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R-99-12-09-13E3 - 12/9/1999II 1 1 1 1 1 1 1 1 1 APPROVSD CITY,,. R NBY PROJECT MANUAL INCLUDING SPECIFICATIONS FOR CONSTRUCTION OF FIRE PROTECTION SPRINKLER SYSTEM(DesignlBuild) at "ROUND ROCK FIRE STATION NUMBER FIVE" (:!TY OF ROUND K AT 350 DEEPWOOD DRIVE ROUND ROCK, TEXAS 78681 PREPARED BY: J. Michael Faulk, Architect's 8905 Joachim Lane Round Rock Tins 78717 812/388.6302 Architect's Project*: 840b Date of issue: October 21,1999 2 99- /a- 09-/3c 3 SET NO. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROJECT MANUAL INCLUDING SPECIFICATIONS FOR CONSTRUCTION OF FIRE PROTECTION SPRINKLER SYSTEM(Design /Build) at "ROUND ROCK FIRE STATION NUMBER FIVE" CITY OF ROUND ROCK AT 350 DEEPWOOD DRIVE ROUND ROCK, TEXAS 78681 PREPARED BY: J. Michael Faulk, Architect's 8905 Joachim Lane Round Rock, Texas 78717 512/388 -6302 Architect's Project #: 840b Date of Issue: October 21,1999 SET NO. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00000.5 100% ASBESTOS FREE CONSTRUCTION CONTRACTOR NOTE THE CONTRACTOR, INCLUDING HIS SUBCONTRACTORS, SUB-SUBCONTRACTORS, SUPPLIERS, AGENTS AND EMPLOYEES, SHALL NOT PROVIDE NOR INSTALL ANY ASBESTOS OR ASBESTOS - CONTAINING MATERIALS. SUCH PROVISION OR INSTALLATION OF ANY SUCH MATERIALS SHALL CONSTITUTE DEFECTIVE WORK NOT IN COMPLIANCE WITH THE CONTRACT DOCUMENTS, AND THE CONTRACTOR SHALL, AT HIS SOLE AND EXCLUSIVE COST, REMOVE SAID ASBESTOS OR ASBESTOS- CONTAINING MATERIALS IN COMPLIANCE WITH CURRENT GUIDELINES ESTABLISHED BY THE ENVIRONMENTAL PROTECTION AGENCY FOR REMOVAL OF ASBESTOS OR ASBESTOS - CONTAINING MATERIALS. NOTE: ALL MATERIALS USED IN THIS CONSTRUCTION SHALL BE 100% ASBESTOS FREE. 100% ASBESTOS FREE CONSTRUCTION - SECTION C000.5 CONTRACTOR NOTE - PAGE - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00001 PROJECT MANUAL INCLUDING SPECIFICATIONS FOR CONSTRUCTION OF FIRE PROTECTION SPRINKLER SYSTEM(Design / Build) at "ROUND ROCK FIRE STATION NUMBER FIVE" CITY OF ROUND ROCK AT 350 DEEPWOOD DRIVE ROUND ROCK, TEXAS 78681 CITY COUNCIL MAYOR: Robert Stluka MAYOR PRO -TEM: Martha Chavez Tom Nielson Earl Hairston Rick Stewart Earl Parlmer Jimmy Joseph CITY MANAGER: BOB BENNETT PREPARED BY: J. Michael Fauk, Architects 8905 Joachim Lane Austin, Texas 78717 512/388 -6302 Architect's Project#: 840b Date of Issue: October 21, 1999 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OWNER: ARCHITECT: SOIL ENGINEER: SOIL TESTING: CMLISTRUCT. ENGINEERS: MECH., ELEC. & PLUMBING ENGINEER: SECTION 00002 PROJECT DIRECTORY CITY OF ROUND ROCK 2008 Enterprise Round Rock, Texas 78664 ATTN: Mr. Larry Madsen, Public Works Constr. Mgr. Phone: (512) 218 -5552 Fax: (512) 218-5563 J. Michael Faulk, Architects 8905 Joachim Lane Austin, Texas 78717 ATTN: Mike Faulk Phone: (512) 388 -6302 Fax: (512) 218 -1349 Professional Design Group - Consulting Engineers 427 Sterzing Street Austin, Texas 78704 ATTN: Michael Alexander Pre -Test Laboratory 1956 South Austin Ave. Georgetown, Texas 78627 Phone: (512) 863 -8777 Fax: (512) 868-1230 Fisher Hagood, Inc. One Chisholm Trail, Suite 5200 Round Rock, Texas 78681 ATTN: Terry Hagood, Civil Eng. ATTN: Larry Fisher, Structural Eng. Phone: (512) 255 -1546 Fax: (512) 388-3698 ATS 6836 Bee Caves Rd. Austin, Texas 78746 ATTN: Rick Roberts Phone: (512) 328 -6995 Fax: (512) 328-6996 LANDSCAPE ARCHITECT: The David Bost Group 1903 Aster Way Round Rock, Texas 78664 Phone: (512) 244 -6226 Fax: (512) 244-6549 END OF PROJECT DIRECTORY Biddina and Contract Requirements: Division 2 - Site Work; (Not Used) Division 3 - Concrete: (Not Used) Division 4 - Masonry: (Not Used) Division 5 - Metals: (Not Used) 00003-1 SECTION - 00003 TABLE OF CONTENTS 00000.5 100% Asbestos Free Document 1 00001 Cover Page 1 00002 Project Directory 1 00003 Table of Contents 1-4 00005 Plan Rooms 1 00008 Advertisement for bids 1 00100 Instructions to Bidders 1-4 00300 Bid Form 1-6 00500 Form of Agreement (CORR) 1 -3 00610 Bid Bond Form 1 -2 00620 Performance and Materials Bonds 1 -5 00700 General Conditions (CORR) 1 -46 Division 1 - General Requirements: 01010 Summary of Work 1 -3 01041 Project Coordination 1 -2 01045 Cutting and Patching 1 -2 01050 Field Engineering 1 01090 Reference Standards 1-6 01152 Applications for Payment 1 01200 Project Meetings 1 -2 01340 Submittals and Substitutions 1 -3 01370 Schedule of Values 1 01400 Quality Control 1-2 01410 Testing Laboratory Services 1 -2 01425 Wage Rates 1 01500 Temporary Facilities and Controls.. 1 -2 01640 Product Handling 1 01650 Starting of Mechanical Systems 1 -2 01700 Contract Closeout 1-2 01710 Cleaning 1 -3 01720 Project Record Documents 1 -3 01730 Operation & Maintenance Data 1-4 01740 Warranties and Bonds 1 -5 Division 6 -Wood and Plastics: (Not Used) Division 7 - Thermal and Moisture Protection: (Not Used) Division 8 - Doors and Windows: (Not Used) Division 9 - Finishes: (Not Used) Division 10 - Specialties: (Not Used) pivision 11 - Equipment: (Not Used) Division 12 - Furnishings: (Not Used) Division 13 - Special Construction: (Not Used) Division 14 - Conveying Systems: (Not Used) Division 15 - Mechanical: (Not Used) Division 16 - Electrical: (Not Used) 00003-2 SECTION 00005 PLAN ROOMS Proposed Contract Documents may be examined at the following locations: ABC (ASSOCIATED BUILDERS AND CONTRACTORS) 458 -3166 6207 Sheridan, Suite 310 Austin, Texas 78723 AGC (ASSOCIATED GENERAL CONTRACTORS) 442 -7887 609 South Lamar Austin, Texas 78704 DODGE REPORTS (F.W. DODGE CORP.) 3445 Executive Center Drive Suite 121 Austin, Texas 78731 CITY OF ROUND ROCK 2008 Enterprize Public Works Round Rock, Texas 78664 END OF SECTION 458 -1341 218 -5552 SECTION 00008 ADVERTISEMENT FOR BIDS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 E. Main, Round Rock, Texas 78664, furnishing all labor, materials, and equipment and performing all work required for: Fire Protection Sprinkler System(Design/ Build) PROJECT: Fire Station #5 350 Deepwood Drive Round Rock, Texas 78681 will be received under 2:00 p.m., Tuesday, November 23, 1999, then publicly opened and read at City Council Chambers, 1st Floor at the above address. BID SECURITY: Bid bond or Cashier's check equal to 5% of base bid shall accompany bid. DOCUMENT PURCHASE: $20.00 non - refundable one set plans and specifications per contractor. PREBID CONFERENCE: 4:00 p.m., Tuesday, Nov 16, 1999, 350 Deepwood Drive, Round Rock, Texas. Bids shall be submitted on City of Round Rock Bid Form. Plans and specifications can be purchased at Burks Reprographics, at Austin 479 -5051 or Round Rock 218 -8181. Document may be examined at the following places: F. W. Dodge Office in Austin and Dodge Scan AGC Offices in Austin ABC Office in Austin Bids will be valid for a period for not less than sixty calendar days from the date of the bid opening. The owner reserves the right to reject any or all bids, to waive any formalities of the bidding and to require evidence of qualification for prime bidders and listed subcontractors to include financial statements. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and furnish performance and payment bonds as described in the bid documents. Contractor and subcontractors shall pay laborers' workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. 00008 - 1 INSTRUCTIONS TO BIDDERS - 00100 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully; to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Architect/Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be returned unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal forms furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or biddoc.mst/spec BD - to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid or other bids. 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one- hundred percent (100 %) of the total contract price. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, with approval prior to bid opening, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal biddoc.mst/spec BD - guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by the Contractor's insurer to furnish proof of insurance. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and/or material furnished. 17. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the finished product under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The contract will transfer title of consumable, but not incorporate, materials to the City of Round Rock at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City of Round Rock as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical, the materials will be labeled as biddoc.mst/spec BD - the property of the City of Round Rock. 18. No conditional bids will be accepted. 19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by malting a cash payment directly to the City of Round Rock, the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b), Texas Govemment Code, and a payment bond in accordance with Section 2253.021(c). biddoc.msdspec BD - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TO: Purchasing Agent The City Of Round Rock 221 East Main Street Round Rock, Texas 78664 BASE BID: 00300 - BID FORM: SECTION 00300 DATE: November 23rd, 1999 TIME: 2:00 P.M. FROM: I40A64C1.S11" FIRE. S'I$rete* /i BIDDER jolt f3. 6 /KcH44r.J..A PLACE- ADDRESS 4lt)fTi�(r T , - 1tZ^7c40., CITYISTATE Operating as (strike out conditions that do not apply) xPladividuaT, acetonmaar a Corporation, organized and existing under the law of the State of Texas, or a Proprietorship, a Partnership, or Joint Venture consisting of 1. Having become completely familiar with the local conditions affecting the cost of work at the places where work is to be executed, and having carefully examined the conditions as they currently exist, and having carefully examined the proposed Contract Documents prepared by the Architects together with any addenda to such Contract Documents as listed hereinafter, the undersigned hereby proposes and agrees to provide all labor, materials, plant, equipment, transportation and other facilities as necessary and/or required to execute all of the work described by the aforesaid Contract Documents as follows: A. All Base Bid Work For The Round Rock Fire Station #5 "Fire Protection Sprinkler Systems I DesianlBuildl ' RFACrr e.+5n `ra Dollars $ ZH NOTE: k is the intent of the City of Round Rock to award a Single Lump Sum Bid for the Project as defined in the Base Bid and any Alternates. ALTERNATES: 2. The undersigned proposes to perform alternates for stated resulting additions or deductions from the Base Bid. Additions and deductions shall include any modifications of work or 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' 1 additional work that the undersigned may deem to be required to perform by reason of the acceptance or rejection of any alternate, including allowances for overhead and profit, and within the established time for completion. All Bidders are required to provide a bid for each Alternate, or their bid will be considered invalid. (Note: Include all alternates as required by the proposed Contract Documents and Addenda). A. Alternate #1. "Not Used, "Adjust the Base Bid by ADDING /DEDUCTING: DOLLARS $ B. Alternate #2. "Not Used ", Adjust the Base Bid by ADDING/DEDUCTING: DOLLARS $ C. Alternate #3. "Not Used, "Adjust the Base Bid by ADDING /DEDUCTING: DOLLARS $ D. Alternate #4. "Not Used ": Adjust the Base Bid by ADDING/DEDUCTING: DOLLARS $ E. Alternate #5. Not Used: Adjust the Base Bid by ADDING: (at $ per SF) DOLLARS$ F. Alternate #6. Not Used: Adjust the Base Bid by ADDING: (at $ per SF) DOLLARS $ G. Alternate #7. Not Used: Adjust the Base Bid By DELETING: DOLLARS $ BETTERMENT FUND: 3. No Betterment Fund shall be calculated for this bid. A. Betterment Fund: (Not Used) Dollars $ 00300 - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TESTING ALLOWANCE: 4. The undersigned acknowledges that included within the Base Bid is a sum to be used for materials testing and systems testing. ADDENDA ACKNOWLEDGMENT: 5. The undersigned acknowledges receipt of the following addenda: (List by number and date appearing on addenda.) Addendum No. Date Addendum No. Date TIME OF COMPLETION: 6. The undersigned agrees to complete all work under this Contract within the dates specified in the agreement and as set forth herein as twenty (20) calender days from the previously agreed coordination contact by the general contractor. LIQUIDATED DAMAGES: 7. The undersigned agrees to the completion schedule enumerated above and agrees to a damage amount of Three Hundred dollars ($300.00) per day assessed at 5:00 pm each day the construction is not complete beyond the agreed date of "Completion" as described in the Agreement and the General Conditions. CHANGES IN WORK: 8. The undersigned agrees that when changes in work are ordered which involve extra cost over and above contract sum, and when such work due to an emergency is ordered to proceed on basis of cost -plus -fee, such fee shall be as required by the "General Conditions ". BID GUARANTEE: 9. Bid Guarantee in the amount of five percent (5 %) of the total amount of the Bid is attached, in the sum of which is to become the property of the Owner in the event the Contract and Per- formance and Labor and Material Payment Bond are not executed within the time set forth, as liquidated damages for the delay and additional work caused the Owner. Bid Guarantee shall be in the form of a cashier's check or Bid Bond, only. The amount of the bid guarantee shall not be Tess than five percent (5 %) of the total of the Base Bid and all add alternates. 00300 - 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONTRACT: 10. The undersigned agrees that upon receipt of the notice of acceptance of this bid, he will execute the formal Contract and acknowledgment and indemnification agreement, and will deliver all required, proper bonds and proof of insurance coverage as may be required by the Contract Documents. 11. The undersigned further agrees to execute the formal Contract and acknowledgment and indemnification agreement within ten (10) days from date of notice to acceptance of this bid, and in case the undersigned fails or neglects to appear within the specified time to execute the Contract, the undersigned will be considered as having abandoned the Contract, and the Cashier's Check or Bid Bond accompanying this bid will be forfeited to the Owner by reason of such failure on the part of the undersigned. 12. The undersigned further agrees that the bid security may be retained by the Owner and that said bid guarantee shall remain with the Owner until the Contract and indemnification agreement has been signed and Performance and Labor and Material Payment Bonds have been made and delivered to the Owner. GENERAL STATEMENT: 13. The Owner is responsible for obtaining and paying for all Permits and fees for the project where applicable. Contractor shall be coordinated by and shall coordinate with the General Contractor. The Contractor shall prepare contract drawings and specifications for review by City of Round Rock Fire Inspector, Lt. Mark Selby. 14. The City of Round Rock is a Tax Exempt organization. 15. The undersigned has checked all of the above figures, and understands that Owner will not be responsible for any errors or omissions on this part of the undersigned in preparing this bid. 16. In submitting this bid, it is understood that the right is reserved by the Owner to accept or reject any or all of the Bids and Alternates submitted, and waive all formalities or informalities in connection therewith. Reference note in item one of the bid form for additional information. 17. In submitting this bid, it is understood and agreed that this bid may NOT be withdrawn for a period of sixty (60) days from the date and time of opening. 18. Wherever in this bid an amount is stated in both words and figures, in case of discrepancy between words and figures, the written words shall govern. 19. Not Used: 20. The undersigned declares that the person or persons signing this Bid Form is/are fully authorized to sign on behalf of the firm listed and to fully bind the firm listed to all the conditions and provisions thereof. 21. It is agreed that no person or persons or company other than the firm listed below or as otherwise indicated has any interest whatsoever in this bid or the Contract may be entered into as a result of the bid and that in all respects the proposal is legal and firm, submitted in good faith without collusion or fraud. 00300 - 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 22. It is agreed that the undersigned has complied or will comply with all requirements of local, state, and national laws, and that no legal requirement has been or will be violated in making or accepting this bid, in awarding the contract to him, and/or in the prosecution of the work required. PRINCIPALS: 23. The names and addresses of all persons interested in this bid as Principals are as follows: Mil Aox.(1C If the bidder is a corporation, give legal name of corporation, State where incorporated, and names, titles, and addresses of three (3) corporate officers, including the President; if a partnership, give name of the firm and names and addresses of all the partners; if an individual, give full name and address; if joint venture or joint association give legal name of joint venture or joint association, names of member firms, information regarding member firms shall be provided as required above. 24. The undersigned is a business which is licensed in accordance with the requirements of the State of Texas, License number5GR• 0 Respectfully Submitted, this ZZ RI1 day of /40t,.). , 1941 . 00300 - 5 (Firm Name) /.I,LE t tc I`I l •i tiL (Address( )0(CR-4 77tc-KAL1A E_ (Name Typed) bc,A 1 at:via-VC t re7 (Tide) pRESIDEa4T (SEAL IF BIDDER IS A CORPORATION) 00300 - 6 END OF SECTION SECTION 00500 AGREEMENT FOR CONSTRUCTION CONTRACT REFERENCES: 1. The Form of Agreement between the Owner and the Contractor shall be the form as bound herein. 2. The Agreement shall be executed in not less than triplicate. 3. The effective date of the contract shall be the date executed by the City of Round Rock, and will be so noted by the City of Round Rock in any development of its extension, END OF SECTION THE STATE OF TEXAS COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this ZgTt -t. day of X1 0,,/ . , 194°1, by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Charles Culpepper, Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) {-b lek. TrT FIFE_ S .of QVS`I-t , Texas, County of `- AVIS , and State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bond beating even date herewith, CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements described as follows: Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawing and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by . MIC.FkA l. . Fikti 4c�tct s� �5 herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within LC> calendar days after the date written notice to do so have been given to him, and to complete the same within („Q calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. poribiclant/spea mast. Fri S,RGc(v.c.m. �,�iSYEI✓� PBD -1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK TEXAS !� l�y�rr -r - Fly �15CeM6, rti1[.• (OWNER) (CONTRACTOR) ATTEST: (The following to be executed if the Contractor is a Corporation.) Ip_, t -- r -- certify that I am the Secretary of the Corporation named as Contractor herein; that boa 4 a (�YCs5 r r , who signed this Contract on behalf of the Contractor was then cdv_.,..L'r' (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within tb cope of its 41 powers. Corporate Seal pem-amu. -uu muter Signed: PBD -2 _121 E (Typed name) (Title) ATTEST: Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State Flip . 24.1999 12:46PM USA/WESTERN AUSTIN TX UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 •Houston, Texas 77251 -1068 GENERAL POWER OF ATTORNEY - CERRTIPMET) COPY Know All by y baring These P re pens, That UNIVERSAL SURETY OF AMERICA, a commutate duly oozed yea existing ender the Taws of the Sane of T a an ving principal office is Houston, Texas, does by those preen= make, oonedmlo and appoint Gregory J. Messerole its dab t r e e e n d a 4.'e S) in. act, with MU power and authority hereby conened in its name, plane and stead, w commute. acknowledge and Principal: Houma Fire Systems, Inc. Obligee: City of Round Rack Amount $2,500.00 end to bind the company thereby as fhUy to the sense extent o if such bonds were tinned by the President, scaled with the corporate peal of the compare and duly mated by is s•0e ya hem and olfeming all that the and Attu may do within the above stated limitations. Said appointment is made under and by authority of dm following Pt°d by resolution ado the Board o America at smarting held on the 11th day of luly,19&L by the Hood of Directors or Universal Surety of and authority ant any President or any more suitable e Auto ney(s�}m -F m represent �1 be 6ae la hereby p with rote power t and acs and on behalf of the Company.` "R850LVED 190110. sigaanue of officer of the a the sash of the cmptesdon be d ar power of [ mamey of ih• emporad and that curio prin lacsijm5t� and a wogs cad �l sha11a vali wed ofCue bbiding upon ti ad eor p ftt to any li Witness Whereof Universal Surety of Amortise has cased these promote to be tutored by le President, Jack corporal* seal to he heroes a>8aad dtit Ind day of January, A.D., 1994. h'1cRaynolds and Its UN1 VERSAL SURETY OF AMERICA State of Tam got Cosgq d %tmtta On this 2nd day of January, ha year of ate Reels Leli a notary pubbr, •nonelly •speared Jaek p aoknordedt ed to me that the corporation •iecuaod Ids instrument m President, , en behalf of the corForagan Qaerokt nat b i pet•00ally known to he the and NO.S10 P.3/3 NM Morin TX 0930159 00 • • weary rebus the( certify OriWad ootA issued bY by said Company, and America, o he re 1�y r co pat the above and Power oforegoing Attorney a ey is tree and correct Dopy of the by Aut cortiQ' the sal4 Power oAttorney ey sn'il in affect. GIVEN under my hind and the Boat of said company, at Houston, Texas, this 24TH NO day of VEhIDER_ 19 pg a rt Seemmy For verification of the authority of this pow you may telephone (713) 7224600, NOV.24.1999 12 :45PM USA/WESTERN AUSTIN TX BondNo.: TX 093015900 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Honer ntr Fire Systems, Ioc. , 10109 -G MWKaO* Plane, Auetio. Texas 78758, as Principal, hereinafter called the Pxmoipal, and UNIVERSAL SURETY OF AMERICA, 950 Echo Lena, Salto 250. Houma Texas 77024, as Surety, hereinafter tailed the Surety, ere hold end firmly bound mum City of Round Rock , on Obligee, hereinafter tailed OLD Obligee. w the Calm of 5.0045 of tiro ammmt of this bid mot to emceed Two Thousand Five Hundred and No(100 Dollars (52,500.00) for the payment of which cum well and truly to be made, the said Principal and the said Surety, bind omselvoe, our heirs, exeanm[s, administrator, auccoBSms and assigns, jowly end severally, firmly by those premiss. WHEREAS, the Principal has submitted a bid for Round Rock Fite Station 95 . NOW, TEEREFORE, If the eonraet be timely awarded to the Principal and the Pdnci9el shall within such time as specified in the bid, cater into a COMM in writing, or, w the event of the failure of the Principal to enter into ooh Contract; if the Principal stag pay to the Obligee the difference tot to exceed the penalty hereof between the amount apeeifed in said bid and web larger mount foe which the Obligee may in good faith contract with mother pally to perform the work covered by said bid, then this obligation shall be null and void. otherwise to remain in fun force and effect PROVIDRD, HOWEVER, neither Principal nor Surety shall be bound hnmnader unless Obligee prior to execution of the final contract shall fbthiah evident* of financing in a manner and form ecoeptable to Principal and Surety that financing has been firmly committed to cover the =tire oast of the project, Signed and sealed November 24,1999. UNIVERSAL SURETY OF AMERICA 950 Echo Lane, Suite 250 Houston, Texas 77024 // URETY OF AMERICA By:" Gmgory l , .s�� •le Anorney -in -Fact NO.510 P.2/3 FEB -01 -00 TUE Ji8;361 NIEMAN HANKS PURYEAR CERTIFICATE OF LIABILITY INSURANCE PRODUCER Nieman flanks Puyear Partners 515 Congress Ave., Thirteenth Floor Austin, TX 70701 INSURED Honeycutt Fire Systems, Inc. & Don Honeycutt, 10109 G MCKa11a Place, Austin, TX 70758 THIS IS TO CERTIFY THAT the insured named above is insured by the Companies listed above with respect to the business operations hereinafter decribed, for the types of Insurance and in accordancc with the provisions of the SLutdard policies used by Lhe companies, and further hereinafter described. Exceptions to the policies are noted below. co 'lYI'E OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE DATE A G1;NEP.tL LUAILITY AUTOMODILELIAOILI'rr COMDENEUSINGt.ELIMrr f 1,000,000 U 175127208 1 /1 /00 1 /1 /01 BODILY INJURY (per person) $ DODILY INJURY (Prs accident) S PROPERTY DAMAGE S EXCESS LLtD[LETT WORKERS' COMPENSATION AND EMPLOYDS' LIADILITY C AC1ti>r016865 10/1/99 10 /1 /00 O TH E R B1039343046 1 /1 /00 1/1/01 DESCRIPTION 01' OPER4TIONS /LOCATIONS /VERSCLES /SPECIAL ITEMS /EXCEPTIONS Thu City of Round Rock is named as additional insured with respect to all polieics except Workers' Compensation and Employers' Liability Should any of the above described policies by cancelled or changed before the expiration date thrcof, the issuing company will [nail thirty (30) days written nuke to the certificate holder named below. CERTIFICATE HOLDER: City at Round Rock 221 E, Male Street Round Rock, Texas 78G64. attn: Joanne Land FAX N0, 512 4820200 Y P. 02/02 COMPANIES AFFORDING COVI:ILAGE A imerican Cas Co of Reading, PA 0 Continental.Cas. Co. Ind• C Association Cos Ins. Co. 13 Date: 1175/7000 GENERAL AGGREGATE s 2,000,0 vxoDucrs•comP+OP AGO, F 2,000,000 0175127192 1/1/00 1/1/01 PERSONAL a< ADV,INJURY c 1 ,000,000 EACH OCCURRENCE 3 1,000,000 P1RE• DAMAGE (Any one llret s 300,000 MEU. EX1'ENS0 (Any one person) S 5,000 LLaI ITS EACJtOCCUR[tc".NCE 5 1,000,000 AGGREGATE $ 2,000,000 RPT1?NTTC)N 10.000 STATUTORY LIMITS EACrI ACCIDENT a 500,000 DISEASE - POLICY LIMIT 1 500, 000 DISEASE • EACH EMPLOYEE S 500,000 • StIAT7 OF AU)p � IZED REPRESt TATIVE Typed Name: Greg Mer Title: Prrrtr,rar / C)Wnar 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 REFERENCES: SECTION 00620 PERFORMANCE AND LABOR AND MATERIAL PAYMENT BOND FORMS 00620 -1 1. The Performance and Labor and Material Payment Bond Forms (bound herein) shall conform to the requirements of Article 5160 - The McGregor Act - Revised Civil Statues of Texas as amended by the 56th. Legislature 1959, and each shall have a penal value of 100% of the Contract Amount. END OF SECTION PERFORMANCE AND LABOR AND MATERIAL PAYMENT BOND FORMS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IAN.11.2000 3:27PM USA /WESTERN AUSTIN TX PIEBRORMANCIBLIND 7!IE Sll7E OF TEAS COUNT IOF wzw4J yo KNOWALL MEW BYMES$PR NTS: That Hone Piro systems, xnc, e ft city of Austiny of Travis : w a Texas UPS oueliverealSurety o3 ZITA a MMIBBAMMOWAF afd* hate ef Tam, sot a sitty an bandy fbepes eta, ace held Ord Body booed auto thousand n and OF ROOK ' i1S, (0=04 Dl the Peal eta of wvunty -foyi ^� *ma sad douses (I 24 000.00 ) S3T The pomace dy to be midi $,s said Principal end Surely bhul th®milves. and their helm sdmoniateaton, mteanonrm, amass= send aasigq, jolody and iaverdly, by theme mom: the &ineipolbai eat red Imo s antes smitten centime with*.Osemar heed the _29tH day of November MT to which the by lamed so and made A pat hen &as Od ft do mme emelt an if copied at length back moist* ot fire sprinkler System, fire station NS, Deepwocd Drive, Round Rock, Tx NOW. THEREFORE, TIM CONDITIONS OF /WS OBLIGATION IS StJCld. Mat Mite *Wally odd Principal shall wham raid CoahiOt owl hell, to all seepecm, duly and y *awn aedpetkona an and singular Thi oaveateh , mindiliam and sgreamenlo In and by and Can nsk speed ad eeveiro adby to Principal to be observed mutpeeihneed. Mang Instant Iimitedso. heavy* arany mai all detect. in mid mark emanitmed ay mad ra tItiag from defeats in matatials furnished by or morloomehip rd Sys Prima is pedeemaBthe mods covered by said Contract sad oxaaios within a of twelve (72) months *tea the dare of the emeract Medan Casei6aate and an ether cossets geed nomaitioaa, according to the true intent and manning of odd OVUM! and the Plans and Specifications betet meted,1tonAde obliged= eludl be void; otherwbe to remain in fie! PROVIDED. ROWEVR . ese Ids bond is emoted oteet 3233. Tuna Govemmeat code, as amended, and 1 on d be dmemoined >s somedinee aril the provisions of mid Chapter to the sway mast as if B were copied at 1BD-3 Bond if 10009736 N0.212 P.2 /B ,JAN.11.2000 3 :27PN USA/WESTERN RUSTIN TX PEMFORMANCE BOND (eardinnup sic for vabam /mind, sdististes and agmea that no champ, menden of tin% shanks or addition to the teem of ee ccsamer, or to the workpargsrmod thismader, or the plans, tideland, specifications, do and ng the same, ahifl m ameba egos its oldipiloo es es B its t notice of say ands asWoaofthne. thumbs or to the week to be parthmead theseendee. q �,SWi oF, the said Pemeipel end Swap► have Rived end imam' 19 9a, 27tn �. day of December Honeycutt Lire stems, Inc. lldc fit �E,c� i �e lO( �' cT L(1 A Residue Agent efSaetty; Gres{ Printrd Name Austin, Tx 78701 Code NO.212 P.3 /13 Universal Surety of America Sueaty a-dLar) -J Debb.io mmAlson, Attorney -in -Feet e 515 Congress Ave., 13th Floor Mhos Austin, Tx 78701 1 1 1 1 1 1 Obligee; City of Round Rock 1 1999 1 1 ,TAN. 11.2E20 3 :213PM USA /WESTERN AUSTIN TX NO.212 P. 4/8 UNIVERSAL SURETY OF AMERICA GENERAL POWER OF ATTORNEY - CELL li'nJD COPY Debbie Madison herlNurn6rr 10009736 Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, s corporation duly organized and existing under the laws of the State of Texas, and having Its principal office in Houston, Texas, does by these presents make. donstiture and appoint ire true and lawlhl Attomey(s ).-in -Pact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for; Principal: Honeycutt Fire Systems, ins. Amount; 924, 000, 0 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(a) -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 I 1 r1 day of July, 1984. 