The URL can be used to link to this page

R-97-04-24-10C - 4/24/1997Date: 3/5/98 To: Bob Bennett City Manager Bob, CITY OF ROUND ROCK INTEROFFICE MEMORANDUM From: Larry Madsen Public Works Re: Police Dept. Change Order Please call me if you have any questions. Thanks for your help. PUBLIC WORKS DEPARTMENT Enclosed are three copies of a change order for the addition and renovations to the Police Department buildings. These are some items dealing with ADA requirements and other items in which the plans did not reflect or show the proper need or requirement. Buster Kuhlmann has worked out the money with finance for these items so the money is there to finish the work. ( q7- O11-2.0-al And ASST CIATES ARCHITECTS PROJECT: (name, address) TO (Contractor): T.F. Harper & Associates INITIATION DATE: February 27, 1998 103 Red Bird Lane Austin, Texas 78745 ARCHITECTS PROJECT NO: 2139 CONTRACT FOR: General Construction CONTRACT DATE: 04/28/97 You are directed to make the following changes in this Contract: 7.1 Building 13', Second Floor Waiting Room: Replace Door #29 with 1 W x 3'0° x 6'8 solid core paint grade birch door with two tempered glass metal light kits (one light to be 24" x 30 ", one Tight to be 24" x 24 "). Wood on door to be finished to match existing doors 7.2 Building 'B', Second Floor In front of Door #29, prep and re -float approximately 2' away from door to make ADA accessible. 7.3 Building B', 1 Floor. Install insulation at wall between men's restroom/phone closet and Common area. 7.4 Building' C', 1" Floor Install new door and frame (shown on plans as an existing door #X32 but it is not existing) between reception area and hallway. 7.5 Building B', 1" Floor. Close in new reception counter with framed tempered glass, Including talk- through devices /areas. 7.6 Building '13', 1° Floor. Make Door #23A ADA accessible by using either Duro threshold ramp or concrete patch. Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time, The original (Contract Sum) (Guaranteed Maximum Cost was $ 780,688.00 Net change by previously authorized Change Orders $ 6,819.50 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Chang(. Order was $ 784,507.50' The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order $ 6,040.95 The Contract Time will be (increased) (decreased) (unchanged) by ( -18 -) Days. The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ...$ 790,548 45 The Date of Substantial Completion as of the date of this Change Order is January 1, 1998. Authorized: R. Gill & Associates P.O. Box 217 Round Rock, Texas 78680 R.(i(t(IE& P.O. BO ROUND ROCK, T A BY S 78680 -0217 CHANGE ORDER Distribution to: OWNER ARCHITECT CONTRACTOR FIELD OTHER Round Rock Police Station CHANGE ORDER NUMBER: 7 Round Rock, Texas T.F. Harper & Associates 103 Red Bird Lane Austin, Texas 78745 CONTRACTOR OWNE BY DATE .g/0/98 City of Round Rock 211 East Main Street Round Rock, Texas 78664 BY $ 932 65 $ 416.30 $ 209.30 $1,628.40 $2,438.00 416.30 $6,040.95 DATE 3 / i IF : MAIN ST. (78664) (512) 255-7852 FAX (512) 255 -5445 DATE: July 10, 1998 TO: Bob Bennett City Manager FROM: Larry Madsen Construction Manager RE: Bob, Thanks, CITY OF ROUND ROCK £ - 97 -04 2L- /oC INTEROFFICE MEMORANDUM Police Dept. Bond Project Attached is a change order for the Police Dept. Project. It is an adjustment that results in a $3,380.07 credit for the city. I need to process this to finalize the contract with TF Harper Construction. Please return to me upon your approval. PUBLIC WORKS DEPARTMENT And ASS CIATES ARCHITECTS PROJECT: (name, address) TO (Contractor): T.F. Harper & Associates INITIATION DATE: June 30, 1998 103 Red Bird Lane Austin, Texas 78745 ARCHITECT'S PROJECT NO: 2139 CONTRACT FOR: General Construction CONTRACT DATE: 04/28/97 You are directed to make the following changes in this Contract: 8.1 Deduct unused signage allowance per contract $1,446.00 8.2 Deduct for credit due on hardware (HideII #87713) less extra hardware (Hide// #87714 & 87780) $1 934 07 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost was $ 780,688.00 Net change by previously authorized Change Orders $ 9,860.45 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was $ 790,548.45 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order The Contract Time will be (increased) (decreased) (unchanged) by $ 3,380.07 ( -0 -) Days. The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ...$''87;548:45 76 The Date of Substantial Completion as of the date of this Change Order is March 26, 1998. Authorized: R. Gill & Associates P.O Box 217 Round Rock, Texas 78060 ARCHI CT 8 DATE ‘09 /&: Pl DATE R. GILL & ASSOCIATES P.O. BOX 217 ROUND ROCK, TEXAS 78680 -0217 CHANGE ORDER Round Rock Police Station CHANGE ORDER NUMBER: 8 Round Rock, Texas Total Deductions T.F. Harper & Associates 103 Red Bird Lane Austin, Texas 78745 B CONTRACTOR OWNE Distribution to: OWNER ARCHITECT CONTRACTOR FIELD OTHER $3,380.07 City of Round Rock 211 East Main Street Round Rock, Texas 78664 BY aid DATE 7/ k 118 E. MAIN ST. (78664) (512) 255-7852 FAX (512) 255-5445 (38 R- /CC.' r eaMm4101261820321257/YRUN IVERSAI/SURETY OF A MERIC AFRISIEVORSEMNIZSMS State of Texas UNIVERSAL SURETY OF AMERICA Principal: T F Harper Construction Obligee: The City of Round Rock Amount: 8780,688.00 ss: P.O. BOX 1068 -Houston, Texas 77251 -1068 GENERAL POWER OF ATTO (� New ?Of, ce., 5+ DI—' Know All Men by These Presents, That UNIVERSAL SURETY OF //� the State of Texas, and having its principal office in Houston, Texas, does V 9.9-1 D(1f2. 1 • Steve its true and lawful Attomey(s) -in -Fact, with full power and authority her deliver bonds for: and to bind the company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the company and duly attested by its secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do within the above stated limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11th day of July, 1984. "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its corporate seal to be hereto affixed this 30th day of September, A.D., 1996. County of Harris On this 30th day of September, in the year of 1996, before me Rhonda Kay Wilke, a notary public, personally appeared John Knox, Jr., personally known to be the person who executed the within instrument as President, on behalf of the corporation therein named and acknowledged to me that the corporation executed It. BoedNumba TX 4781414 00 d and existing under the laws of ppoint pp Id, to execute, aclmowledge and fd z_ rri rn con � 01 UNIVERSAL SURETY OF AMERICA lrJ Jo nos, Jr. r� President ' 7 ticite Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in affect. GIVEN under my hand and the seal of said company, at Houston, Texas, this 10TH day of JUNE 19 97 . i • /77stant Secretary For venfication of the authority of this power you may telephone (713) 722 -4600. ifitifintlaNS SURETY OF AMERICA IMISSURNINCERVOINE £- -04i- - ice •Et UNIVERSAL OF AMERICA UNIVERSAL SURETY OF AMERICA the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint its true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for: 1 O Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of Principal: T F Harper Construction Obligee: The City of Round Rock Amount: $780,688.00 ss: P.O. BOX 1068 •Houston, Texas 77251 -1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY L j and to bind the company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the company and duly attested by its secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do within the above stated limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of W America at a meeting held on the 11th day of July, 1984. Q "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any power of attomey of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." W Fri In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its r, corporate seal to be hereto affixed this 30th day of September, A.D., 1996. 2 z Jr. President State of Texas County of Harris On this 30th day of September, in the year of 1996, before me Rhonda Kay Wilke, a notary public, personally appeared John Knox, Jr., personally known to be the person who executed the within instrument as President, on behalf of the corporation therein named and acknowledged to me that the corporation executed it. I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the qq Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in affect. LM GIVEN under my hand and the seal of said company, at Houston, Texas, this 10TH day of JUNE 19 97 As L11 i nt Secretary Steve Schulze UNIVERSAL SURETY OF AMERICA Notary Public Bond Number TX 4781414 00 I For verification of the authority of this power you may telephone (713) 722 -4600. SMISMINSEMSZSIESUNIVE SURETY OF AMERICAMPERESIMMINS for the Police Department Addition and Remodel, and WHEREAS, T.F. Harper Construction, Co. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of T.F. Harper Construction, Co., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with T.F. Harper Construction, Co. for the Police Department Addition and Remodel. RESOLVED this 24th day of April, 1997. ATTEST: R:\ WPDOCS \REsoLUTP \R070424C.UPD /tcg LAND, City Secretary RESOLUTION NO. R- 97- 04- 24-10C WHEREAS, the City of Round Rock has duly advertised for bids City of Round Rock, Texas And ASST CIATES April 3, 1997 Mr. Larry Madsen City of Round Rock Department of Public Works 2008 Enterprise Round Rock, Texas 78664 Re: Round Rock Police Station Addition and Remodel Dear Larry: I have spoken to five references as supplied by T.F. Harper & Associates. He does a great deal of work for the State. All respondents said he completes his projects in a timely manner and most all his project work is done around ongoing operations. All respondents were very satisfied with his quality of work. With this information, I would recommend awarding the contract to T.F. Harper & Associates. If you have any questions, please call. ely, Ray RG:nwr R. GILL & ASSOCIATES P. O. BOX 217 ROUND ROCK, TEXAS 78680 -0217 (512) 255 -7852 FAX (512) 255 -5445 1 DATE: April 21, 1997 SUBJECT: City Council Meeting, April 24, 1997 ITEM: 10C. Consider a resolution authorizing the Mayor to execute an agreement for the Police Department Addition and Remodel. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: MEMORANDUM DATE: April 4, 1997 TO: Buster Kuhlmann Chief of Police FROM: Larry Madsen P.W. Construction Manager RE: Police Department Addition and Remodel On April 1, 1997 the City received eight bids for the Police Department remodel and addition project. Base bids ranged from a high of $954,062 to $780,688. T.F. Harper Construction Co. of Austin, Texas was the low bidder. Ray Gil architect for the project has talked with references and after his investigation is recommending approval for T.F. Harper Construction Co. and I agree . I am attaching a copy of Ray Grill's recommendation as well as a cost estimate for this project. COST ESTIMATES R. Gill & Associates Architecture $ 52,000 Printing Cost of Plans $ 490 Baker - Aicklen Engineering $ 9,735 Architectural Barriers Fee $ 570 Fiber Optics Cable $ 30,000 Construction Bid $780.688 TOTALS: $873,483 j J j T H E A M E R J C A N I N S T I T I J T E AGREEMENT made as of the twenty- eighth Nineteen Hundred and ninety seven. BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) The Project is: (Name and location) The Architect is: (Name and address) ..1i AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edttion of AIA Document A20I, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified This document has been approved and endorsed by The Associated General Contractors of America. day of City of Round Rock , 221 E. Main Street Round Rock, Texas 78664 T.E. Harper Construction 103 Red Bird Lane Austin, Texas 78745 City of Round Rock Police Department Remodel & Addition R. Gill & Associates P.G. Box 217 Round Rock, Texas 78680 The Owner and Contractor agree as set forth below. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. O F A R C H I T E C T S - oLT- ay -`oe_ April in the year of Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution A101 -1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents fisted in this Agreement and Modifications issued after execution of this Agreement, these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiat ions, representations or agreements, either written or oral An enumeration of the Contract Documents, other than Modifications, appears in Article 9 General Conditions (A201) Section 00750 — Conditions of Contract Drawings Specifications Addendum 1, 2, 3, 4, & 5 ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work descnbed in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, f tt callers from the date of this Agreement or, f applicable, state that the date will be fixed in a notice to proceed) The date will be fixed in the Notice to proceed. