 4.9.1 The Contractor shall employ a competent superin- tendent and necessary assistants who shall be in attend- ance at the Project site during the progress of the Work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important commu- nications shall be confirmed in writing. Other communi- cations shall be so confirmed on written request in each case. 4.10 PROGRESS SCHEDULE 4.10.1 The Contractor, immediately after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information an estimated progress sched- 4.7.1 Unless otherwise provided in the Contract Docu- ments, the Contractor shall secure and pay for the build- ing permit and for all other permits and governmental AIA DOCUMENT A211 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 8 A201 - 1976 AIA• • 0 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW 1051) AVENUE, N.W., WASHINGTON, D.C. 20006 ule for the Work. The progress schedule shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practicable execution of the Work. 4.11 DOCUMENTS AND SAMPLES AT THE SITE 4.11.1 The Contractor shall maintain at the site for the Owner one record copy of all Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be available to the Architect and shall be delivered to him for the Owner upon completion of the Work. 4.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 4.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 4.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 4.12.4 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the Owner or any separate contractor, all Shop Drawings, Product Dita and Samples required by the Contract Documents. • 4.12.5 By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has determined and verified all materials, field meas- urements, and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Docu- ments. 4.12.6 The Contractor shall not be relieved of responsi- bility for any deviation from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data or Samples under Subparagraph 2.2.14 unless the Contractor has specifically informed the Architect in writing of such deviation at the time of sub- mission and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Architect's approval thereof. 4.12.7 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Architect on previous submittals. 4.12.8 No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be com- menced until the submittal has been approved by the Architect as provided in Subparagraph 2.2.14. All such portions of the Work shall be in accordance with ap- proved submittals. 4.13 USE OF SITE 4.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encum- ber the site with any materials or equipment. 4.14 CUTTING AND PATCHING OF WORK 4.14.1 The Contractor shall be responsible for all cutting, .fitting or patching that may be required to complete the Work or to make its several parts fit together properly. 4.14.2 The Contractor shall not damage or endanger any portion of the Work or the work of the Owner or any separate contractors by cutting, patching or otherwise altering any work, or by excavation. The Contractor shall not cut or otherwise alter the work of the Owner or any separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor shall not unreasonably withhold from the Owner or any separate contractor his consent to cutting or otherwise altering the Work. 4.15 CLEANING UP 4.15.1 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construc- tion equipment, machinery and surplus materials. 4.15.2 If the Contractor fails to clean up at the comple- tion of the Work, the Owner may do so as provided in Paragraph 3.4 and the cost thereof shall be charged to the Contractor. 4.16 COMMUNICATIONS 4.16.1 The Contractor shall forward all communications to the Owner through the Architect. 4.17 ROYALTIES AND PATENTS 4.17.1 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has rea- son to believe that the design, process or product speci- fied is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Architect. 4.18 INDEMNIFICATION 4.18.1 To the fullest extent permitted by law, the Con- tractor shall indemnify and hold harmless the Owner and the Architect and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or result- ing from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, MA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIAO • ® 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201 -1976 9 and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to ne- gate, abridge, or otherwise reduce any other right or obli- gation of indemnity which would otherwise exist as to any party or person described in this Paragraph 4.18. 4.18.2 In any and all claims against the Owner or the Architect or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnifi- cation obligation under this Paragraph 4.18 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 4.18.3 The obligations of the Contractor under this Para- graph 4.18 shall not extend to the liability of the Archi- tect, his agents or employees, arising out of (1) the prepa- ration or approval of maps, drawings, opinions, reports. surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instruc- tions by the Architect, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION 5.1.1 A Subcontractor is a person or entity who has a di- rect contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in num- ber and masculine in gender and means a Subcontractor or his authorized representative. The term Subcontractor does not include any separate contractor or his subcon- tractors. 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to per- form any of the Work at the site. The term Sub- subcon- tractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub - subcontractor or an authorized representa- tive thereof. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise required by the Contract Docu- ments or the Bidding Documents, the Contractor, as soon as practicable after the award of the Contract, shall fur- nish to the Owner and the Architect in writing the names of the persons or entities (including those who are to fur- nish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with any such proposed person or entity to whom the Owner or the Architect has made reasonable objection under the provi- sions of Subparagraph 5.2.1. The Contractor shall not be required to contract with anyone to whom he has a rea- sonable objection. 5.2.3 If the Owner or the Architect has reasonable objec- tion to any such proposed person or entity, the Contrac- tor shall submit a substitute to whom the Owner or the Architect has no reasonable objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitu- tion unless the Contractor has acted promptly and re- sponsively In submitting names as required by Subpara- graph 5.2.1. 5.2.4 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By an appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be per- formed by the Subcontractor, to be bound to the Con- tractor by the terms of the Contract Documents, and to as- sume toward the Contractor all the obligations and re- sponsibilities which the Contractor, by these Documents, assumes toward the Owner and the Architect. Said agree- ment shall preserve and protect the rights of the Owner and the Architect under the Contract Documents with re- spect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifi- cally provided otherwise in the Contractor - Subcontractor agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Docu- ments, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with his Sub- subcontractors. The Con- tractor shall make available to each proposed Subcon- tractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Paragraph 5.3, and identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make cop- ies of such Documents available to his Sub - subcontractors ARTICLE 6 WORK BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform work re- lated to the Project with his own forces, and to award AtA DOCUMENT ATM • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 10 A201 -1976 AIRS • m 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 273136 separate contracts in connection with other portions of the Project or other work on the site under these or similar Conditions of the Contract. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, he shall make such claim as pro- vided elsewhere in the Contract Documents. 6.1.2 When separate contracts are awarded for different portions of the Project or other work on the site, the term Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- Contractor Agreement. 6.1.3 The Owner will provide for the coordination of the work of his own forces and of each separate contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 6.2. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate his Work with theirs as required by the Contract Docu- ments. 