1 1 1 1 1 1 State of Illinois ss Count' of Cook On this 30th day of June, In the year of 1999, before me Linda C. Dempsey, a notary public, personally appeared Robert E, Ayo, personally known to be the person who executed the within Instrument as President, on behalf of the corporation thereto named and acknowledged to me that the corporation executed It 1 1 GIVEN under my hand and the seal of said company, at Houston, Texas, this "Be It Resolved, that the President, and any vie. 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 Attorncy(s) -in -Fact to represent and act for end 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 facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation" In Witness Whereof, Universal Surety of America has roused these presents to be signed by its President, Robert E. Ayo, and its corporate seal to be hereto aflbxed this 30th day of June, A.D., 1999. UNIVERSALS y OF 7/WC 0 Robert E. Presideni Public I tha undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a fltll, 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 effect Li/A_ day of December elan S t ecretary 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 JAN.11.2000 3 :28PM • USA /WESTERN AUSTIN TX PAYMEN t BOND NOW, +TE CONDITION OFTES ORLTGA2TON18 SOCK Minim sad Principal still well and tsolF pay all aalmaabacithh i.iw, atetthadas, and all mottles to dorm miss by odd Ptiookols for adsomtnets, work 1rbaa, ogaipmeit, apples and mood* dose sod Nadas& No for coslsudoa or the of acid Cashact, ties this obligation small be sad bmme doll end sold; otherwise to sasasis bill !Otos sod Meek PROVIDED, HOWEVER, tbrt els bond is tAOeansd puomootto the 2233, Texas Goverment cede. e: ataeaded, and all liabilities on Ms bead s deteordoed is wardrsce withthe provisions of said Moor 2253 tot the some = as if it were copied at length bask ThZ STATE OF TEXAS COUNT FOFWILLUAisair ICNOWALLAMBITITSSRPMEM Boneyontt Fire systems, Inge My of anntln , Coady o sod gm of Texas a! sad uni.irrrsal surq� �e lows d thr Sere orTmor1titaxasSambymama du' yinaLal , oes bid aid llombybomd VIM Tin CITV OF MOUND ROCK, (OVAIEA), and ill t Moors, medieoiosstol suppliers estodrimrsest NSW smear, 111ofwboot ttsnhawthemottorte upon this bond, is the pf�n�l sum of Twenty -Pour thousand and no /100 ]�]�g a 24,000.00 whereoo well and tndy be made the smIthracipel *14 Fumy bMillsostolyrs slid their heirs, suss, executors, seeeemas, eo ladies, jam, Mid k; 1y diem prossoor WHISFEAS. to Praeipalbls erirpd into a tomb awaken mares *lithe Omer, dried e th daps e£ necem ts 9� m ber + i wide Nooses is here ty resieed to sod made s ptltt bas of as 1b sod to i4 some Meet at if copied st botothitessis consist' tor cse lire sprinkler system, lire station 05, Deepwood Drive, Round Rock, TX "'1111m1401.0.' PBD-S NO.212 P.5/8 • Bond 3 10009756 ._JAN.11.2000.. 3 :29PM ...USA /WESTERN AUSTIN TX ' 1 1 1 1 1 1 1 1 1 1 1 1 1 PAYMENT BOND (e t .. Snow, Or wine mend, 0! Whips to Poe tam of of c� t s Swop °� , motion as sbond,s mid it does to the toms by onion India do* '°eb dingo, eagasi s DIM aosbsot, root thsw et to be_odbonedthorkzeor. DJ MMUS WHEREOF HERBOF. the said Pr ei• sad Sorely have dined nod en1.d this thb 27th_ dwof Doaemvar 19—* Hone ou't Fire Systems, Inc. er _univsal Surety of AA�srica 1 Loi me-v."41_6, 1 1 1 Rabbet Agent of Suroty Greg Meserole P tsd.Nese 518 Congress Ave., 13th Floor Austin, Tx 78701 Zip Code f'Tr PBD4 N0.212 P.6 /B J1 5 Ave.. 7tt Floor Austin, Tx 78701 nebbie Madison, Attorney -in -Fact ?1de AN- 20 -00 THU . 0..c:24 AM NIgMAN HANKS JAN. 19.2000 4: 06PM USA'I4ESTt 2N AUSTIN TX UNIVERSAL SURETY OF AMERICA . Know All Men by The Presents, That UNIVERSAL SURETY of the State of Texas, end having k. principal office in Houston , d y them presents crafts, d constitute and a po,RtisNng under the laws Greg Meaerole In true and lawful Attorneys }in•Fecr, With full power and authority hereby conferred in its name, place and stead, to execute, seknowledse and deliver bonds for. Principal: Honeycutt Fire Systeme, inc. Obligee: city of Round Rock Amount: $24, 000.00 and to bled the Company thereby es fully and to the same extent as if such bonds wen signed by the president, seated with the corporate ace] of the Company and duly attested by its Secretary, hereby ratifying and coatltming all that the said Attorney(s)-In-Pact may do within 11ic above atated limitations, Said appointment is made under end by authority of the following resolution adopted by the Board of Directors of Universe Surety of America at a meeting held on the I l th day of luty.1984. "Be It Resolved, that the President, Ind any Vice President. Secretary or any AaaiStant Secretary shalt be and is hereby vested with full power and authority to appoint any one or mere suitable persons as Attorney(e) -in -Fact to represent and act for and on behalf of the Company." 'ABSOLVED that the signature of any officer of the corporation, and the seal of the eorporation may be affixed or printed by faeimile to any power of attorney of the concretion, and that such printed facsimile signature end lea! shell be valid and binding upon tho corporation.` Io When Whereof,, Universal Surety of America has caused these presents to be signed by Its Prealdeat, Robert E. Aye, end its corporate seat to be hereto affixed this 30th day of June. A,D, 1999. State of IWnole ) County of Cook 5 cr 5124020200 GENERAL POWER OF ATTORNEY - CERTIFIED COPY NO.376 P.,2.2 orr on um 2.0009738 UNIVERSAL SU OFq XI Robert ii. — — Ye Prendeur Oil personall hnowis to be the person a who executed the within instrument Dempsey, n; on behalf of the corporation therein named and acknowledged tome that the eorportetlon exoeuted It _.. , Pubilc 1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and tensing is a frill, cue and Correct copy of the Original Power of Attorney lasued by said Company, and do hereby farmer certify that the said Power of Attorney fa etiU in effect OIVEN under my hand and the teal of said company, at Houston, Total, tbls 1999 •. day of December narlr4nt Secretory P. 0 JAN. 11.2000 3:29P , USA /WESTERN AUSTIN TX I I UNIVERSAL SURETY OF AMERICA GENERAL POWER OF ATTORNEY - CERTIFIED COPY Know All Men by These Presents. That UNIVERSAL SURETY OF AMERICA, a corporation duly ovganizeil and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Debbie Madison NO.212 P.7 /3 sand Nw*r 10009736 its true and lawful Attorney(s) with till power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for. Principal: Honeycutt Fire Systems, Inc. Obligee: City of Round Rock Amount: 24,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sea led with the corporate seal of she Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do within the above stated limltadons. Said appointment is made under and by authority of the following resolution adopted by the Beard of Directors of Universal Surety of America at a meeting held on the l I th day of July, 1964. "Se le Resolved, that the President, and any Vice President Secretary or any Assistant Secretary shall be and Is hereby vested wide full power and authority to appoint any one or more suitable persons as Attorney(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 affihted or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile 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, Robert E. Ayo, and In corporate seal eo be hereto affixed this 30th day of June, A.D., 1999. GIVEN under my hand and the seal of said company, at Houston, Texas, this 1999 UNIVERSAL SU 7 Robert E. Aye State of Illinois to County of Cook On this 30th day of June, In the year of 1999, before me Linda C. Dempsey, a notary public, personally appeared Robert E. Aya, 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. _ 1211 a, efil'U �LL 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 effect. Pobtic 27th day of ; December Assistant SecretarY General Conditions of the Contract for Construction AIA Document A201 -1997 1997 Edition - Electronic Format This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF 11H16 ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT D401. 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, ® 1997 by The American Institute of Architects- Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the A1A violates the copyright laws of the United States and will subject the violator to legal prosecution. TABLE OF ARTICLES 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PRCPERTY 11. INSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #1 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 Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements) . 1.1.2 THE CONTRACT ARTICLE I GENERAL PROVISIONS 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 Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub- subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations of Contractor under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. The Work also includes what is reasonably inferable from the Contract Documents to cause the Project to be fit for its intended purposes. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part 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 Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.1.8 FINAL COMPLETION The date of Final Completion shall be the date the Contract Documents have been fullv performed. all of the Work has been completed and a final Certificate for Payment approved by the Owner has been issued by the Architect. AlA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING- Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #2 1 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1 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 complementary, and what is required by one shall be as binding as if required by all; -,erformance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from ahem as being necessary to produce the indicated results. 1.2.1.1 In the event of conflicts. explanatory notes in the Drawings take precedence over graphic indications. large scale drawings and details take precedence over smaller scale drawings. and figured dimensions take precedence over scaled dimensions. Where freured dimensions are not indicated. scaled dimensions may be used upon approval by the Architect. The Contractor shall verify all dimensions, both figured and scaled. by measurements of conditions and of the Work in place. 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1 1 1 1 1 I 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. ' 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as I "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. ' 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents. the Architect shall identify such unsigned Documents upon- request. 1 1 1 1 1 1 1 1 1 1.2.3 Unless otherwise stated in the Contract Documents, words which have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3 CAPITALIZATION 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions (surface. subsurface and surrounding) under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set until expiration of any warranty period. 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 or the Architect's consultants, and unless otherwise indicated the Architect and the Architects consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except including the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work or, in the case of the Contractor's record set, upon expiration of any warranty period. The Drawings, Specifications and other documents prepared by the Architect and the Architects consultants, and copies thereof fumished to the Contractor, 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 projects or for additions to this Project outside the scope of the Work without the specific written consent of • - -. - The Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architects consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies AIA DOCUMENT A20]- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #f3 made under this authorization shall bear the statutory copyright notice, if any. shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights. 1.6.1.1 Upon Owner's payment therefor. all Plans. Drawings. Specifications and other documents. including those in electronic form and copies thereof furnished by the Architect and the Architect's consultants. are and shall remain the property of the Owner. They shall not be used in whole or in pan by anv person on any other project without the prior written consent of the Owner and Architect. 2.1 GENERAL ARTICLE 2 OWNER 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters rcquiria the Owner's approval or authorization. Except as otherwise provided in Subparagraph 42.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. 2,-1,3 The caner shall furnish t the C ntract r within fifteen days after receipt f a written request, inf rmati n necessary and relevant rocord le title to the property = on which thc Project is located, usually referred to as the site, and the Owner's interest therein. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER fumishad, the Owner shall not materially vary such financial atran,cmonts without prior notico to the Contractor. 2.2.2 Except for permits and fees, including those required under Subparagraph 3.7.1, which are the responsibility of the Contractor .under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. 2.2.3.1 The furnishing of surveys and legal descriptions of the Project Site by Owner shall not relieve the Contractor from its duties under the Contract Documents. Subcontractors. in reasonable reliance upon the accuracy of information provided. shall be responsible for determining the existence and location of subsurface lines. cables and pipes. as well as the conditions and characteristics of all subsoils. 2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any thcr informati n or services relevant t the C ntract is performance of the Work under thc Owner' c ntr 1 shall be furnished by the Owner after receipt fr m the C ntract r f a written r qa st for such inf rmati n or services. 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. 2.3 OWNER'S RIGHT TO STOP THE WORK 2,34- If thc Contractor fails to corrcct Work which is not in accordance with the requirements of the Contract Documents as required to thc Contractor to stop the Work, or any portion thereof, aatil the cause for such order has been eliminated; however, the right of the AIA DOCUMENT A20t- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecutions This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A20] -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 94 wncr to stop thc W rk shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of thc Contractor r any ther pers n r ntity. except t the extent required by Subparagraph b.1 I 2.3.1 If the Contractor fails to correct defective Work as required by Paragraph 12.2. or fails to complete the Work on time as required `tv Article 3 of the Agreement or is in default of anv of its material obligations hereunder. the Owner. by a written order signed by an agent ,pecifically so empowered by the Owner. may order the Contractor to stop the Work or any portion thereof. until the cause for such order I has been eliminated: however. this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. This right shall be in addition to. and not in restriction of. the Owner's rights under Paragraph 122. 1 1 1 1 1 1 1 1 3.1 GENERAL ' 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. 1 1 1 1 1 1 2.3.2 If. after consultation with the Architect. suspension of the Work is warranted by reason of unforeseen conditions which may adversely affect the quality of the Work if such Work were continued. the Owner may suspend the Work by written notice to the Contractor. In such event. the Contract Time shall be adjusted accordingly. and the Contract Sum shall be adjusted to the extent. if any that additional costs are incurred by reason of such suspension. if the Contractor. in its reasonable judgment. believes that a suspension is warranted by reason of unforeseen circumstances which may adversely affect the quality of the Work if the Work were continued. the Contractor shall immediately notify the Owner and the Architect of such belief 2.4 OWNERS RIGHT TO CARRY OUT THE WORK 2.4.1 if the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven - day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven day period giv thc Contractor a sec nd written n tico to-serroct such dcficicnci s within o thrcc day peri d. If the C ntract r within such three day peri d after receipt f such sec nd n ticc fails t c mmencc and ntinuc t eorrcct any deficiencies, thc Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by thc Owner and amounts charged to thc Contractor arc both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. 2.5 In no event shall the Owner have control over or charge of. or be responsible for. construction means. methods. techniques. sequences or procedures. or for safety precautions or programs in connection with the Work. since these are solely Contractor's responsibility. The Owner will not be responsible for Contractor's failure to carry out the Work in accordance with the Contract Documents. The Owner will not have control over or charge of, and will not be responsible for the acts or omissions of Contractor, Subcontractors or their agents or employees. or of anv other persons performing portions of the Work. ARTICLE 3 CONTRACTOR 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architects administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic FonnatA201 -1997 User Document: A201.DOC -- 2/9/1999. A1A License Number 111808, which expires on 2/28/2000 -- Page #5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. 32.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances. building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor when exercising the skill and attention required of Contractor hereunder. should have recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.2.3.1 If the Contractor performs any construction activity involving such error. inconsistency or omission in the Contract Documents — - without such notice to the Architect. the Contractor shall assume complete responsibility for such performance and shall bear the full amount of the attributable costs for correction. 3.2.4 Notwithstanding the foregoing or any contrary provisions of the Contract Documents. Contractor shall be responsible for costs of Work replaced or damaged as a result of errors in the design or the failure of the design when. exercising the skill and attention required of Contractor hereunder. Contractor knew or should have discovered such errors and failures. 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. subject to terms of Article 4, solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques. sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 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 or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 3.3.2.1 It is understood and agreed that the relationship of Contractor to Owner shall be that of an independent contractor. Nothing contained herein or inferable herefrom shall be deemed or construed to (1) make Contractor the agent, servant, or employee of the Owner. or (2) create any partnership, joint venture. or other association between Owner and Contractor. Any direction or instruction by Owner in respect to the Work shall relate to the results the Owner desires to obtain from the Work. and shall in no wav affect Contractor's independent contractor status as described herein. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. ALA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyrieht laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.D0C -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #6 1 3.4 LABOR AND MATERIALS ' 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment. tools, Destruction 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 incorporated or to be incorporated in the Work. • 3-43 The Contractor may make cubctitutions only with thc conccnt of the Owner, after evaluation by thc Architect and in accordance with a Chance Order. ' 3.4.2 At a minimum and unless otherwise modified by applicable sections of the Specifications, if after the Contract Documents are executed. it becomes necessary for the Contractor to substitute a material or product of a different brand or manufacturer in lieu of that specified. the Contractor shall submit a written request to the Architect for approval of such proposed substitution. Each request for • substitution shall state any amount of change to the Contract Sum and shall be accompanied by complete descriptive literature and performance data upon both the specified item and the proposed substitution. plus any samples as may be required by the Architect. Each proposed substitution shall require the written approval of the Architect before its incorporation into the Work. The Contractor shall submit I requests for substitution as soon as practicable after the need for the substitution is determined to allow for adequate consideration of such request and to minimize delay in the progress of the Work. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out ' the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 1 1 1 1 1 1 1 1 1 1 1 1 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of geed the best quality and new unless otherwise required or permitted 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 to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect or Owner the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.5.2 The warranty provided in Paragraph 3.5.1 shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Contract Documents. and such warranty shall be interpreted to require Contractor to replace defective materials and equipment and re- execute defective Work which is disclosed to the Contractor by the Owner within a period of one (1) year after Final Completion of the entire Work or within a longer warranty time if such is specifically called for in the Specifications or as otherwise provided by law. In each instance (if anv) where the Contractor becomes obligated to correct defective Work. the one (1) year warranty period specified shall automatically be renewed and recommenced. beginning when such correction is completed. as to the Work corrected. so that Contractor's warranty obligation remains in effect as to each portion of the Work until each portion of the Work has functioned properly for an entire year. 3.5.3 The Contractor shall issue in writing to the Owner as a condition precedent to final payment a "General Warranty" reflecting the terms and conditions of Paragraphs 3.5.1 and 3.5.2 for all Work under the Contract Documents. This General Warranty shall be assignable. 3.5.4 Except when a longer warranty time is specifically called for in the Specifications or as otherwise provided by law, the Contractor shall warrant for a period of twelve (12) months from Final Completion that the building(s) shall be watertight and leakproof at every point and in every area. except where leaks can be attributed to damage to the buildine(s) by external forces beyond Contractor's control. The Contractor shall. immediately upon notification by the Owner of water penetration, determine the source of water penetration and. at its own expense. do any work necessary to make the building(s) watertight. Contractor shall also. at its own expense, repair or replace any other damaged material. finishes. and furnishings damaged as a result of this water penetration. to return the building(s) to its (their) original condition. 3.5.5 Except when a longer warranty time is specifically called for in the Specifications or as otherwise provided by law. the General Warranty shall be for twelve (12) months from Final Completion and shall be in form and content otherwise satisfactory to the Owner. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 97 3.5.6 Warranties shall become effective on a date established by the Owner and Architect in accordance with the Contract Documents. This date shall be the Date of Final Completion of the entire Work. 1 3.6 TAXES I 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids arc received r nes tiati ns c ncludcd, whether r n t yct effective r merely scheduled t g int 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. +vhon bids are received or negotiations concluded. Notwithstanding the foregoing. the Contractor shall procure all certificates of inspection. use. occupancy, permits and licenses. pay all charees and fees (excluding. however. capital recovery charges and charges and fees of a similar. capital nature required to be paid to cause utility lines or utility capacity or both to be available at the boundaries of the Project Site. which charges and fees are to be paid by Owner) and give all notices necessary and incidental to the due and lawful prosecution of the Work. Certificates of inspection. use, and occupancy shall be delivered to the Owner upon completion of the Work in sufficient time for occupation of the Project in accordance with the approved schedule for the Work. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. 3.7.3 It is a t the Contractor's recp nsibility t ascertain that the Contract Documents are in ace rdanc with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if If the Contractor observes that portions of the Contract Documents are at variance therewith with applicable laws. statutes. ordinances, building codes and rules and regulations, 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 when, exercising the skill and attention required of Contractor hereunder the Contractor knows or should have known such Work to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such noticc to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 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 to whom the Contractor has reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: l allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all requ taxes, less applicable trade discounts; .2 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 but not in the allowances; .3 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 3.8.2.1 and (2) changes in Contractor's costs under Clause 3.8.2.2. 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid unreasonable delay in the Work. ALA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with pertnission of the A1A and can be reproduced without violation until the date or expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #8 ' 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site ' during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be ;imilarly confirmed on written request in each case. Selection of the superintendent shall be approved in writing by the Owner. The Contractor shall not replace the superintendent without the prior written consent of the Owner and until the selection of another I superintendent approved by the Owner in accordance with the Contract. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's in€omiatien review and approval 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 Contract Documents, and shall provide for expeditious and practicable 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 coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.10.3 The Contractor shall perform the Work in gcncral accordancc with adherence to the most recent schedules submitted to the Owner and Architect, unless specifically authorized by the Architect to begin work earlier than called for on such schedules. 3.10.4 The Contractor shall prepare a monthly schedule summary report in a form and of sufficient detail and character as approved by the Owner. The report at a minimum shall specify whether the Project is on schedule and, if not the reasons therefor and the terms of the new schedule. The Contractor shall hold weekly progress meetings at the Project Site. or at such other times and frequency as are acceptable to the Owner. Progress of the Work shall be reported in detail with reference to construction 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 field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect 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, performance 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 submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which 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. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as A1A DOCUMENT A20]- GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #9 to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 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. 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. 3.12.8 The Work shall be in accordance with approved submittals except that 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 (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings. Product Data, Samples or similar submittals by the Architect'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. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3.12. 10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.12.11 Shop drawines for architectural. structural. mechanical and electrical work shall be submitted for approval to the Architect and Owner. 3.12.12 The Contractor shall assemble for approval by the Architect and the Owner three (3) complete copies in loose -leaf binders of all operating and maintenance data for all equipment installed as a part of the Work. 3.12.13 Prior to Final Payment. and as a condition of Final Payment. the Contractor shall submit to Owner two (2) complete sets of built" drawines. 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. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTfrUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #l0 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. and to present an acceptable completed appearance. 