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's hens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (lnmrt the calendar date or number of calendar days after the date of commencement, Also meta any requtrements forearlier Substantial Completion of car- tam portions of the Work, If not staled elsewhere in the Contract Documents) 180 celendar days from Notice to Proceed. , subject to adjustments of this Contract Time as provided in the Contract Documents. (insert provisions, If any, Jim hquldared damages relating to failure to complete on time) AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAe • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D C. 20006 A101 -1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Seven Hundred Eighty Thousand Six Hundred Eighty Eighty Dollars (S 780, 688.00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other tdentJrcanon of accepted alternates Ifdec,stons on other alternates are to be madeby the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is vand ) NA 4.3 Unit prices, if any, are as follows: AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELVIFI EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A101 -1987 3 rs ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by, the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The penod covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the NA day of a month, the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment Is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shalt be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents The schedule of values shall allocate the enure Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ten percent ( 10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute maybe included as provided in Subparagraph 7.3 7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the sitc for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon m writing), less retainage of ten percent ( 113)I 5.6.3 Subtract the aggregate of previous payments made by the Owner, and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9 5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety — five percent ( 95 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10 3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows. NA (/fat ,s intended. /nor to Substantial Completion of the eNere u ark, to reduce or I,nn! the retab,agf bete „ tong from the poi-enrages non hnii Subpart, grape,. 5 6 / and 5 (2 share, and tins is not explained elsewhere (n the Contract Documents, inset pro, for such AIA DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • MA. • ©1987 THE AMERICAN INSTITL'7 E OF ARCIIITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C. 20006 A101 -1987 4 WARNING: Unlicensed photocopying violates U.S. copyright laws end Is subject to legal prosecution. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows- Reduction in retainage at Substantial Completion and Final Payment will require Consent of Surety. 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located (Insert rate of interest agreed upon, /f any NA ARTICLE 6 FINAL PAYMENT ARTICLE 7 MISCELLANEOUS PROVISIONS (Usury lases and requirements under the Federal Trulb to Lending Act, similar state and local consumer credit Taus and other regulations at the Owner's and Contractor'sprinapal places of business, the location of the Project and elsewhere may affect lie vanda) of this provision Legal admce should he obtained with respect to deletions or modifications, and also regarding requirements such as mitten disclosures or manners) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER CONTRACTOR AGREEMENT • TWELFTH EDITION • AIM • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.0 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A101 -1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, ALA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February 27, 1997 , and are as follows: Document Title Pages Specifications 00800 — Supplementary Conditions 1 — 11 9.1.4 The Specifications are those contained m the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (£aber ttst the Spec frcahorrs here or refer to an eabtbtt attached to this Agreement) Section Title Pages See attached Table of Contents marked Exhibit 'A' 1 — 2 AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W , WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright lows and Is subject to legal prosecution. A101 -1987 6 9.1.5 The Drawings are as follows, and are dated February 27, 1997 unless a different date is shown below. Other Its! the Draa pegs here or refer m an exbtha attached to tbk Agreement ) Number Title Date See attached Section 00850 — Drawing Index marked Exhibit 'S'. 9.1.6 The addenda, if any, are as follows: Number See attached addendums marked Exhibit 'C' — Addendum #1 Exhibit 'D' — Addendum #2 Exhibit 'E' — Addendum #3 Exhibit 'F' - Addendum #4 Exhibit '0' - Addendum #5 Addendums attached to Drawings and Specifications. Date Pages Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • ©1957 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C. 20006 A101 -1987 7 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 9.1.7 Other documents, tf any, forming part of the Contract Documents are as follows (List! any additional documents ubncb are intended to form part of tbe Contract Documents The General Continent prortde that bidding requirements such as advertisement or umtanon to bid, lnstruatons to Bidders, sample forms and !be Contractor's bid are not part of the Contract Documents unless enumerated in Ibis Agreement. They should be listed here only if Intended to be part of nx Contract Documents ) This Agreement is entered into as of the day and year first written above and 1s executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. lAf� (Signature) AIA CONTRACTOR f (Signature) Charles Culpepper, Mayor Thomas Harper (Printed name and title) (Printed name and title) CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A101 -1987 8 Pruned on Recycled Paper Reprinted 10193 SPECIAL CONDITIONS Conflict Among Provisions In the event of a conflict between any of the following provisions and any other provision of this Agreement, including the provisions of those contract documents listed in Article 2 of this Agreement, the provisions below will govern. Representations 1. Contractor hereby warrants and represents to Owner that: (a) Contractor is skilled and experienced in the construction of the type described herein. (b) Contractor has visited the job site and is satisfied as to the condition of the surface and sub- surface of the property, available labor supply, available material and supplies, and all other matters that could, in reasonable probability, affect the performance of the Work. c: \sharon \text \specond.sls /slb "Substantial Completion" 2. The term "substantial completion," as used in Article 5 of the Agreement between Owner and Contractor, means such completion as would reasonably permit the Owner to occupy the Project and begin the use for which the Project is intended. OWNER CONTRACTOR • g nature (Signature) t (gig ) Printed Name and Title: Printed Name and Title: Charles Culupepper, Mayor Thomas Harper, DIVISION 0 - DOCUMENTS DIVISION 1 - GENERAL REQUIREMENTS DIVISION 2 - SITEWORK DIVISION 3 - CONCRETE DIVISION 4 - MASONRY 00002 - Project Directory 00005 - Table of Contents 00020 - Invitation to Bidders 00100 - Instructions to Bidders 00300 - Bid for a Lump Sum Contract 00500 - Form of Agreement 00600 - Construction Bond Forms 00750 - Conditions of the Contract 00800 - Supplementary Conditions 00820 - Minimum Wage Rates 00850 - Drawing Index 01000 - General Requirements 01020 - Allowances 01030 - Altemates 01160 - Contractor Requirements 01300 - Submittals 01410 - Testing Laboratory Services 01500 - Temporary Facilities and Controls 01580 - Project Identification and Signs 01600 - Product Requirements 01700 - Contract Closeout 01710 - Cleaning 01720 - Record Documents 01740 - Warranties 02070 - Selective Demolition 07777 - Excavation 02223 - Backfilling 02250 - Compaction Control and Testing 02441 - Landscape Irrigation 02585 - Concrete Walks, Broom Finish 02900 - Soil Treatment, Termites 03100 - Concrete Formwork 03200 - Concrete Reinforcement 03300 - Cast -in -Place Concrete 03346 - Concrete Floor Finishing 04100 - Mortar 04340 - Reinforced Unit Masonry System SECTION 00005 TABLE OF CONTENTS 00005 -1 £X H rBST ` A' DIVISION 5 - METALS 05500 - Metal Fabrications DIVISION 6 - WOOD AND PLASTICS 06111 - Light Wooden Structures Framing 06112 - Framing Sheathing 06114 - Wood Blocking and Curbing 06181 - Glue Laminated Structures 06193 - Plate Connected Wood Trusses 06200 - Finish Carpentry 06410 - Cabinet Work DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07210 - Building Insulation 07412 - Pre - Formed Metal Roofing 07620 - Sheet Metal Flashing and Trim 07631 - Gutters and Downspouts 07920 - Sealants and Caulkings DIVISION 8 - DOORS AND WINDOWS 08110 - Standard Steel Doors 08111 - Standard Steel Frames 08115 - Packaged Metal Frames 08211 - Flush Wood Doors 08221 - Wood Doors & Frames 08351 - Accordion Folding Doors 08410 - Aluminum Entrances, Windows and Storefronts 08710 - Finish Hardware 08730 - Weatherstripping and Seals 08740 - Thresholds 08800 - Glazing DIVISION 9 - FINISHES 09110 - Nonload Bearing Wall Framing Systems 09220 - Portland Cement Plaster 09260 - Gypsum Wallboard Systems 09310 - Ceramic Floor Tile (Thin Set) 09510 - Acoustical Ceilings 09660 - Resilient Tile Flooring 09682 - Carpet 09910 - Exterior Painting 09920 - Interior Painting 09950 - Vinyl Wall Covering DIVISION 10 - SPECIALTIES DIVISION 15 - MECHANICAL 10260 - Comer Guards and Wall Bumpers 10440 - Signage 10500 - Lockers 10800 - Toilet and Bath Accessories DIVISION 11 - EQUIPMENT Not Used. DIVISION 12 - FURNISHINGS Not Used. DIVISION 13 - SPECIAL CONSTRUCTION Not Used. DIVISION 14 - CONVEYING SYSTEMS Not Used. END OF SECTION 00005 - 2 15010 - Basic Mechanical Requirements 15140 - Supports and Anchors 15190 - Mechanical Identification 15260 - Piping Insulation 15295 - Duct Insulation 15410 - Plumbing Piping 15440 - Plumbing Fixtures 15450 - Plumbing Equipment 15780 - Split System Heat Pump Systems 15870 - Power Ventilators 15890 - Ductwork 15910 - Ductwork Accessories 15936 - Air Outlets and Inlets 15990 - Testing, Adjusting and Balancing 15994 - Mechanical Systems Demonstration DIVISION 16 - ELECTRICAL 16000 - Electrical Civil Drawings 1 Cover Sheet and General Notes 2 Dimensional Control, Erosion/Sedimentation Control Plan 3 Site Grading and Drainage Plan 4 Dimensional Control, Erosion/Sedimentation Control Plan (Alternate Bid) 5 Site Grading and Drainage Plan (Alternate Bid) 6 Miscellaneous Details Architectural Drawings 1.0 Site Plan D2.0 Demolition Plan First Floor - Building D2.1 Demolition Plan Second Floor - Building B' D2.2 Photographs of Existing Conditions D2.3 Photographs of Existing Conditions 2.0 First Floor Plan - Building 'B' 2.1 Second Floor Plan - Building 'B' 2.2 First Floor Plan - Building 'C' 2.3 Second Floor Plan - Building 2.4 Floor Plan - Building D' 3.0 Elevations and Details - Building 'B' 3.1 Elevations - Building 'C' and 'D' 4.0 Elevations and Details 4.1 Sections and Details 4.2 Elevations and Details 4.3 Details and Door Schedule 4.4 Elevations and Details 5.0 Refl. Ceiling Plan - Building 'B' First Floor 5.1 Refl. Ceiling Plan - Building B' Second Floor 5.2 Refl. Ceiling Plan - Building 'C' First Floor 5.3 Refl. Ceiling Plan - Building Second Floor 5.4 Refl. Ceiling Plan - Building 'D' 6.0 Typical A.D.A. Standards 00850 DRAWINGS INDEX Structural Drawings S1.0 Foundation Plan S1.1 Foundation Plan (Partial) S2.0 Roofing Framing Plan S2.1 2nd Floor Framing Plan S2.2 Roof Framing Plan S3.0 Details S3.1 Details Mechanical Drawings M.1 Schedules M.2 First Floor Bldg. 'B' - HVAC M.3 Second Floor Bldg. 'B' - HVAC M.4 First Floor Bldg. 'C' - HVAC M.5 Second Floor Bldg. 'C' - HVAC M.6 Bldg. 'D' - HVAC Plumbing Drawings 00850 - 1 P.1 Plumbing Schedules P.2 First Floor Bldg. 'B' P.3 Second Floor Bldg: B' P.4 Bldg. 'D', Plumbing & Riser Diagrams Electrical Drawings � X N 18', r ‘13 E.1 Site Plan, Legend E.2 First Floor Lighting Plan Building 'B' E.3 First Floor Power Plan Building 'B' E.4 Second Floor Lighting Plan Building 'B' E.5 Second Floor Power Plan Building 'B' E.6 First Floor Lighting and Power Building 'C' E.7 Lighting Floor Plan Building 'C' E.8 Lighting Floor Plan Building 'D' E.9 Power Floor Plan E.10 Schedules END OF SECTION INSTRUCTION SHEET FOR AIA DOCUMENT A201, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -1987 Edition A. GENERAL INFORMATION 1. Purpose AIA Document A201, a general conditions forms, is intended to be used as one of the Contract Documents forming the Con- struction Contract In addition, it is frequently adopted by reference into a variety of other agreements, including the Owner - Architect agreements and the Contractor - Subcontractor agreements, in order to establish a common basis for the primary and secondary relationships on the typical construction project, 2. Related Documents The current edition of A201 is incorporated by specific reference into two AIA Owner•Contractor agreements (A101 and A111) and several AIA Owner - Architect agreements (3141, 8151, B161 and B181). It may also be adopted by indirect reference when the prime Agreement between the Owner and Contractor is adopted into a Subcontract, such as AIA Document A401, or when the prime Agreement between the Owner and Architect is adopted into Architect-Consultant agreements such as AIA Documents C141, C142 and 0161. Such incorporation by reference is a valid legal drafting method, and documents so incorporated are generally interpreted as part of the respective contract. The Contract Documents, including A201, record the Contract for Construction between the Owner and Contractor. The other Contract Documents include: Owner - Contractor Agreement Form (i.e., A101 or Alll) Supplementary and Other Conditions Drawings Specifications Modifications Also included in the Contract Documents are addenda issued prior to execution of the Contract and other documents listed in the Agreement. The A201 document is considered the keystone document coordinating the many parties involved m the construction process. As mentioned above and diagramed below, it is a vital document used to allocate the proper legal respon- sibilities of the parties. Owner - Contractor Contract for Construction Contractor - Subcontractor Contract for a Portion of the Work General Conditions Owner - Architect Contract for Design and Administration Archltect- Consultant Contract for a Portion of the Services The AIA publishes other General Conditions that parallel A201 for the construction management family of documents (AIA Document A201 /CM) and the interiors family of documents (AIA Document A271). For certain federal projects, the AIA publishes Federal Supplementary Conditions (AIA Document A201/SC) for use with A201. 