6.2.2 If any part of the Contractor's Work depends for proper execution or results upon the work of the Owner or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Archi- tect any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall . constitute an acceptance of the Owner's or separate con- tractors' work as fit and proper to receive his Work, ex- cept as to defects which may subsequently become appar- rent in such work by others. 6.2.3 Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. 6.2.4 Should the Contractor wrongfully cause damage to the work or property of the Owner, or to other work on the site, the Contractor shall promptly remedy such dam- age as provided in Subparagraph 10.2.5. 6.2.5 Should the Contractor wrongfully cause damage to the work or property of any separate contractor, the Con- tractor shall upon due notice promptly attempt to settle with such other contractor by agreement, or otherwise to resolve the dispute. If such separate contractor sues or initiates an arbitration proceeding against the Owner on account of any damage alleged to have been caused by the Contractor, the Owner shall notify the Contractor who shall defend such proceedings at the Owner's ex- pense, and if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorneys' fees and court or arbitration costs which the Owner has incurred. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between the Contractor and sepa- rate contractors as to their responsibility for cleaning up as required by Paragraph 4.15, the Owner may clean up and charge the cost thereof to the contractors responsible therefor as the Architect shall determine to be just. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 GOVERNING LAW 7.1.1 The Contract shall be governed by the law of the place where the Project is located. 7.2 SUCCESSORS AND ASSIGNS 7.2.1 The Owner and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in re- spect to all covenants, agreements and obligations con- tained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to him hereunder, without the previous written consent of the Owner. 7.3 WRITTEN NOTICE 7.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at or sent by regis- tered or certified mail to the last business address known to him who gives the notice. 7.4 CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omis- sion of the other party or of any of his employees, agents or others for whose acts he is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. 7...5 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 7.5.1 The Owner shall have the right to require the Con- tractor to furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder if and as required in the Bidding Documents or in the Contract Documents. 7.6 RIGHTS AND REMEDIES 7.6.1 The duties and obligations imposed by . • Contract Documents and the rights and remedies available there- under shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise im- posed or available by law. 7.6.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIA• • 09 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201 -1976 11 7.7 TESTS 7.7.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having juris- diction require any portion of the Work to be inspected, tested or approved, the Contractor shall give the Architect timely notice of its readiness so the Architect may observe such inspection, testing or approval. The Contractor shall bear all costs of such inspections, tests or approvals con- ducted by public authorities. Unless otherwise provided, the Owner shall bear all costs of other inspections, tests or approvals. 7.7.2 If the Architect determines that any Work requires special inspection, testing, or approval which Subpara- graph 7.7.1 does not include, he will, upon written au- thorization from the Owner, instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as provided in Subparagraph 7.7.1. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Con- tract Documents, the Contractor shall bear all costs there- of, including compensation for the Architect's additional services made necessary by such failure; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. 7.7.3 Required certificates of inspection, testing or ap- proval shall be secured by the Contractor and promptly delivered by him to the Architect. 7.7.4 If the Architect is to observe the inspections, tests or approvals required by the Contract Documents, he will do so promptly and, where practicable, at the source of supply. 7.8 INTEREST 7.8.1 Payments due and unpaid uhder the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing at the place of the Project. 7.9 ARBITRATION 7.9.1 All claims, disputes and other matters in question between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach there- of, except as provided in Subparagraph 2.2.11 with re- spect to the Architect's decisions on matters relating to artistic effect, and except for claims which have been waived by the making or acceptance of final payment as provided by Subparagraphs 9.9.4 and 9.9.5, shall be de- cided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to the Contract Documents shall include, by consolida- tion, joinder or in any other manner, the Architect, his employees or consultants except by written consent con- taining a specific reference to the Owner- Contractor Agreement and signed by the Architect, the Owner, the Contractor and any other person sought to be joined. No arbitration shall include by consolidation, joinder or in any other manner, parties other than the Owner, the Contractor and any other persons substantially involved in a common question of fact or law, whose presence is required if complete relief is to be accorded in the arbi- tration. No person other than the Owner or Contractor shall be included as an original third party or additional third party to an arbitration whose interest or responsi- bility is insubstantial. Any consent to arbitration involving an additional person or persons shall not constitute con- sent to arbitration of any dispute not described therein or with any person not named or described therein. The foregoing agreement to arbitrate and any other agreement to arbitrate with an additional person or persons duly consented to by the parties to the Owner - Contractor Agreement shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.9.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Owner - Contractor Agreement and with the American Arbitration Associa- tion, and a copy shall be filed with the Architect. The demand for arbitration shall be made within the time limits specified in Subparagraph 2.2.12 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institu- tion of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.9.3 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain its progress during any arbitration proceedings, and the Owner shall con- tinue to make payments to the Contractor in accordance with the Contract Documents. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, the Contract Time is the period of time allotted in the Contract Documents for Substantial Completion of the Work as defined in Sub- paragraph B.1.3, including authorized adjustments thereto. 8.1.2 The date of commencement of the Work is the date established in a notice to proceed. If there is no notice to proceed, it shall be the date of the Owner - Contractor Agreement or such other date as may be established therein. 8.1.3 The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Qwner can occupy or utilize the Work or designated portion thereof for the use for which it is intended. 8.1.4 The term day as used in the Contract Documents shall mean calendar day unless otherwise specifically designated. 8.2 PROGRESS AND COMPLETION 8.2.1 All time limits stated in the Contract Documents are of the essence of the Contract. MA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 12 A201 -1976 AIM • e 1976 • 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 1 1 1 .1 1 1 8.2.2 The Contractor shall begin the Work on the date of commencement as defined in Subparagraph 8.1.2. He shall carry the Work forward expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the prog- ress of the Work by any act or neglect of the Owner or the Architect, or by any employee of either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, adverse weather condi- tions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor's control, or by de- lay authorized by the Owner pending arbitration, or by any other cause which the Architect determines may justify the delay, then the Contract Time shall be ex- • tended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Any claim for extension of time shall be made in writing to the Architect not more than twenty days after the commencement of the delay; otherwise it shall be waived. In the case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate of the probable effect of such delay on the progress of the Work. 8.3.3 If no agreement is made stating the dates upon which interpretations as provided in Subparagraph 2.2.8 shall be furnished, then no claim for delay shall be al- lowed on account of failure to furnish such interpreta- tions until fifteen days after written request is made for them, and not then unless such claim is reasonable. 