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 otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with prior written consent of the Owner and of such separate contractor; such c nsent shall n t be unreae nobly withheld. The Contractor shall not unreasonably 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. ] The Contractor shall at all times keep the premises and surrounding area free from accumulation of waste materials of and 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. 3.15.3 The Contractor shall be responsible for damaged or broken glass. and at completion of the Work shall replace such damaged or broken glass. At a minimum and unless otherwise modified by applicable sections of the Specifications. the Contractor shall perform the following final cleaning at completion of the Work: (a) remove all temporary protections: and (b) remove marks. stains, fingerprints and other soil or dirt from all surfaces and other work: and (c) remove spots. mortar. plaster. soil and paint from ceramic tile. marble, and other finish materials from all surfaces and other work: and (d) clean fixtures. cabinetwork. and equipment. removing stains, paint, dirt. and dust and leave in an undamaged and new condition: and (e) clean all surfaces and other work in accordance with recommendations of the manufacturers. 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, PATENTS AND COPYRIGHTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has r ason to believe when. exercising the skill and attention required of Contractor hereunder . knows or should have known that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. in which case the Architect shall be liable to the Owner for such loss. 348 INNIDCMNIFI CATI ON 3.18.1 but not limited to attorneys' fees, arisin t of or resulting fr m performance o ,lama.. ,� s -e ^ ^ °° ° expenses, including the Work, AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON. D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 411 I 2.18 .2 In claims against any person or entity indemnified under this Paragraph :.18 b:' an empl yee f the C ntractor, a Subcontractor, 4.1 ARCHITECT ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified 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 Architects authorized representative. The Architect is identified as such in the Agreement. or such successor Architect as the Owner may appoint by written notice to the Contractor from time to time. 4.1.2 Owner reserves the right to appoint a representative empowered to act for Owner during the Construction Phase and to supersede the Architect's Construction Phase responsibility to the extent set forth in written notice to the Architect and Contractor. With respect to such superseded responsibilities as set forth in the notice to the Architect and Contractor. Architect shall no longer bear responsibility in those areas from and after the effective date of such notice. unless and only to the extent from the time that Architect shall be redirected to resume responsibility by Owner. Similarly. from time to time. Owner may expand or reduce Owner's delegation of powers to the Architect. with Owner so notifying Contractor of any such changes. The Architect shall not be construed as a third -party beneficiary to the Contract and can in no wav object to any expansion or reduction of powers as set forth herein. In no event. however. shall Owner have control over or charge of. or be responsible for. construction means. methods, techniques. sequences or procedures. or for safety precautions or programs in connection with the Work. since these are solely the Contractor's responsibility. The Owner will not be responsible for the Contractor's failure to cam out the Work in accordance with the Contract Documents. The Owner will not have control over or charge of and will not be responsible for the acts or omissions of Contractor. Subcontractors. or their agents or employees. or of any other persons performing portions of the Work. 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect aaain:t whom the Contractor has no rca,onable objection and whose status under the Contract Documents shall be that of the former Architect. 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 an Owvner'a one year peri d for correction of Work described in paragraph 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 in writing in accordance with other provisions of the Contract. The Architect shall administer the performance of the Work. The Architect will advise the Contractor with regard to matters set forth in the Drawings and Specifications. In addition to any specific responsibilities assigned elsewhere in the Contract Documents, the Architect shall make recommendations with respect to any and all questions which may arise as to the rate of progress of the Work. 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 Paragraph 4.1.2. 4.22 The Architect, as a represontativo of the Owner, will regularly visit the site at intervals appropriate to thc stage of the Contractor's eperatiens (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work when fully completcd, will be in accordance with the Contract Documents. However, thc The Architect will not bo required to make exhaustive or continuou make regular on site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3. 1. ALA DOCUMENT A201- GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #12 ' 4,2.2.1 On the basis of on -site observations. the Architect will keep the Owner informed of progress of the Work. and will use best efforts to guard the Owner against defects and deficiencies in the Work. ' 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the 'ontract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor. Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. However. the I Architect will be responsible for notifying the Owner. in writing. of any illegal. improper or unsound means. methods. techniques. sequences. procedures. safety precautions or programs and /or any acts or omissions of Contractor that are (mown or should have reasonably been discovered by Architect. I 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized are deemed necessary by Owner the Owner and Contractor shall endeaver —te communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with I the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate conrractors shall be through the Owner. 1 1 4.2.5 Based on the Architect's observations and evaluations of the progress and quality of the Work and Contractor's Applications for I Payment. the Architect will review and. after consultation with and receipt of approval from Owner, 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 that does not conform to the Contract Documents. Whenever the Architect I considers it necessary or advisable, the Architect will have authority to require 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, neithor this authority of the 1 1 1 1 1 1 1 1 1 1 42.4.1 Except as provided in Paragraph 3.12.12. the Contractor shall forward all communications to the Architect directly. along with a copy to the Owner. 4,24 Based on the Architect's evaluations of thc Contractor's Applications for Payment, the Architect will review and certify the am unts du the C ntract r and will issue Certificates f r Payment in such am unts. entities performing portion., of thc 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, including without limitation, checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architects professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architects review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction 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 provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as AIA DOCUMENT A20t- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #13 l et forth in an exhibit to be incorporated in the Contract Documents. ir .2.11 The Architect will interpret and decide matters concerning performance under, and requ of, the Contract Documents on itten request of either the Owner or Contractor. The Architects response to such requests will be made in writing within any time limits 'reed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required ,j the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the f irchitect to furnish 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 lc ocuments and will be in writing or in the form of drawings. When making such interpretations and initial decisions. the Architect will ndeavor to secure faithful performance by both Owner and Contractor, and will not show partiality to either and will not be liable for sllts of interprctati nc or decisions so rendered in good faith. 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 interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also "I ncludes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiate4 made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Time Limits on Claims. Claims by either party must be initiated 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 initiated by written notice to the Architect and the other party. ' 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 1 4.3.4 Claims for Concealed or Unknown Conditions. Contractor represents that it has fully investigated all physical aspects of the Project Site and verified all dimensions. measurements. property lines. utility locations. grades and elevations_ existing improvements, surface and subsurface soil conditions. drainage of both surface and subsurface. soil plasticity. and general suitability of conditions at the ' Project Site. and shall not be entitled to any increase in the Contract Sum as a consequence of what is reflected thereby or what the Contractor. exercising the skill and prudence of a first class contractor. knew or should have known. Subject to the foregoing. if conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated I in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ 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 Architect will promptly investigate such conditions and, if they differ materially and cause an 1 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 I 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 conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but 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 determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, detailed 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 Paragraph 10.6. 1 1 1 1 AlA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 414 4.3.6 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 written order for a minor change in the ' Work issued by the Architect. (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 this Paragraph 4.3. In the event any Claim for additional cost .tereunder shall increase the Contract Sum by neater than ten percent (10 %). the Owner may terminate the Contract Documents without I being liable for damages to the Contractor. the Architect or any employees. asents. subcontractors or any other persons or parties related thereto except to the extent of the cost of such out -of- pocket expenses reasonably incurred by Contractor. • 43.6.1 WAIVER OF CLAIMS: FINAL PAYMENT I The making of Final Pavrnent shall not constitute a waiver of anv Claims by the Owner. I 4.3.7 Claims for Additional Time 4.3.7.1 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. 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating I ▪ that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. Such Claims shall be submitted monthly or shall be conclusively deemed to have been waived. • 4.3.8 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, or of others for whose acts such party is legally responsible, written notice of such injury or ▪ damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 2 1 ten (10) days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 4.3.9 if unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so 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. 4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: 1 1 .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Subparagraph 4.3.10 shall be deemed to preclude an award of liquidated direct damages, when • applicable, in accordance with the requirements of the Contract Documents. 1 1 1 1 4.4 RESOLUTION OF CLAIMS AND DISPUTES ▪ 4.4.1 Decision of Architect. II Paragraphs 10.3 through 10.5, shall Any Claim may. upon request of Owner, be referred initially to the Architect for decision. Art 'initial persons or entities other than the Owner. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #15 '•1.1 2 The Architect will review Claim: and within ten days of thc receipt of the Claim take one r more of the following action,: (1) 'Te Architect lacks sufficient information - t evaluate the merits of thc claim or if the Architect concludes that, in the Architect's sole ,scrct1on, it would be inappropriate f r thc Architect to resolve the Claim. 1 4.4 2 The Architect (if the matter is referred to the Architect for initial decision) will review Claims and within ten (10) days after receipt of a Claim will either (1) reject the Claim in whole or in part (2) recommend approval of the Claim in whole or in part. (3) request the Claimant provide additional information in support of the Claim. or (4) suggest a compromise. The Architect's action under the preceding ' sentence shall be reported to the Owner and the Contractor. If a Claim is not resolved after consideration of the foreaoina and of anv further evidence provided to the Architect. the Claimant shall be entitled to pursue its Claim in any lawful manner subject to anv limitations contained in the Contract Documents. Any recommendation of the Architect for the disposition of any Claim shall not be binding on the Owner or the Contractor. ' In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special Imowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner I to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when ' the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 1 1 1 1 1 1 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by the Architect shall be final and binding n thc parties but subject t mcdiati n and arbitrati n advisory only and shall be subject to mediation. ' 4.4.5.1 If a Claim has been resolved. the Architect (or at the Owners sole option, the Owner) will prepare or obtain appropriate documentation. ..4.5.2 If a Claim has not been resolved, the party making the Claim shall. within ten (10) days after the Architect's preliminary response, III 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. 14 vend by such decision must bc made within 110 days after the date n which thc party making the I decision becoming final and binding upon the Owner and Contractor. If thc Architcct rcndcrs a decision after arbitrateeaixgs -have been initiated, such decision may bc entered as evidence, bat shall not supersede arbitration proceedings unless the decision is acceptable to all panics concemcd. ' 44,1 Up n receipt f a Claim a ainst the C ntract r or at any time thcr after, the Architect r thc Owner may, but is n t obliaoted to, 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect, by or by mediation or by arbitration. 4.5 MEDIATION 4.5,1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5 shall, after initial decision by the Architect or 30 days after submission of AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • 1997 EDITION • ALA - COPYRIGHT 1997 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #16 k he Claim to the Architect, be subject to mediation a s ondition precedent to arbitration or the institution of legal or cquitabl roceedings by either party. I .5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall e in accordance with the Construction Industry Mediation Rules of thc American Arbitration Association currently in effect. - equest for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. ' Thu request may be made concurrently with thc filing of a demand for arbitration but. in such event, mediation shall proceed in advance of arbitration or lcoal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date 1 4.5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1 44,4 Any Claim arising out f r related t the C ntract, except Claims relating t aesthetic effect and xeept th se waived as 1 1 4.6 ARBITRATION 'with the provisions of Paragraph '1.5. ' and a copy shall be filed with thc Architect. a�z 1 to Paragraph 12.7. ' 4�4 4.6 Owner and Contractor hereby agree that no Claims or disputes between Owner and Contractor arising out of or relating to the Contract Documents or a breach thereof shall be decided by any arbitration proceeding including, without limitation. any proceeding ALA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #17 under the Federal Arbitration Act (9 U.S.C. Section 1 - 14) or any applicable state arbitration statute. except that in the event that Owner is subject to an arbitration proceedine related to the Project. Contractor consents to be joined in the arbitration proceedine if ' Contractor's presence is required or requested by Owner for complete relief to be accorded in the arbitration proceeding.. ARTICLE 5 SUBCONTRACTORS 1 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 I site or otherwise furnish labor or materials. 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 Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. I 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 or otherwise furnish labor or materials. 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 practicable after I award of the Contract, shall furnish in writing to the Owner through and the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, ' has reasonable objection to any such proposed person or entity. Failure f thc Owner r Archit ct t reply pr mptly shall c nctitutc notice of no reasonable objection. I 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable written objection to the Owner and the Architect. 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 r asonablc objection. If thc proposed but rejected Subcontractor was ' 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 substitute. 1 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appeepr+ate written agreement, written where legally required for validity, the Contractor shall require each Subcontractor, ' to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract 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 - subcontractors. The Contractor shall make available to each proposed 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 conditions of the proposed ALA DOCUMENT A201- GENERAL CONDmONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN NSTRTHTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 1(18 'subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. I 5.3.2 Any part of the Work performed for the Contractor by a Subcontractor shall be pursuant to a written subcontract between Contractor and such Subcontractor. Each such subcontract shall: (a) require that such Work be performed in accordance with the requirements of the Contract Documents: (b) waive all rights the contracting parties may waive aeainst one another or that the I Subcontractor may have aeainst the Owner for damages caused by fire or other perils covered by the property insurance reauired by the Contract Documents: (c) require the Subcontractor to carry and maintain liability insurance in accordance with the Contract Documents: and (d) require the Subcontractor to furnish such certificates and waivers as the Owner may reasonably request. 1 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 1 .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. ' 5.1.2 Up n such assignor nt, if the W rk has boon suspended for m rc than 30 days, the Subcontract is c mpensati n shall be quitably adjusted f r increase in cost resulting fr m the suspension. I 5.4.2 Owner shall only be responsible for compensating Subcontractors for work done or materials supplied accruing after the date that Owner gives written notice of its acceptance of the Subcontractor's subcontract. 1 ' . 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 portions of the Project or other construction or operations on the site ua4ee I make such claim as provided in Paragraph 1.3. 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner - Contractor ' Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the I Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules whoa directed to do so. The Contractor shall make any revisions to the construction schedule 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 Other until subsequently revised. 1 1 1 1 .1 assignment is effective only after terminate n f the C ntract by the Owner f r cause pursuant t Paragraph 14.2 and ettl-y for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and Arti le 6 and Articles 10, 11 and 12. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 41A DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION • AIA • COPYRIGHT 1997 - THE AMERICAN .NSTITUIE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #19 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractors construction 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 in writing apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 6,24 The-Owner r shall he reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the construction of a separate contractor. 6.2.3 Subject to Paragraph 8.3 hereof. costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible therefor. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2.5 as well as to property of any other er p SOR, 6.2.5 The Owner and oath separate c ntractor shall have the same responsibilitie for cutting and patching as arc describod for the Contractor in Subparagraph 3.11. 6.2.5 Claims and other disputes and matters in question between the Contractor and a separate contractor shall be subject to the provisions of Paragraph 4.4 provided the separate contractor has reciprocal obligations. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. 7.1 GENERAL ARTICLE 7 CHANGES IN THE WORK 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract only by Change Order, Construction Change Directive or field order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.1.1 A field directive or field order shall not be recognized as having any impact upon the Contract Sum or the Contract Time and Contractor shall have no Claim therefor unless it shall, prior to complying with same and in no event later than ten (101 working days from the date such direction or order was given, submit to Owner for Owner's approval its change proposal. 7.1.1.2 When submitting its chance proposal. Contractor shall include and set forth in clear and precise detail breakdowns of labor and materials for all trades involved and the estimated impact on the construction schedule. Contractor shall furnish spread sheets from which the breakdowns were prepared, plus spread sheets if requested of any Subcontractors. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN _ INSITITJTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page :20 1 7.1 2 A Change Order shall be based upon written 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 gene subject to written approval of Owner. 1 7 1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall ,.,oceed promptly, unless otherwise provided in Change Order, Construction Change Directive or order for a minor change in the Work. 1 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 change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the adjustment, if any, in the Contract Time. ' 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 1 1 7.23 If changes in plans or specifications are necessary after the performance of the Contract is begun or if it is necessary to decrease or increase the quantity of Work to be performed or of materials. equipment. or supplies to be furnished. the goveming body of the Owner may approve Change Orders making the changes. The original contract price may not be increased by Change Orders ' by more than 25 percent. No change in the Work. whether by way of alteration or addition to the Work, shall be the basis of an addition to the Contract Sum or a change in the Contract Time unless and until such alteration or addition has been authorized by a Change Order executed and issued in accordance with and in strict compliance with the requirements of 6252.048 Local Government Code. and the Contract Documents. This requirement is of the essence of the Contract Documents. Accordingly. no course of conduct I or dealings between the parties. nor express or implied acceptance of alterations or additions to the Work. and no claim that the Owner has been unjustly enriched by any alteration or addition to the Work, whether or not there is in fact any such unjust enrichment, shall be the basis for any claim to an increase in the Contract Sum or change in the Contract Time. 1 1 1 1 1 1 1 1 1 1 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on 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 additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. AIA DOCUMENT A201- GENERAL CONDmONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - A1A - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the dare of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 421 1 73.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect and Owner of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 1 '.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith. including djustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately I 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 Architect on the basis of reasonable expenditures and savings of those performing the I Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit not exceeding the percentages included in Paragraph 7.3.6.1 and otherwise herein. 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 actual costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 reasonable costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .2 reasonable costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 reasonable rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 reasonable costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and directly attributable to the Work; and .5 additional reasonable costs of supervision and field office personnel directly attributable to the change. '.3.6.1 Notwithstanding the foregoing. actual cost does not include any item which could be deemed to be a General Conditions cost or overhead. such as but not limited to. the cost of Contractor and Subcontractor supervisory personnel assigned to the Work. and field office and related expenses. 7.3.6.2 The Contractor. in connection with any proposal it makes for a Contract Modification. shall furnish a price breakdown itemized as required by the Owner or Architect. Unless otherwise directed. the breakdown shall be in sufficient detail to permit an analysis of all material. labor, equipment, subcontract and overhead costs as well as profit. and shall cover all work involved in the Modification, whether such work was deleted. added, or changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition. if the proposal includes a time extension. a justification therefor shall also be furnished. The proposal, together with the price breakdown and time extension justification. shall be furnished within thirty (30) days of the date first requested by the Architect. In such proposals, profit and overhead shall be as follows: (1) Subcontractor's profit and overhead shall not exceed fifteen percent (15 %) of total direct costs: (2) Contractor's profit and overhead on work performed by its own crews shall not exceed fifteen percent (15%) of total direct costs: (3) Contractor's profit and overhead on work performed by its subcontractors shall not exceed five percent (5%) of total direct costs: and (4) on credit changes. profit and overhead on the originally estimated work will not have to be returned to the Owner. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost to the Owner as confirmed by the Architect and Owner. 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. 7.3.8 Pending final determination of the total actual cost of a Construction Change Directive to the Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION • AIA • COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 422 ' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 14. .3.9 When the Owner and Contractor agree with the detarmination made by the Architect concerning the adjustments in tho ▪ Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments made, such agreement determination shall be ▪ effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4.1 The Architect will have authority, subject to the approval of Owner in each case 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 and language of the I Contract Documents. Such changes shall be effected by written field order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. 1 8.1 DEFINITIONS • ▪ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. I 8.1.2 The date of commencement of the Work is the date established in the Agreement. I 8.1.2.1 The date of commencement of the Work shall not be postponed by the failure to act of the Contractor or of persons or entities for which the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date certified by the Architect and approved by the Owner in accordance with ' aragraph 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 are of the essence of the Contract. By executing the Agreement the Contractor 1 confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. 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 the Contract Documents or 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. 