3. Arbitration The A201 document incorporates ARBITRATION according to the Construction Industry Arbitration Rules of the American Arbitration Association Arbitration is BINDING AND MANDATORY in most states and under the federal Arbitration Act. In a minority of states, arbitration provisions related to future disputes are not enforceable, but arbitration is enforceable if agreed to after the dispute arises. A few states require that the contracting parties be especially notified that the written contract con- tains an arbitration provision by: a warning on the face of the document; specific placement of the arbitration provision within the document; or specific discussions among the parties prior to signing the document. Arbitration provisions have been included in most AIA contract forms since 1888 in order to encourage alternative dispute resolution procedures and to provide users of AIA documents with legally enforceable arbitration provisions when the parties choose to adopt arbitration into their contract. Individuals may, Jlowever, choose to delete the arbitration provisions based upon their business decisions with the advice of counsel. To obtain a copy of the Construction Industry Arbitration Rules, write to the American Arbitration Association, 140 West 51st St., New York, NY 10020. INSTRUCTION SHEET FOR AIA DOCUMENT A201 • 1987 EDITION • AIAe • TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHIN0.TON, DC 20006 1 4. Use of Non -AIA Forms If a combination of AIA documents and non -AIA documents is to be used, particular care must be taken to achieve consistency of language and intent. Certain owners require the use of owner - contractor agreements with general conditions and other contract forms which they prepare. Such forms should be carefully compared with the standard AIA forms for which they are being substituted before execution of an agreement. If there are any significant omissions, additions or variances from the terms of the related standard AIA forms, both legal and insurance counsel should be consulted. 5. Use of Current Documents Prior to using any AIA document, the user should consult the AIA, an AIA component chapter or a current AIA Documents Price List to determine the current edition of each document. 6. Reproduction AIA Document A201 is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AIA The A201 document is Intended to be used as a consumable —that is, the original docu- ment purchased by the user is intended to be consumed in the course of being used There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce them. A201 may not be reproduced for Project Manuals. Rather, if a user wishes to include it in a Project Manual, the normal practice is to purchase a quantity of the pre - printed forms and bind one in each of the Project Manuals. Modifications may be accom- plished through the use of separate Supplementary Conditions, such as those derived from AIA Document A5I1 Unlike the instruction sheets accompanying some AIA documents, this A201 Instruction Sheet does not include a license granting permission to reproduce the A201 document. AIA will not permit the reproduction of this document or the use of substantial portions of language from it, except upon written request and receipt of written permission from the AIA. B. CHANGES FROM THE PREVIOUS EDITION 1. Format Changes The provisions dealing with the rights and responsibilities of the Architect have been moved from Article 2 to Article 4, retitled Administration of the Contract, in order to focus on the Owner and the Contractor as the parties to the Construction Con- tract. Miscellaneous Provisions, formerly Article 7, is now Article 13. 2. Changes In Content The 1987 edition of A201 revises the 1976 edition to reflect changes in construction industry practices and the law Comments and assistance in this revision were received from numerous individuals and organizations, including those representing owners, architects, engineers, specifiers, general contractors, subcontractors, sureties, attorneys and arbitrators. Substantial changes have been made to the A201 document. The principal changes are as follows. Article 3: Contractor Warranty The warranty provision now explicitly excludes damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, and normal wear and tear under normal usage Article 4: Administration of the Contract Review of Shop Drawings The provision governing architect's review of shop drawings has been expanded, and now requires that the architect be given sufficient time in his or her professional judgment to conduct an adequate review. The general limitation on the purpose of the Architect's review to checking for conformance with the information given and the design concept expressed in the Contract Documents has been retained. In addition, language has been added specifically excluding purposes of checking details that are the responsibility of the Contractor Claims and Disputes — Provisions governing the handling of Claims and disputes have been expanded and brought together in a single paragraph to spell out procedures more clearly and sequentially; diagrams of the Change Order and Claims pro- cesses may be found on the last page of this Instruction Sheet. In the interest of expediting arbitration proceedings, a notice of demand for arbitration is now required to include all causes of action then known to the party filing the demand Limita- tions on consolidation or joinder in arbitration of the Architect or the Architect's employees or consultants have been retained Delays Due to Adverse Weather Conditions Claims for delay due to adverse weather conditions must now be substan- tiated by data showing that such conditions were out of the ordinary and had an adverse effect on the scheduled construction. Article 5: Subcontractors Contingent Assignment of Subcontracts —A new provision assigns Subcontracts to the Owner in the event that the Con- tract is terminated, and also provides for adjustment of the Subcontractor's compensation if termination has resulted in suspension of the Work for more than 30 days. Both Owner and Subcontractors are thus given a measure of protection from the effects of termination. INSTRUCTION SHEET FOR AIA DOCUMENT A201 • 1987 EDITION • AIA. • TIIE AMERICAN 2 INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVEM,E, NW, WASHINGTON, DC 20006 T H E • A M E R I C AN AIA I N S T I T U T E O F A R C H I T E C T S AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 14. TERMINATION OR SUSPENSION OF THE 7. CHANGES IN THE WORK CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N W., Washington, D.0 , 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201 -1987 1 Acceptance of Nonconforming Work . 96.6, 9.9 3, 12.3 Acceptance of Work ... .. . 9 6 6, 9.8 2, 9 9.3, 9.10 1, 9.10.3 Access to Work .. ..... ... 3.16, 62.1, 12.1 Accident Prevention Acts and Omissions .. 3.2.1, 3.2.2, 3 3 2, 3.12.8, 3.18, 4.2.3, 4.3.2, 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda .. . . ..... . . .. . .. . .. . 1 1.1, 3.11 Additional Cost, Claims for .. .. 4.3 6, 4 3.7, 4 3 9, 6 1 1, 10 3 Additional Inspections and Testing.. . .. 4 2 6, 9 8 2, 12.2.1, 13.5 Additional Time, Claims for '4 3 6, 4 3 8, 4 3 9, 8.3.2 ADMINISTRATION OF THE CONTRACT 3.3.3, 4, 9.4, 9.5 Advertisement or invitation to Bid 1.1 1 Aesthetic Effect , . .. .. .. 4.2.13, 4 5 1 Allowances ... , , ... , 3.8 All •risk Insurance 11.3 1 1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 9.5 1, 9.6,3, 9 8.3, 9 10.1, 9,10 3, 9.10 4, 11.1.3, 14.2.4 Approvals .... 2.4, 3 3 3, 3 5, 3.10 2, 3 12 4 through 3 12 8, 3 18 3, 4.2,7,932, 11.314, 1342, 13.5 Arbitration 4.1.4, 4.3 2, 4.3.4, 4.4 4, 4.5, 83.1, 10.1.2, 11.3.9, 11 3.10 Architect 4.1 Architect, Definition of .. .. 4,1.1 Architect, Extent of Authority , , 2 4, 3.12.6, 4 2, 4 3 2, 4.3.6, 4.4, 5 2, 6 3, 7.1 2, 7.2 1, 7 3 6, 7.4, 9.2, 9.3 1, 9.4, 9.5, 9 6 3, 9 8 2, 9 8 3, 9.10.1, 9 10 3, 12 1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility 3 3 3, 3.12 8, 3 12.11, 4 1.2, 4.2.1, 4 2.2, 4 2 3, 4.2 6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses .... . 2.4, 9 8 2, 11 3.1.1, 12 2.1, 12 2.4, 13.5.2, 13.5.3, 14.2 4 Architect's Administration of the Contract .. 4.2, 4 3 6, 4.3 7, 4.4, 9.4, 9.5 Architects Approvals 2.4, 3.5.1, 3. 10.2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authority to Reject Work . 3 5 1, 4 2 6, 12 1 2, 12 2 1 Architect's Copyright 1 3 Architect's Decisions. , . 4 2.6, 4 2.7, 4.2.11, 4.2.12, 4.2 13, 4.3.2,4.3.6,4.4.1,4.4 .4,4.5,6.3,7.3.6,73.8,8.13,831, 9.2,9.4,9.5.1,982,991, 1012, 1352, 1422, 1424 Architect's Inspections . .. 4 2.2, 4 2.9, 4 3.6, 9 4 2, 9 8.2, 9 9 2, 9.10.1, 13.5 Architect's Instructions 4 2 6,4 2.7, 4 2.8, 4 3.7, 7.4 1, 12 1, 13 5 2 Architect's Interpretations .. .. 4.2 11, 4 2 12, 4.3.7 Architect's On -Site Observations .. 4.2 2, 4.2.5, 4.3.6, 9.4 2, 9 5 1, 9.10 1, 13.5 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1 1 2 , 3 2 1, 3 2, 3 3 3, 3 5 1, 3 7 3, 3 11, 3 12.8, 3,12 11, 3 16, 3.18, 4 2 3, 4 2.4, 426, 42 12, 52, 622, 734, 9.8 2, 11.37, 121, 13.5 Architect's Relationship with Subcontractors .... 1.1.2, 4,2.3, 4.2 4, 4.2.6, 9.6.3, 9.6.4, 11.3.7 Architect's Representations . . .. , . ..... 9.4 2, 9.5.1, 9.10.1 Architect's Site Visits . , , .... 4 2 2, 4.2.5, 4.2.9, 4.3.6, 9 4.2, 9 5 1, 9.8.2, 9.9.2, 9.10.1, 13.5 Asbestos 10.1 Attorneys' Fees 3.18.1, 9.10.2, 10.1.4 Award of Separate Contracts.. . 6 1.1 ) Award of Subcontracts and Other Contracts for Portions of the Work .. ... .. . .. 5.2 Basic Definitions .. .. 1.1 Bidding Requirements .. . , .. . .. 1.1.1, 1.1.7, 5.2.1, 11.4.1 Boller and Machinery Insurance 11.3.2 Bonds, Lien ..... .... 9.10.2 Bonds, Performance and Payment . .. , 7 3 6 4, 9.10.3, 11.3 9, 11.4 2 A201 -1987 INDEX Building Permit ... .. • ..... • .. . 3.7.1 Capitalization ... 1.4 Certificate of Substantial Completion 9 8 2 Certificates for Payment 4.2.5, 4.2.9, 9,3 3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9 10.1, 9.10 3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval . 3.12.11, 13.5.4 Certificates of Insurance . 9.3 2, 9.10.2, 11 1 3 Change Orders 1 1 1, 2.4.1, 3.8.2.4, 3 11, 4 2.8, 4.3.3, 5.2 3, 7.1, 7.2, 7 3 2, 8.3.1, 9.3.1.1, 9.10 3, 11 3 1,2, 11 3.4, 11.3.9, 12.1.2 Change Orders, Definition of . 7 2,1 Changes , 7.1 CHANGES IN THE WORK .., 3 .11,4.2.8,7,8.3.1,9.3 11,10.1.3 Claim, Definition of 4.3.1 Claims and Disputes . . ... , . . 4.3, 4.4, 4.5, 6 2 5, 8.3.2, 9 3 1 2, 9 3 3, 9.10 4, 10.1.4 Claims and Timely Assertion of Claims 4.5.6 Claims for Additional Cost 4 3 6,4.3.7, 4 3 9, 6 1 1, 103 Claims for Additional Time . , 4 3 6, 4.3.8, 4.3.9, 8.3.2 Claims for Concealed or Unknown Conditions ... 4.3.6 Claims for Damages...3.18, 4.3.9, 6.1.1, 6.2.5, 8,3.2, 9,5 1,2, 10.1.4 Claims Subject to Arbitration ... , 4 3.2, 4.4..4 Cleaning Up . 3.15, 6 3 Commencement of Statutory Limitation Period . .. 13.7 Commencement of the Work, Conditions Relating to , , 2.1.2, 2,2.1, 3 2.1, 3,2 2, 3 7 1, 3,10.1, 3.12.6, 4,3.7, 5 2.1, 6 2 2, 8 1 2, 8 2.2, 9 2, 1113, 11.3.6, 11.4.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9 1, 4.2.4, 5.2.1 Completion, Conditions Relating to . . 3.11, 3 15, 4.2.2, 4.2.9, 4,3 2, 9 4 2, 9 8, 9.9.1, 9.10, 11.3.5, 12 2 2, 13.7.1 COMPLETION, PAYMENTS AND ... 9 Completion, Substantial . ... 4 2 9, 4 3.5 2, 8 1 1, 8 1 3, 8 2,3, 98,991, 1222, 137 Compliance with Laws 1 . 3 , 3 6, 3 7, 3.13, 4.1.1, 10 2 2, 11,1, 11 3, 13 1, 13.5.1, 13.5.2, 13.6, 14.1.1, 14 2.1.3 Concealed or Unknown Conditions , , . 4.3.6 Conditions of the Contract 1.1 1, 1.1.7, 6.1.1 Consent, Written .. .. . . ....... 1.3.1, 3.12.8, 3.14 2, 4 1 2, 4 3.4, 4 5 5, 9 3 2, 9 8 2, 9 9.1, 9,10.2, 9.10.3,10.1.2, 10.1.3, 11 3 1, 11 3 1.4, 11 3 11, 13 2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1 1.4, 6 Construction Change Directive, Definition of ...... .. 7.3.1 Construction Change Directives 1.1.1, 4.2.8, 7.1, 7.3, 9,3.1.1 Construction Schedules, Contractor's . : 3 10, 6 1.3 Contingent Assignment of Subcontracts .. . 5.4 Continuing Contract Performance 4.3.4 Contract, Definition of , , , 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 4.3.7, 5.4.1.1, Contract Administration 3.3.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to .. 3.7.1, 3.10, 5.2, 9.2, 11.1 3, 11.3.6, 11.4.1 Contract Documents, The .. 1.1, 1.2, 7 Contract Documents, Copies Furnished and Use of 1 3, 2 2 5, 5 3 Contract Documents, Definition of . Contract Performance During Arbitration . .4.3.4, 4.5.3 Contract Sum , .. 