8.3.4 This Paragraph 8.3 does not exclude the recovery of damages for delay by either party under other provi- sions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Owner- Contractor Agreement and, including authorized adjustments thereto, is the total amount payable by the Owner to the Contrac- tor for the performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Con- tractor shall submit to the Architect a schedule of values allocated to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, un- less objected to by the Architect, shall be used only as a basis for the Contractor's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT • 9.3.1 At least ten days before the date for each progress payment established in the Owner- Contractor Agreement, the Contractor shall submit to the Architect an itemized Application for Payment, notarized if required, supported by such data substantiating the Contractor's right to pay- ment as the Owner or the Architect may require, and re- flecting retainage, if any, as provided elsewhere in the Contract Documents. 9.3.2 Unless otherwise provided in the Contract Docu- ments, payments will be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site and, if approved in ad- vance by the Owner, payments may similarly be made for materials or equipment suitably stored at some other location agreed upon in writing. Payments for materials or equipment stored on or off the site shall be con- ditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equip- ment or otherwise protect the Owner's interest, including applicable insurance and transportation to the site for those materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work, materials and equipment covered by an Application for Payment will pass to the Owner either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, herein- after referred to in this Article 9 as "liens "; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other person performing Work at the site or furnishing materials and equipment for the Project, sub- ject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or other- wise imposed by the Contractor or such other person. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after the re- ceipt of the Contractor's Application for Payment, either issue a Certificate for Payment to the Owner, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor in writing his reasons for withholding a Certificate as pro- vided in Subparagraph 9.6.1. 9.4.2 The issuance of a Certificate for Payment will con- stitute a representation by the Architect to the Owner, based on his observations at the site as provided in Sub- paragraph 2.2.3 and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subse- quent tests required by or performed under the Contract Documents, to minor deviations from the Contract Docu- ments correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Con- tractor is entitled to payment in the amount certified. However, by issuing a Certificate for Payment, the Archi- tect shall not thereby be deemed to represent that he has made exhaustive or continuous on -site inspections to check the quality or quantity of the Work or that he has reviewed the construction means, methods, techniques, AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIA. • 0 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 A201 - 1976 13 sequences or procedures, or that he has made any exam- ination to ascertain how or for what purpose the Contrac- tor has used the moneys previously paid on account of the Contract Sum. 9,5 PROGRESS PAYMENTS 9.5.1 After the Architect has issued a Certificate for Pay- ment, the Owner shall make payment in the manner and within the time provided in the Contract Documents. 9.5.2 The Contractor shall promptly pay each Subcon- tractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcon- tractor is entitled, reflecting the percentage actually re- tained, if any, from payments to the Contractor on ac- count of such Subcontractor's Work. The Contractor shall, by an appropriate agreement with each Subcontractor, re- quire each Subcontractor to make payments to his Sub - subcontractors in similar manner. 9.5.3 The Architect may, on request and at his discretion, furnish to any Subcontractor, if practicable, information regarding the percentages of completion or the amounts applied for by the Contractor and the action taken there- on by the Architect on account of Work done by such Subcontractor. 9.5.4 Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any moneys to any Subcontractor except as may otherwise be required by law. 9.5.5 No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occu- pancy of the Project by the Owner, shall constitute an acceptance of any Work not in accorJance with the Con- tract Documents. 9.6 PAYMENTS WITHHELD 9.6.1 The Architect may decline to certify payment and may withhold his Certificate in whole or in part, to the extent necessary reasonably to protect the Owner, if in his opinion he is unable to make representations to the Owner as provided in Subparagraph 9.4.2. If the Architect is unable to make representations to the Owner as pro- vided in Subparagraph 9.4.2 and to certify payment in the amount of the Application, he will notify the Contractor as provided in Subparagraph ° 9.4.1. If the Contractor and the Architect cannot agree on a revised amot, the Architect will promptly issue a Certificate for Payment for the amount for which he is able to make such rep- resentations to the Owner. The Architect may also decline to certify payment or, because of subsequently discov- ered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued, to such extent as may be necessary in his opinion to protect the Owner from loss because of: .1 defective work not remedied, .2 third party claims filed or reasonable evidence indi- cating probable filing of such claims, .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment, .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum, .5 damage to the Owner or another contractor, .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, or . .7 persistent failure to carry out the Work in accord- ance with the Contract Documents. 9.6.2 When the above grounds in Subparagraph 9.6.1 are removed, payment shall be made for amounts withheld because of them. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Pay- ment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents any amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and the Architect, stop the Work until payment of the amount owing has been received. The Contract Sum shall be in- creased by the amount of the Contractor's reasonable costs of shut -down, delay and start -up, which shall be ef- fected by appropriate Change Order in accordance with Paragraph 12.3. 9.8 SUBSTANTIAL COMPLETION 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined in Subpara- graph 8.1.3, the Contractor shall prepare for submission to the Architect a list of items to be completed or cor- rected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. When the Architect on the basis of an inspection deter- mines that the Work or designated portion thereof is sub- stantially complete, he will then prepare a Certificate of Substantial Completion which shall establish the Date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall com- plete the items listed therein. Warranties required by the Contract Documents shall commence on the Date of Sub- stantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Owner and the Contractor for their written acceptance of the responsi- bilities assigned to them in such Certificate. 9.8.2 Upon Substantial Completion of the Work or desig- nated portion thereof and upon application by the Con- tractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or portion thereof, as provided in the Con- tract Documents. 9.9 FINAL COMPLETION AND FINAL PAYMENT 9.9.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon re- ceipt of a final Application for Payment, the Architect will AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 14 A201 -1976 AIAA • O 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N W., WASHINGTON. D.0 20006 1 1 1 1 promptly make such inspection and, when he finds the Work acceptable under the Contract Documents and the Contract fully performed, he will promptly issue a final Certificate for Payment stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been com- pleted in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor, and noted in said final Certificate, is due and payable. The Architect's final Certificate for Payment will constitute a further representation that the conditions precedent to the Contractor's being entitled to final payment as set forth in Subparagraph 9.9.2 have been fulfilled. 