1 1 ARTICLE 8 TIME 7.4 MINOR CHANGES IN THE WORK 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract ' Time. 8.3 'DELAYS AND EXTENSIONS OF TIME ' 8.3.1 If the Contractor is delayed at any time in the commencement or 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 1 1 1 AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN NSTTTUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #23 ' labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control and fault, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Archit ct determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may determine. I 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. ' &= s This Paragraph S. does not preclude recovery of damage.; for delay by either party under other provisions of the C nrract Documents. 8.3.4 If Contractor fails to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for I Substantial Completion in the Agreement. Contractor shall pay to Owner. as liquidated damages, the sum of One Thousand and No /100 Dollars ($1.000.00) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion, due to failure of Contractor to have achieved Substantial Completion in accordance with the Contract Documents, It is hereby agreed that I the liquidated damaees to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure. which includes loss of I expected use of the Project areas, provision of alternative storage facilities and rescheduling of movine and occupancy dates is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, the harm that would be caused to Owner cannot be reasonably forecast because it would include business disruption to Owner in addition to loss of expected I use of the Project areas, provision of alternative storage facilities and rescheduling of movine and occupancy dates. Thus. the liquidated damages set forth herein and above will cease to be assessed under the Contract Documents after thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, and Owner shall thereafter rely on its remedies under the Contract Documents and at law and in equity. including without limitation. the recovery of actual damages. The date(s) specified for Substantial Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 1 9.1 CONTRACT SUM ' 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 1 1 1 1 1 1 1 1 1 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 supported by such data to substantiate its accuracy as the Architect and Owner may require. This schedule, unless objected to by the Architect and Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 a 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 in the Contract Documents. Each month the Contractor shall submit four (4) notarized. completed copies of AIA Document G702, Application and Certificate for Payment and AIA Document G702A, Continuation Sheet, supported by lien waivers from Contractor and all Subcontractors, laborers and materialmen for Work done. Provided that an Application for Payment is received by the Architect and Owner, and Architect issues a Certificate of Payment not later than the tenth (10th) day of a month. the Owner shall make payment to the Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by the Architect and AIA DOCUMEN A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #24 'Owner after the application date fixed above. payment shall be made by the Owner not later than one month after the Architect issues a Certificate of Payment. The Architect shall not certify anv payment based thereon if objected to by the Owner. for good cause shown. 1 9.3.1.1 As provided in Subparagraph 7.3.8, such applications may include requests for payment on account of changes in the Work rich have been properly authorized ,00lorleel-jatr-Qrartee-Qr-glor-sr ' 9.3.12 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. 1 9.3.2 Unless otherwise provided in the Contract Documents, p Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation 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 I 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 the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. I 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 on the earlier of incorporation into the Work or upon payment. The Contractor further warrants that upon submittal of an I Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, - - _ , ' be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. 1 ▪ 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a ▪ Certificate for Payment, with a copy to the Contractor, 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 I 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 evaluation of the Work and observations at the Site and the data comprising the Application for Payment, that the Work I has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to on evaluation of the Work for gertance - - • • • • - • - _ - -_ 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 Payment will not be a representation that the Architect has (1) made exhaustive of 1 1 1 1 1 1 1 9.4 CERTIFICATES FOR PAYMENT made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.4.3 In addition to and not in derogation of the provisions of Subparagraph 9.4.2, the issuance of a Certificate for Payment shall constitute a recommendation to Owner by Architect in respect to the amounts to be paid to Contractor. Such recommendation shall be non - binding on Owner. and Owner shall be entitled to refuse to make payment on any Certificate of Payment as provided in Subparagraph 9.6.1 hereof. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect 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 AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201.1997 User Document A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 425 1 1 1 1 1 1 1 1 1 1 1 1 1 � s unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in ubparagraph 9.4. I. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate i or Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also •jthhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate r Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which " . because of: .1 defective Work not remedied; 2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed 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 completed within the Contract Time, aad or 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. I 9.53 If Contractor disputes any determination by the Architect with regard to all or any part of a Certificate of Payment which disputed amount is 550.000.00 or less. Contractor shall nevertheless expeditiously continue to prosecute the Work, If the disputed amount is more than 550.000.00, Contractor may stop work until the dispute is resolved. If the Architect declines to certify payment and withholds its Certificate for any reason, the Architect will promptly notify the Owner in writing of such reasons therefor. If the I owner fails to perform anv of its obligations to its construction lender which results in such lender's failure or refusal to fund any Application for Payment of more than 550.000.00. the Contractor may stop work until such Application for Payment is funded. 1 9.5.4 Owner shall not be deemed to be in breach of these Contract Documents by reason of the withholding of any payment pursuant to any provision of the Contract Documents, provided the Architect has approved the Owner's actions or the work in question shall have been rejected by any aovemmental authority. 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. 9.6.1.1 Notwithstanding the foregoing, the Owner may refuse to make payment on anv Certificate for Payment (including without limitation. the final Certificate for Payment) for any default under the Contract Documents. including but not limited to those defaults set forth in Sections 9.5.1.1. through 9.5.1.7 hereof. The Owner shall not be deemed in default by reason of withholding payment while any of such defaults remain uncured. 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 portion 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 a similar manner. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 426 1 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. 1 ^ 6.4 Neither the Owner nor Architect shall have an oblisation to pay or to see to the payment of money to a Subcontractor except may otherwise be required by law. 1 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not ' constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received ' by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with I money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. 9.7 FAILURE OF PAYMENT 1 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 I in the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall 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, plus interest as provided for in the Contract Documents. • 9.7.1.1 Notwithstanding the foreeoine. no sum shall be added as a result of a bona fide dispute between Owner and Contractor: provided. however, if such dispute is resolved in Contractor's favor. the Contract Sum shall be increased as provided in the preceding ' araaraph. 9.8 SUBSTANTIAL COMPLETION I 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 1 9.8.1.1 The Work will not be considered suitable for Substantial Completion review until all Project systems included in the Work are operational as designed and scheduled. all designated or required governmental inspections and certifications have been made and posted designated instruction of Owner's personnel in the operation of systems has been completed, and all final finishes within the Contract Documents are in place. in general. the only remaining Work shall be minor in nature, so that the Owner and/or Owner's tenants could occupy the Project on that date and the completion of the Work by the Contractor would not materially interfere with or hamper the Owner or Owners tenants' (or those claiming by. through or under Owner) normal business operations. As a further condition of Substantial Completion acceptance. the Contractor shall certify that all remaining Work, the same being solely of a "punchlist' nature, will be completed within thirty (30) consecutive calendar days or as agreed upon following the Date of Substantial Completion ( "Final Completion "). Notwithstanding the foregoing, the Owner may refuse to make payment on any Certificate of Substantial Comjtletion or any Certificate of Payment (including without limitation, the final Certificate of Payment) for any default ' of the Contractor. The Owner shall not be deemed in default by reason of withholding payment while any of such defaults remain uncured. 9.8.2 When the Contractor considers that the Work, or a portion 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 ps4ee 1 1 1 1 1 1 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. ALA DOCUMENT A20I-GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201-1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 1127 1 to final payment. 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 Documents. The Contractor shall proceed promptly to complete and correct items on such list. • ▪ ° 8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated union thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's f list. which is not cicntly complete in accordance with the requirements of the Contract Documents to that the Owner can occupy cuffi or utilize the Work or dcsiznatcd portion thereof for its intended ace, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit E a request for another inspection by the Architect to determine Substantial Completion. ▪ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion for approval by Owner which shall establish the date of Substantial Completion, shall establish responsibilities of the I 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 Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate I of Substantial Completion. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment 1 of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 1 9.9 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion i 1 Clauze 11A.1.5 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 tho The Owner and Contractor havo accepted shall aeree to a desienation in writing of the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, 1 tilities, damage to the Work and insurance, and have shall auree mead in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Convent o f the C 1 1 1 1 1 1 1 1 1 PARTIAL OCCUPANCY OR USE 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 in writine, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance 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 acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with teens and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the 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. AlA DOCUMENT A201-GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 • THE AMERICAN TNSTTTUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D,C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below, Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #28 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect and Owner (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 evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the ]weer, (3) a written statement satisfactory to Owner that the that the Contractor knows of no substantial reason that the insurance will I not be renewable to cover the period 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 Subcontractor refuses to famish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory I 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 attomeys' fees. 9.10.3 If, after Substantial Completion of the Work, final completion 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 I of the Work fully completed and accepted, less five percent (5 %) retainage. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the I 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. 1 1 9.10.1 The making, of final payment shall constitute a waiver of Claims by the Owner except tho..e arisin from: 4 liens, Claims, security interests or encumbrances arising out f the Contract and unsettled; failure of the Work to comply with the requirements of the Contract Documents; or terms of special warranties required by the Contract Documents. ' 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor 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. 1 1 1 1 1 1 1 1 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.2 SAFETY OF PERSONS AND PROPERTY ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.2.1 The Contractor shall take reasonable all necessary precautions for safety of, and shall provide reasonable all necessary protection to prevent damage, injury or loss to: .1 employees all persons on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors; and AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page ■29 1 .3 other property at the site or adjacent thereto, such as trees. shrubs, lawns, walks, pavements, roadways. structures and utilities not designated for removal, relocation or replacement in the course of construction. 1 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public ithorities 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, r o lonablc all necessary 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. 1 102.4 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. 1 10 2.5 The Contractor, at its sole cost and expense shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone I 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 er-by The foregoing 1 1 1 1 1 1 1 1 1 1 1 I obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 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 HAZARDOUS MATERIALS 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material r substance, including but not limited to asbestos or polychlorinated biphenyl (PCB) or any other hazardous material, encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. 10.3.1.1 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 polychlorinated biphenyl (PCB) or when it has been rendered harmless. onlv upon written direction by Owner. The term "hazardous material or substance" shall be defined as any toxic or hazardous material as described in the Comprehensive Environmental Response. Compensation. and Liability Act of 1980. with all amendments and revisions thereto. 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and till) When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional COSTS of shut -down, delay and start-up, which adjustments shall be accomplished as provided in Article 7. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyrieht laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201-1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page g30 4-0-34. Archit'ct's consultants and agents and empl y cs of any of them from and a claims, dama ^es, lo sacs and expenses, including but not limited to att meys' fees, arising out f or resulting from performance of the Work in thc affected arm if in fact thc material ' or, ubstanec presents the risk of bodily injury or death as described in Subparagraph 10.=_1 and has not been rendered harmleaa, dcstructi n f tangible pr petty ( ther than th W rls itself) and pr vidod that such damage, 1 z r cxpencc •'••° thn soIn eegligonce of a party seeking indemnity. 10.4 The Owner shall not be responsible under Paragraph 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.6 EMERGENCIES 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion take all reasonable and necessary actions to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 BELOW (PARAGRAPH 11.1 THROUGH PARAGRAPH 11.5.2) IS DELETED TN ITS ENTIRETY AND IS REPLACED BY EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE FOR ALL PURPOSES. ARTICLE 11 11 AND BONDS -1-14- CONTRACTOR'S LIABILITY INSURANCE 11.1.1 in in a company or companies lawfully authorized t d businez in the operations be by thc Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for avhoso acts any of them may be liable: 1 claims under w rkers' c mpensati n, disability benefit r tiler similar cmpl ycc bcncfrt acts which arc applicable to the Work to be performed; 3 claims f r damages because f b dily injury, occupational sicknez r disease, r death f thc Contract r'c employees; claims f r damages because of b dily injury, sickness or die ase, or death f any person other than the r ntract r'° employees; 4 4 claims for damages insured by usual personal injury liability coverage; If, because of injury t r dectructi n f tangible pr pert•, including loss of use resulting therefrom; 4 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; AIA DOCUMENT A201- GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #31 1 11.1.2 The insurance rcquircd by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in thc C ntract Documents or rcquircd by law, whichever coverace is ;reatcr. Coverages, whether written on an occurrence or clnirns made basis, 1 11,1.2 Certificates of insurance acceptable t the wner shall be filed with the Owner prior to commencement of the Work. These ntif°es and the insurance policies required b; this Paragraph 11.1 shall c main a provision that c vera =es afforded under the ' policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been giv n •he ^•• n9 rc the foregoing insurance coverages are required to remain in force after final payment and are r asonably available. an additional 1 and belief. 1 OWNNERLS t I n ns TTY INSURANCE 11.2.1 The Owner s4l4-he responsible for purchasing and maintaining the Owner's usual liability insurance. ' 4-14 PROJECT MANAGEMENT PRATE 11.3.1 Opti nally, the wncr -may require the C ntract r t purchase and maintain Pr jcct Management Protective Liability in urancc I from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for .therwise required by the Contract Documents, the Owner shall reimburse the C ntract r by increx:ng the Cent. ^ ^t Sum to p -y t "e s ^st e° pu ^1 's ng a ^d r' i ^ta°^ing 'iocb ept e^at 'ns•• -arc^ ^e°e -agc, a ^d the Clauses 11.1.1.2 through 11.1.1.5. ' 11.2.2 To the extent damages arc covered by Project Mana cmcnt Protcctivc Liability insurance, the Owner, Contractor and Architect shall provide f r such waivers f subr g ati g n by endorsement r thcnvise. 112.3 The Owner shall net require the Contractor to include the Owner, Architect or other persons or entities as additional insureds n thc C ntract is Liobility Insurance c veragc under Paragraph 11.1. 1-1,4 PROPERTY INSURANCE 1 1 1 1 1 1 1 form in the amount e -the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprisin total value for thc entire Project at the site on a replacement cost basis without optional deductibles. agreed in writing b} ALA DOCUMENT A201- GENERAL. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION • AIA • COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 — Page #32 1 AfsN+trcrs- el- Geetracoer's services and expenses required as a result f ch ine —. °a 11.1.1.2 If thc Owncr does not intend to purchase such property insurance required by the Contract and with all of thc coverages in 1 1 1 1 1 11.1.2 Boiler and Machinery Insurance. The Owncr shall purchase and maintain b ilcr and machinery insurance r quircd by tk C ntract D currents r by law, which shall specifically c ver such insured bjccts during installati n and until fin 1 acceptance by I the Owner; this insurance shall include interests of tho Owner, C ntractor, Subcontractors and Sub subcontractors in the Work, and the Owner and C ntractor shall be named insureds. ' 11.4.3 Owncr a 1 se of use of tho O 'tees p-^p^-t a •9 to fire or ot r a d lie , e.'c ^a••:rd. T' c 9 vaiveu a lt right: ^f _ .:^_ 1 1 1 1 1 1 1 1 1 1 1 f the Owncr to purchase or maintain insurancc ac dcscribcd abovc, with ut so notifying thc Contract r in writing, then the Owner shall boar all r asoeablc cost: properly attributable thereto. 11.1.13 If thc property insurance requires deductibles, the Owner sh 11.1.1.1 This property insurancc shall cover portions of the Work storcd ff thc site, and als portions of thc Work in transit. 11.1.1.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company' or companies C ntract r shall talc r as noble steps t obtain c nscnt f thc insurancc c mpany or e mpanics and shall, without mutual written soused, 11.1.1 If the Conn requests in writing that insurancc for risks other than those described heroin or other special causes of loss be included in tho pr pony insurance policy, the Owner shall, if possible, include such insurance, and the c st thcroof shall be charged o thc Contractor by appropriate Change Ordcr. 11.1.5 If during the Project construction period the Ownor insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring thc Pr joct, or if after final payment property insurance is to be provided on the c mplctcd Pr jcct through a policy or p licies othcr than th se insuring the Pr ject during thc c nstruction peri d, the Owner shall waive all rights in ncc rdancc with thc terms f Subparagraph 11.1.7 f r damages caused by fire r othcr causes of I ss c vorod by this ,,oparate property insurance. All separate policios shall provide this waiver of subrogation by endorsement or otherwise. 11.1.6 More an exposure to loss may occur, the Owner shall file with the Contractor a copy of each p ^licy that includes insaronco coverages required by this Paragraph 11.1. Each policy shall contain all acncrally applicable conditions, dcfinitions, exclusions and endorsements related to this Project. Each policy shall s ntain a provision that the policy will not be cancolod or allowed to expire, d, until- at loast 30 days' prior written notico has been given t thc Contractor. sub subcont agents and omployo s, oath f the thor, and (2) thc Architect, Architect's consultants, soparate contractor doscribed it},4tticle 6, if any, and any of thoir sub: ntractors, sub subcontract rs, agents and employees, f r damages taus d by firo • is and employoes of any of thorn, by appropriate a,,roemonts, written where legally premium directly or AIA DOCUMENT A201- GENERAL CONDITIONS OF THE COMRACI' FOR CONSTRUCI1ON - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 633 11.1.8 A lose insured under Owner's property insurance shall bc adjusted by the Owner as fiduciary and made payable to thc Owner as fiduciary f r the insureds. as their interests may appear, subject t requirements f any applicable m rte gec clause and f and by appr priato agrocments, written where legally required for validity, shall requir Subc ntract rs t make payments t their Sub subcontractors in similar manner. t _ ' ".n If required in writing b^ a party in intorect, the Owner as fiduciary shall, upon occurrence of an insured to ^s, give bond for 'Amer shall dep sit in a separate acc unt pr seeds s received, which the Owner shall distribute in acc rdance with such agreement as thc parties in interest may reach, or in accordance with an arbitration award in which case thc procedure shall bc as provided in Paragraph 1.6. If after such loss no other special agreement is made and unloas the Owner terminates the Contract for con' enience, replacement of damaged property shall b performed by the Contractor after notification of a Change in thc Work in accordance with Article 7. 11.1.10 The Own r as fiduciary shall have p wer t adjust and ^attic a loss with insurers unless one of tho parties in intorost shall bjoct in writing within five days after occurrence of loss to the Owner's exorcise of this power; if such objection is made, thc dispute will direct such distribution. 4-1-4 PERFORMANCE BQNB AND PAYMENT BOND 11.5.1 Tho Owner shall have the right to require thc Contractor to furnish bonds covering faithful pe rformance of the Contract and payment of obli_ations arising therottadcr as stipulat d in bidding requirements or specifically required in the Contract D cumcnts on the date of execution of thc Contract. 11.5 .2 Upon the r quest f any person r entity appearing t be a p t ntial beneficiary of bonds covering payment of bligation" arising undor tho Contract, th Contractor shall promptly furnish a copy of tho bonds or shall permit a copy to bo mado. 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's or Owner's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect or Owner be uncovered for the Architect's or Owner's examination and be replaced at the Contractor's expense without change in the Contract Time or Contract Sum. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine 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 laccmcet shall, by appropriate Change Order, b.. at thc Own is xpensc. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense 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 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or Owner or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or MA DOCUMENT A201- GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #34 ' completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's and Owner's services and expenses made necessary thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION 2.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5, if, within one year after the date of Substantial Completion I of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 9.9. 1, or by terms of an applicable special warranty required by the Contract Documents. any of the Work is found to be Fret-in. defective or otherwise 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 the Owncr fails to notify the Contractor and oivc the Contractor an opportunity to malts the correction. the Owner waivcs the rights If the Contractor fails to correct defective or II ▪ Owner nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with correction of such defective or otherwise nonconforming Work within a reasonable time fixed by written notice from the Architect. the Owner may remove it and I store the materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storaee within ten (10) days after written notice. the Owner may sell such materials and equipment at auction or at private sale and shall account for the net proceeds thereof. after deductive costs and damages that should have been borne by the Contractor including compensation for the Architects' services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor I 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. ▪ 12.2.2.2 The one -year period for correction of Work shall be extended with respect to portions of Work first performed after ▪ Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. 122.2.3 The one -year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph 12.2. 12.2.3 The Contractor shall remove from the site portions of the Work which are defective or otherwise not in accordance with the ' equirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused in whole or in part by the Contractor's correction or removal of Work which is defective or otherwise not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one -year period for correction of Work 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 obligation 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 Contractor's obligations other than specifically to correct the Work. 122.5.1 The corrective remedies set forth in Paragraph 12.2 are not exclusive and shall not deprive the Owner of any action. right or remedy otherwise available to it for breach of any of the provisions of the Contract Documents. 1 1 1 1 1 I 12.3.1 If the Owner prefers to accept Work which is defective or otherwise not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, 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. 1 1 1 12.3 ACCEPTANCE OF NONCONFORMING WORK AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006.5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date of expiration as noted below, Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. A1A License Number 111808, which expires on 2/28/2000 -- Page #35 1 1 3.1 GOVERNING LAW 1 13.1.1 The Contract shall be govemed by the lay of thc place whcrc thc Projcct is located. laws of Texas. and venue shall lie in Williamson County. Texas. t 132 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives 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 Contract Documents. Except as provided in Subparagraph 12. 