3.8, 4.3.6, 4.3.7, 4.4.4, 5.2 3, 6 1 3, 7 2, 7 3, 9.1, 9.7, 11.3.1, 12.2 4, 12.3, 14.2.4 Contract Sum, Definition of.... . , 9.1 Contract Time .. 4.3 6, 4 3 8, 4.4.4, 7 2.1.3, 7.3, 821,831,97, 12.1.1 Contract Time, Definition of .... .. ... .. ... 8.1.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF. THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA. • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CONTRACTOR 3 Contractor, Definition of .. .. 3.1, 6 1.2 Contractor's Bid 1.1.1 Contractor's Construction Schedules . .. 3.10, 6.1 3 Contractor's Employees . 3 3 2, 3 -4 2, 3.8.1, 3 9, 3 18, 4 2.3, 4 2 6, 8 1 2, 10 2, 10.3, 11 1.1, 14.2 1 1 Contractor's Liability insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces . . 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6,12.2.5 Contractor's Relationship with Subcontractors 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1 2 Contractor's Relationship with the Architect 1 1 2, 3 2.1, 3 2 2, 33 3, 3.5.1, 3.7.3, 3.11, 3.12.8 3.16, 3.18, 4.2.3, 4.2.4, 42.6, 4 2 12, 5.2, 6 22, 7 3.4, 9 8.2, 1 1 3.7, 12.1, 13 5 Contractor's Representations 1 2.2, 3.5.1, 3.12.7, 6 2.2, 8.2.1, 9.3.3 Contractor's Responsibility for Those Performing the Work 3 3 2, 3.18, 4 2.3, 10 Contractor's Review of Contract Documents .. 1 2.2, 3.2, 3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract . 14.1 Contractor's Submittals . . 3.10, 3 11, 3.12, 4 2.7, 5 2.1, 5 2.3, 7.3.6, 9.2, 9.3.1, 9 8.2, 9.9 1, 9.10.2, 9.10.3, 10.1.2, 11.4.2, 11.4.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.4, 3.3, 3.4, 4,2.3, 8,2 2, 8 2 3, 10 Contractual Liability Insurance.. . ....... .... 11 1 1 7, 11 2.1 Coordination and Correlation 1.2.2, 1.2.4, 3.3.1, 3 10, 3.12 7, 6 1 3, 6 2.1 Copies Furnished of Drawings and Specifications .. 1 3, 2 2 5, 3.11 Correction of Work .. 2.3, 2 4, 4 2 1, 9 8 2, 9.9.1, 12.1.2, 12.2, 1 3.7. 1 3 Cost, Definition of - 7.3 6, 14 3.5 Costs .... 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8,1, 5.2.3, 611,623,63,7.3.3.3,7.3.6,7 .3.7,9.7,9.8.2,9.10.2,11.3.1.2, 1 1 3.1.3, I 1 3 4, 11.3 9, 12.1, 12 2.1, 12 2 4, 12, 2.5, 13 5, 14 Cutting and Patching. . 3.14, 6 2 6 Damage to Construction of Owner or Separate Contractors • 3.14.2, 6.2.4, 9.5.1.5, 10.2.1,2, 10 2 5, 10 3, 11.1, 11.3, 12 2 5 Damage to the Work 3.14 2, 9.9.1, 10,2.1.2, 10 2.5, 10.3, 11 3 Damages, Claims for .. 3 18, 4 3 9, 6.1 1, 6,2 5, 8 3 2, 9 5 1.2, 10 1 4 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9 7 Date of Commencement of the Work, Definition of .. 8 1 2 Date of Substantial Completion, Definition of . .. 8 1 3 Day, Definition of 8.1.4 Decisions of the Architect 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4 3 2, 4 3 6, 4.4 1, 4.4.4, 4 5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3 1, 9 2, 9 4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2 3, 2.4, 3 5 1, 4 2 1, 4 2 6, 4.3.5, 9.5.2, 9.8.2, 9.9.1, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of .. . .... .... ..... 3 5 1 Definitions 1.1,2.1 1,31,3 5.1,312 1,3.122,3 123,4 1.1, 4.3.1, 5.1, 6.1 2, 7 2 1, 7.3 1, 7 3 6, 8 1, 9 1, 9 8 1 Delays and Extensions of Time . .. . 4.3.1, 4.3 81, 4.3.8.2, 611,6.2.3 ,7.2.1,7.3.1,7.3.4,7.3.5,7.3.8, 7 3 9 , 8 1 1 , 8.3, 1 0 3 1 , 141 1 4 Disputes . 414,43,44,45,625,63,738,9.312 Documents and Samples at the Sue 3.11 Drawings, Definition of 1.1 5 Drawings and Specifications, Use and Ownership of 1.1.1, 1.3, 2.2 5, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions 3.2 Effective Date of Insurance . .. 8.2.2, 11.1.2 Emergencies 4.3.7,10.3 Employees, Contractor's . . 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18.1, 3.18 2, 4 2 3, 4,2.6, 8,1 2, 10.2, 10 3, 11 1.1, 14 2.1.1 Equipment, Labor, Materials and 1.1 3, 1.1 6, 3 4, 3.5.1, 3.8,2, 3.12.3, 3 12 7, 3,12 11, 3 13, 3 15 1, 4 2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Execution and Progress of the Work ... 1.1.3, 1.2.3, 3.2, 3.4.1, 3.5.1, 4.2.2, 4 2 3, 4 3 4, 4 3 8, 6.2.2, 7.1.3, 7.3.9, 8.2, 8 3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents ... ... .... .. ... 1.2, 3 7 1 Extensions of Time . .. 4 3 1, 4.3 8, 7 2 1 3, 8 3, 10 3 1 Failure of Payment by Contractor 9.5.1.3, 14.2.1.2 Failure of Payment by Owner . 4.3.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2 9, 4 3 2, 4.3.5, 9.10, 11.1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's 2 2.1 Fire and Extended Coverage Insurance .. . .. . ... 11.3 GENERAL PROVISIONS.. . .. 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10.1, 10.2.4 Identification of Contract Documents . 1.2.1 Identification of Subcontractors and Suppliers 5 2.1 Indemnification 3 17, 3.18, 9.10 2, 10.1 4, 11 3 1 2, 11.3.7 Information and Services Required of the Owner. ... 2.1 2, 2.2, 4.3.4, 6.1 3, 6 1 4, 6 2 6, 9 3 2, 9.6 1, 9 6 4, 9 8 3, 9.9 2, 9 10 3, 10 1 4, 11.2, 11 3, 13.5.1, 13.5.2 njury or Damage to Person or Property ...... ... . 4.3.9 nspectlons 3.3.3, 3.3.4, 3.7.1, 4.2.2, 4 2.6, 4 2 9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 nstructions to Bidders . 1.1.1 nstructions to the Contractor . . 3 8.1, 4.2.8, 5.2.1, 7, 12.1, 13.5.2 nsurance 4 3 9. 6.1.1, 7.3 6 4, 9.3 2, 9.8 2, 9 9.1, 9,10 2, 11 nsurance, Boller and Machinery . . .. .. .. 11.3.2 nsurance, Contractor's Liability 11.1 nsurance, Effective Date of . 8.2.2, 11.1.2 nsurance, Loss of Use 11 3 3 nsurance, Owner's Liability 11.2 nsurance, Property. ... ' .. 10.2 5,11.3 nsurance, Stored Materials 9.3.2, 11.3.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy . 9.9.1, 11 3 11 Insurance Companies, Settlement with ... 11 3.10 Intent of the Contract Documents . . 1 2 3, 3.12.4, 4 2.6, 4.2 7, 4.2.12, 4 2 13, 7 4 Interest 13.6 Interpretation . 1 2.5, 1,4,1.5, 4 1.1, 4.3.1, 5.1, 6 1.2, 8.1.4 Interpretations, Written 4.2.11, 4 2.12, 4.3.7 Joinder and Consolidation of Claims Required . 4.5.6 Judgment on Final Award .. .. .. 4.5 1, 4.5 4 1, 4.5.7 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12 3, 3.12 7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2 4, 14 Labor Disputes ....... .... . .. .. .. . .. .... 8.3.1 Laws and Regulations 1.3, 3 6, 3.7, 3.13, 4 1 1, 4.5.5, 4 5.7, 9.9.1, 10 2 2, 11 I, 11 3, 13 1, 13 4, 13.5.1, 13.5 2, 13 6 Liens 2.1.2 ,4.3.2,43.5.1,8.2.2,9.3.3,9102 Limitation on Consolidation or Joinder . 4.5.5 Limitations, Statures of 4 5 4 2, 12.2.6, 13 7 Limitations of Authority .3. 4.2.3, 4.2.3, 4.2.7, 4.2.10, 5 2 2, 52343; 7.4, 11 3,30 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C 28006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201 -1987 3 Limitations of Liability 2.3, 3.2.1, 3.5.1, 3 7 3, 3 12 8, 3 12.11, 3.17, 3.18, 4.2.6, 4.2.7, 4.2,12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, 10.1.4, 10 2.5, 11 1 2, 11.2 1, 11.3.7, 13.4.2, 13.5 2 Limitations of Time, General 22 I, 2 2.4, 3 2.1, 3.7.3, 3 8 2, 3.10, 3.12.5, 3.15.1, 42.1, 42.7, 4.2.11, 4 3 2, 4 . 3 3 , 4 3 . 4 , 4 3 . 6 . 4 3 . 9 , 4 5 . 4 2 , 5 2 1 , 5 2 3 , 6 2 . 4 , 7 . 3 . 4 , 7 . 4 , 8 2, 9 5, 9.6.2, 9.8, 9 9, 9.10, 11.1 3, 11 3 I, 11 3 2, 11.3.5, 11.3.6, 12 2.1, 12,2.2, 13.5, 13.7 Limitations of Tnne, Specific 2 1 2, 2.2.1, 2.4, 3.10, 3.11, 3.15 I, 4.2.1, 4.2.11, 4.3, 4 4, 4 5, 5.3, 5.4, 7.3.5, 7.3.9, 8 2, 9.2, 9.3.1, 9.3.3, 9 4 1, 9 6.1, 9.7, 9 8 2, 9.10.2, 11.1.3, 11.3.6, I I 3.10, 113.11, 1222, 12.2.4, 12 2 6, 13.7, 14 Loss of Use insurance . 11.3.3 Material Suppliers ... . 1.3.1, 3.12.1, 4.2.4, 4.2 6, 5.2.1, 9.3 I, 9 3 1 2, 9 3.3, 9.4,2, 9 6 5, 9.10.4 Materials, Hazardous 10 1, 10 2.4 Materials, Labor, Equipment and . . 1.1 3, 1.1.6, 3 4, 3 5 1, 3.82, 3 12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4 2 7, 6 2 1, 7.3.6, 9.3.2, 9.3.3, 12 2,4, 14 Means, Methods, Techniques, Sequences and Procedures of Construction .. 3.3.1, 4 2 3, 4.2 7, 9 4.2 Minor Changes in the Work . 1,1 I, 4 2.8, 4.3 7, 7 I, 7.4 MISCELLANEOUS PROVISIONS . Modifications, Definition of . . . 1 Modifications to the Contract 1.1.1, 1.1.2, 3.7.3, 3.11, 4,12, 4.2.1, 52.3, 7, 8.3.1, 9.7 Mutual Responsibility 6. Nonconforming Work, Acceptance of . 12.3 Nonconforming Work, Rejection and Correction of 2 3 1, 4.3 5, 9.5 2, 9.8 2, 12, 13.7.1.3 Notice 2.3, 2 4, 3.2 1, 3 2 2, 3 7.3, 3 7 4, 3,9, 3 12 8. 3 12 9, 3.17, 4 3, 4 4.4, 4 5, 5.2.1, 5.3, 5.4.1.1, 8 2 2, 9.4 1, 9.5.1, 9.6.1, 9 7, 9.10, 10.1 2, 10 2 6, 11 1 3, 11.3, 12,2,2, 12.2.4, 13 3, 13 5 1, 13.5.2, 14 Notice, Written . .. 2.3, 2.4, 3.9, 3.12.8, 3.12 9, 4 3, 4.4.4, 4.5, 5 2 1, 5 3, 5.4.1.1, 8 2.2, 9 4 1, 9.5.1, 9.7, 9.10, 10 1 2, 102.6, 11.1 3, 11.3, 12.2.2, 122.4, 13.3, 13 5.2, 14 Notice of Testing and Inspections 13.5.1, 13 5 2 Notice to Proceed . 82.2 Notices, Permits, Fees and . 2,2.3, 3.7, 3.13, 7.3.6.4, 10,2 2' Observations, Architect's On-Site .. . 4 2 2, 4 2.5, 4.3 6, 9.4 2, 9.5.1, 9.10.1, 13.5 Observations, Contractor's .. . . 1,22, 3.2.2 Occupancy ... 9.6.6, 9.8.1, 9 9, 11.3 11 On-Site Inspections by the Architect 4.2.2, 42.9,4.3.6, 9.4.2, 9.8.2, 9 9.2, 9.10.1 On-Stte Observations by the Architect ... 4.2 2, 4,2.5, 4.3.6, 9,4.2,9.5.1,910.1, Orders, Wnuen 2.3, 3.9, 4 3.7, 7, 822, 11 3.9, 12 I, 12,2, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the . 2 1.2, 2.2, 43.4, 6, 9, 10.1.4, 11.2, 11.3, 13.5.1, 14.1.1.5, 14 13 Owner's Authonty 3.8.1, 4.1.3, 4.2.9, 5 2.1, 5 2 4, 5 4 1, 7.3.1, 8.2.2, 9 3 1, 9 3 2, 114 1, 12 2.4, 13.5.2, 14 2, 1451 Owner's Financial Capability . . .. 2 2 1, 14.1.1.5 Owner's Liability insurance ...... . 11.2 Owner's Loss of Use Insurance 1133 Owner's Relationship with Subcontractors 1.1.2, 5.2.1, 5.4.1, 9.6.4 Owner's Rtght to Carry Out the Work .. . 2 4, 12 2 4, 14,2.2.2 Owner's Right to Clean Up .................. . 6.3 4 A201-1987 Owner's Right to Perform Construction and to Award Separate Contracts . 6.1 Owner's Right to Stop the Work 2.3, 4.3.7 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract .. 14 2 Ownership and Use of Architect's Drawings, Specifications and Other Documents . 1.1.1,1.3,225,53 Partial Occupancy or Use 96.6,9.9,11.311 Patching, Cutting and . 3.14,626 Patents, Royalties and 3.17 Payment, Applications for 4.2.5,9.2,9.3,9 4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 142 Payment, Certificates for 4.2.5,4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10 1, 9.10.3, 13.7, 14 1.1.3, 14.2.4 Payment, Failure of . 4.3 7, 9 31 3, 9.7, 9.10.2, 14.1.1.3, 14 2 1 2 Payment, Final 4,2,1, 4 2.9, 4 3 2, 4 3.5, 9.10, 11.12, 11 1.3, 11.3.5, 12.3.1 Payment Bond, Performance Bond and 9.10.3, 11.3.9, 11.4 Payments, Progress . 4 3 4,9 3,9 6, 9 8 3, 9.10.3, 13 6, 14.23 PAYMENTS AND COMPLETION 9, 14 Payments to Subcontractors 542,9.5.13, 9.6 2, 9 6 3, 9 6 4, 11.3 8, 14 2 1 2 PCB 10.1 Performance Bond and Payment Bond 73 6 4, 9.10.3, 11.3.9, 11 4 Permits, Pees and Notices .. 2.2.3, 3.7, 3.13, 7 3.6.4, 10.2 2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl . 10 1 Product Data, Definition of .. 3.12 2 Product Data and Samples, Shop Drawings ... 3 11, 3 12, 4 2 7 Progress and Completion ...... 4 2 2, 4 3 4, 8.2 Progress Payments . 4 3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13 6, 1423 Project, Definition of the. 1.1.4 Project Manual, Definition of the 1.1.7 Project Manuals 2.2 5 Project Representatives 4 2 10 Property Insurance 10 2 5, 11.3 PROTECTION OF PERSONS AND PROPERTY . ..... 10 Regulations and Laws . . 1 3, 3.6, 3.7, 3 13,4 1.1, 4.5.5, 4.5.7, 10 2 2, 11 1, 11.3, 13.1, 13.4, 13.5.1, 135.2. 136, 14 Rejection of Work 3 5 1, 4.2.6, 12.2 Releases of Waivers and Liens ... 9.10 2 Representations I 2 2, 3 5.1, 3.12.7, 6,2.2, 8 2.1, 9 3 3, 9 4 2, 9 5 1, 9 8 2, 9 10 1 Representatives 2 1 1,3 1 1,3 9, 41 1,42 1, 4 2 10, 5.1.1, 5.1.2, 13 2 1 Resolution of Claims and Disputes 4.4,45 Responsibility for Those Performing the Work 3.3.2, 4.2.3, 6.1.3, 6 2, 10 Retainage ...... . 9 3 1, 9 6.2, 9.8.3, 9.9.1, 9.10 2, 9 10.3 Review of Contract Documents and Field Conditions by Contractor I 2 2,3.2, 3.7.3, 3.12.7 Review of Contractor's Subnuttals by Owner and Architect 3.10.1, 3 10 2, 3.11, 3.12, 4.2.7, 4 2 9, 5 2 1, 5.2 3, 9 2, 9 8 2 Review of Shop Drawings, Product Data and Samples by Contractor .. 3.12.5 Rights and Remedies . .. 1.1.2, 2.3, 2.4, 3 5 1, 3 15 2, 4 . 2 . 6 , 4 . 3 . 6 , 4 5 , 3 3 , 6 . 1 , 6 3 , 7 3 1 . 8 . 3 1 , 9 5 1 , 9 7 , 10 2.5, 103, 12 2 2, 12 2,4, 13.4, 14 Royalties and Patents .. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION A1A • 01987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and 5 subject to legal prosecution. Rules and Notices for Arbitration .. .... .. . 9.5.2 Safety of Persons and Property . 10.2 Safety Precautions and Programs . ... .. .. 4.2.3, 4.2 7,10.1 Samples, Definition of . 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2 7 Samples at the Site, Documents and . .. 3.11 Schedule of Values ... ... .. 9.2, 9 3 1 Schedules, Construction .... .. .. .... 3.10 Separate Contracts and Contractors .... . . 1.1.4, 3.14 2, 4.2 4, 4 5.5, 6, 11.3 7, 12.1.2, 12.2 5 Shop Drawings, Definition of . 3 12 I Shop Drawings, Product Data and Samples .. 3 11, 3.12, 4 2 7 Site, Use of . 3.13,6! 1, 6 2.1 Site Inspections... 1.2 2, 3 3.4, 4 2 2, 4 2 9, 4 3 6, 9 8.2, 9 10 1, 13 5 Site Visits, Architect's .. . 4 2 2, 4 2.5, 4.2.9, 4.3.6, 9 4 2, 9 5 1, 9.8 2, 9.9.2, 9.10.1, 13 5 Special Inspections and Testing ...... .. . 4.2.6, 12 2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The . .. ... 1.1.1, 1.1.6, 1.1.7, 1.2.4, 1 3, 3.11 Statutes of Limitations ... .... 4.5.4.2, 12.2,6, 13.7 Stopping the Work . .. 2 3, 4 3 7, 9 7, 10 1.2, 10.3, 14.1 Stored Materials . . 