9.9.2 Neither the final payment nor the remaining re- tained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, (2) consent of surety, if any, to final payment and (3), if required by the Owner, other data establishing payment or satisfaction of all such obliga- tions, such as receipts, releases and waivers of liens aris- ing out of the Contract, to the extent and in such form as may be designated by the Owner. If any Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all mon- eys that the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.9.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by the 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 completed or cor- rected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in Paragraph 7.5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.9.4 The making of final payment shall constitute a waiver of all claims by the Owner except those arising from: .1 unsettled liens, .2 faulty or defective Work appearing after Substantial Completion, .3 failure of the Work to comply with the require- ments of the Contract Documents, or .4 terms of any special warranties required by the Contract Documents. 9.9.5 The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previ- ously made in writing and identified by the Contractor as unsettled at the time of the final Application for Pay- ment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY - 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take all reasonable precau- tions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: .1 all employees on the Work and all other persons who may be affected thereby; .2 all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub - subcontractors; and .3 other property at the site or adjacent thereto, in- cluding trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 10.2.2 The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as re- quired by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, in- cluding posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. 10.2.4 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy all damage or loss (other than damage or loss insured under Para- graph 11.3) to any property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, any Subcontractor, any Sub- subcontractor, or anyone di- rectly or indirectly employed by any of them, or by any- one for whose acts any of them may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to the acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contrac- tor. The foregoing obligations of the Contractor are in addition to his obligations under Paragraph 4.18. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIAO • Co 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201 -1976 15 10.2.6 The Contractor shall designate a responsible mem- ber of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contrac- tor's superintendent unless otherwise designated by the Contractor in writing to the Owner and the Architect. 10.2.7 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Con- tractor on account of emergency work shall be deter- mined as provided in Article 12 for Changes in the Work. ARTICLE 11 INSURANCE 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone di- rectly or indirectly employed by any of them, or by any- one for whose acts any of them may be liable: .1 claims under workers' or workmen's compensation, disability benefit and other similar employee bene- fit acts; .2 claims for damages because of bodily injury, oc- cupational sickness or disease, or death of his employees; .3 claims for damages because of bodily injury, sick- ness or disease, or death of any person other than his employees; .4 claims for damages insured by usual personal in- jury liability coverage which are sustained (1) by any person as a result of an offense directly or in- directly related to the employment of such person by the Contractor, or (2) by any other person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and .6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. • 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than any limits of liability specified in the Contract Documents, or required by law, which- ever is greater. 11.1.3 The insurance required by Subparagraph 11.1.1 shall include contractual liability insurance applicable to the Contractor's obligations under Paragraph 4.18. 11.1.4 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain a provision that coverages afforded "under the policies will not be can- celled until at least thirty days' prior written notice has been given to the Owner. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under the Contract. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Work and shall insure against the perils of fire and ex- tended coverage and shall include "all risk" insurance for physical loss or damage including, without d uplication of coverage, theft, vandalism and malicious mischief. If the Owner does not intend to purchase such insurance for the full insurable value of the entire Work, he shall in- form the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of himself, his Subcontrac- tors and the Sub- subcontractors in the Work, and by ap- propriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by failure of the Owner to purchase or maintain such insurance and to so notify the Contractor, then the Owner shall bear all reasonable costs properly attributable thereto. If not cov- ered under the all risk insurance or otherwise provided in the Contract Documents, the Contractor shall effect and maintain similar property insurance on portions of the Work stored off the site or in transit when such por- tions of the Work are to be included in an Application for Payment under Subparagraph 9.3.2. 11.3.2 The Owner shall purchase and maintain such boiler and machinery insurance as may be required by the Con- tract Documents or by law. This insurance shall include the interests of the Owner, the Contractor, Subcontrac- tors and Sub - subcontractors in the Work. 11.3.3 Any loss insured under Subparagraph 11.3.1 is to be adjusted with the Owner and made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause and of Subparagraph 11.3.8. The Con- tractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor, and by ap- propriate agreement, written where legally required for validity, shall require each Subcontractor to make pay- ments to his Sub - subcontractors in similar manner. 11.3.4 The Owner shall file a copy of all policies with the Contractor before an exposure to loss may occur. 11.3.5 If the Contractor requests in writing that insurance for risks other than those described in Subparagraphs 11.3.1 and 11.3.2 or other special hazards be included in the property insurance policy, the Owner shall, if pos- sible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. AIA DOCUMENT A251 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 16 A201 - 1976 AIA • 0 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1 1 1 1 1 11.3.6 The Owner and Contractor waive all rights against (1) each other and the Subcontractors, Sub- subcontractors, agents and employees each of the other, and (2) the Architect and separate contractors, if any, and their sub- contractors, sub - subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Paragraph 11.3 or any other property insurance applicable to the Work, except such rights as they may have to the pro- ceeds of such insurance held by the Owner as trustee. The foregoing waiver afforded the Architect, his agents and employees shall not extend to the liability imposed by Subparagraph 4.18.3. The Owner or the Contractor, as appropriate, shall require of the Architect, separate con- tractors, Subcontractors and Sub- subcontractors by ap- propriate agreements, written where legally required for validity, similar waivers each in favor of all other parties enumerated in this Subparagraph 11.3.6. 11.3.7 If required in writing by any party in interest, the Owner as trustee shall, upon the occurrence of an insured loss, give bond for the proper performance of his duties. He shall deposit in a separate account any money so re- ceived, and he shall distribute it in accordance with such agreement as the parties in interest may reach, or in ac- cordance with an award by arbitration in which case the procedure shall be as provided in Paragraph 7.9. If after such loss no other special agreement is made, replace- ment of damaged work shall be covered by an appropri- ate Change Order. 11.3.8 The Owner as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to the Owner's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Paragraph 7.9. The Owner as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If dis- tribution of the insurance proceeds by arbitration is re- quired, the arbitrators will direct such distribution. 11.3.9 If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Com- pletion thereof, such occupancy or use shall not com- mence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have con- sented by endorsement to the policy or policies. This in- surance shall not be cancelled or lapsed on account of such partial occupancy or use. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 11.4 LOSS OF USE INSURANCE 11.4.1 The Owner, at his option, may purchase and main- tain such insurance as will insure him against loss of use of his property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of his property, including con- sequential losses due to fire or other hazards however caused, to the extent covered by insurance under this Paragraph 11.4. ARTICLE 12 CHANGES IN THE WORK 12.1 CHANGE ORDERS 12.1.1 A Change Order is a written order to the Contrac- tor signed by the Owner and the Architect,' issued after execution of the Contract, authorizing a change in the Work or an adjustment in the Contract Sum or the Con- tract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates his agreement there- with, including the adjustment in the Contract Sum or the Contract Time. 12.1.2 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Docu- ments. 12.1.3 The cost or credit to the Owner resulting from a change in the Work shall be determined in one or more of the following ways: .1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 by unit prices stated in the Contract Documents or subsequently agreed upon; .3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or 1 by the method provided in Subparagraph 12.1.4. 12.1.4 If none of the methods set forth in Clauses 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contrac- tor, provided he receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then be determined by the Architect on the basis of the reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Con- tract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clauses 12.1.3.3 and 12.1.3.4 above, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized account- ing together with appropriate supporting data for inclu- sion in a Change Order. Unless otherwise provided in the Contract Documents, cost shall be limited to the fol- lowing: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fringe benefits re- quired by agreement or custom; workers' or workmen's compensation insurance; bond premiums; rental value of equipment and machinery; and the additional costs of supervision and field office personnel directly attributable to the change. Pending final determination of cost to the Owner, payments on account shall be made on the Archi- tect's Certificate for Payment. The amount of credit to be allowed by the Contractor to the Owner for any deletion MA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIM • ® 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1T3S NEW YORK AVENUE, N.W., WASHINGTON, D.0 2006 A201 -1976 17 or change which results in a net decrease in the Contract Sum will be the amount of the actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect to that change. 12.1.8 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities orig- inally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will cause substantial in- equity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. 12.2 CONCEALED CONDITIONS 12.2.1 Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents, or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordi- narily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contract Sum shall be equitably ad- justed by Change Order upon claim by either party made within twenty days after the first observance of the conditions. 12.3 CLAIMS FOR ADDITIONAL COST 12.3.1 If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Architect written notice thereof within twenty days after the occur- rence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall pro- ceed in accordance with Paragraph 10.3. No such claim shall be valid unless so made. If the Owner and the Con- tractor cannot agree on the amount of the adjustment in the Contract Sum, It shall be determined by the Architect. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. 12.3.2 If the Contractor claims that additional cost is in- volved because of, but not limited to, (1) any written interpretation pursuant to Subparagraph 2.2.8, (2) any order by the Owner to stop the Work pursuant to Para- graph 3.3 where the Contractor was not at fault, (3) any written order for a minor change in the Work issued pur- suant to Paragraph 12.4, or (4) failure of payment by the Owner pursuant to Paragraph 9.7, the Contractor shall make such claim as provided in Subparagraph 12.3.1. 12.4 MINOR CHANGES IN THE WORK 12.4.1 The Architect will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Docu- ments. Such changes shall be effected by written order, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 13 UNCOVERING AND CORRECTION OF WORK 13.1 UNCOVERING OF WORK 13.1.1 If any portion of the Work should be covered con- trary to the request of the Architect or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for his observation and shall be replaced at the Contractor's expense. 13.1.2 If any other portion of the Work has been covered which the Architect has not specifically requested to ob- serve prior to being covered, the Architect may request to see such Work and it shall be uncovered by the Con- tractor. If such Work be found in accordance with the Contract Documents, the cost of uncovering and replace- ment shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance with the Contract Documents, the Contractor shall pay such costs unless it be found that this condition was caused by the Owner or a separate contractor as provided in Article 6, in which event the Owner shall be responsible for the payment of such costs. 13.2 CORRECTION OF WORK 13.2.1 The Contractor shall promptly correct all Work rejected by the Architect as defective or as failing to con- form to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the Owner of desig- nated equipment or within such longer period of time as may be prescribed by law or by the terms of any appli- cable special warranty required by the Contract Docu- ments, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condi- tion. This obligation shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all por- tions of the Work which are defective or non - conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.2, unless removal is waived by the Owner. 13.2.4 If the Contractor fails to correct defective or non- conforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2. the Owner may correct it in accordance with Paragraph 3.4. AIA DOCUMENT A2111 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 18 A201 - 1976 AIAS • © 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W • WASHINGTON, D.C. 2W06 13.2.5 If the Contractor does not proceed with the cor- rection of such defective or non - conforming Work within a reasonable time fixed by written notice from the Archi- tect, the Owner may remove it and may store the mate- rials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensa- tion for the Architect's additional services made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be Issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. 13.2.6 The Contractor shall bear the cost of making good all work of the Owner or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents, including Paragraph 4.5 hereof. The establishment of the time period of one year after the Date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Docu- ments relates only to the specific obligation of the Con- tractor to correct the Work, and has no relationship to the time within which his obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be com- menced to establish the Contractor's liability with respect to his obligations other than specifically to correct the Work. 13.3 ACCEPTANCE OF DEFECTIVE OR NON - CONFORMING WORK 13.3.1 If the Owner prefers to accept defective or non- conforming Work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 14 TERMINATION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 If the Work is stopped for a period of thirty days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or a Subcontractor or their agents or employ- ees or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor because the Architect has not issued a Certifi- cate for Payment as provided in Paragraph 9.7 or because the Owner has not made payment thereon as provided in Paragraph 9.7, then the Contractor may, upon seven addi- tional days' written notice to the Owner and the Archi- tect, terminate the Contract and recover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construc- tion equipment and machinery, including reasonable profit and damages. 14.2 TERMINATION BY THE OWNER 14.2.1 If the Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his credi- tors, or if a receiver is appointed on account of his in- solvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is pro- vided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any right or remedy and after giving the Contractor and his surety, if any, seven days' written notice, terminate the employment of the Contractor and take possession of the site and of all mate- rials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem expedient. In such case the Contractor shall not be en- titled to receive any further payment until the Work is finished. 