22, neither party to the Contract shall ▪ consent, that party shall nevertheless remain legally rcsp asible f r all obligati ns and r the C ntract. Contractor may not assign its ▪ rights under the Contract Documents or assign any riehts to any monies due or to become due. Any entity which shall succeed to the rights of Owner shall be entitled to enforce the riehts of Owner hereunder. Any assignment by Contractor without prior written consent ' from Owner shall be void. 13.2.2 The Owner may, without consent f thc Contract r, assign the Contract t an institutional londor pr vidieg c nstruction 1 1 1 1 1 1 1 1 1 1 1 1 13.3 WRITTEN NOTICE ARTICLE 13 MISCELLANEOUS PROVISIONS 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 delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4.1 Duties and obligations imposed by the Contract Documents 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. 13.4.3 The invalidity of any part or provision of the Contract Documents shall not impair or affect in any manner whatsoever the validity, enforceability or effect of the remainder of the Contract Documents. 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, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing 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 and Owner timely written notice of when and where tests and inspections are to be made so that the Architect andOwner may be present for such procedures. The Owner shall b ar c cts of tests, inspccti as r approvals which d AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #36 1 13.5.2 If the Architect. Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 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 1 Contractor shall give timely written notice to the Architect and Owner of when and where tests and inspections are to be made so that •he Architect may be present for such procedures. Such costs, except as provided in Subparagraph 13.5.3, shall be at the Owner's .pense. 1 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, or reveal faulty or otherwise defective Work. all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses 'shall be at the Contractor's expense. 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 I promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Contract 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 Documents shall bear interest from the date payment is due at such rate as the I parties may agree upon in writing or, in the absonc thoro f, at the legal rate prevailing from time t timc at the place v'her the sat d No interest shall be due on sums properly retained by Owner. 13'; COMM.E*'CEMENT OF STATUTOIbY LIMITATION PERIOD 13.7.1 As bets-con the Owner and Contractor: 1 1 1 1 1 1 1 1 1 d °m°a t.. ho'.' acorn 4 in any and all vents n t later than such date f Substantial C mpl ti R. Between Substantial Completion and Final Certitieatc for Payment. As t acts r failures to act oecurrin 13.7 COSTS AND ATTORNEYS FEES 13.7.1 If anv action at law or in equity is necessary to enforce or interpret the terms of the Contract Documents. the prevailing party shall be entitled to reasonable attorney's fees. costs, and necessary disbursements in addition to anv relief to which it may be entitled. ALA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE NW., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #37 1 13.8 CONTRACTOR'S RECORDS 13.8.1 Conn agrees to furnish Owner such information as may be available in Contractor's files and records for the Project for 'the purpose of aiding Owner in establishine a depreciation schedule for the Project or such portions thereof as Owner may determine. ,.9 MECHANICS' AND MATERIALMEN'S LIENS 1 13.9.1 Contractor shall save and keep Owner. Owner's loan proceeds and Owner's property free from all mechanics' and materialmen's liens and all other liens and claims. legal or equitable. arising out of Contractor's Work hereunder. In the event any such lien or claim is filed by anyone claiming by. through or under Contractor. Contractor shall remove and discharge same within 'ten (10) days of the filing thereof. 13.9.2 Contractor shall and hereby does subordinate any and all liens. rights and interest (whether choate or inchoate and including I without limitation, all mechanics' and materialmen's liens under the applicable laws of the State of Texas. whether contractual. statutory or constitutional) owned, claimed or held. or to be owned. claimed or held by Contractor in and to any part of the Work or the property on which the Work is performed. to the liens securing payments of sums now or hereafter borrowed by Owner in I connection with the development. design and/or construction of the Project and to all liens. rights and interests of any long -term ground lessee of the Project. Contractor shall execute such further and additional evidence of the subordination of liens. rights and interests as Owner. Owner's interim or permanent lenders. or any lone -term ground lessee may require. The subordination of liens is made in consideration of and as an inducement to the execution and delivery of the Contract Documents, and shall be applicable despite any ' dispute between the parties hereto or any others. or any default by Owner under the Contract Documents or otherwise. 13.9.3 Contractor shall include in every subcontract relating to the Work to which it is a party and in each and every lower tier I subcontract provisions (1) that the person or entity doing Work. performing labor or furnishine materials pursuant to each subcontract agrees to subordinate any mechanics' or materialmen's lien or any other claim against any part of the Work or the property on which the Work is performed or materials famished under the Contract Documents or such subcontract. to the liens securing payment of sums now or hereafter borrowed by Owner in connection with the development, design and/or construction of the Project and to all liens. I rights and interests of any long -term ground lessee of the Project. (2) that the required subordinations are made in consideration of and as an inducement to the execution and delivery of the Contract Documents and the subcontract in which it appears. and shall be applicable despite any dispute between or among Owner. Contractor or any Subcontractor or any default by Owner, Contractor or any - ubcontractor under the Contract Documents or any other subcontract or agreement and (3) that Owner, Owner's interim and permanent lenders and any Iona -term ground lessee are express third -party beneficiaries who have supplied consideration for such subordinations. 1 1 1 1 1 1 1 1 14.1 TERMINATION BY THE CONTRACTOR ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT s 4 required by Subparagraph 2.2.1. AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This doctnnent was electronically produced with permission of the AIA and can be reproduced without violation until the dare of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 638 11.12 or their agents or employees or am• other persons or entiticc performing portions of the Work under diroct or indirect contract with I a In the ag_re tc m rc than 100 percent f thc total number of days scheduled for completion, or 120 days in an) 365 day period, whichever is less. I 11.1.2 If one of the reasons described in Subparagraph 11.1.1 or 11.12 exists, the Contractor may, upon seven days' written notiee t th Owner and Architect. terminate the Contract and recover from the Owncr payment for 1Vorls executed and for proven loss with 1 11 . 1 .1 their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner 1 1 1 1 1 1 1 1 ' and recover from thc Owner as provided in Subparagraph 11.1.. I 14.1.1 The Contractor may terminate the Contract Documents in the manner provided in Paragraph 14.12 if repeated suspensions delays or interruptions by the Owner constitute in the aggregate more than one hundred percent (100 %) of the total number of days scheduled for completion. or one hundred twenty (120) days in any 365 -day period, whichever is Tess or if all the Work is entirely stopped for a continuous period of sixty (60) days for any of the following reasons through no act or fault of the Contractor or a I Subcontractor. Sub - subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor: (1) issuance of an order of a court or other public authority having jurisdiction: (2) an act of government, such as a declaration of national emergency. making material unavailable: or (3) because the Architect has not issued a Certificate for ' Payment and has not notified the Contractor of the reason for withholding certification or because the Owner has not made payment on a Certificate of Payment (without cause) within the time stated in the Contract Documents. 14.1.2 If one of the above reasons exists. the Contractor may, upon fourteen (14) days' written notice to the Owner and Architect, • terminate the Contract Documents. unless such reason is cured prior to the expiration of the notice period, and Owner shall incur no liability to Contractor by reason of such termination. except that Contractor shall be entitled to recover from the Owner payment for Work properly executed in accordance with the Contract Documents prior to the effective date of termination (the basis for such ▪ payment shall be as provided in the Contract Documents) and for payment for costs directly related to Work theretofore and thereafter ▪ performed by Contractor in terminating such Work including reasonable demobilization and cancellation charges provided such Work is authorized in advance by Architect and Owner. 14.1.3 The Owner shall not be responsible for damages for loss of anticipated profits on Work not performed on account of any termination described in Paragraphs 14.1.1 and 14.1.2. 14.1.4 Notwithstanding anything herein to the contrary, the Contractor's right to terminate the Contract Documents shall always be subject and subordinate to the right of any lender on the Project to assume the position of Owner under the Contract Documents. 1 -1-4 -3 TERMINATION BY THIE OWNER FOR CAUSE 11 2.1 The Owncr may terminate the Contract if the Contractor: 4 ALA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1991 EDITION • AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #39 1 1 1 1 1 1 1 .1134 r. upon certification by the A t ^urf_,ert c° e' to j^srf, r if any seven days written n ticc, terminate cmpl yment of thc Contractor and may, subject to any prior rights of thc surety: 4 owned by the Contractor; the Owner shall furnish to thc Contractor a detailed acc unting of the costs incurred b; thc toner in finishing the Work. entitled to receive further payment until thc Work is finished. 1 11 2.4 If the unpaid balance f the C ntract Sum exceeds c cts f finishing the Work, including c mpensati n f r thc Architect'^ 1 14.2 TERMINATION BY THE OWNER 1 14.2.1 The Owner may terminate the Contract Documents if the Contractor: (1) refuses or fails to supply sufficient skilled workers or suitable materials or equipment to complete the Work in a diligent, efficient. timely, workmanlike. skillful and careful manner (2) I fails to make prompt payments to Subcontractors for labor. materials and /or equipment in accordance with the respective agreements between the Contractor and the Subcontractors: (3) disregards laws. ordinances. rules. regulations or orders of a public authority having jurisdiction: (4) disregards the instruction of Architect or Owner (when such instructions are based on the requirements of the Contract Documents): (5) files or records or allows anyone claiming by. through or under Contractor to file or record a lien or other claim gainst Owner, Owner's loan proceeds or Owner's property without removing and discharging same as required under the Contract Documents: or (6) otherwise does not fully comply with the Contract Documents. I 14.2.2 When any of the above reasons exists. the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety. if any. seven (7) days' written notice (except in cases of emergency as reasonably determined by the Owner). terminate the services of the Contractor and may: (1) take possession of the site and Project and of all materials. equipment. tools and construction equipment and machinery thereon owned. rented or leased by the Contractor; I and (2) finish the Work by whatever method the Owner may deem expedient. 142.3 When the Owner terminates the Contract Documents for one of the reasons stated in Paragraph 14.2.1. the Contractor shall 1 not be entitled to receive further payment until the Work is finished. 142.4 To the extent the costs of completing Work. including compensation for additional professional services and expenses. exceed I those costs which would have been payable to Contractor to complete the Work except for Contractor's default, Contractor will pay the difference to Owner. and this obligation for payment shall survive termination of the Contract Documents. Such costs incurred by Owner will be determined by the Owner and confirmed by the Architect. I 14.2.5 It is recognized that (1) if an order for relief is entered on behalf of Contractor pursuant to Title 11 of the United States Code. (2) if any other similar order is entered under any other debtor relief' laws. (3) if Contractor makes a general assignment for the benefit of its creditors. (4) if a receiver is appointed on account of its insolvency. any such event could impair or frustrate Contractor's I performance of the Contract Documents. Accordingly. it is agreed that upon the occurrence of any such event, Owner shall be entitled to request of Contractor or its successor in interest adequate assurance of future performance in accordance with the terms and conditions of the Contract Documents. Failure to comply with such request within ten (10) days of delivery of the request shall entitle AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #40 ' Owner to terminate the Contract Documents and to the accompanying rights set forth above in Paragraphs 14.2.1 through 14.2.4 hereof. In all events pending receipt of adequate assurance of performance and actual performance in accordance therewith. Owner shall be entitled to proceed with the Work with its own forces or with other contractors on a time and material or other appropriate basis. the 'cost of which will be backchareed against the Contract Sum. 4.2.6 In addition to Owner's right to remove Contractor from any part of the Work pursuant to the Contract Documents. Owner I may. at any time. at will and without cause. terminate any part of the Work or any subcontract or all remaining Work for any reason whatsoever by giving seven (7) days' prior written notice to Contractor specifying the Work or subcontract to be terminated and the effective date of termination. Contractor shall continue to prosecute the part of the Work or the Work not terminated. If the Work or any subcontract is so terminated. Owner shall incur no liability to Contractor by reason of such termination. except that Contractor ' shall be entitled to payment; for Work done and properly executed in accordance with the Contract Documents prior to the effective date of termination. (the basis for such payment shall be as provided in the Contract Documents) and for costs directly related to Work theretofore and thereafter performed by Contractor in terminating such Work or subcontract including reasonable demobilization and I cancellation charges provided said Work is authorized in advance by Architect and Owner. No payment shall be made by Owner. however, to the extent that such Work or subcontract is. was or could have been terminated under the Contract Documents or an equitable adjustment is made or denied under another provision of the Contract Documents. In case of such termination. Owner will issue a Construction Change Directive or authorize a Change Order in making any required adjustment to the date of Substantial I Completion and/or the Contract Sum. For the part of the Work terminated. the applicable provisions of the Contract Documents shall continue in full force and effect as to all Work performed prior to the effective date of termination. For the remainder of the Work, the Contract Documents shall remain in full force and effect, I 142.7 The Owner shall not be responsible for damages for loss of anticipated profits on Work not performed on account of any termination described in Paragraph 14.2.6. ' 14.2.8 Upon a determination by a court of competent jurisdiction that termination of Contractor pursuant to the Contract Documents was w rongful, such termination will be deemed converted to a termination for convenience. and Contractor's remedy for wrongful termination shall be limited to the recovery of the payments permitted for termination for convenience as set forth herein. 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 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or I interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: 1 1 1 1 1 1 1 1 1 1 1 that performance is, was or would have been so suspended, 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 the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14 4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page 941 3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. ▪ 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work ▪ executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. OWNER: CITY OF ROUND ROCK, TEXAS CONTRACTOR: 1 By By: Charles Culpepper, Mayor Its Dated: Dated: 1 1 1 1 1 1 1 1 1 1 1 AIA DOCUMENT A201- GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - ALA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright _ laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation ' until the date of expiration as noted below. Electronic Format A201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #42 1 ADDENDUM TO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AND ADDENDUM TO GENERAL CONDITIONS THIS ADDENDUM TO STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AND DDENDUM TO GENERAL CONDITIONS ( "Addendum ") shalt (i) amend certain provisions of the Standard Form of Agreement I between Owner and Contractor to which this Addendum is affixed (the "Standard Form "), and (ii) amend, supplement, modify, delete and replace by substitution the indicated provisions of the General Conditions. If the numerical section referenced below is not one contained in the General Conditions, then such text shall be added as a new section. If the numerical section referenced below is one for which there is a counterpart section referenced in the Genera] Conditions, then the referenced text shall be deemed added to the ' referenced section in the General Conditions, unless otherwise indicated below. Wherever the terms hereof are inconsistent with the General Conditions, the terms hereof shall be controlling. 1 I ARTICLE 11 11.1.1 1 1 1 1.2 ' 11.2.1 1 ' 11.2.2 1 1 1 1 1 INSURANCE Contractor shall, at its sole expense, maintain in effect at all times during the full term of its Work under the Contract Documents and as otherwise required under the Contract Documents, insurance coverages with limits not less than those set forth below in the Schedule of Insurance Coverages with insurers licensed to do business in the State of Texas and acceptable to Owner and under forms of policies satisfactory to Owner. None of the requirements contained herein as to types, limits or Owner's approval of insurance coverage to be maintained by Contractor is intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Contractor under the Contract Documents or otherwise provided by law. In the event of any failure by Contractor to comply with the provisions of this Article 11, Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to Contractor, purchase such insurance, at Contractor's expense, provided that Owner shall have no obligation to do so and if Owner shall do so, Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. SCHEDULE OF INSURANCE COVERAGES. Coverage Minimum Amounts and Limits Worker's Compensation Worker's Compensation Statutory Limits Employer's Liability $500,000 The policy shall include a Waiver of Subrogation in favor of the Indemnitees (as defined in the Contract Documents). Commercial General Liability Bodily Injury/ Property Damage (Occurrence Basis) ADDENDUM TO STANDARD FORM OF AGREEMENT $1,000,000 each occurrence, or equivalent, subject to a $1,000,000 aggregate applicable to the Project This policy shall be on a form acceptable to Owner, endorsed to include the Indemnitees as additional insureds, contain cross - liability and severability of interest endorsements, state that this insurance is primary insurance as regards any other insurance carried by the Indemnitees, and shall include the following coverages: .1 Premises /Operations. .2 Independent Contractors. .3 Completed Operations for a period of two (2) years following the acceptance of Contractor's Work. .4 Broad Form Contractual Liability specifically in support of, but not limited to, the Indemnity sections of the contract. 43 .5 Broad Form Property Damage. .6 Personal Injury Liability with employee and contractual exclusions removed. .7 Delete Exclusions relative to Collapse, Explosion and Underground Property Damage Hazards. 11.2.3 Comprehensive Automobile Liability ' 1 Bodily Injury $250,000 per person $500.000 per occurrence .2 Property Damage 6100,000 per occurrence, ' V or equivalent This policy shall be on a standard form written to cover all owned, hired and non -owned automobiles. The policy shall be endorsed to include the Indemnitees as additional insureds, contain cross - liability and severability of interest endorsements, and state that this insurance is primary insurance as regards any other insurance carried by the Indemnitees. 1 1 ' 11.2.4 Umbrella Excess Liability Insurance This policy shall be written on an umbrella excess basis above coverages as described herein, endorsed to include the Indemnitees as additional insureds, contain cross- liability and severability of interest endorsements, and state that this insurance is primary insurance as regards any other insurance carried by the Indemnitees. In addition, the policy shall be endorsed to provide defense coverage obligations. ' 1 1.2.5 Broad Form Boiler and Machinery Insurance Contractor shall maintain, at its sole expense, such boiler and machinery insurance as may be required by the Contract Documents or by law. This insurance shall include the interests of Owner, Contractor and Subcontractors in the Work as set forth herein (and in Subparagraph 11.3.1 below). 1 1 1 11.2.6 Performance Bond and Labor and Material Payment Bond .1 If requested by Owner, Contractor shall obtain, and shall require each Subcontractor designated by Owner to obtain, a Performance Bond and Labor and Material Payment bond in the amount of 100% of the Contract Sum in the case of Contractor, and 100% of the applicable contract amount for designated Subcontractor. Contractor shall deliver the executed originals and two (2) executed copies of each of its required bonds to Owner not later than the date of execution of the Agreement and deliver the executed originals and two (2) executed copies of each of the required Subcontractor bonds to Owner not later than the date of execution of the Subcontractor bond with any such Subcontractor. 1 ' 11.3 1 11.3.1 1 1 1 Bodily Injury/ Property Damage (Occurrence Basis) BUILDER'S RISK INSURANCE 44 62,000,000 per occurrence $2.000,000 aggregate .2 The bonds shall in all respects conform to the requirements of the laws of the State of Texas. Contractor shall maintain, at its sole expense, all -risk builder's risk insurance as follows: Contractor shall carry completed value form builder's risk property insurance upon the entire Work for 100% of the full replacement cost value thereof (100% includes additional costs of architectural and engineering services in the event of a loss). This policy shall include the interests of the Owner and the other Indemnitees, Contractor, and Subcontractors in the Work as named insureds, as their interests may appear, and shall be on an "All Risk" basis for physical Toss or damage including, without limitation, fire, flood, earthquake, subsidence, hail, theft, vandalism and malicious mischief and shall include coverage for portions of the Work while it is stored off the site or is in transit. 1 1 1 1 1 1 1 1 1 11.5.1 Evidence of the insurance coverage required to be maintained by the Contractor under this Article 11, represented by Certificates of Insurance issued by the insurance carrier, must be furnished to the Owner prior to Contractor starting Work. Certificates of Insurance shall specify the insured status mentioned above in this Article 11, as well as the waivers of subrogation. Such Certificates of Insurance shall state that Owner will be notified in writing thirty (30) days prior to cancellation, material change, or non - renewal of insurance. Contractor shall provide to Owner a certified copy of any and all applicable insurance policies upon request of Owner. Timely renewal certificates will be provided to Owner as the coverage renews. ' 11.6 SUBCONTRACTORS' INSURANCE 11.6.1 Insurance similar to that required of Contractor shall be provided by or on behalf of all Subcontractors to cover their operations performed under the Contract Documents. Contractor shall be held responsible for any modification in these insurance requirements as they apply to Subcontractors. Contractor shall maintain Certificates of Insurance from all Subcontractors, enumerating among other things, the waivers in favor of, and insured status of, the ' Indemnitees, as required herein, and make them available to Owner upon request. 11.6.2 The term "Subcontractor(s)" for the purposes of this Article 11 shall include subcontractors of any tier. 11.7 RELEASE AND WAIVER OF SUBROGATION 11.7.1 Contractor hereby releases, and shall cause its Subcontractors to release, Owner and the other Indemnitees from any and all claims or causes of action whatsoever which Contractor and/or its Subcontractors might otherwise possess resulting in or from or in any way connected with any loss covered or which should have been covered by insurance, including the deductible portion thereof, maintained and/or required to be maintained by Contractor and/or its Subcontractors pursuant to the Contract Documents, including without limitation, those arising out of the sole or concurrent negligence of Owner and the other indemnitees. 11.8 INDEMNIFICATION 11.8.1 To the fullest extent permitted by applicable law, Contractor shall and does agree to indemnify, protect, defend and hold harmless the Owner, Owner's partners, affiliated companies of Owner and of any partner, Architect and their respective officers, directors, shareholders, employees and agents (collectively the "Indemnitees ") from and against all claims. damages, losses, liens, causes of action, suits, judgments, and expenses, including attorney fees, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (in whole or in part), (1) the Work performed hereunder, or any part thereof, (2) the Contract Documents, or (3) any act or omission of Contractor, any Subcontractor, anyone directly or indirectly employed by them, or anyone that 1 1 1 1 1 This policy shall provide, by endorsement or otherwise, that Contractor shall be solely responsible for the pavement of all premiums under the policy. and that Owner and the other Indemnitees shall have no obligation for the payment thereof, notwithstanding that Owner and the other lndemnitees are named insureds under the policy. Any insured loss or claim of loss shall be adjusted by the Owner, and any settlement payments shall be made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause. Upon the occurrence of an insured loss or claim of loss, monies received will be held by Owner who shall make distribution in accordance with an agreement to be reached in such event between Owner and Contractor. If the parties are unable to agree between themselves on the settlement of the loss, such dispute shall be submitted to a court of competent jurisdiction to determine ownership of the disputed amounts but the Work of the Project shall nevertheless progress during any such period of dispute without prejudice to the rights of any party to the dispute. The Contractor shall be responsible for any loss within the deductible area of the policy. 11.4 CONTRACTOR'S EQUIPMENT POLICY 11.4.1 Any such insurance policy covering Contractor's or its Subcontractors' equipment against loss by physical damage shall include an endorsement waiving the insurer's right of subrogation against the Indemnitees. Such insurance shall be Contractor's and its Subcontractors' sole and complete means of recovery for any such loss. Should Contractor or its Subcontractors choose to self - insure this risk, it is expressly agreed that the Contractor and its Subcontractors hereby waive any claim for damage or loss to said equipment in favor of the Indemnitees, 11.5 EVIDENCE OF INSURANCE 45 1 1 . 1 1 11.8.2 1 1 1 1 ' 1.8.3 1 1 1 1 1 1 1 1 1 they control or exercise control over, (collectively the "Liabilities "). The obligations of Contractor under this indemnification shall apply to liabilities even if such liabilities are caused in whole or in part by the negligence of any indemnitee. Contractor shall promptly advise Owner in writing of any action, administrative or legal proceeding or investigation as to which this indemnification may apply, and Contractor, at Contractor's expense, shall assume on behalf of Owner (and the other lndemnitees) and conduct with due diligence and in good faith the defense thereof with counsel satisfactory to Owner; provided, however, that Owner shall have the right, at its option, to be represented therein by advisory counsel of its own selection and at its own expense. In the event of failure by the Contractor to fully perform in accordance with this indemnification paragraph, Owner, at its option, and without relieving Contractor of its obligations hereunder, may so perform, but all costs and expenses so incurred by Owner in that event shall be reimbursed by Contractor to Owner, together with interest on the same from the date any such expense was paid by Owner until reimbursed by Contractor, at the rate of interest provided to be paid on judgments under the laws of the State of Texas. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers' compensation acts, disability benefit acts or other employees' benefit acts. It is understood and agreed that Subparagraph 11.8 above is subject to, and expressly limited by, the terms and conditions of TEX. CIV. PRACT. & REM. CODE ANN. § §130.001- 130.005 (Vernon Supp. 1989), as amended. Contractor shall not be obligated under Subparagraph 9.12 to indemnify or hold harmless Architect or an agent, servant, or employee of Architect from liability or damage that: .1 is caused by or results from: (A) defects in plans, designs, or specifications prepared, approved, or used by the Architect; or (B) negligence of the Architect in the rendition or conduct of professional duties called for or arising out of the Contract Documents and the plans, designs or specifications that are a part of the Contract Documents; and .2 arises from: (A) personal injury or death; (B) property injury; or (C) any other expense that arises from personal injury, death or property injury. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under this Paragraph 9.12, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 11.9 CLAIMS MADE POLICIES 11.9.1 With respect to any of the insurance policies provided by Contractor pursuant to the Contract Documents which are "claims made" policies, in the event at any time any such policies are canceled or not renewed, Contractor shall provide a substitute insurance policy(ies) with terms and conditions and in amounts which comply with the terms of the Contract Documents and which provide for retroactive coverage to the date of cancellation or non - renewal to fill any gaps in coverage which may exist due to the cancellation or non - renewal of the prior "claims made" policies. With respect to all "claims made" policies which are renewed, Contractor shall provide coverage retroactive to the date of commencement of the Work in said renewed policy. All said substitute or renewed "claims made" policies shall be maintained in full force and effect for the longer of (1) two years from the date of completion of the work or (ii) as otherwise required by the Contract Documents. A certificate evidencing continuation of such policies shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Nothing herein shall affect the continuing effect of the indemnity clauses in the Contract Documents. 46 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . 1 SECTION 01010 SUMMARY OF WORK PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Title of Work, and type of Contract. B. Work by Others, and Future Work. C. Work Sequence. D. Use of Premises. E. Owner Occupancy. F. Pre - Ordered Products. G. Owner - Furnished Items. 1.02 RELATED REQUIREMENTS A. Document 00100 - Instructions to Bidders: Method of determining assigned subcontractors. B. Document 00500 - Agreement Forms: Identification of assigned subcontractors. C. Document 00700 - General Conditions: Provisions for use of site, and Owner occupancy. Relations of Contractor- subcontractors. 1.03 WORK COVERED BY CONTRACT DOCUMENTS by A. Work of this Contract comprises Fire Protection Sprinkler Systems (Design/Build) For the Fire Station Facilty at 350 Deepwood Drive. B. Contractor shall provide all materials, means & methods to complete the work described in Section A above including plan preparation, plan review, and approval by City of Round Rock Fire Dept. (Lt.Selby). System shall begin at 6" riser in room #104 and shall include back flow preverter, PVR if necessary and appropiate heads in living quarters, truck bays and combustible attic as required code. FDC cap shall be included at riser penetrating south exterior wall. The occupancy has been deemed duel by City Building official allowing the use of PVC at the living quarters and metallic pipe in the truck bays. Exposed piping in the attic areas shall be insulated as may be required by design recomendations of this contractor as appropiate to this locale. Contractor shall coordinate head design and trim with ceiling type. 1.04 CONTRACT METHOD A. Construct the Work under a single lump sum contract. B. Relations and responsibilities between Contractor and subcontractors shall be as defined in Conditions of the Contract. Subcontractors shall, in addition: 1. Fumish to Contractor bonds covering faithful performance of subcontracted work and payment of all obligations thereunder when Contractor is required to furnish such bonds to Owner. 2. Purchase and maintain liability insurance to protect Contractor from claims for not less than the limits of liability which Contractor is required to provide to Owner. 1.05 WORK BY OTHERS A. Work of the Project which should be begun prior to start of Work of this Contract, and which is specifically excluded from this Contract: 1.06 FUTURE WORK 1. Buildings and construction required for installation under the primary contract for Fire Station #5, and coordinated by General Contractor. A. Project is designed for future expansion. (Design shall consider and coordinate w/ Architect) B. Insure that Work avoids encroachment into areas required for future work or work being constructed by other contractors on adjacent sites. 1.07 WORK SEQUENCE A. Required stages: 1. Locate and identify supply sleeves and mechanical, electrical and plumbing finish locations and connections for incoming utilities and take appropriate precautions to protect these locations from any damage. Any damage to these lines shall be repaired at Contractor's expense, at no additional expense to the Owner or General Contractor. Provide all necessary electrical power and connections. Coordinate design and consult with Fire Dept. On required flow switching and alarms to be provided by others. B. Remainder of work covered by the Contract Documents, as scheduled by the General Contractor. C. It shall be the Contractor's responsibility to coordinate with the General Contractor and schedule this work and determine the order in which it is to be executed. Contractor shall take all necessary precautions to protect existing utilities and elements that are not scheduled in this project. Any utilities and /or building elements not scheduled that are damaged shall be repaired to like -new condition by the Contractor to the Architect's satisfaction, at no additional expense to the Owner. Summary of work 01010 - 2 1.08 CONTRACTOR USE OF PREMISES A. Contractor shall limit use of premises for Work, for storage, and for access, to allow: 1. Owner occupancy. 2. Work by other contractors / General Contractor. 3. Public usage. 4. On -going Owner adjacent operations. B. Coordinate use of premises under direction of General Contractor, Owner and Architect. C. Assume full responsibility for protection and safekeeping of products under this Contract. D. Obtain and pay for use of additional storage or work areas needed for operations under this Contract. 1.09 OWNER OCCUPANCY A. Owner will occupy adjacent premises during entire construction period for conduct of his normal operations. Cooperate with Owner in scheduling operations to minimize conflict and to facilitate Owner usage. PART 2 PRODUCTS Not Used PART 3 EXECUTION Not used END OF SECTION Summary of Work 01010 - 3 SECTION 01041 PROJECT COORDINATION PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Coordinate Work with that of other contractors and work by Owner under administration of Construction Superintendent. B. Construction Superintendent is to be appointed by the General Contractor. 1.02 RELATED REQUIREMENTS A. Document 00700 - General Conditions: Duties of Construction Superintendent. B. Section 01010 - Summary of Work: Work covered by each contract. Work sequence. Owner occupancy. C. Section 01200 - Project Meetings. D. Section 01700 - Contract Closeout: Closeout procedures. 1.03 CONSTRUCTION MOBILIZATION A. Cooperate with Construction Superintendent in allocation of mobilization areas of site: for field offices and sheds, for materials storage, access, traffic, and parking facilities. During construction coordinate use of site and facilities through Construction Superintendent. B. Comply with Construction Superintendent's procedures for intra- project communications: Submittals, reports and records, schedules, coordination drawings, and recommendations; and resolution of ambiguities and conflicts. C. Comply with instructions of Construction Superintendent for use of temporary utilities and construction facilities. D. Coordinate field engineering and layout work under instructions of Construction Superintendent. 1.04 SCHEDULES A. Submit preliminary progress schedule in accordance with Section 01340 to Construction Superintendent coordinated with Construction Superintendent's Project construction schedule. After review, revise and resubmit schedule to comply with revised Project schedule. 8. During progress of work revise and resubmit as directed by Construction Superintendent. 1.05 SUBMITTALS TO CONSTRUCTION MANAGERIARCHTECT A. Submit preliminary shop drawings, product data and samples in accordance with Section 01340 for review for compliance with Contract Documents, for field dimensions and clearances, for relation to available space, and for relation to work of separate contracts. After review, revise and resubmit for transmittal to Architect. B. Submit applications for payment on AIA G702 AND G703 forms for review, and for transmittal to Architect. C. Submit requests for interpretation of Contract Documents, and obtain instructions through Construction Superintendent. D. Process requests for substitutions, and change orders, through Construction Superintendent. E. Deliver closeout submittals for review and preliminary inspections, and for transmittal to Architect. 1.06 COORDINATION DRAWINGS A. Provide information required by Construction Superintendent for his preparation of coordination drawings. B. Review drawings prior to Construction Superintendent's submittals to Architect. 1.07 CLOSEOUT PROCEDURES A. Notify Construction Superintendent when Work is considered ready for Substantial Completion. Accompany Construction Superintendent on preliminary inspection to determine items to be listed for completion or correction in Contractor's notice of Substantial Completion. B. Comply with Construction Superintendents instructions to correct items of work listed in executed Certificates of Substantial Completion and for access to Owner - occupied areas, C. Notify Construction Superintendents when Work is considered finally complete. Accompany Construction Manager /Architect on preliminary final inspection. D. Comply with Construction Superintendents instructions for completion of items of work determined in Architect final inspection. PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Project Coordination 01041 - 2 PART 1- GENERAL 1.1 DESCRIPTION A. Work included: This Section establishes general requirements pertaining to cutting (including excavating), fitting, and patching of the Work required to: 1. Make the several parts fit properly; 2 Uncover work to provide for installing, inspecting, or both, of ill -timed work; 3. Remove and replace work not conforming to requirement of the Contract Documents; and 4. Remove and replace defective work. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. In addition to other requirements specified, upon the Architects request uncover work to provide for inspection by the Architect of covered work, and remove samples of installed materials for testing. 3. Do not cut or alter work performed under separate contracts without the Architects written permission. 1.2 QUALITY ASSURANCE A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. 1.3 SUBMITTALS A. Request for Architect's consent: B. Notices to the Architect: SECTION 01045 CUTTING AND PATCHING 1. Prior to cutting which effects structural safety, sub- mit written request to the Architect for permission to proceed with cutting. 2. Should conditions of the Work, or schedule, indicate a required change of materials or methods for cutting and patching, so notify the Architect and secure his written permission and the required Change Order prior to proceeding. 1. Prior to cutting and patching performed pursuant to the Architects instructions, submit cost estimate to the Architect. Secure the Architects approved cost estimates and type of reimbursement before proceeding with cutting and patching. 2. Submit written notice to the Architect designating the time the Work will be uncovered, to provide for the Architect's observation. PART 2 - PRODUCTS 2.1 MATERIALS A. For replacement of items removed, use materials complying with pertinent Sections of these Specifications. 2.2 PAYMENT FOR COSTS A. The Owner will reimburse the Contractor for cutting and patching performed pursuant to the written Change Order, after claim for such reimbursement is submitted by the Contractor. Perform other cutting and patching needed to comply with the Contract Documents at no additional cost to the Owner. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Inspection: 1. Inspect existing conditions, including elements sub- jectto movement or damage during cutting, excavating, patching, and backfilling. 2. After uncovering the work, inspect conditions affect - ing installation of new work. B. Discrepancies: 1. If uncovered conditions are not as anticipated, im- mediately notify the Architect and secure needed directions. 2. Do not proceed until unsatisfactory conditions are corrected, 3.2 PREPARATION PRIOR TO CUTTING A. Provide required protection including, but not necessarily limited to, shoring, bracing, and support to maintain structural integrity of the Work. 3.3 PERFORMANCE A. Perform required excavating and backfilling as required under pertinent other Sections of these Specifications. 1. Perform cutting and demolition by methods which will prevent damage to other portions of the Work and pro - vide proper surfaces to receive installation of repair and new work. 2. Perform fitting and adjusting of products to provide finished installation complying with the specified tolerances and finishes. END OF SECTION Cutting & Patching 01045 - 2 PART 1- GENERAL 1.1 DESCRIPTION SECTION 01050 FIELD ENGINEERING A. Work included: Provide such field engineering services as are required for proper completion of the Work including, but not necessarily limited to: 1. Establishing and maintaining lines and levels; 2. Structural design of shores, forms, and similar items provided by the Contractor as part of his means and methods of construction. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Additional requirements for field engineering also may be described in other Sections of these Specifications. 3. As described in subparagraph 3.3.12 of the General Conditions, the Owner will furnish survey describing the physical characteristics, legal limitations, utility locations, and legal description of the site. 1.2 QUALITY ASSURANCE A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. 1.3 SUBMITTALS A. Comply with pertinent provisions of Section 01340. B. Upon request of the Architect, submit: 1. Data demonstrating qualifications of persons proposed to be engaged for field engineering services. 2. Documentation verifying accuracy of field engineering work. 3. Certification, signed by the Contractor's retained field engineer, certifying that elevations and locations of improvements are in conformance or non - conformance with requirements of the Contract Documents. 1.4 PROCEDURES A. In addition to procedures directed by the Contractor for proper performance of the Contractor's responsibilities: 1. Locate and protect control points before starting work on the site. 2. Preserve permanent reference points during progress of the Work. 3. Do not change or relocate reference points or items of the Work without specific approval from the Architect. 4. Promptly advise the Architect when a reference point is lost or destroyed, or requires relocation because of other changes in the Work. a. Upon direction of the Architect, require the field engineer to replace reference stakes or markers. b. Locate such replacements according to the original survey control. END OF SECTION 1 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 1 • 1 SECTION 01090 REFERENCE STANDARDS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Applicability of Reference Standards. B. Provision of Reference Standards at site. C. Acronyms used In Contract Documents for Reference Standards. Source of Reference Standards, 1.02 RELATED REQUIREMENTS A. Document 00700 - General Conditions: Reference Standards. 1.03 QUALITY ASSURANCE A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. The date of the standard is that in effect as of the Bid date, or date of Owner - Contractor Agreement when there are no bids, except when a specific date is specified. C. When required by individual Specifications section, obtain copy of standard. Maintain copy at jobsite during submittals, planning, and progress of the specific work, until Substantial Completion. 1.04 SCHEDULE OF REFERENCES AA Aluminum Association 818 Connecticut Avenue, N.W. Washington, DC 20006 AABC Associated Air Balance Council 1000 Vermont Avenue, N.W. Washington, DC 20005 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI American Concrete Institute Box 19150 Reford Station Detroit, MI 48219 01090 -1 ADC Air Diffusion Council 230 North Michigan Avenue Chicago, IL 60601 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 AITC American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 AISC American Institute of Steel Construction 400 North Michigan Avenue Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights, IL 60004 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 APA American Plywood Association Box 11700 Tacoma, WA 98411 ARI Air- Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington, VA 22209 ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers 1791 Tullie Circle, N.E. Atlanta, GA 30329 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 ASPA American Sod Producers Association Association Building Ninth and Minnesota Hastings, NE 68901 01090 - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ASTM American Society for Testing and Materials 1916 Race Street Phildelphia, PA 19103 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 AWI Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington, VA 22206 AWPA American Wood - Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society 550 LeJeune Road Miami, FL 33135 CDA Copper Development Association 57th Floor, Chrysler Building 405 Lexington Avenue New York, NY 10174 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60195 EJCDC Engineers' Joint Contract Documents Committee American Consulting Engineers Council 1050 15th Street, N.W. Washington, DC 20005 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FGMA Flat Glass Marketing Association 3310 Harrison White Lakes Professional Building Topeka, KS 66611 FM Factory Mutual System 01090 - 3 1151 Boston - Providence Turnpike Norwood, MA 02062 FS Federal Specification General Services Administration Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, DC 20407 GA Gypsum Association 1603 Orrington Avenue Evanston, IL 60201 IEEE Institute of Electrical and Electronics Engineers 345 East 47th Street New York, NY 10017 IMIAC International Masonry Industry All- Weather Council International Masonry Institute 815 15th Street, N.W. Washington, DC 20005 MFMA Maple Flooring Manufacturers Association 2400 East Devon Suite 205 Des Plaines, IL 60018 MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 MLISFA Metal Lath/Steel Framing Association 221 North LaSalle Street Chicago, IL 60601 NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL 60601 NEBB National Environmental Balancing Bureau 8224 Old Courthouse Road Vienna, VA 22180 NEMA National Electrical Manufacturers' Association 2101 L Street, N.W. Washington, DC 20037 NFPA National Fire Protection Association Battery March Park 01090 - 4 Quincy, MA 02269 NFPA National Forest Products Association 1619 Massachusetts Avenue, N.W. Washington, DC 20036 NSWMA National Solid Wastes Management Association 1120 Connecticut Avenue, N.W. Washington, D.C. 20036 NTMA National Terrazzo and Mosiac Association 3166 Des Plaines Avenue Des Plaines, IL 60018 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 PS Product Standard U. S. Department of Commerce Washington, DC 20203 RIS Redwood Inspection Service One Lombard Street San Francisco, CA 94111 RCSHSB Red Cedar Shingle and Handsplit Shake Bureau 515 116th Avenue Bellevue, WA 98004 SDI Steel Deck Institute Box 3812 St Louis, MO 63122 SDI Steel Door Institute 712 Lakewood Center North Cleveland, OH 44107 SIGMA Sealed Insulating Glass Manufacturers Assoc. 111 East Wacker Drive Chicago, IL 60601 SJI Steel Joist Institute 1703 Parham Road Suite 204 Richmond, VA 23229 01090 - 5 SMACNA Sheet Metal and Air Conditioning Contractors' National Association 8224 Old Court House Road Vienna, VA 22180 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAS Technical Aid Series Construction Specifications Institute 601 North Madison Street Alexandria, VA 22314 TCA Tile Council of America, Inc. Box 326 Princeton, NJ 08540 UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 WCLIB West Coast Lumber Inspection Bureau Box 23145 Portland, OR 97223 PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used 01090 - 6 END OF SECTION PART 1- GENERAL 1.1 DESCRIPTION SECTION 01152 APPLICATIONS FOR PAYMENT A. Work included: Comply with procedures described in this Section when applying for progress payment and final payment under the Contract. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. The Contract Sum and the schedule for payments are described in the Form of Agreement. 3. Payments upon Substantial Completion and Completion of the Work are described in the General Conditions and in Section 01700 of these Specifications. 4. The Architects approval of applications for progress payment and final payment may be contingent upon the Architect's approval of status of Project Record Documents as described in Section 01720 of these Specifications. 1.2 QUALITY ASSURANCE A. Prior to start of construction, secure the Architects approval of the schedule of values required to be submitted under Paragraph 9.2 of the General Conditions, and further described in Section 01370 of these Specifications. B. During progress of the Work, modify the schedule of values as approved by the Architect to reflect changes in the Contract Sum due to Change Orders or other modifications of the Contract. C. Base requests for payment on the approved schedule of values. 1.3 SUBMITTALS A. Informal submittal: Unless otherwise directed by the Architect: 1. Make an informal submittal of request for payment by filling in, with erasable pencil, pertinent portions of A.IA. Document G702, "Application and Certificate for Payment," plus continuation sheet or sheets. 2. Make this preliminary submittal to the Architect at the last regular job meeting of each month. 3. Revise the informal submittal of request for payment as agreed at the job meeting, initialing all copies. B. Formal submittal: Unless otherwise directed by the Architect: 1. Make formal submittal of request for payment by filling in the agreed data, by typewriter or neat lettering in ink, on A.I.A Document G702, "Application and Certificate for Payment," plus continuation sheet or sheets. 2. Sign and notarize the Application and Certificate for Payment. 3. Submitthe original of the Application and Certificate for Payment, plus three identical copies to the Architect. 4. The Archfiectwill compare the formal submittal with the approved Informal submittal and, when approved, will sign the Application and Certificate for Payment, will make required copies, and will distribute: a. One copy to Contractor; b. One copy to Owner; and c. One copy to Architect's file. END OF SECTION SECTION 01200 PROJECT MEETINGS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor participation in preconstruction conferences. B. Contractor administration of progress meetings and pre - installation conferences. 1.02 RELATED REQUIREMENTS A. Document 00100 - Instructions to Bidders: Pre -Bid Conference. B. Section 01340 - Submittals and Substitutions: Progress Schedules. C. Section 01340 - Submittals and Substitutions: Shop drawings, product data, and samples. D. Section 01400 - Quality Control. E. Section 01700 - Contract Closeout Project record documents. 01720 - Project Record Documents. F. Section 01700 - Contract Closeout: Operation and maintenance data. 01730 - Operation and Maintenance Data. 1.03 PRECONSTRUCTION CONFERENCES. A. Architect will administer preconstruction conference for execution of Owner- Contractor Agreement and exchange of preliminary submittals. B. Architect will administer site mobilization conference at Project site for clarificiation of Owner and Contractor responsibilities in use of site and for review of administrative procedures. 1.04 PROGRESS MEETINGS A. Schedule and administer Project meetings throughout progress of the Work at maximum monthly intervals, called meetings, and preinstallation conferences. B. Make physical arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within two days to Architect, participants, and those affected by decisions made at meetings. C. Attendance: Job superintendent, major subcontractors and suppliers; Owner and Architect as appropriate to agenda topics for each meeting. D. Suggested Agenda: Review of Work progress, status of progress schedule and adjustments thereto, delivery schedules, submittals, maintenance of quality standards, pending changes and substitutions, and other items affecting progress of Work. 1.05 PREINSTALLATION CONFERENCES A. When required in individual specification Section, convene a preinstallation conference prior to commencing work of the Section. B. Require attendance of entities directly affecting, or affected by, work of the Section. C. Review conditions of installation, preparation and installation procedures, and coordination with related work. PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION Project Meetings 01200 - 2 PART 1 - GENERAL 1.1 DESCRIPTION SECTION 01340 SUBMITTALS AND SUBSTITUTIONS A. Work included: Make submittals required by the Contract Documents, and revise and resubmit as necessary to establish compliance with the specified requirements. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Individual requirements for submittals also may be described in pertinent Sections of these Specifications. C. Work not included: 1. Unrequired submittals will not be reviewed by the Architect. 2. The Contractor may require his subcontractors to provide drawings, setting diagrams, and similar information to help coordinate the Work, but such data shall remain between the Contractor and his subcontractors and will not be reviewed by the Architect. 1.2 QUALITY ASSURANCE A. Coordination of submittals: 1. Prior to each submittal, carefully review and coordinate all aspects of each item being submitted. 2. Verify that each item and the submittal for it conform in all respects with the specified requirements. 3. By affixing the Contractor's signature to each submittal, certify that this coordination has been performed. 4. All Materials used in construction of the Work shall be 100% Asbestos Free. Refer to General Conditions for other references concerning Asbestos. Contractor shall submit a letter of verification stating all products provided and /or installed are 100% Asbestos Free B. Substitutions: 1. The Contract is based on the standards of quality established in the Contract Documents. Substitutions will be considered only when listed at time of bidding, on the form provided therefore in the bidding documents, and when substantiated by the Contractor's submittal of required data within 35 calendar days after award of the Contract. 2. The following products do not require further approval except for interface within the Work: a. Products specified by reference to standard specifications such as ASTM and similar standards. b. Products specified by manufacturer's name and catalog model number. 3. Do not substitute materials, equipment, or methods unless such substitution has been specifically approved in writing for this Work by the Architect. C. "Or equal ": 1. Where the phrase "or equal," or or equal as approved by the Architect," occurs in the Contract Documents, do not assume that the materials, equipment, or methods will be approved as equal unless the item has been specifically so approved for this Work by the Architect. 2. The decision of the Architect shall be final. 1.3 SUBMITTALS A. Make submittals of Shop Drawings, Samples, substitution requests, and other items in accordance with the provisions of this Section. PART 2- PRODUCTS 2.1 SHOP DRAWINGS A. Scale and measurements: Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the Work. B. Types of prints required: 1. Submit Shop Drawings in the form of one sepia trans- parency of each sheet plus four blueline or blackline prints of each sheet. 2. Whiteline (blueprints) will not be acceptable. C. Review comments of the Architect will be shown on the sepia transparency when it is returned to the Contractor. The Contractor may make and distribute such copies as are required for his purposes. 2.2 MANUFACTURERS' LITERATURE A. Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents is being submitted for review. B. Submit the number of copies which are required to be returned, plus one copy which will be retained by the Architect, one which will be retained by the Owner, one which will be retained by a Consultant and one to be retained by the Contractor. 2.3 SAMPLES A. Provide Sample or Samples identical to the precise article proposed to be provided. Identify as described under "Identification of submittals" below. B. Number of Samples required: 1. Unless otherwise specified, submit Samples in the quantity which is required to be returned, plus one which will be retained by the Architect. 2. By prearrangement in specific cases, a single Sample may be submitted for review and, when approved, be installed in the Work at a location agreed upon by the Architect. 