6 2 1, 9 3 2, 10 2 1 2, 11.3.1.4, 12.2.4 Subcontractor, Definition of 511 SUBCONTRACTORS Work by .. 1 2.4, 3.3.2, 3.12.1, 4.2.3, 5 3, 5.4 Subcontractual Relations . 5.3, 5.4, 9 3 1 2, 9.6.2, 9 6 3, 9 6 4, 10.2.1, 11.3,7, 11 3 8, 14 1 1, 142.1.2, 14.3 2 Submittals 1.3, 3.2 3, 3.10, 3 11, 3 12, 4.2.7, 5.2 1, 5 2.3, 7.36,92,931,982,9.91,9102,9103, 1012, 11.1.3 Subrogation, Waivers of .... ....... 6.1.1, 11 3.5,11.3.7 Substantial Completion . 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 991, 1221, 12.2.2, 137 Substantial Completion, Definition of 9.8 1 5.2.3, 5.2.4 ... 4.1.3 3 5.1 .. 5.1.2 4.3.6 13.2 Substitution of Subcontractors .. Substitution of the Architect ... .. . Substitutions of Materials Sub - subcontractor, Definition of . Subsurface Conditions . .. Successors and Assigns .... ...... Superintendent .. .. 3.9, 10.2.6 Supervision and Construction Procedures .... . 1.2.4, 3.3, 3 4, 4 2.3, 4 3.4, 6 1 3, 6 2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 Surety.. 4. 4.1,444,5412,9.10.2,9.103,142.2 Surety, Consent of .. 9.9 1, 9 10 2, 9.10 3 Surveys . Suspension by the Owner for Convenience 14.3 Suspension of the Work 4.3 7, 5.4 2, 14.1.1.4, 14.3 Suspension or Termination oldie Contract 4 3.7, 5.4.1.1, 14 Taxes .. 3.6, 7 3 6 4 Termination by the Contractor 19.1 Termination by the Owner for Cause . 5.4.1.1,14.2 Termination of the Architect Termination of the Contractor . . 14 2 2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.3.3, 4 2 6, 4.2.9, 9 4 2, 12.2.1,13.5 TIME 8 Time, Delays and Extensions of ... .... 4.3 8, 7 2.1, 8.3 Time Limas, Specific ....... 2 1.2, 2.2 1, 2.4, 3 10, 3.11, 3.15.1, 4 2 1, 4.2.11, 4.3, 4.4, 4 5, 5 3, 5.4, 7 3 5, 7.3 9, 8 2, 9.2, 9.3.1, 9 3 3, 9 4 1, 9,6.1, 9,7, 9 8 2, 9.10 2, 11.1.3, 11.3.6, 11310, 11 3.11, 12.2,2, 1224, 1226, 13.7, 14 Time Limits on Claims . .. . 4 3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Tale to Work ... 932,93.3 UNCOVERING AND CORRECTION OF WORK ... 12 Uncovering of Work 12.1 Unforeseen Conditions .. 4.3.6, 8 3.1, 10.1 Unit Prices 7 1 4, 7.3.3.2 Use of Documents . . . 1.1.1, 1 3, 2 2 5, 3 12.7, 5.3 Use of Site . ' ... .. 3.13,6 1.1,62.1 Values, Schedule of .. .. 9.2, 9 3.1 Waiver of Claims: Final Payment 4.3.5, 4 5.1, 9.10.3 Waiver of Claims by the Architect . 1342 Waiver of Claims by the Contractor . .... 9.10.4, I 1 3 7, 13.4.2 Waiver of Claims by the Owner 4.3.5, 4.5.1, 9.9 3, 9 10 3, 11 3.3, 11.3.5, 11.3.7, 13 4 2 Waiver of Liens .. . 9 10 2 Waivers of Subrogation .. ... 6 1 1, 11 3.5, 11.3.7 Warranty and Warranties . 3.5, 42 9, 43.5 .3,9.33,9.8.2,9.9.1,12 Weather Delays 4 3 8 2 When Arbitration May Be Demanded .. .... 4.5.4 Work, Definition of ... 1.1 3 Written Consent .. . 1.3.1, 3.12.8, 3 14 2, 4.1 2, 4.3,4, 4 5 5, 9.3.2, 9.8.2, 9.9.1, 9.10 2, 9.10 3, 10 1 2, 10 1 3, 11.3.1, 11.3.1.4, 11 3 11, 13.2, 1342 Written Interpretations 4 2.11, 4.2.12, 4.3.7 Written Notice . 2.3, 2.4, 3.9, 3 12 8, 3.12.9, 4 3, 4.4.4, 4.5, 5.2.1, 5 3, 5 4.1 1, 8 2.2, 9.4.1, 9.5.1, 9.7, 9 10, 10.1 2, 10 2,6, 11 1 3, 11 3, 12,2.2, 12.2.4, 13.3, 13.5.2, 14 Written Orders _ 2.3,39,43.7, 7, 8.2.2, 11.3.9, 12.1, 12 2, 13 5 2, 14 3.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA •©1987 THE AMERICAN INSTITUTE OFARCIIITECTS, 1735 NEW YORK AVENGE, N W ;WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modifi- canon is (1) a wntten amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and Integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral The Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facihtate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may Include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for matenals, equip- 6 A201 -1987 ARTICLE 1 GENERAL PROVISIONS ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually assembled for the Work which may include the bidding requtrements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- tar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, and what is requued by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications Into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor m dividing the Work among Subcontractors or to establishmg the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well -known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise Indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 • GENERAL CONDITIONS OF TIIE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA® •©1957 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.0 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Work without the specific written consent of the Owner and Architect The Contractor, Subcontractors, Sub- subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the tides of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the Interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing are in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds) 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK . 2.1 DEFINITION 2.4.1 If the Contractor defaults or neglects to carry out the 2.1.1 The Owner is the person or entity identified as such in Work in accordance with the Contract Documents and fails the Agreement and is referred to throughout the Contract within a seven -day period after receipt of written notice from Documents as if singular in number. The term "Owner" means the Owner to commence and continue correction of such the Owner or the Owner's authorized representative. default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second 2.1.2 The Owner upon reasonable written request shall furnish written notice to correct such deficiencies within a second to the Contractor in writing information which is necessary and seven -day period. If the Contractor within such second seven - relevant for the Contractor to evaluate, give notice of or day period after receipt of such second notice fails to com- enforce mechanic's lien rights. Such information shall include a mence and continue to correct any deficiencies, the Owner correct statement of the record legal utle to the property on may, without prejudice to other remedies the Owner may which the Project is located, usually referred to as the sae, and have, correct such deficiencies. In such case an appropriate the Owner's interest therein at the time of execution of the Change Order shall be issued deducting from payments then or Agreement and, within five days after any change, information thereafter due the Contractor the cost of correcting such defi- of such change in title, recorded or unrecorded. ctencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect 2.2 INFORMATION AND SERVICES or failure. Such action by the Owner and amounts charged to REQUIRED OF THE OWNER - the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not 2.2.1 The Owner shall, at the request of the Contractor, prior sufficient to cover such amounts, the Contractor shall pay the to execution of the Agreement and promptly from time to time difference to the Owner. ' thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's - - obligations under the Contract. [Note: Unless such reasonable - - ARTICLE 3 evidence were furnished on request prior to the execution - of the Agreement, the prospective contractor would not be CONTRACTOR • required to execute the Agreement or to commence the Work ] 2.2.2 The Owner shall fumish surveys describing physical 3.1 DEFINITION . - chamcteristics, legal limitations and utility locations for the site 3.1.1 The Contractor is the person or entity identified as such of the Project, and a legal description of the site. in the Agreement and is referred to throughout the Contract 2.2.3 Except for permits and fees which are the responsibility Documents as if singular in number The term "Contractor" of the Contractor under the Contract Documents, the Owner means the Contractor or the Contractor's authorized shall secure and pay for necessary approvals, easements, assess- representative. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AM. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C 20506 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ' A201 -1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner pursuant to Subparagraph 22.2 and shall at once report to the Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner or Architect for damage resulting from errors, inconsis- tencies or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it to the Architect. If the Con- tractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Architect, the Contrac- tor shall assume appropriate responsibility for such perfor- mance and shall bear an appropriate amount of the attributable costs for correction. 3.2.2 The Contractor shall take field measurements and verify field conditions and shall carefully compare such field mea- surements and conditions and other information known to the Contractor with the Contract Documents before commencing activities Errors, inconsistencies or omissions discovered shall be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pur- suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construc- tion means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Con- tract, unless Contract Documents give other specific instruc- tions concerning these matters. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor 3.3.3 The Contractor shall not be reliev ed of obligations to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. - 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub- sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorpo- rated or to be incorporated in the Work. 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 8 A201 -1987 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, igcludmg substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Con- tractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- tiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. i 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions However, if the Contractor observes that portions of the Contract Documents are at vanance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; .2 allowances shall cover the cost to the Contractor of matenals and equipment delivered at the site and all , ' required taxes, less applicable trade discounts; AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA° • ID 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NM, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. .3 Contractor's costs for unloading and handling at the site labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3 8.2.3 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request m each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub- subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and to such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 A201 -1987 9 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surround- ing area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. 3.17. ROYALTIES AND PATENTS _ • 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of patent nghts and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or prod- uct of a particular manufacturer or manufacturers is required by the Contract Documents. However, if the Contractor has rea- son to believe that the required design, process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Archttect. 3.18 INDEMNIFICATION 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Archi- tect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation ads, disability benefit acts or other employee benefit acts 3.18.3 The obligations of the Contractor under this Paragraph 3.18 shall not extend to the liability of the Architect, the Arch'. tect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authonty of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unrea- sonably withheld. 4.1.3 In case of termination of employment of the Architect, the Owner shall appoint an architect against whom the Con- tractor makes no reasonable objection and whose status under the Contract Documents shall be that of the former architect 4.1.4 Disputes arising under Subparagraphs 4.1 2 and 4 1.3 shall be subject to arbitration. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be the Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the correction period described to Para- graph 12.2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written instrument in accordance with other provisions of the Contract. 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine in general if the Work is being performed in a manner indica - , ing that the Work, when completed, will be in accordance with the Contract Documents However, the Architect will not be required to make exhaustive or continuous on -site inspections to check quality or quantity of the Work. On the basis of on- site observations as an architect, the Architect will keep the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies in the Work. 4.2.3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraph 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Architect will not have control over or charge pf and will not be responsible for acts or omissions of the Con- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 10 A201.1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW„ WASHINGTON, D C 20006 WARNING; Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided In the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5 2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give nse to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3 5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or proacdures— The-- Arcluteccs- approval of a specific item shall not indicate approval of an assembly of which - the stem is a t0m(Sbnerit.'" 