14.2.2 If the unpaid balance of the Contract Sum exceeds the costs of finishing the Work, including compensation for the Architect's additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or to the Owner, as the case may be, shall be certified by the Architect, upon application, in the manner provided in Paragraph 9.4, and this obliga- tion for payment shall survive the termination of the Contract. AIA DOCUMENT A2111 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1976 AIM • e 1976 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20906 A2 - 1976 19 01 SUPPLEMENTS SUPPLEMENTARY CONDITIONS The following supplements modify, change, delete, or add to the General Conditions. Where any part of the General Conditions is modified or voided by these Articles, the unaltered provisions of that part shall remain in effect. ARTICLE I - CONTRACT DOCUMENTS 1.2.3 Delete in its entirety and substitute the following: 1.2.3 The - Drawings and Specifications are to be considered as cooperative and all work necessary for the execution of the work if shown on the Drawings and not described in the specifications and all work described in the Specifications and not shown on the Drawings, or any work which is obviously necessary to complete the work within the limits established by the Drawings and by the Specifications, shall be considered as a part of the Contract and shall be executed by the Contractor in the same manner and with the same character of material as other portions of the Contract without extra compensation. The Agreement and each of the Contract Documents are complimentary, and they shall be interpreted so that what is called for by one shall be as binding as if called for by all. Should the Contractor observe any conflicts within the Contract Documents, he shall bring them to the Architect's attention for decision and revision as soon as possible after originally observed. In the event of duplications or conflicts of Contract Documents after the contract has been executed, the most expensive method of work, materials and equipment shall be construed as the requirement, with a credit for all costs saved accruing to the Owner in the event the least expensive method of work is directed. A duplication of work is not intended by the Contract Documents and any duplication specified shall not become a basis for extra cost to the Owner. Add new subparagraph: 1.2.5 In case of difference between Drawings and Specifications, the Specifications shall govern except in case of discrepancies between the Specifications and large —scale drawings in which case the latter shall govern. The drawings are intended to agree and to be mutually explanatory. Should any difference be found, whichever is more definite and complete shall be preferred to conflicting drawnout indications. Large Scale details will be preferred to small scale drawings and figured dimensions to scale measurements. Where figures are lacking, scale measurements may be followed, but in all cases the measurements are to be checked from the work in place. Should variations be found, they must be referred to the Architect for instructions. SUPPLEMENTARY CONDITIONS — 1 ARTICLE 2 - ARCHITECT Delete subparagraph 2.2.12 ARTICLE 4 - CONTRACTOR Add new subparagraphs: 4.6.2 The City of Round Rock is tax exempt. 4.6.2 The Contractor's attention is directed to Ruling No. 011 effective date, December 31, 1975 issued by the Comptroller of Public Accounts. Reference: Limited Sales, Excise and Use Tax, Rules and Regulations, State of Texas. A copy of this ruling may be obtained form the office of the Comptroller or may be examined at the office the Architect. The Contractor must comply with the requirements of the Ruling. The Owner will furnish the Contractor with an exemption certificate for the materials incorporated in the project. The Owner is exempt from city sales tax on the same basis as the State Sales Tax Exemption. 4.7.1 to be modified as follows: The contractor shall secure the building permit. All payment of City of Round Rock fees will be waived but all permits will be required. 4.9.1 Substitute the following in place of the first sentence. 4.9.1 The contractor shall maintain competent supervision in atten- dance at the project site during progress of the work Add to 4.12.4 the following: Add new subparagraph: 4.12.9 Shop drawings shall indicate clearly the number of items, their location, dimensions, materials, assembly, fastenings, finishes, material specifications and colors. They shall provide installation details at large enough scale to show definitely and accurately the requirements, including proper anchorage. 4.12.9.1 Three prints shall be sent to the Architect for his approval. One marked -up print shall be returned to the General General Contractor with necessary corrections. The Contractor shall make whatever distributions subsequently necessary. SUPPLEMENTARY CONDITIONS - 2 ARTICLE 7 - MISCELLANEOUS PROVISIONS 7.5.4 The Surety Company issuing bonds in connection with this project must be approved by the Owner and authorized to do business in the State of Texas. Delete 7.9 Arbitration ARTICLE 8 - TIME 8.3.1 Delete the following: "or by labor disputes ", "unusual" delay in transportation" and "or by delay authorized by the Owner pending arbitration ". Add the following: "Labor disputes are not defined as causes beyond the Contractor's Control ". ARTICLE 9 — PAYMENTS & COMPLETION 9.2.1 Add the following: each item on the schedule of values shall show separate amounts for labor and material and the total of all items shall equal the amount of the contract. Add the following paragraph: 9.4.3 Based upon applications for payment submitted to the Architect by the Contractor and certificates for payment issued by the Architect, the Owner will make progress payments, if appli- • cable, on account of the contract sum to the Contractor as provided in the Conditions of the contract as follows: 1. Not later than ten days from receipt of Architect's approved copy of contractor's application for payment, 90 percent of the proportion of the contract sum properly allocable to labor, materials and equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to the first day of that month, less the aggregate of previous payments in each case. 2. The remaining ten percent, is to be paid after substantial completion of the work, its acceptance by the Project Manager and Owner and after satisfactory evidence has been given by the Contractor that all of his bills have been paid and the entire building is free from liens. Substantial completion is defined as that time when the Architect completes a final inspection and issues a substantial completion certificate. Provided that the Owner at any time after seventy percent (70%) of the work has been completed finds that satisfactory progress is being made, may reduce the amount of retainage to five rercent (5%). No certificate given or payment made under this contract, either wholly or in part and no payment or certificate shall be con- strued to be an acceptance of defective work or improper materials. SUPPLEMENTARY CONDITIONS - 3 Add the following subparagraph: 9.9.E The Contractor shall include with his final application for payment, copies of all manufacturer's guarantees, service contracts and all other guarantees or warranties specified to extend beyond the one year period of his own guarantee. See paragraph 9.9.2 of General Conditions for additional requirements. ARTICLE 11 - INSURANCE 11.1.1 The Contractor shall submit to the Owner two (2) copies of an insurance certificate of certificates showing no less than the following coverage applicable to liability which could be incurred in conjunction with this project. 1. WORKMAN'S COMPENSATION (as required by law) 2. Bodily Injury Liability: 3. Property Damage Liability: each person $300,000.00 each accident $500,000.00 each accident $100,000.00 all accidents $300,000.00 4. Automobile Bodily Injury: each person $300,000.00 each accident $500,000.00 5. Automobile Property Damage: each accident $ 50,000.00 all accidents $ 100,000.00 Delete subparagraph 11.3.1 and substitute the following: 11.3.1 The Contractor shall provide a Builder's Risk policy to cover the entire project. The policy shall be made payable to the contractor, sub - contractors and the Owner as their interests appear. Submit two (2) copies of the policy to the Owner. Fire and Standard Extended Coverage shall be equal at all times to the amount which has been paid by the Owner for the work and materials plus the value of work accomplished and materials on the site which has not yet been paid for by the Owner. The policy shall include "A11 Risk" insurance for physical loss or damage including, without duplication, theft, vandalism and malicious mischief. 