2.4 COLORS AND PATTERNS A. Unless the precise color and pattern is specifically called out in the Contract Documents, and whenever a choice of color or pattem is available in the specified products, submit accurate color and pattern charts to the Architect for selection. PART 3 - EXECUTION 3.1 IDENTIFICATION OF SUBMITTALS A. "Consecutively" number all submittals. 1. When material is resubmitted for any reason, transmit under a new letter of transmittal and with a new transmittal number, dash, and the old transmittal number. Submittals & Substitutions 01340 - 2 2. On resubmittals, cite the original submittal number for reference in subsequential text. B. Accompany each submittal with a letter of transmittal showing all information required for identification and checking. C. On at least the first page of each submittal, and elsewhere as required for positive identification, show the submittal number in which the item was included. D. Maintain an accurate submittal log for the duration of the Work, showing current status of all submittals at all times. Make the submittal log available to the Architect for his review upon request and copy the Architect with the log at each draw request. 3.2 GROUPING OF SUBMITTALS A. Unless otherwise specified, make submittals in groups containing all associated items to assure that information is available for checking each item when it is received. 1. Partial submittals may be rejected as not complying with the provisions of the Contract. 2. The Contractor may be held liable for delays so occasioned. 3.3 TIMING OF SUBMITTALS A Make submittals far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and resubmittals, and for placing orders and securing delivery. B. In scheduling, allow at least ten working days for review by the Architect, and an additional ten should the submittal involve one or more of the Consultants listed in the project directory, following the Architects receipt of the submittal. 3A ARCHITECT'S REVIEW A. Review by the Architect does not relieve the Contractor from responsibility for errors which may exist in the submitted data. B. Revisions: 1. Make revisions required by the Architect. 2. If the Contractor considers any required revision to be a change, he shall so notify the Architect as provided for in Paragraph 12.2 of the General Conditions. 3. Make only those revisions directed or approved by the Architect. C. Reimbursement of Architects costs: 1. In the event substitutions are proposed to the Architect after the Contract has been awarded, the Architect will record all time used by him and by his consultants in evaluation of each such proposed substitution. 2. Whether or not the Architect approves a proposed substitution, the Contractor promptly upon receipt of the Architects billing shall reimburse the Architect at the rate of two and one -half times the direct cost to the Architect and his consultants for all time spent by them in evaluating the proposed substitutions. END OF SECTION Submittals & Substitutions 01340 - 3 PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Provide a detailed breakdown of the agreed Contract Sum showing values allocated to each of the various parts of the Work, as specificied herein and in other provisions of the Contract Documents. B. Related work: SECTION 01370 SCHEDULE OF VALUES 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Schedule of values is required under Paragraph 92 of the General Conditions. 3. Schedule of values is required to be compatible with the "continuation sheet" accompanying applications for payment, as described in Section 01152. 1.2 QUALITY ASSURANCE A. Use required means to assure arithmetical accuracy of the sums described. B. When so required by the Architect, provide copies of the subcontracts or other data acceptable to the Architect, substantiating the sums described. 1.3 SUBMITTALS A. Prior to first application for payment, submit a proposed schedule of values to the Architect. 1. Meet with the Architect and determine additional data, if any, required to be submitted. 2. Secure the Architect's approval of the schedule of values prior to submitting first application for payment 3. Schedule any accepted alternates. 4. Included with each Schedule of Values, on separate sheets broken down by Specification section, shall be a listing of quantities involved in each section listed in the Schedule of Values. These quantities shall be in the form of Bd.Ft., Lin.Ft., Sq.Ft., Sq.Yds., Cu.Ft, Cu.Yd., or as appropriate for the particular section. 5. The Base Bid shall be apportioned on Values based on areas defined in the Drawings. Meet with Architect prior to submittal to finalize these figures. END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 01400 QUALITY CONTROL PART 1- GENERAL 1.1 REQUIREMENTS INCLUDED A. General Quality Control. B. Workmanship. C. Manufacturer's Instructions. D. Manufacturer's Certificates. E. Mockups. F. Manufacturer's Field Services. G. Testing Laboratory Services. 1.2 RELATED REQUIREMENTS A. Document 00700 - General Conditions: Inspection and testing required by governing authorities. B. Section 01340 - Submittals and Substitutions: Submittal of Manufacturer's Instructions. C. Section 01410 - Testing Laboratory Services: Tests required for earthwork, concrete, paving. 1.3 QUALITY CONTROL, GENERAL A. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. 1.4 WORKMANSHIP A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. 1.5 MANUFACTURERS' INSTRUCTIONS A. Comply with Instructions in full detail, Including each step in sequence. Should instructions conflict with Contract Documents, request clarification from Architect/Engineer before proceeding. 1.6 MANUFACTURERS' CERTIFICATES 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A. When required by individual Specifications Section, submit manufacturer's certificate, in duplicate, that products meet or exceed specified requirements. 1.7 MOCKUPS A. When required by individual Specifications Section, erect complete, full -scale mockup of assembly at Project site. Tests will be performed in accordance with Section 01410. Remove mockup at completion, when approved by Architect/Engineer 1.8 MANUFACTURERS' FIELD SERVICES A. When specified in respective Specification Sections, require manufacturer to provide qualified personnel to observe field conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust and balance of equipment as applicable, and to make appropriate recommendations. B. Representative shall submit written report to Architect /Engineer listing observations and recommendations. 1.9 TESTING LABORATORY SERVICES A. Owner will employ and pay for services of an Independent Testing Laboratory to perform inspections, tests, and other services required by individual Specification Sections. B. Services will be performed in accordance with requirements of governing authorities and with specified standards. C. Reports will be submitted to Architect/Engineer in triplicate giving observations and results of tests, indicating compliance or non - compliance with specified standards and with Contract Documents. D. Contractor shall cooperate with Testing Laboratory personnel; fumish tools, samples of materials, design mix, equipment, storage and assistance as requested. 1. Notify Architect/Engineer and Testing Laboratory 24 hours prior to expected time for operations requiring testing services. 2. Make arrangements with Testing Laboratory and pay for additional samples and tests for Contractor's convenience. E. Any re- testing and re- working necessary due to non- compliance of initial tests shall be paid for by the Contractor, at no additional cost to the Owner. PART 2 PRODUCTS PART 3 EXECUTION NOT USED NOT USED END OF SECTION Quality Control 01400 - 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1- GENERAL 1.1 DESCRIPTION A. Work included: 1. Cooperate with the Owner's selected testing agency and all others responsible for testing and inspecting the Work. 2. Provide such other testing and inspecting as are specified to be furnished by the Contractor in this Section and /or elsewhere in the Contract Documents. B. Related work: SECTION 01410 TESTING LABORATORY SERVICES 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Requirements for testing may be described in various Sections of these Specifications. 3. Where no testing requirements are described, but the Owner decides that testing is required, the Owner may require such testing to be performed under current pertinent standards for testing. Payment for such testing will be made as described in this Section. C. Work not included: 1. Selection of testing laboratory: The Owner will select a prequalified independent testing laboratory. 2. Payment for initial testing: The Owner will pay for all initial services of the testing laboratory as further described in Article 2.1 of this Section. 1.2 QUALITY ASSURANCE A. The testing laboratory will be qualified to the Owner's approval in accordance with ASTM E329. B, Testing, when required, will be in accordance with all pertinent codes and regulations, and with selected standards of the American Society of Testing and Materials. 1.3 PRODUCT HANDLING A. Comply with pertinent provisions of Section 01640. B. Promptly process and distribute required copies of test reports and related instructions to assure necessary retesting and replacement of materials with the least possible delay in progress of the Work. PART2- PRODUCTS 2.1 PAYMENT FOR TESTING A. Initial services: 1. The Owner will pay for initial testing services requested by the Owner. 2. When initial tests indicate non - compliance with the Contract Documents, the costs of initial tests associated with the non - compliance will be deducted by the Owner from the Contract Sum. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 . 1 B. Retesting: When initial tests indicate non - compliance with the Contract Documents, subsequent retesting occasioned by the non - compliance shall be performed by the same testing agency, and costs thereof will be deducted by the Owner from the Contract Sum. 2.2 CODE COMPLIANCE TESTING A. Inspections and tests required by codes or ordinances, or by a plan approval authority, and which are made by a legally constituted authority, shall be the responsibility of and shall be paid for by the Contractor, unless otherwise provided in the Contract Documents. 2.3 CONTRACTOR'S CONVENIENCE TESTING A. Inspecting and testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor. PART 3 - EXECUTION 3.1 COOPERATION WITH TESTING LABORATORY A. Representatives of the testing laboratory shall have access to the Work at all times and at all locations where the Work is in progress. Provide facilities for such access to enable the laboratory to perform its functions properly. 3.2 TAKING SPECIMENS A. All specimens and samples for testing, unless otherwise provided in the Contract Documents, shall be taken by the testing personnel. All sampling equipment and personnel will be provided by the testing laboratory. All deliveries of specimens and samples to the testing laboratory will be performed by the testing laboratory. 3.3 SCHEDULES FOR TESTING A. Establishing schedule: 1. By advance discussion with the testing laboratory selected by the Owner, determine the time required for the laboratory to perform its tests and to issue each of its findings. 2. Provide all required time within the construction schedule. B. Revising schedule: When changes of construction schedule are necessary during construction, coordinate all such changes with the testing laboratory as required. C. Adherence to schedule: When the testing laboratory is ready to test according to the established schedule, but is prevented from testing or taking specimens due to incompleteness of the Work, all extra charges for testing attributable to the delay may be back - charged to the Contractor and shall not be borne by the Owner. END OF SECTION Testing Laboratory Services 01410 - 2 PART 1- GENERAL 1.1 REQUIREMENTS 1.2 APPLICABLE STATUTES 1.03 SECTION 01425 WAGE RATES A. Pay not less than the minimum wage scale and benefits indicated on the "Minimum Wage Schedule" provided herein. B. Wages listed are minimum rates only. C. No claims for additional compensation will be considered by the Owner because of payments of wage rates in excess of the applicable rate contained in this contract A. Vernon's Civil Statutes, Section 2 of Article 5159a which states as follows: "The Contractor shall forfeit as a penalty to the State, County, City and County, City, Town, District or other political subdivision on whose behalf the Contract is made or awarded, ten dollars ($10.00) for each laborer, workman or mechanic is paid less than the said stipulated rates for any work done under said Contract, by him, or by any subcontractor under him, and the public body awarding the Contract shall cause to be inserted In the Contract a stipulation to this effect." PAYROLL A. In compliance with Article 515a, Sections 2 & 3, and Article 5159d, Section II of the Revised Civil Statute referenced above, the owner reserves the following rights: 1. To receive weekly payroll records. 2. To have the Contractor provide required earning statements to employees. 1.04 MINIMUM WAGE RATES A. Pay prevailing basic wage listed, plus any applicable fringe benefits. B. Basic Rates: Classification Basic Wage Rates Bricklayers $14.46 Carpenters 10.85 Cement Masons 9 Electricians 19.60 Glaziers 10.79 Ironworkers, Structural & Ornamental 15.85 Laborers 7.07 Masan Tenders 8.00 Painters, Brush 9.00 Plumbers & Pipefitters 19.80 Sheet Metal Workers 20.13 Drywall Hanger 11.04 Front End Loader (Power Equip.Operator) 9.60 Sprinkler Fitter 13.50 END OF SECTION PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Additional procedures also may be prescribed in other Sections of these Specifications. 1.2 QUALITY ASSURANCE SECTION 01640 PRODUCT HANDLING A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURER'S RECOMMENDATIONS A. Except as otherwise approved by the Architect, determine and comply with manufacturer's recommendations on product handling, storage, and protection. 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. The Architect may reject as non - complying such material and products that do not bear identification satisfactory to the Architect as to manufacturer, grade, quality, and other pertinent information. 1.5 PROTECTION A. Protect finished surfaces, including jambs and soffits of openings used as passageways, through which equipment and materials are handled. B. Provide protection for finished floor surfaces in traffic areas prior to allowing equipment or materials to be moved over such surfaces. C. Maintain finished surfaces clean, unmarred, and suitably protected until accepted by the Owner. 1.6 REPAIRS AND REPLACEMENTS A. In event of damage, promptly make replacements and repairs to the approval of the Architect and at no additional cost to the Owner. B. Additional time required to secure replacements and to make repairs will not be considered by the Architect to justify an extension in the Contract Time of Completion. END OF SECTION 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1- GENERAL 1.1 REQUIREMENTS INCLUDED SECTION 01650 STARTING OF MECHANICAL SYSTEMS A. Provide material and labor required to perform start-up of each respective item of equipment and system prior to beginning of test, adjust and balance procedures. B. Comply strictly with specified procedures in starting up & testing fire protection. 1.2 START -UP PROCEDURES A. Valves: 1. Inspect hand valves and clean bonnets and sterns. 2. Tighten packing glands to assure no leakage, but permit valve stems to operate without galling. 3. Replace packing in valves to retain maximum adjustment after system is judged complete. 4. Replace packing on any valve which continues to leak. 5. Remove and repair bonnets which leak. 6. Coat packing gland threads and valve stems with a surface preparation of Moly -Cote, Fel OPro or equal, after cleaning( if applicable). B. Verify that control valve seats are free from foreign material, and are properly positioned for intended service. C. Inspect screwed joints for leakage. Promptly remake each joint which appears to be faulty, do not wait for rust to form. Clean threads on both parts, apply compound and remake joints. D. After system has been placed in operation, clean strainers, dirt pockets, orifices, valve seats, and headers in fluid systems, to assure being free of foreign materials. E. Remove rust, scale, and foreign material from equipment and renew defaced surfaces. F. Inspect fan wheels for clearance and balance. Provide factory authorized personnel for adjustment when needed. G. Check any electrical control circuits to assure that operation complies with specifications and requirements to provide desired performance. H. Inspect each pressure gage for calibration. Replace items which are defaced, broken, or which read in- correctly. I. Repair damaged insulation (as applicable). J. Vent gases or air trapped in any part of the systems. Verify that liquids are drained from all parts of gas or air systems. K. Check piping for leaks at every joint, and at every screwed, flanged, or welded connection, using "Leak - Tek" or approved compound. 1.4 ADJUSTMENTS A. Provide such periodic continuing adjustment services as necessary to insure proper functioning of protection systems after occupancy of the project, and for a period of one year after Date of Substantial Completion of General Construction. END OF SECTION Starting of Mechanical Systems 01650 -2 1.3 PROCEDURES SECTION 01700 CONTRACT CLOSEOUT PART1- GENERAL 1.1 DESCRIPTION A. Work included: Provide an orderly and efficient transfer of the completed Work to the Owner. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Prior to requesting inspection by the Architect, use adequate means to assure that the Work is completed in accordance with the specified requirements and is ready for the requested inspection. A. Substantial Completion: 1. Prepare and submitthe list required by the first sentence of Paragraph 9.7.1 of the General Conditions. 2. Within a reasonable time after receipt of the list, the Architect will inspect to determine status of completion. 3. Should the Architect determine that the Work is not substantially complete: a. The Architect promptly will so notify the Contractor, In writing, giving the reasons therefore. b. Remedy the deficiencies and notify the Architect when ready for reinspection. c. The Architect will reinspect the Work. At such time that reinspection becomes necessary the Contractor shall reimburse the Architect for time spent in reinspections whether reinspections are acceptable at the time or not. The Contractor shall promptly upon receipt of the Architects billing for time and expenses by him and or his consultants, reimburse the Architect at the rate of two and one -half times the direct cost of each reinspection. This procedure shall also apply to final inspections. 4. When the Architect concurs that the Work is substantially complete: a. The Architect will prepare a "Certificate of Substantial Completion" on AIA form G704, accompanied by the Contractor's list of items to be completed or corrected, as verified by the Architect. b. The Architect will submitthe Certificate to the Owner and to the Contractor for their written acceptance of the responsibilities assigned to them in the Certificate. B. Final Completion: 1. Prepare and submit the notice required by the first sentence of Paragraph 9.8.1 of the General Conditions. 2. Verify that the Work is complete including, but not necessarily limited to, the items mentioned in Paragraph 9.8.2 of the General Conditions, 3. Certify that: a. Contract Documents have been reviewed; b. Work has been inspected for compliance with the Contract Documents; c. Work has been completed in accordance with the Contract Documents; d. Equipment and systems have been tested as required, and are operational; e. Work is completed and ready for final inspection. 4. The Architect will make an inspection to verify status of completion. 5. Should the Architect determine that the Work is incomplete or defective: a. The Architect promptly wit so notify the Contractor, in writing, listing the incomplete or defective work. b. Remedy the deficiencies promptly, and notify the Architect when ready for reinspection, See 1.3.a.3.c. above. 6. When the Architect determines that the Work is acceptable under the Contract Documents, he will request the Contractor to make closeout submittals. C. Closeout submittals include, but are not necessarily limited to: 1. Project Record Documents described in Section 01720; 2. Operation and maintenance data for items so listed in pertinent other Sections of these Specifications, and for other items when so directed by the Architect; 3. Warranties and bonds; 4. Keys and keying schedule; 5. Spare parts and materials extra stock; 6. Evidence of compliance with requirements of govemmental agencies having jurisdiction including, but not necessarily limited to: a. Certificates of Inspection; b. Certificates of Occupancy; 7. Certificates of Insurance for products and completed operations; 8. Evidence of payment and release of liens; 9. List of subcontractors, service organizations, and principal vendors, including names, addresses, and telephone numbers where they can be reached for emergency service at all times including nights, weekends, and holidays. D. Final adjustment of accounts: 1. Submit a final statement of accounting to the Architect, showing all adjustments to the Contract Sum. 2. If so required, the Architect will prepare a final Change Order showing adjustments to the Contract Sum which were not made previously by Change Orders. 1.4 INSTRUCTION A. Instruct the Owner's personnel in proper operation and maintenance of systems, equipment, and similar items which were provided as part of the Work. END OF SECTION Contract Closeout 01700 - 2 PART 1- GENERAL 1.1 DESCRIPTION A. Work included: Throughout the construction period, maintain the buildings and site in a standard of cleanliness as described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. In addition to standards described in this Section, comply with requirements for cleaning as described in pertinent other Sections of these Specifications. 1.2 QUALITY ASSURANCE A. Conduct daily inspection, and more often tt necessary, to verify that requirements for cleanliness are being met. B. In addition to the standards described in this Section, comply with pertinent requirements of governmental agencies having jurisdiction. PART2- PRODUCTS SECTION 01710 CLEANING 2.1 CLEANING MATERIALS AND EQUIPMENT A. Provide required personnel, equipment, and materials needed to maintain the specified standard of cleanliness. 2.2 COMPATIBILITY A. Use only the cleaning materials and equipment which are compatible with the surface being cleaned, as recommended by the manufacturer of the material. PART 3 - EXECUTION 3.1 PROGRESS CLEANING A. General: 1. Retain stored items in an orderly arrangement allowing maximum access, not impeding traffic or drainage, and providing required protection of materials. 2. Do not allow accumulation of scrap, debris, waste material, and other items not required for B. Site: construction of this Work. 3. At least twice each month, and more often if necessary, completely remove all scrap, debris, and waste material from the job site. 4. Provide adequate storage for all items awaiting removal from the job site, observing requirements for fire protection and protection of the ecology. C. Site: 5. Products considered flammable must be cleaned and removed from the site daily. 1. Daily, and more often if necessary, inspect the site and pick up all scrap, debris, and waste material. Remove such Items to the place designated for their storage. 2. Weekly, and more often if necessary, inspect all arrangements of materials stored on the site. Restack, tidy, or otherwise service arrangements to meet the requirements of subparagraph 3.1- A-1 above. 3. Maintain the site in a neat and orderly condition at all times. 4. Plumbing, Electrical and slab spoils shall be the responsibility of the Sitework Contractor. Site Contractor shall also be responsible for removal of spoils and regrading areas adjacent to building prior to landscape operation and final soil placement. C. Structures: 1. Weekly, and more often if necessary, inspect the structures and pick up all scrap, debris, and waste material. Remove such items to the place designated for their storage. 2. Weekly, and more often If necessary, sweep interior spaces clean. a. "Clean," for the purpose of this subparagraph, shall be interpreted as meaning free from dust and other material capable of being removed by use of reasonable effort and a hand- held broom. 3. As required preparatory to installation of succeeding materials, clean the structures or pertinent portions thereof to the degree of cleanliness recommended by the manufacturer of the succeeding material, using the equipment and materials required to achieve the necessary cleanliness. 4. Following the installation of finish floor materials, clean the finish floor daily (and more often if necessary) at all times while work is being performed in the space in which finish materials are installed. a. "Clean," for the purpose of this subparagraph, shall be interpreted as meaning free from foreign material which, in the opinion of the Architect, may be injurious to the finish floor material. 3.2 FINAL CLEANING A. "Clean," for the purpose of this Article, and except as may by specifically provided otherwise, shall be interpreted as meaning the level of cleanliness generally provided by skilled cleaners using commercial quality building maintenance equipment and materials. B. Prior to completion of the Work, remove from the job site all tools, surplus materials, equipment, scrap, debris, and waste. Conduct final progress cleaning as described in Article 3.1 above. 1. Unless otherwise specifically directed by the Architect, broom clean paved areas on the site and public paved areas adjacent to the site. ' CLEANING 01710 -2 2. Completely remove resultant debris. D. Structures: 1. Exterior: a. Visually inspect exterior surfaces and remove all traces of soil, waste materials, smudges, and other foreign matter. b. Remove all traces of splashed materials from adjacent surfaces. c. If necessary to achieve a uniform degree of cleanliness, hose down the exterior of the structure. d. In the event of stubborn stains not removable with water, the Architect may require light sandblasting or other cleaning at no additional cost to the Owner. 2. Interior: a. Visually inspect interior surfaces and remove all traces of soil, waste materials, smudges and other foreign matter. b. Remove all traces of splashed material from adjacent surfaces. c. Remove paint droppings, spots, stains, and dirt from finished surfaces. 3. Glass: Clean inside and outside. 4. Polished surfaces: To surfaces requiring routine application of buffed polish, apply the polish recommended by the manufacturer of the material being polished. E. Schedule final cleaning as approved by the Architect to enable the Owner to accept a completely clean Work. 3.3 CLEANING DURING OWNER'S OCCUPANCY A. Should the Owner occupy the Work or any portion thereof prior to its completion by the Contractor and acceptance by the Owner, responsibilities for interim and final cleaning shall be as determined by the Architect in accordance with the General Conditions of the Contract. END OF SECTION Cleaning 01710 - 3 1 1 SECTION 01720 1 PROJECT RECORD DOCUMENTS PART 1- GENERAL 1.1 DESCRIPTION A. Work included: 1. Throughout progress of the Work, maintain an accurate record of changes in the Contract Documents, as described in Article 3.1 below. ' 2. Upon completion of the Work, transfer the recorded changes to a set of Record Documents, as described in Article 3.2 below and Clause 15 of the General Provisions. 3. Prior to installation of Asphalt provide the Civil Engineer with as built elevations of all areas shown on the ' construction drawings including control points and existing bench marks. The Asphalt operation shall not commence until the contractor has secured approval from the Civil Engineer in writing. ' B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Provisions, Supplementary General Provisions, and Sections in Division 1 of these Specifications. 2. Other requirements affecting Project Record Documents may appear in pertinent other Sections of these Specifications. 1.2 QUALITY ASSURANCE A. Delegate the responsibility for maintenance of Record Documents to one person on the Contractor's ' staff as approved by the Architect. B. Accuracy of records: 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries ' on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may ' rely reasonably on information obtained from the approved Project Record Documents. C. Make entries within 24 hours after receipt of information that the change has occurred. 1.3 SUBMITTALS A. Comply with pertinent provisions of Section 01340. 1 B. The Architects approval of the current status of Project Record Documents may be a prerequisite to the Architects approval of requests of progress payment and request for final payment under the Contract. C. Prior to submitting each request for progress payment, secure the Architect's approval of the current status of the Project Record Documents. 1 D. Prior to submitting request for final payment, submit the final Project Record Documents to the Architect and secure his approval. 1.4 PRODUCT HANDLING 1 A. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. B. In the event of loss of recorded data use means necessary to again secure the data to the Architects approval. 1. Such means shall include, if necessary in the opinion of the Architect, removal and replacement of concealing materials. 