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives -to- assist in carrying, out the Architect's responsibilities at the site The dunes; responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. , 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in wntmg or in the form of drawings When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpre- tation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has fatted to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4 4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. MA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AM. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201 -1987 11 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances aris- ing out of the Contract and unsettled, .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 4.3.6 Claims for Concealed or Unknown Conditions. If con- ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materi- ally from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which dif- fer materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Archi- tect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial deter- mination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Para- graph 10,3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a writ- ten order for a minor change in the Work issued by the Archi- tect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis fora Claim for additional time, such Claim shall be documented by data 12 A201 -1987 substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for adds. tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3 7 or 4 3.8. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties Indicating when the Archi- tect expects to take action, (3) reject the Claim in whole or m part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim, 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropnate documentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions. (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 1.6 AIIDITRATION ' , versy or Claim arising out of or related to the Cont ch thereof, shall be settled by arbitration Construction Indus ' n Association, bitrator o tion th • y' co or the dance with American Arbit . award rendered by t' in any court having juris• or Claims relating to aesthetic provided for in Subpara Claims upon which th a decision as prov arbitration u may be has •• ra ion accor- Industry Arbitrano ' ules of the and judt ent upon the r arbi :ors may be entered . f, except controversies and except those waived as Such controversies or notice and rendered all be subject to Arbitration a Claim chitect has gi in Subparagraph 4.4. • . written demand of either p menced when 45 days have passed a referred to the Architect as provided in Paragr 43 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA. • ©1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. wner and Contractor not resolved under Paragraph 4.4 sh ubject to arbitration under Subparagraph 4.5.1, be d ecid bitration in accordance with the Construction Inc u. ration Rules of the American Arbitration Associatio in effect, unless the parties mutually agree othe of demand for arbitration shall be filed in writin: r party to the Agreement between the Owner a d with the American Arbitration Associatio 1 be filed with the Architect. ract Performance During Arbitration. eedings, the Owner and Contractor s graph 4.3.4 . itration May Be Demand lam may not be made until e Architect has rendered , (2) the tenth day after t the Architect or have be e , if the Architect has that date, or (3) any ph 4.3.2. decisio subject n cove the - nal said m Ar e n r ed by da w • if by . Arbi rent None the oth tractor copy sh 4.5.3 Co tration pro with Subpa 4.5.4 When tration of any t date on which sion on the Cl sented evidence t� opportunity to do written decision b described in Subp 4.5.4.1 When a writt the decision is final bu for arbitration of a Cla made within 30 days aft . the demand receives the demand arbitration within the Architect's decision be. Owner and Contractor. If th . arbitration proceedings have be entered as evidence, but s ceedmgs unless the decisio concerned ' d ry Association ur - with Con - and a ring arbi. all comply ed. - andforarbi- the • . rlier of (1) the a fir al written dece- he .artres have pre - given reasonable •t rendered a final of the five events of the rchitect states that (1) to azbit Lion and (2) a demand such decision must be ki [e o which the party making ntr decision, then failure to 30 ays' period shall result in n• final and binding upon the 'test renders a decision after initiated, such decision may not supersede arbitration pro- fs acceptable to all parties 4.5.4.2 A demand for arbit ion all be made within the time limits specified in Subpa raphs .5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, an in other cases within a reasonable time after the Claim has a isen, and i no event shall it be made after the date when instr tion of leg r equitable proceedings based on such Claim w uld be barred y the applicable statute of limitations as Bete ined pursuant to Paragraph 13 7 4.5.5 Limitation on • nsolidation or J finder. No arbitration arising out of or lating to the Contr . t Documents shall include, by conso dation or joinder or m any other manner, the Architect, the chitect's employees or • onsultants, except by written cons • It containing specific refer. ce to the Agree- ment and sign by the Architect, Owner, C tractor and any other person o entity sought to be Joined. No . bitration shall include, by c•,nsolidation or joinder or in any other manner, parties other than the Owner, Contractor, a se .rate contrac- tor as desc' bed in Article 6 and other persons substantially involved i a common question of fact or law wh , se presence is require if complete relief is to be accorded in arbitration No person o entity other than the Owner, Contractor o a separate contras >r as described in Article 6 shall be included an orig- inal thi ' party or additional third party to an arbitrate whose mtere or responsibility is insubstantial. Consent to ar itration mvol mg an additional person or entity shall not co stitute con nt to arbitration ofa dispute not described therein o with a p rson or entity not named or described therein. The ore- go g agreement to arbitrate and other agreements to arbi . to a. th an additional person or entity duly consented to by par 'e the Agreement shall be specifically enforceable under ap I- blc laa :n any court having jurisdiction thereof files demand tion is permitte a Claim through overs or when a Claim has mature the arbitrator or arbitrato 4.5.7 Judgment arbitrator entere otice of demand for arbitration must assert ' aims then known to that par e demanded. When a inadverten • 1 y pe • final Award. The awar e o orators shall be final, and judgme pon at in accordance with applicable law in any c party on • •' arbitra- fails to include r excusable neglect, acquired subsequently, amendment. red by the n a be ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS • 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site The term "Sub- subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall fumish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT 4201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D C 20006 A201 -1987 13 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. '5.3 - SUBCONTRACTUAL RELATIONS -- - — • - • - - 5.3.1 By appropnate agreement, written where legally required for validity, shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- sons of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub. subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Para- graph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other por- tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided else- where in the Contract Documents 6.1.2 When separate contracts are awarded for different por- tions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner - Contractor Agreement. 6A:4-The Owner shall provide -for- coordination -of- the= aetivt - - -- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be' subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY • 6.2.1 The Contractor shall afford the Owner and separate con tractors reasonable o for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of\the Contractor so to report shall constitute an acknowledgmeht that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discove ,le. 6.2.3 Costs caused by delays or by impfoperly timed activities or defective construction shall be bornelby the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate contractors as provided in Subparagraph 10 5 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be sub- ject to the provisions of Paragraph 4.3 provided .the separate contractor has reciprocal obligations. 6.2.6 The Owner and each separate contractor shall, have the same responsibilities for cutting and patching as are described for the Contractor in Paragraph 3.14. 6.3.1 If a dispute arises among the Contractor, separate\on- tractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surround- ing area free from waste materials and rubbish as described In Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just., 6.3 'OWNER'S RIGHT TO CLEAN UP AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 14 A201 -1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor, an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 a change in the Work, .2 the amount of the adjustment in the Contract Sum, if any; and • .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substannating data to per- ' mit evaluation; .2 unit prices stated in the Contract Documents or sub- . sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- • age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor Indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3 3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following. .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed, .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work, and .5 additional costs of supervision and field office person- nel directly attributable to the change. - 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved In a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.6 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright Isis and Is subject to legal prosecution. A201 -1987 15 7.4 MINOR CHANGES IN THE WORK - 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the penod of time, including authorized adjustments, allotted in the Con- tract Documents for Substantial Completion of the Work. 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9 8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents arc of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agree- ment or instruction of the Owner in writing, prematurely com- mence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security Interests 8.2.3 The Contractor shall proceed expeditiously with ade- quate forces and shall achieve Substantial Completion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- ages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, includ- ing authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup - ported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applica- tions for Payment 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents. 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for pay- ment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of matenals and equipment delivered and suitably stored at the site for subsequent incor- poration in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, Information and belief, be free and clear of liens, claims, security interests or encumbrances id favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 16 A201 -1987 AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S, copyright laws and Is subject to legal prosecution. Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment, .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub - subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9 6 2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not m accordance with the Contract Documents. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established m the Contract Documents the amount cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' wntten notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start -up, which shall be accomplished as provided in Article 7 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC.20006 A201 -1987 17 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. nated poruon thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall' then submit a request for another inspection by the Architect to determine Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and Insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such Certificate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed poruon of the Work at any stage when such portion is designated by separate agreement with the Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu- rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a poruon substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occu- pancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the requirements of the Contract Documents 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stamg that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and Inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the penod required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Subparagraph 4 3 5 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 18 A201 -1987 AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in wnting. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4. 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in pan by a parry indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to. .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorpo- rated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontrac- tors, and - .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in the course of construction 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage injury or loss 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1 3 caused in whole or in pan by the Contractor, a Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10 2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3 18. 10.2.6 The Contractor shall designate a responsible mcmber of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss Additional compensa- tion or extension of ume claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4 3 and Article 7 ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: • .1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA° •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W ., WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201 -1987 19 .2 claims for damages because of bodily injury, occupa- tional sickness or disease, or death of the Contractor's employees, .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Con- tractor's employees, .4 claims for damages insured by usual personal injury Lability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work Itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily Injury, death of a person or property damage arising out of owner- , ship, maintenance or use of a motor vehicle; and .7 claims involving contractual liability insurance appli- cable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified In the Con- tract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be main- tained after final payment 11.1.3 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled or allowed to expire until at least 30 days' pnor written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reason- ably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self - protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 11.3 PROPERTY INSURANCE 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business In the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- tract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without vol- untary deductibles. Such property insurance shall be main- tained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9.10 or until no person or entity 20 A201 -1987 other than the Owner has an insurable interest in the property required by this Paragraph 11.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub- subcontractors in the Work, 11.3.1.1 Property insurance shall be on an all -risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false - work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contrac- tor is damaged by the failure or neglect of the Owner to pur- chase or maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reason- able costs properly attributable thereto. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deduc- tible amounts, the Owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Owner shall pay costs not covered because of deductibles. 11.3.1.4 Unless otherwise provided in the Contract Docu- ments, this property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner, this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. . • AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property Insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those Insuring the Proj- ect during the construction penod, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub - subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub - subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable Interest in the property damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub - subcontractors in similar manner 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or to accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4 5 If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4 5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use In accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property 'insurance have consented to such partial occupancy or use by endorsement or otherwise The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and It shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA •©1987 TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201 -1987 21 for commencement of warranties established under Sub. paragraph 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written accep- tance of such condition. This period of one year shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substan- tial Completion and the actdal performance of the Work. This obligation under this Subparagraph 12.2.2 shall survive accep- tance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after dis- covery of the condition. 12.2.3 The Contractor shall remove from the site portions of the Work which arc not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time the Owner may correct it In accor- dance with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reason- able tune fixed by written notice from the Architect, the Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Con- tractor, including compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the, Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Con- tract Documents. 12.2.6 Nothing contained in this Paragraph 12.2 shall be con- strued to establish a period of limitation with respect to other obligations which the Contractor might have under the Con- tract Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligauon to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Con- tractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and cor- rection, in which case the Contract Sum will be reduced as appropriate and equitable Such adjustment shall be effected whether or not final payment has been made ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind them- selves, their partners, successors, assigns and legal representa- tives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Con- tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was Intended, or if dehvered at or sent by registered or certified mail to the last business address known to the party giving notice. . 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Docu- ments and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, Inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordi- nances, rules, regulations or orders of public authontics having jurisdiction shall be made at an appropriate time. Unless other- wise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an Independent test- ing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspec- tions are to be made so the Architect may observe such proce- dures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require addi- tional testing, inspection or approval not included under Sub- paragraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so the Architect may observe such procedures. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 22 A201-1987 AIA® •C 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W, WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. The Owner shall bear such costs except as provided m Sub - paragraph 13.5 3 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act occur. ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- cate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued m any and all events not later than the date of issuance of the final Certificate for Payment, and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3 5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12 2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub- subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making matenal unavailable, .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4 1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; .4 if repeated suspensions, delays or interruptions by the Owner as descnbed m Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365 -day period, whichever is less; or .5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fads to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to jus- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIAe •©19137 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENGE, NW, WASHINGTON, D.0 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201 -1987 23 tify such action, may without prejudice to any other nghts or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, termi- nate employment of the Contractor and may, subject to any prior rights of the surety. .1 take possession of the site and of all materials, equip- ment, tools, and construction equipment and machin- ery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Para. graph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14 2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the 24 A201 - 1987 Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon appli- cation, and this obligation for payment shall survive termina- tion of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustmentshall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus - pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. AIA DOCUMENT A201 • GENERAL CONDII IONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA • ©1987 THE AMERICAN INSTITUTE OF ARCIIITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Article 7: Changes in the Work This article has undergone substantial revision, and provides for a new type of document. The Change Order is now required to be signed by the Owner, Contractor and Architect In the event the Contractor's agreement cannot be obtained, a new document, a Construction Change Directive which is signed by the Owner and Architect, shall be issued. Both of these situa- tions were previously covered by Change Orders Now they are separated so that they can, if necessary, be handled independently. A diagram of the process may be found on the last page of this Instruction Sheet. Article 9: Payments and Completion Substantial Completion The Substantial Completion provisions now explicitly allow for partial occupancy or use. A Certifi- cate of Substantial Completion covering a portion of Work is provided for, and consent of the insurer of the property is required. Article 10: Protection of Persons and Property Asbestos, PCB and Other Hazardous Wastes The problem of hazardous wastes is addressed, for the first time, in a paragraph prescribing procedures to be followed in the event such substances are encountered on the site. Under its provisions, the Work may only proceed in the affected area by written consent of the Owner and Contractor, or in accordance with a deter- mination of the Architect upon which arbitration has not been demanded. Article 11: Insurance and Bonds This article has been expanded to cover bonds as well, and it is now provided that bonding requirements must be made known to the Contractor in the bidding requirements or at the time the Contract is signed. The Contractor, in turn, is required to furnish copies of the bonds on request to any person appearing to be a beneficiary of them Owner's property insurance is now required to be written in the hill amount of the Contract Sum and adjusted for changes in the Contract Sum effected by Change Order. The coverages to be included on the "all- risk" policy form are given in much greater detail because "all- risk" merely means coverage of all risks not specifically excluded. In addition, the Owner is now required to insure materials stored off -site or in transit. Article 12: Uncovering and Correction of Work Correction of Work The correction period has been extended with respect to Work performed after Substantial Comple- tion, so that such Work is also covered by a one -year correction period. Article 13: Miscellaneous Provisions Statutory Limitation Period — separate paragraph has been included under Miscellaneous Provisions giving the dates of commencement of the statutory limitation period with respect to acts or failures to act occurring at different points in the Project. This paragraph covers a range of situations and sets three commencement dates- one for occurrences before Substan- tial Completion, another for those taking place between Substantial Completion and issuance of the final Certificate for Pay- ment, and a third for those taking place after the final Certificate has been issued. Article 14: Termination or Suspension of the Contract Procedures are set out for suspension of the Contract by the Owner for reasons other than the fault of the Contractor A provi- sion allowing for termination in like circumstances has been included in AIA Document A511, Guide for Supplementary Conditions. Further