11.3.7 Delete the following, "and if such objection be made, arbi- trators shall be chosen as provided in Paragraph 7.9. The Owner as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If dis- tribution of the insurance proceeds by arbitrations is required, the arbitrators will direct such distribution ". SUPPLEMENTARY CONDITIONS - 4 Add new Article: ARTICLE 16 - ADDITIONAL CONDITIONS 16.1 Substitutions 16.1.1 Where a definite item, material or quality of materials is specified and /or shown on the drawings, the Contractor shall provide an item or material of the type and quality indicated. Where no definite type or quality is indicated, a first -class article, satisfactory to the Architect, shall be furnished. 16.1.2 If the Contractor wishes to propose an item or material for use on the project other than that specifically indicated on the drawings or in the specifications, he shall submit to the Architect a written request, together with complete specifications, des - scriptive matter, test reports and, if required by the Architect, samples of the item or material. 16.1.3 Requests of this nature shall be made not later than five (5) days prior to the bid opening date. After the contract award, requests for approval will again be received, but must be submitted not later than FIFTEEN DAYS after the date of the contract. 16.1.4 Any item or material approved by the Architect for use on the project shall he subject to the requirements and guarantees stipulated for the specified item or material. 16.1.5 Due to the nature of the Contract, the Contractor and Architect during construction will work together to produce the lowest cost to the Owner by substitution of products and materials upon approval of the Owner. 16.2 Workmanship 16.2.1 The entire installation shall be of the highest grade of workmanship. Only competent and experienced workmen are to be allowed on the project. Upon written request of the Architect or leis representative, the Contractor is to promptly withdraw from the project any workman who proves incompetent or fails to cooperate with the other crafts to the best interest of the work. SUPPLEMENTARY CONDITIONS - 5 PRIOR USE & OCCUPANCY The Contractor agrees that the Project, or a portion cr part of the Project, may be subject to use and occupancy before formal acceptance by the Owner under the following conditions:. A Certificate of Substantial Completion shall be prepared and executed as provided in Subrara;raph 9.7.1 of the General Conditions of the contract for construction, except that where, in the opinion of the Architect and the Owner, the contract is chargeable with unwarranted delay in completing the work or other contract requirements, the contractor's signature will not be required. The Certificate of Substantial Completion shall be accompanied by a written endorsement by the insurance carrier and surety of all contractors involved, which permits the Owner's occupancy during the remaining period of the work on the project. The Owner's occupancy shall not be deemed as an acceptance of that part of the project that is occupied by the Owner per previously aprroved pinch list iten.s. The Owner's occupancy shall not be deemed as a waiver by either the Owner or any Contractor of existing claims that they may have against each other. TO Contractor shall be deemed responsible for any damage that results from the Owner's occupancy to that part of the project occupied by the Owner. CC1TRACTOR'S DUTIhS & STATUS The Contractor accepts the relationship of trust and confidence established between him and the Owner by this agreement. He covenants with the Owner to furnish his best skill and judgement and to cooperate with the Architect in furthering the interests of the Owner. He agrees to furnish efficient business admini- stration and superintendence to use his best efforts to furnish at all times an adequate supply of workmen and materials and to perform the work in the best way and in the most expeditious and economical manner consistent with the interests of the Owner. SUPPLEMENTARY CONDITIONS — 6 INDEX of DRAWINGS PA -1 Title Sheet PA -2 Floor Plan PA -3 Exterior Elevations PA -4 Section /Details PS -1 Pro Shop Foundation Plan PS -2 Pro Shop Roof Framing Plan PS -3 Pro Shop Structual Details PE -1 Pro Shop Electrical Plan PM -1 Pro Shop Mechanical Plan PP -1 Pro Shop Plumbing Plan CA -1 Cart Storage FLOOR Plan CA -2 Cart Storage Elevations CS -1 Cart Storage Foundations CS -2 Cart Storage Roof Framing CS -3 Cart Storage Structual Details CE -1 Cart Storage Electrical -G- S P E C I F I C A T I O N S 1. SITE WORK A. Building pad will be furnished B. SOIL TREATMENT Chemically treat all soils under concrete floor slabs. Use one of the following chemicals at not less than the designated con- centration. Duraban TC PRYFON 6 DRAGNET 2. FOUNDATION SEE FOUNDATION PLANS Sheets PS -3, PS -3 3. MASONRY A. BRICK - Heritage Blend as manufactured by U.S. BRICK Allow $235.00 per 1,000 bricks. B. Sills - Brick C. Lintels - (see structural SH PS -2) D. Wall Ties - Corrugated G. I. @ 16" O.C. Vertically & 32" O.C. Horizontally. E. Mortar to have minimum compressive strength of 1,800 PSI. -1- 4. CARPENTRY All carpentry as required or inferrer; by plans and /or specified. Genera] contractor to cut and patch for all trades unless other- wise specified. All labor to be performed in a skillfoll, thorough manner. All material to be dimension, design and grade as herein specified. Any materi als specified by trade name are to be installed strictly in accordance with the manufacturer's specifications. 4.1 LUMBER & SHEET MATERIALS A. See Sheet PS -3 , CS -3 for framing specifications. B. 1 6 S.T.R. Center Match C. Soffit: 3/8" Plywood 4.02 FETAL FAS"•}:NE:FS AND ACCESSORIES A. Nails, spikes, and staples: Galvanized for exterior locations, high humidity locations, and treated wood; plain finish for other interior locations; size and type to suit applications. B. Bolts, nuts, washers, lags, pins, and screws: Medium carbon steel; sized to suit application; galvanized for exterior loca- tions, high humidity locations and treated word; plain finish for other interior locations. -2- C. Joist Hangers: Sized and profiled to suit application; galvanized finish. D. Fasteners; Expansion shield and lag bolt type for anchorage to solid rcasonry or concrete. Bolts or power activated type for anchorage to steel. E. Sill Fleshings; Clear po]yethylene sheet. 4.03 WOOD TREATMENT A. Shop pressure treat and deliver to site ready for installation pressure treated wood. B. The Standards of the American Wood Preservers Pureau and /or the American Wood Preservers Association shall be deen:ed as approved in respect to pressure treated wood. 4.04 FPAMIEn A. Erect wood framing members true to lines and levels. Do rot deviate fror.• true a] cr.nent more than 1/4 inch. B. Space framing members at 16 inches on center unless noted otherwise CD plans. C. Construct n embers of continuous pieces for longest possib] e l engths. D. Double wail framing members at openings over 100 square inches, unless noted otherwise cr hlans. Space short member above arc bel ow crenings in sane manner as for walls. E. Provide double joist headers at joist ends and around floor and ceiling openings. F. Place full width continuous sill fleshings under frar: walls placed on cer„entitious foundations. Lap joints minimum 4 inches. G. Install fire-blocking as required by code. H. Coordinate installation of wood trusses. 4.05 PLYWOOD SHEATElbC P. Place plywood roof and wall sheathing with end joints staggered. Secure sheets over fin,. bearing. Place perpendicular to framing members. —3— B. Place 1/2" plywood sheathing on all exterior walls as shown on drawings. Cover all surface with 15# felt. 4.0E PREFAY.R)CATKD NCOD T'HUSSF S Description: furnish and instal] manufactured roof trusses as described herein and where shown on the drawings. 4ANDA•RDS A. All work (where applicable) shall meet the requirements and recommendations of applicable portions of the following standards: 1. American Wood Preserver's Institute (A.W.F.I.). 2. Southern Pine Inspection Bureau (S.P.I.B.) 3. National Woodwork Narufacturer's Association (N.W.M.A.). 4. Western Wood Products Association (W.W.P.A.). 5. Truss Plate Institute (T.P.I.). E. American Institute of Timber Construction (A.I.T.C.). 7. American Lumber Standards Committee (A.L.S.C.). 8. National Forest Products Association (N.F.P.A.). d.07 SUBP"ITTALS A. Priorto manufacturing submit Shop Drawings with Engineer's Seal for: 1. Each different truss type. a. Include: design loading, member forces, truss Irori]e, ccnnector plate sizes and gages at each joint, for each truss. 2. Roof Framing Plans showing truss 1r,•cuts. 3. Frection Details and Requirements. 4.08 DELIVERY, STORAGE and HANDLING A. Hoof trusses shall be stored above ground on blocking sufficient to prevent toppling cr sliding; 1. If trusses are to be stored horizontally, the blocking should be on 8 foot centers maximum to prevent bending. 2. If trusses ate stored vertically, they shall be supported in a Harmer to prevent tipping or toppling. 3. Shipping bands that are tending to bend bottom chord are to be cut to prevent excessive damage. 4.09 JOB CONDITIONS A. Examine supporting structure and the conditions under which work is to be installed. Do not proceed with work until unsat- isfactory conditions are remedied. -4- PRODUCTS A. Truss Members: See SH PS -3, CS -3. B. Truss Connecting Plates: shall be 20 gauge (minimum) galvanized sheet metal, 33,000 psi yield, 48,000 psi tensile strength, "Gang Nail" or equal unless otherwise detailed. 4.10 INSTALLATION A. Roof Trusses: Erect trusses according to manufacturer's recommendations using atpropriate slings, tag lines, spreader bars, etc. as required. B. Bracings: Provide adequate temporary and final truss bracing to contend with live and dead loads during vulnerable stages. Final bracing should be sufficient to assure proper ridgidity of the overall roof. C. Under no circumstances shall any truss member be cut witicut tbe Architect's approval and written consent from truss engineer. 4.11 GYPSUM BOARD Gypsum board (see room finish schedule) 5/8" sheetrocli, recesE ec.ge. Joint system; bed joints, tape, float out wide, sand and texture in accordance with drawings. Use metal bead on all outside sheetrock corner: £ee ROOM FINISH SCHEDULE on PLANS Texture: Monterrey Drag, do sample for Architect's approval. Paneling: see FINISH SCHEDULE on PLANS 5. FLOORS See ROOM FINISH SCHEDULE for locations A. Vinyl Composition Tile: 1/8 architectural thickness, manufactured by ARMSTRONG' or equal. E. RUBBFR T)LF:: as manufactured FREUDENBERG to be "Norament" 992S for extra heavy traffic with a total minimum thickness of .40" 10 year warranty. Install in accordance with manufacturer's reconnendations. -5- C. CARPET: As manufactured by KRAUS CARPET MILLS LIMITED. Club House Style: pile fiber 100% BCF STRUDON IV, "Heather Laine" Olefin Tufted pile weight: 50 oz./yd. Pile Height: .394" Machine gauge: 1/8 Stitch count: 14.0 S.P.I. Density: 4568 Yarn Construction: 2600 denier - BCF Coloration: Multi -color shaded design Total weight: 82.8 oz. /yd. Color: T79707 - Teal Rose Install: Direct glue -down per Manufacturer's recommendations D. Rubber Cove Base as manufactured by "ROPPE ". 4" -6- 6.01 BATH ACCESSORIES - See Hardware Schedule 6.02 TOILET PARTITIONS As manufactured by Global or equal. Embassy /Overhead Braced Provide Architect with color chips for color selection. 7.01 HARDWARE FURNISHED IN GENERAL CONTRACT: Shall be as manufactured by FALCON or equal. All materials and finishes as specified on Hardware Schedule. 8.01 INTERIOR DOORS & TRIM Doors: See Door Schedule for type and thickness Base: Type B 1/2" X 5 1/4" BWP 514B Door Trim: 11/16" X 3 1/2" - BWP FLUT 31215 with AWP Rosette 334 at corners Ceiling trim: 8012 Crown - BWP 8012 8.02 EXTERIOR DOORS 6. BATH ACCESSORIES 7. HARDWARE 8. MILLWORK Entrance: 1 3/4" Thick Double Atrium with 15 light, Wood Grille, Glazed with clear 3/4" tempered insulating glass Other Entrance: 1 3/4" thick, metal insulated door panel at Grill work area Overhead Doors: 24 GA Series 424 as Manufactured by Overhead Door or equal, 6 Panel with 2" track, 4 sections TRACK MOUNTED SECURITY GRILL: as Manufactured by DYNAMIC - "ECONO- GRILLE" Model E9S126, provide cylinder locks per door 9. WINDOWS A. Windows: As Manufactured by PEACHTREE or EQUAL Glass: Clear Insulating - tempered Trim: Sheetrock return Sills: Paint grade wood BWPSTL 11/16" X 5 1/4" with TYPE B, BWP 314 Under stool B. GLAZING: Fixed glass: Clear 1/4" plate in Aluminum Store Front, Bronze Enamel finish. -7- Provide all finish woodwork shown on the drawings which is not specified elsewhere. 10.01 FIELD MEASUREMENTS A. The woodwork manufacturer is responsible for details and dimensions not controlled by job conditions and shall show on his shop drawings all required field measurements beyond his control. The General Contractor and the woodwork manufacturer shall cooperate to establish and maintain these field dimensions. 10.02 MATERIALS 10. CABINETS Material: Paint grade Plywood Doors: Paint grade Plywcod Shelves: Adjustable Toilets: Vanity Tops - see drawings A. Laminated Plastic: 1/16 inch thick, Wilson Art or Formica. 10.03 WOODWORK FOR PAIhTFD FIN)S1 A. All portions of casework fully concealed when opaque case doors are closed, storage and closet shelving shall be prepared for painted finish. B. Paint Grade 1. Yellow Pine: Custom grade (B or better) 2. Fir: Solid stock custom grade. Plywood - custon. grade, INT- DFPA -AB exposed two sides II+T- DFPA -Ad exposed one side. - 8- 11.0] Instal] fiberglass shingles in strict accordance with this specification and the applicable drawings including all flashing and roof penetrations. 11.02 RFLATF:D WORK A. Light Wooden Structure:. Fraying E. Sheet Metal Flashing and trim. 11.03 QUALITY ASSURANCE A. Fiberglass roofing shall he in accordance with those specifications required by roofing manufacturer as the basis for furnishing the prorated 30 year limited warranty. Roof installer shall supply Owner with two year materials ar.d Jabor warranty against leaks. Any leaks developed during the warranty period shall be repaired by the Installer at no expense to the Owner. 11.0d SAMPLES A. Submit shingle samples representing the manufacturer's standard colors to the Architect for approval. Po not order materials until Architect's approval has been received. PRODUCT A. Fiberglass shingles: GAF Timberline cr ELK PRESTIQUE Random Shake textured shingle or approved equal. 11. ROOFING B. Roofing Felt: #15 asphalt- saturated felt. C. Nails: Fot galvanized steel with heads a minimum of 3/8 inch in diameter with 1 1/2 inch shanks. 11.05 WORI(iANSY] A. Workmanship and installation of shingle work herein specified shall be in accordance with the best practice for asphalt shingle work. -9- 11.05 continued B. Nail two layers of #15 felt laid horizontally and lapped two inches beneath shingles laid directly on roof sheathing per manufacturer's instructions. C. Nail shingles to the decking in the pattern approved by the manufacturer. Stapling of shingles will not be permitted. D. Ridge shingles will be required. Use galvanized metal for all valleys as specified. 11.06 CLEAN -UP A. Should stain or damage to any wall surface result from work under this Section, the responsibility of securing a perfectly clean repair of these damages is to be that of the subcontractor doing the damage. 11.07 CANOPY COVER- Provide steel frame with canopy cover of 100% Acrylic as manufactured by SUNBRELLA. Measure conditions at site before manufacturing. Provide three colors in stripe pattern as required by Architect. Submit samples for selection. 13. SHEETMETAL Gutter GA /WGT 22, Size 6 X 6 Square shaped Downspout GA /WGT 26, Size 4 X 4 Square shaped Exhausts GA /WGT 26, Size: per plan Sidewall Flashing GA /WGT 26, L shaped Valleys GA /WGT 26 Extend all vents through roof and terminate with a patented raincap. 14. INSULATION 14.01 INSULATION install per plan. Location Thickness Material & Installation Exterior walls 3 1/2" Fiberglass Batts R11 Ceiling 6 inches Fiberglass Batts R19 ** *INSULATE around toilet rooms for sound insulation * ** 15. PAINTING 15.01 EXTERIOR All Exterior Wood paint with 2 coats of Sherwin Williams or equal. Paint all metal with 1 coat of Primer and 2 coats of enamel with Sherwin Williams or equal. Caulk as necessary. -10- 15.02 INTERIOR A. Sheetrock will be taped and floated, 1 coat of texture and 2 coats of latex. B. Cabinets: 1 Coat of primer and 2 coats of latex enamel. C. Metal: 1 coat of primer, 2 coats of enamel of Sherwin Williams or equal D. Trim: One coat of primer, 2 coats of latex enamel of Sherwin Williams or equal. F. Doors: One coat of primer, 2 coats of latex enamel of Sherwin Williams or equal. All paints and finishes to be applied strictly in accordance with manufacturer's directions on containers. 16. PLUMBING 16.01 All plumbing to conform to city, state and county plumbing and health codes and /or local ordinances. See SHEET PP -1 for FIXTURE SCHEDULE Water Piping should be copper, type 'K', no joints in slab. Exterior drains will be PVC. Interior drains will be PVC. Hose bibs as shown on plans. Water Heater - See Fixture Schedule All service stubbed out 5 "0" from edge of slab, and properly capped for future connection. 17.01 All wiring, panels, and service to conform to national electrical code and /or local ordiances. All air conditioning hook -up, including low voltage, by electrical contractor. Provide two spare circuits on panel box and install light fixtures. 17.02. Contractor to connection to transformer as set by T.U. ELECTRIC. Service will be three phase. Panel will have square D or equal circuit breaker. Copper wiring is required in conduit. 17.03 Install 25 pair cable to phone locations. 17.04 Install cable for Television cable reception at interim locations as shown on SHEET PE -1. 18.01 EQUIPMENT SYSTEM Make: Aircoaire or equal SEE SHEET PM -1 for Equipment Schedule. 18.02 DESIGN CONDITIONS 17. ELECTRICAL 18.HEATING & AIR CONDITIONING Air conditioning contractor shall • meet these requirements with air conditioning equipment: COOLING - Indoor temperature 75, Outdoor temperature 100. HEATING - Indoor temperature 78, Outdoor temperature 15. If these conditions cannot be maintained, the a/c contractor will install a/c equipment which will perform at these conditions at no extra expense to the owner. -12-