details on these changes may be found in the Architect's Handbook of Professional Practice when revised A side -by- side comparison of the 1976 and 1987 editions of A20I will be available for a limited time after publication of the 1987 edition. C. USING THE A201 FORM Modifications Users are encouraged to consult an attorney before using an AIA document. Particularly with respect to licensing laws, duties imposed by building codes, interest charges, arbitration and indemnification, this document may require modification with the assistance of legal counsel to fully comply with state or local laws regulating these matters. Generally, necessary modifications to the General Conditions may be accomplished by Supplementary Conditions included in the Project Manual and referenced in the Owner - Contractor Agreement See AIA Document A511, Guide for Supplementary Con- ditions, for model provisions and suggested format for the Supplementary Conditions Because A201 is designed for general usage, it does not provide all the information and legal requirements needed for a specific Project and location Necessary additional requirements must be provided in the other Contract Documents, such as the Sup- plementary Conditions. Consult AIA Document A521, Uniform Location of Subject Matter, to determine the proper location for such additional stipulations It is definitely not recommended practice to retype the standard document Besides being a violation of copyright, retyping can introduce typographical errors and cloud the legal interpretation given to a standard clause when blended with modifica- tions Retyping eliminates one of the principal advantages of standard form documents. By merely reviewing the modifications to he made to a standard form document, parties familiar with that document can quickly understand the essence of the proposed relationship. Commercial exchanges are greatly simplified and expedited, good -faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny In this way, contracting parties can more confidently and fairly measure their risks INSTRUCTION SHEET FOR AIA DOCUMENT A201 • 198' EDITION • AIA• • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK ASTNUF, NW, WASHINGTON, DC 20006 3 D. CHANGE ORDERS AND CLAIMS 4 The diagrams below are graphic examples of the Change Order and Claims processes under the 1987 edition of AIA Document A201 These diagrams are presented for instructional purposes only, and are not intended to augment or supersede any contract language contained in the document Users are urged to read the document in as entirety and to consult the relevant contract language regard- ing the particulars of the processes diagrammed below A Change Order may be initiated by the Owner, Contractor or Architect Typically, upon initiation of the Change Order process, the Architect prepares a copy of AIA Document G709, Proposal Request, and submits n to the Contractor for pricing This is then con- veyed back through the Architect to the Owner, beginning the process diagrammed bel CHANGE ORDER PROCESS Architect transmits p Wposal dot 1' Owner igns CCD Arch test CC nds 0.to Contractor 73,1 7a 4 Contractor ' st ra nd signs co 1 7.2.1 Contractor partially lh CCD. Dropped V Event or la a ant noopliad, 91vies dee m Claim G714 731 73 2 428 The Cla ms process may he sorted through a variety of circumstances, including failure to agree upon the terms of a Change Order as shown In the diagram above Once the Claim arises, the Owner and Contractor, together with the Architect, seek resolution of the dispute by following specific steps established in the Contract Documents and particularly in A201 These steps are generalized in the diagram below CLAIMS PROCESS 11 maximum 73.1 0303300 rotke 433.436P ]9 10 days maIlnwri CONTRACTOR DISAGREES With full agreement ✓ price/ lime 1 7,13 Con actor 10 sign CCD 738 Final Payment wives OYlm• rw1 alnMy made or preserved ArehlleCt Mims one ol IM prilltInory 10 dap maximum Statute of thaltatione—ma t 117 Claimant responds • If tleebMn within 0 clays— no action lolbvn wlOM 30 dap — minimum 43 a no action lctkw, within 4s drys—Mu If m «IWNC's Mall Is Bled, mry memead 1mm*dietary to anim . Without hill agree- ment on priceftlme 7 Bills 734 Y sent A for evaluation 7 MNrttt notifies pink,* that tine deci0On is bnMUNrq SSA Ownm Conlre8ter Mime 735 Owner Or Contractor or both disagree a tind me Contractor submits ea; onor payment Change Order p signed 7.3 9 Racemes Claim 738 431 Arbitration Architect Iles payment Q G702/703 .l PAYMENTS PROVISIONS IN ART. 9 30 days Claim must be tiled within 21 days A 433 C LAIMS PROCESS UNDER ART. 4 r. 0 INSTRUCTION SHEET FOR AIA DOCUMENT A201 • 198 EDITION • AIA° • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW', W' ASH;NGTON, D C 20006 ADDENDUM TO GENERAL CONDITIONS AGREEMENT FOR MEDIATION The parties to the Agreement agree to negotiate in good faith in an effort to resolve any dispute related to the Agreement that may arise between the parties or between a party. If the dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before resort to litigation. If the need for mediation arises, mediation services shall be provided by a mediator approved by both parties and the cost of mediation services shall be shared equally by the parties to the dispute. OWNER City of •oiWd Rock, Texas By: AGREEMENT FOR MEDIATION ADDENDUM - PAGE 1 C: \HYDOCS \YRODOC \IESOIATIO.1 /e1e Charles per, Mayor CONTRACTOR T.F. Harper Construction B AO Ai Thomas Harper, President Date: 8/12/97 To: Robert Bennett City Manager From: Larry Madsen Public Works Re: Police Dept. Addition & Remodel Bob, R 97- 0 IOC I have a request to decrease the contractor's contract for the above project. I would like to take the testing allowance of $1500.00 from the contract as the city has authorized Pre -Test Labs to do slab and parking lot testing and would like to pay them directly. The contractor and architect have agreed to this request. If you have any questions please call me. And ASS 4 CIATES ARCHITFC.TS PROJECT: (name, address) TO (Contractor): R. Gill & Associates P.O. Box 217 Round Rock, Texas 78680 R. GILL & ASSOCIATES P.O. BOX 217 ROUND ROCK, TEXAS 78680-0217 CHANGE ORDER Round Rock Police Station CHANGE ORDER NUMBER: 1 . Round Rock, Texas INITIATION DATE: August 7, 1997 ARCHITECT'S PROJECT NO: 2139 CONTRACT FOR: General Construction CONTRACT DATE: 04/28/97 You are directed to make the following changes in this Contract: T.F. Harper & Associates 103 Red Bird Lane Austin, Texas 78745 Distnbution to• OWNER ARCHITECT CONTRACTOR FIELD OTHER Deduct $1,500.00 from the Testing Allowance in Section 01020 leaving a balance of $3,500.00. ($5,000.00 - $1,500.00 = $3,500.00) Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time The original (Contract Sum) (Guaranteed Maximum Cost was $ 780,688.00 Net change by previously authorized Change Orders $ 0.00 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was $ 780,688.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order $ 1,500.00 The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be $ 779,188.00 The Contract Time will be (increased) (decreased) (unchanged) by ( 0 ) Days. The Date of Substantial Completion as of the date of this Change Order there is December 16, 1997. Authorized: T.F. Harper & Associates City of Round Rock 103 Red Bird Lane 211 East Main Street Austin, Texas 78745 Round Texas 78664 i i ' r // B BY J.ir�� DATE 6' CONTRACTOR OW N 118 E. MAIN ST. (78664) (512) 255-7852 FAX (512) 255 -5445 And ASS 4 CIATES ARCHITECTS PROJECT: (name, address) Authorized: R. Gill & Associates P.O. Box 217 Round Rock, Texas 78680 ARC ITECT EP BY DATE R. GILL & ASSOCIATES P.O. BOX 217 ROUND ROCK, TEXAS 78680 -0217 CHANGE ORDER Round Rock Police Station Round Rock, Texas TO (Contractor): T.F. Harper & Associates INITIATION DATE: November 20, 1997 103 Red Bird Lane Austin, Texas 78745 ARCHITECT'S PROJECT NO: 2139 CONTRACT FOR: General Construction CONTRACT DATE: 04/28/97 You are directed to make the following changes in this Contract: 5.1 Remove and replace asphalt paving in front of Buiding 'D' as indicated on Baker - Aicklen sketch dated 10/28/97. $4,025.00 5.2 Building 'B' —Add pipe handrail per Exhibit 'A'. $2,794.50 $6,819.50 Not valid until signed by both the Owner and Architect. Signature of the Contractor Indicates his agreement herewith, including any adjustment In the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost was $ 780,688.00 Net change by previously authorized Change Orders $ - 1500.00 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was $ 779,188.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order $ 6,819.50 The Contract Time will be (increased) (decreased) (unchanged) by ( —) Days. The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ...$ 786,007.50 The Date of Substantial Completion as of the date of this Change Order is January 1, 1998. T.F. Harper & Associates 103 Red Bird Lane Austin, Texas 78745 CONTRACTOR DATE Distnbutlon to: ARCHITECT CONTRACTOR FIELD OTHER CHANGE ORDER NUMBER: 5 City of Round Rock 211 East Main Street Round Rock, Texas 78664 OWNER -g704 a joy. NIAV C>�Q/ -0� DATE / I - a 5 --� 118 E. MAIN ST. (78664) (512) 255-7852 FAX (512) 255-5445 And ASS ta CIATES ARCHITECTS PROJECT: Round Rock Police Station CHANGE ORDER NUMBER: 6 (name, address) Round Rock, Texas TO (Contractor): T.F. Harper & Associates INITIATION DATE: November 25, 1997 103 Red Bird Lane Austin, Texas 78745 ARCHITECT'S PROJECT NO: 2139 CONTRACT FOR: General Construction CONTRACT DATE: 04/28/97 You are directed to make the following changes in this Contract: 5.1 Remove and replace asphalt paving in front of Buiding D' as indicated on Baker - Aicklen sketch dated 10/28/97. $4,025.00 5.2 Building 'B' — Add pipe handrail per Exhibit 'A'. $2,794.50 $6,819.50 Not valid until signed by both the Owner and Architect Signature of the Contractor indicates his agreement herewith, Including any adjustment in the Contract Sum or Contract Time The original (Contract Sum) (Guaranteed Maximum Cost was . ..$ 780,688.00 Net change by previously authorized Change Orders $ - 3,000.00 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was $ 777,688.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order $ 6,819.50 The Contract Time will be (increased) (decreased) (unchanged) by (0) Days. The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ...$ 784,507.50 The Date of Substantial Completion as of the date of this Change Order is January 1, 1998. Authorized: R. Gill & Associates P.O. Box 217 Round Rock, Texas 78680 AR . T CONTRACTOR BY DATE R. GILL & ASSOCIATES P.O. BOX217 ROUND ROCK, TEXAS 78680 -0217 CHANGE ORDER T.F. Harper & Associates 103 Red Bird Lane Austin, Texas 78745 City of Round Rock 211 East Main Street Round Rock, Texas 78664 OWNER o - ati -10L Distribution to* OWNER ARCHITECT CONTRACTOR FIELD OTHER Z BY tr � ✓ M- r BY, p DATE (21�./ / 9? DATE 1/ /JA -- / 7 . 118 E. MAIN ST. (78664) (512) 255-7852 FAX (512) 255-5445 'B IND/ 7 0" 11 A Date: 12/4/97 To: Joanne Land Asst. City Manager From: Larry Madsen Public Works Re: Police Dept. Change Order Joanne, The change order request that was sent over for signature last week did not have the correct total for previous change orders. The amount shown was minus $1500.00 and should have been minus $3000.00. The architect has provided us with a new change order that is correct. I am sending this to you since you had signed the original when Bob was out. I did not know if you wanted to sign or have Bob sign the change. Please call me if you have any questions. Please send me back two executed copies that I can pass on to the contractor and architect. CITY OF ROUND ROCK INTEROFFICE MEMORANDUM PUBLIC WORKS DEPARTMENT .7 .. _. c. .__. / f {( J( And ASS 4 C ARCHITECTS PROJECT: (name, address) TO (Contractor): ARCHITECTS PROJECT NO: 2139 CONTRACT FOR: General Construction CONTRACT DATE: 04/28/97 You are directed to make the following changes in this Contract: 5.1 Remove and replace asphalt paving in front of Buiding 'D' as indicated on Baker - Aicklen sketch dated 10/28/97. 5.2 Building 'B' — Add pipe handrail per Exhibit 'A'. R. Gill & Associates P.O. Box 217 Round Rock, Texas 78680 R. GILL & ASSOCIATES P.O. 80X 217 ROUND ROCK, TEXAS 78680.0217 CHANGE ORDER Round Rock Police Station Round Rock, Texas T.F. Harper & Associates 103 Red Bird Lane Austin, Texas 78745 Distribution to: OWNER ARCHITECT CONTRACTOR FIELD OTHER CHANGE ORDER NUMBER: 5 INITIATION DATE: November20, 1997 $4,025.00 $2,794.50 $6,819.50 Not valid until sign.....oth the Owner and Architect. Signature o - = Contractor Indicates his agreement herewith, including any adjustment in the Contract Sum or Contract . e. T original (Contract Sum) (Guaranteed Maximum Cost was $ 780,688.00 et change by previously .authorized.Change,Orders... .. $,.1,500:00= The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was $ 779,188.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order $ 6,819.50 The Contract Time will be (increased) (decreased) (unchanged) by ( —) Days. The new (Contract Sum) (Guaranteed Maximum Cost) Including this Change Order will be ...$ 786 , :.50 e Date of Substantial Completion as of the date of this Change Order is January 1, 199 T.F. Harper & Associates 103 Red Bird Lane Austin, Texas 78745 CONTRACTOR City of Round Rock 211 East Main Street Round Rock, Texas 78664 OWNER /� aALO�/ DAT 1il- S / Q 7 118 E. MAIN ST. (78664) (512) 255-7852 FAX (512) 255-5445