2. In such case, provide replacements to the standards originally required by the Contract Documents. PART2- PRODUCTS 2.1 RECORD DOCUMENTS A. Job set Promptly following receipt of the Owner's Notice to Proceed, secure from the owner at no charge to the Contractor one complete set of all Documents comprising the Contract. B. As butts: Promptly following substantial completion of the project, submit to Architect one set of marked up bluelines with all as built conditions. Upon Architect's approval and return of the bluelines to the Contractor, the Contractor shall have made one set of "Vellum or Mylar Transpariencies" for Owner's record from an unmarked set of the contract drawings or from the Architects originals with his permission. After receipt of the transpariences the Contractor shall record all changes made to the project directly onto the transpariences. Record changes shall be made by a skilled draftsperson. Upon completion the Contractor shall deliver both the bluelines and the transpariescies to the Architect for delivery to owner. PART 3 - EXECUTION 3.1 MAINTENANCE OF JOB SET A. Immediately upon receipt of the job set described in Paragraph 2.1 -A above, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET." B. Preservation: 1. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set to the approval of the Architect. 2. Do not use the job set for any purpose except entry of new data and for review by the Architect, until start of transfer of data to final Project Record Documents. 3. Maintain the job set at the site of Work as that site is designated by the Architect. C. Making entries on Drawings: 1. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. 2. Date all entries. 3. Call attention to the entry by a "cloud" drawn around the areas or areas affected. 4. In the event of overlapping changes, use different colors for the overlapping changes. D. Make entries in the pertinent other Documents as approved by the Architect. E. Conversion of schematic layouts: 1. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, is shown schematically and is not intended to portray precise physical layout a. Final physical arrangement is determined by the Contractor, subject to the Architect's approval. Project Record Documents 01720 -2 b. However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. 2. Show on the job set of Record Drawings, by dimension accurate to within one inch, the centerline of each run of items such as are described in subparagraph 3.1 -E -1 above. a. Clearly identify the item by accurate note such as "cast iron drain," "gal. water," and the like. b. Show, by symbol or note, the vertical location of the item ( "under slab," "in ceiling plenum," "exposed," and the like). c. Make all identification sufficiently descriptive that it may be related reliably to the Specifications. 3. The Architect may waive the requirements for conversion of schematic layouts where, in the Architect's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the Architect. 3.2 FINAL PROJECT RECORD DOCUMENTS A. The purpose of the final Project Record Documents is to provide factual Information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation, and examination. B. Approval of recorded data prior to transfer: 1. Following receipt of the transparencies described in Paragraph 2.1 -B above, and prior to start of transfer of recorded data thereto, secure the Architect's approval of all recorded data. 2. Make required revisions with such expertise as may be required of a professional draftsman. C. Review and submittal: 1. Submit the completed set of Project Record Documents to the Architect as described in Paragraph 1,3 -D above. 2. Participate in review meetings as required. 3. Make required changes and promptly deliver the final Project Record Documents to the Architect. END OF SECTION SECTION 01730 OPERATION AND MAINTENANCE DATA PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Format and content of manuals. B. Instruction of Owner's personnel. C. Schedule of submittals. 1A2 RELATED REQUIREMENTS A. Section 01340 - Submittals and Substitutions: Submittals procedures. B. Section 01340 - Shop Drawings, Product Data, and Samples. C. Section 01400 - Quality Control: Manufacturer's instructions. D. Section 01660 - Testing, Adjusting, and Balancing of Environmental Systems: Test and balance reports. E. Section 01700 - Contract Closeout: Closeout procedures. F. Section 01700 - Contract Closeout: Project record documents. 01720 - Project Record Documents. G. Section 01700 - Contract Closeout: Warranties and bonds. 01740 - Warranties and Bonds. H. Individual Specifications Sections: Specific requirements for operation and maintenance data. 1.03 QUALITY ASSURANCE A. Prepare instructions and data by personnel experienced in maintenance and operation of described products. 1.04 FORMAT A. Prepare data in the form of an instructional manual. B. Binders: Commercial quality, 6-1/2 x 11 inch three -ring binders with hardback, cleanable, plastic covers; one inch maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; list title of Project and separate building; identify subject matter of contents. D. Arrange content by systems, process flow, under section numbers and sequence of Table of Contents of this Project Manual. E. Provide tabbed fly leaf for each separate product and system, with typed description of product and major component parts of equipment. F. Text: Manufacturer's printed data, or typewritten data on 20 pound paper. G. Drawings: Provide with reinforced punched binder tab. Bind in with text; fold larger drawings to size of text pages. 1.05 CONTENTS, EACH VOLUME A. Table of Contents: Provide title of Project; names, addresses, and telephone numbers of Architect and Contractor with name of responsible parties; schedule of products and systems, indexed to content of the volume. B. For Each Product or System: List names, addresses and telephone numbers of subcontractors and suppliers, including local source of supplies and replacement parts. C. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation; delete inapplicable information. D. Drawings: Supplement product data to Illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings. E. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions specified in Section 01400. F. Warranties and Bonds: Bind in copy of each. 1.06 MANUAL FOR MATERIALS AND FINISHES A. Building Products, Applied Materials, and Finishes: Include product data, with catalog number, size, composition, and color and texture designations. Provide information for re- ordering custom manufactured products. B. Instructions for Care and Maintenance: Include manufacturer's recommendations for cleaning agents and methods, precautions against detrimental agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture - protection and Weather - exposed Products: Include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional Requirements: As Specified in individual Specifications sections. E. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. Operation & Maintenance Data 01730 - 4 1.07 MANUAL FOR EQUIPMENT AND SYSTEMS A. Each Item of Equipment and Each System: Include description of unit or system, and component parts. Give function, normal operating characteristics, and limiting conditions. Include performance curves, with engineering data and tests, and complete nomenclature and commercial number of replaceable parts. B. Panelboard Circuit Directories: Provide electrical service characteristics, controls, and communications. (As Applicable) C, Include as- installed color coded wiring diagrams (as Applicable). D. Operating Procedures: Include start-up, break -in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut -down, and emergency instructions. Include summer, winter, and any special operating instructions. E. Maintenance Requirements: Include routine procedures and guide for trouble- shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. F. Provide servicing and lubrication schedule, and list of lubricants required. G. Include manufacturer's printed operation and maintenance instructions. H. Include sequence of operation by controls manufacturer. I. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. J. Provide as- installed control diagrams by controls manufacturer. K. Provide Contractor's coordination drawings, with as- installed color coded piping diagrams. L. Provide charts of valve tag numbers, with location and function of each valve, keyed to flow and control diagrams. M. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be main- tained in storage. N. Include test reports (as Applicable) as specified in Section 01660. O. Additional Requirements: As specked in individual Specifications sections. P. Provide a listing in Table of Contents for design data, with tabbed fly sheet and space for insertion of data. 1.08 INSTRUCTION OF OWNER PERSONNEL A. Before final inspection, instruct Owner's designated personnel in operation, adjustment, and maintenance of products, equipment, and systems, at agreed upon times. For equipment requiring seasonal operation, perform instructions for other seasons within six months of Data of Final Completion. B. Use operation and maintenance manuals as basis of instruction. Review contents of manual with Operation & Maintenance Data 01730 - 3 1.09 SUBMITTALS personnel in detail to explain all aspects of operation and maintenance. C. Prepare and insert additional data in Operation and Maintenance Manual when need for such data becomes apparent during instruction. A. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. Architect will review draft and return one copy with comments. B. For equipment, or component parts of equipment put into service during construction and operated by Owner, submit documents within ten days after acceptance. C. Submit one copy of completed volumes in final form 15 days prior to final inspection. Copy will be returned after final inspection, with Architect's comments. Revise content of documents as required prior to final submittal. D. Submit five copies of revised volumes of data in final form within ten days after final inspection. 1.10 SCHEDULE OF SUBMITTALS A. Not Used: B. Not Used: PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Operation & Maintenance Data 01730 - 4 SECTION 01740 WARRANTIES AND BONDS PART1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Preparation and submittal of warranties and bonds. B. Schedule of submittals. 1.02 RELATED REQUIREMENTS A. Document 00100 - Instruction to Bidders: Bid Bonds. B. Document 00700 - General Conditions: Performance Bond and Labor and Material Payment Bonds, Warranty, and Correction of Work. C. Section 01700 - Contract Closeout: Contract closeout procedures. D. Individual Specifications Sections: Warranties and bonds required for specific Products or work. 1.03 FORM OF SUBMITTALS A. Bind in commercial quality 8 -112 x 11 inch three -ring side binders, with hardback, cleanable, plastic covers. B. Label cover of each binder with typed or printed title WARRANTIES AND BONDS, with title of Project; name, address and telephone number of Contractor; and name of responsible principal. C. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the specification section in which specified, and the name of Product or work item. D. Separate each warranty or bond with index tab sheets keyed to the Table of Contents listing. Provide full information, using separate typed sheets as necessary. List subcontractor, supplier, and manufacturer, with name, address, and telephone number of responsible principal. 1.04 PREPARATION OF SUBMITTALS A. Obtain warranties and bonds, executed in duplicate by responsible subcontractors, suppliers, and manufacturers, within ten days after completion of the applicable Rem of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until the Date of Substantial completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. C. Co- execute submittals when required. D. Retain warranties and bonds until time specified for submittal. 1.05 TIME OF SUBMITTALS A. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within ten days after acceptance. B. Make other submittals within ten days after Date of Substantial Completion, prior to final Application for Payment. C. For items of Work when acceptance is delayed beyond Date of Substantial Completion, submit within ten days after acceptance, listing the date of acceptance as the beginning of the warranty period. 1.06 SCHEDULE OF SUBMITTALS A. System Layout B. Piping and Valve types & requirements C. Head & Trim requirements and Finishes D. Recommendations on alarm Systems PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION Warranties & Bonds 01740 - 2 WARRANTY BOND BOND NUMBER AMOUNT KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the "Principal ") as Principal, and the a Corporation duly organized under the laws of the State of and duly licensed to transact business in the State of (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK TEXAS (hereinafter called the "Obligee "), in the sum of dollars ($ ) for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. Sealed with our seals and dated this and day of , A.D. nineteen hundred WHEREAS, the said Principal has heretofore entered into a contract with Dated , 19� for construction of: WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas poatbid.mat/apm master PBD -8 WARRANTY BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be mill and void; otherwise shall remain in full force and effect. Principal Surety By: By: Title Title Address Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature postbidmstJspec muter PBD -9 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM/DDNY) LIMITS INSURER C. GENERAL LIABILITY INSURER E. EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY $175127192 01/01/00 01 /01 /01 FIREDAMAGE (Any onefre) $ 300000 CLAIMS MADE I X I OCCUR MED EXP (My one person) $ 5000 PERSONAL &AOV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 7 POLICY n 7JERCOT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO (Ea accident) $ IOOOOOO ALL OWNED AUTOS 175127208 01 /01 /00 01 /01 /01 BODILY INJURY $ X SCHEDULED AUTOS (Perperspn) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 1000000 A i1 OCCUR 1 I CLAIMS MADE 81069343046 01/01/00 01 /01 /01 AGGREGATE $ 1000000 DEDUCTIBLE $ X RETENTION $ 10000 5 WORKERS COMPENSATION AND I TORYILIMITS I IUER A EMPLOYERS LIABILITY ACWC016865 10/01/99 10 /01 /00 E.L. EACH ACCIDENT $ 500000 E.L. DISEASE • EA EMPLOYEE $ 500000 E.L. DISEASE • POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Round Rock is named as additional insured with respect to all policies except Workers Compnesation and Employers Liability ONEY -1 DATE (MMlDD W) ACORD, CERTIFICATE OF LIABILITY INSURANC� ID 20 01/19/00 PRODUCER - - � ' , r % - L) I - it' J Nieman Hanks Puryear Partners 515 Congress Ave. Suite 1300 Austin TX 78701 Phone: 512- 482 -0781 Fax:512 -482 -0200 ON Y AND CONFERS NO R G UPON HE INFORMATION HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Honeycutt Fire Systems, Inc. Don Honeycutt Indiv. 10109 G RcKalla Place Austin TX 78758 -0000 INSURERA American Cas CO of Reading, PA INSURER B; INSURER C. INSURER D: INSURER E. ROUNDRO City of Round Rock Joanne Land 221 E. Main Street Round Rock TX 78664 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAI RE TO DO SO ALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND THE INSUR AGENTS OR REPRESENTATIVES. C' COVERAGES TE HOLDER N ADDITIONAL INSURED INSURER LETTER: ACORD 25-S (7197) CANCELLATION ACORD cuti'UIKA I ION 1988 CERTIFICATE OF LIABILITY INSURANCE PRODUCER CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION NUMBER DATE DATE LTR GENERAL LIABILITY AUTOMOBILE LIABILITY B EXCESS t coBUrTti B1069343046 1 /1 /00 1 /1 /01 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY C ACW016865 10/1/99 10 /1 /00 OTHER CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joann Land C00 /C00Z '990.10 '5 saeetlS COMPANIES AFFORDING COVERAGE RECEIVED JAN 3 1 241J Nieman Hanks Puyear Partners A American Cas Co of Reading, PA 515 Congress Ave., Thirteenth Floor Austin, TX 78701 B Continental Cas. Co. INSURED Honeycutt Fire Systems, Inc. & Don Honeycutt, Ind. C Association Cas Ins. Co. 10109 G McKalla Place, Austin, TX 78758 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS /EXCEPTIONS . LIMITS Date: 1/75/2000 GENERAL AGGREGATE 5 2,000,000 PRODUCTS - COMP /OPAGG. S 2,000,000 A B175127192 1 /1 /00 1 /1 /01 P&RSONAL&.ADV.tNJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) S 300,000 MED. EXPENSE (Any one person) $ 5 COMBINED SINGLE LIMIT 5 1,000,000 B 175127208 1 /1 /00 1/1/01 BODILY INJURY (Pe person) s BODILY INJURY (Per accident) $ PROPERTY DAMAGE S EACFI OCCURRENCE 5 1,000,000 AGGREGATE $ 2,000,000 RFTF.NTTl1N 10,000 STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE • EACH EMPLOYEE $ 500,000 $ 500,000 $ 500,000 The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability Should any of the above described policies by cancelled or changed before the expiration data threof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SI AT OF AU ZED REPRES TATIVE Typed Name: Greq Mss role Title: prrrlr,r er / Owner= 9888 SSZ ZTS Q COOT 00 /0Z /TO V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING PRODUCER Nieman Hanks Puryear Division of Frost Ins Agcy Inc 515 Congress Ave. Suite 1300 Austin TX 78701 Phone:512- 473 -4520 Fax:512- 473 -4555 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR INSURERS AFFORDING COVERAGE MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH INSURER A: American Cas Co of Reading, PA POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURER C: Consumers County Mutual INSR L TYPE OF INSURANCE POLICY NUMBER DATE (MM/D DATE I MDD/YY) IRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY B175127192 01/01/00 01/01/01 FIRE DAMAGE (Any one fire) $ 100,000 CLAIMS MADE X1 OCCUR MED EXP (Any one person) $5,000 X Blkt Addl Insured PERSONAL BADV INJURY $ 1,000,000 X Waiver of Subrgtn GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY I T ] JEC n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B X ANY AUTO 1075127208 01/01/00 01 /01 /01 (Ea soddenl) BODILY INJURY $ ALL OWNED AUTOS X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 1000000 A X I OCCUR n CLAIMS MADE 31069343046 01 /01 /00 01/01/01 AGGREGATE $ 1000000 $ DEDUCTIBLE $ X RETENTION $ 25000 $ WORKERS COMPENSATION AND X I TORV I ER EMPLOYERS' LIABILITY 10/01/00 10/01/01 E.L,EACHACCIDENT $500,000 C AC – WC - 016865 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE • POLICY LIMIT $500,000 OTHER D Leased /Rented B1 75127211 01 /01 /00 01 /01 /01 Limit $20,000 Equipment Ded. $500 DESCRIPTION OF OPERATION S /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers Liability. Should any of the above described policies be cancelled or changed before expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below ONEY GATE (MhVDDNY) ACORD CERTIFICATE OF LIABILITY INSURANC� 60 10/02/00 PRODUCER Nieman Hanks Puryear Division of Frost Ins Agcy Inc 515 Congress Ave. Suite 1300 Austin TX 78701 Phone:512- 473 -4520 Fax:512- 473 -4555 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Honeycutt Fire Systems, Inc. Don Honeycutt, Individuallp 2340 Patterson Industrial Dr. Pflugerville TX 78660 INSURER A: American Cas Co of Reading, PA INSURER B: Continental Casualty Company INSURER C: Consumers County Mutual INSURERD: Trancontiniental Insurance Co INSURER E. .— ..... ......_..____.. _ I ..__..._...._... -- - cyRouND City of Round Rock fax 512 - 218 - 5563 Attn: Joanne Land 221 E. Main Street Round Rock TX 78664 SHOULD ANY OF THE EXPIRATION DATE THEREOF, 30 DAYS WRI ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE THE ISSUING INSURER WILL ENDEAVOR TO MAIL 5NOTICE TO T E CERTIFICATE HOLDER NAMED TO THE W SO SHA SE NO OBLIGATION OR LIABILITY OF RER. SOR REPRESENTA LEFT, BU AILU ANY KI • Gregory J. M erole, CIC • ^ ^^ ^^ ^ ^^ ^ ^•T ^• ^oQ ACORD 25-S (7/97) CANCELLA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTRR TYPE OF INSURANCE POLICY NUMBER POLICY A MM/DD/CVTIVEY) POLICY MWDW�YY) LIMITS INSURER A: AmeriCan CaS CO of Raading,PA GENERAL LIABILITY INSURER C: Transportation IIISIIranCe CO INSURERD: Trancontiniental Insurance Co INSURER E EACH OCCURRENCE $1000000 A X COMMERCIAL GENERAL LIABILITY B175127192 01/01/01 01/01/02 FIRE DAMAGE (Any we MO $ 100000 CLAIMS MADE I XI OCCUR MED EXP (Any one person) $ 5000 X Contractual — Broad PERSONAL B ADV INJURY $1000000 X Waiver of Subrgtn GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE OMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 — 7 POLICY I jE n LOC PD -Broad AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X ANY AUTO 1075127208 01/01/01 01/01/02 (E'''''''') $ 1000000 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE UABIUTY AUTO ONLY • EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $1000000 A X I OCCUR u CLAIMS MADE H1069343046 01/01/01 01/01/02 AGGREGATE $ 1000000 $ DEDUCTIBLE $ X RETENTION $ 25000 $ WORKERS COMPENSATION AND X I TORY LIMITS I IUER C EMPLOYERS LIABILITY 1098491202 10/01/01 10/01/02 E.L. EACH ACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE • POLICY LIMB $ 500000 OTHER A Leased /Rented 8175127192 01/01/01 01/01/02 Limit $20000 Equipment Ded. $500 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Round Rock is named as additional insured with respect to all policies except Workers Campneeation and Employers Liability ACORD CERTIFICATE OF LIABILITY INSURANCF„D OP ID 59 DATE (MMDOTYT NEY -1 10 /01 /01 PRODUCER Nieman Hanks Puryear Division of Frost Ins Agcy Inc 515 Congress Ave 13th Floor Austin TX 78701 Phone: 512- 473 -4520 Fax:512- 473 -4555 �' i �' ® THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. �? LQ�l1RERS AFFORDING COVERAGE OCT INSURED "' Honeycutt Fire Systems, Inc. Don Honeycutt, Individually 2340 Patterson Industrial Dr. Pflugerville TX 78660 I INSURER A: AmeriCan CaS CO of Raading,PA INSURER B: Continental Casualty Company INSURER C: Transportation IIISIIranCe CO INSURERD: Trancontiniental Insurance Co INSURER E ROUNDRO City of Round Rock Joanne Land 221 E. Main Street Round Rock TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION WILL ENDEAVOR TO MAIL DAYS WRITTEN DATE THEREOF, THE ISSUING INSURER _ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTAT S ' AUTH IZED $ENTATIVE Gr o11 se , CIC p' RTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: ACORD 25-5 (7197) CANCELLATION ORATION 1988 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDNY) POLICY EXPIRATION DATE (MWDD/YY) LIMITS INSURER C: Transportation Insurance CO GENERAL LIABIUTY INSURER E: EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL L�IABILITY 5175127192 01/01/01 01/01/02 FIRE DAMAGE (Any one tire) $ 100000 CLAIMS MADE I OCCUR ^ I MED EXP (Any one person) $ 5000 X Contractual - Broad PERSONAL BADV INJURY $ 1000000 X Waiver Of Subrgtn GENERAL AGGREGATE S 2000000 GENII_ AGGREGATE UNIT APPLIES PER n POLICY x l PRO- n LOC JECT PRODUCTS - COMP/OP AGG $ 2000000 PD -Broad AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 B X ANY AUTO 1075127208 01/01/01 01/01/02 (Ea accident) ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY HcideM) DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ LIABILITY EACH OCCURRENCE $ 1000000 A � EXCESS A OCCUR n CLAIMS 51069343046 01/01/01 01/01/02 AGGREGATE $ 1000000 DEDUCTIBLE'' - $ X RETENTION $ 25000 $ WORKERS COMPENSATION AND I. S MI IV. X1 T LIMITS I EH C EMPLOYERS' LIABILITY 1098491202 10/01/01 10/01/02 EL.EACHACCIDENT $500000 E.L. DISEASE - EA EMPLOYEE S 500000 EL DISEASE - POLICY LIMIT $ 500000 OTHER A Leased /Rented 5175127192 01 /01 /01 01/01/02 Limit $20000 Equipment Ded. $500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLE $/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers Liability. Should any of the above described policies be cancelled or changed before expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below ACORD CERTIFICATE OF LIABILITY INSURANCk. OP ID 59 DATE (MM DDNY) NEY -1 10/01/01 PRODUCER Nieman Hanks Puryear Division of Frost Ins Agcy Inc • 515 Congress Ave 13th Floor Austin TX 78701 Phone:512- 473 -4520 Fax:512- 473 -4555 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Honeycutt Fire Systems, Inc. Don Honeycutt, Individially 2340 Patterson Industrial Dr. Pflugerville TX 78660 INSURER PL American Cas Co of Reading, PA INSURERS: Continental Casualty Company INSURER C: Transportation Insurance CO INSURER D: Trancont$.niental Insurance Co INSURER E: __.. - - - _ ' - cyRouND City of Round Rock fax 512 - 218 - 5563 Attn: Joanne Land 221 E. Main Street Round Rock TX 78664 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3.0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION R LIABIUTY 0 ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZ P ATIVE Grego 1011: ,0 0;". ADDITIONAL INSURED; INSURER LETTER: ACORD 25.5 (7/97) CANCELLATION THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS - INTRR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDNY)E POLICY (MXM/DD/YYJ/N LIMITS INSURER C: Royal Surplus Lines Ins Co GENERAL LIABILITY INSURER E: EACH OCCURRENCE $ 1,000,000 C X COMMERCIAL GENERAL LIABILITY KHA100564 01/01/02 01/01/03 FIRE DAMAGE (Any one lire) $50,000 CLAIMS MADE I X I OCCUR MED EXP (Any one person) $ 5, 00 0 X Contractual -Broad PERSONAL BADV INJURY $ 1,000,000 X Waiver of Subrgtn GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 7 POLICY j ECT n LOC PD — Broad AUTOMOBILE LIABILITY COMBINED SINGLE LIMO A X ANY AUTO BINDER #4862 01/01/02 01/01/03 (Eeaccdent) $ 1000000 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON.OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABIUTY AUTO ONLY • EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ LIABILITY EACH OCCURRENCE 61,000,000 C E XCESS A ( OCCUR 1 I CLAIMS MADE KHN016973 01/01/02 01/01/03 AGGREGATE $ 1,000,000 DEDUCTIBLE $ X RETENTION $ 10,0 00 $ WORKERS COMPENSATION AND X I w UM TS I IOER B EMPLOYERS' LIABILITY TX170- 23073 -00 -00 10/01/01 10/01/02 E.LEACHACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE • POLICY LIMIT $ 500000 OTHER A Leased /Rented BINDER 01/01/02 01/01/03 Limit $20000 Equipment Ded. $500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Round Rock is named as additional insured with respect to all policies except Workers Compnesation and Employers Liability ACORD CERTIFICATE OF LIABILITY INSURA 0 OP ID 59 ^+ ATE (MM DO YYI� NEY -1 01/09/02 PRODUCER Nieman Hanks Puryear Division of Frost Ins Agcy Inc 515 Congress Ave 13th Floor Austin TX 78701 Phone:512 -473 -4520 Fax:512- 473 -4555 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Honeycutt Fire Systems, L.P. Don Honeycutt, Individually 2340 Paterson Industrial Dr. Pflugerville TX 78660 INSURER A. Hartford Insurance Group INSURER B. V.S. Specialty Insurance Co INSURER C: Royal Surplus Lines Ins Co INSURER D: INSURER E: ROUNDRO City of Round Rock Joanne Land 221 E. Main Street Round Rock TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3_0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO Or IGATION OR ITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESE S. . AUTHO RESEN Gr -g' J. ,, . , d2 = � "- /> - OiISC� COVERAGES CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: ACORD 25-S (7/97) CANCELLATION LORD CORPORATION 1988 —� Lit C TYPE OF INSURANCE POLICY NUMBER DATE ( Dml d T DATE (MMDOM/) LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY XHA100564 01/01/02 01/01/03 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fee) $50,000 f.LAIMS MADE MC OCCUR MEO EXP (Anyone Person) S 5 , 000 X Contractual -Broad X Waiver of Subrgtn GEHL AGGREGATE LIMIT APPLIES PER POLICY l a l 281 LGC PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 PD - Broad _ 7 A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS 6517131412X3451 3451 01/01/02 01/01/03 COMBINED SINGLE LIMIT (ESec&dent) $ 1000000 50011_1 INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per ersitlenl) $ -- GARAGE LMBILTTY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG 5 C MESS LABILITY OCCUR fl CLAIMS MADE j DEDUCTIBLE X RETENTION $ 10, 000 'CH14016973 WC2003236 01/01/02 10/01/02 01/01/03 10/01/03 EACH OCCURRENCE $1,000,000 AGGREGATE 51,000,000 $ $ • X TORY LIMITS G ER $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E.L, EACH ACCIDENT $ 500000 E.L. DISEASE• EA EMPLOYEE 5500000 E.L DISEASE - POLICY LIMIT 5500000 — D OTHER Leased /Rented Equipment enoN$NEHICLESIEXCLU51ON5 650IIN0X2771 ADDED BY ENDORSEMENT/SPECIAL 01/01/02 PROVISIONS 01/01/03 Limit $20000 Ded. $500 4CORD CERTIFICATE OF LIABILITY INSURANCE� Y l� 59 PRODUCER Nieman Hanks Puryear `, .. '' lL Division of Frost Inc Agcy Sn� 515 Congress Ave 13th Floor Austin TX 78701 - Phone: 512- 473 -45 Fax: 512- 473 -4555 INSURED - kvu' Honeycutt Fire Sysl: ems, L.P. on Honeycutt, i Pfluger T 78660ri a1 _ sadividuallyp Dr. CERTIFICATE HOLDER ACORD 255 (7197) R: ADDITIONAL INSURED; INSURER LETTE DATE I M MDD IYY) 10/01/02 RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ''JO D CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER a Ameri sure INSURERS AFFORDING COVERAGE URERA Twin City Fire Ins Co INSURER C: Royal Surplus Lines Inc Co INSURER D: Hartford Lloyd's Ins Co INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY pERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED ELY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE MMD LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, The City of Round Rock is named as additional insured with respect to all policies except Workers Compnesation and Employers Liability Y City of Round Rock Joanne Land 221 E. Main Street Round Rock TX 78664 ROONDRO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3_a_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. CANCELLATION ® ACORD CORPORATION 1988 A_ CORD. CERTIFICATE OF LIABILITY INSURANCE „f;21 59 ° 0/01/02 PRODYCER Rieman Ranks Puryear ., , C Divieion of !root Ina Agcy Tufa,.+.. - 515 Congress Ave 13th 'Floor �IL L �_ Austin TS 76701 _ 1 1 1f CJL 0h00e,512- 473 -4520 5ax:512- 473 -4555 TIFICATE IS ISSUE0 AS A MATTER OF INFORMATION =1:1 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, FRIEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Boaeycutt ! I r a S L.P. Don Eon ou Indlvid� all Pflugeat TX 76660 al P � r. IN� RER1 Twin City Piro IDs Co VLSURFAS Ameri0ure BOURFRC 00 Surplo0 Lines Ins Co FASURER D: Hartford Lloyd' Into Co INSURER E _ COVERAGES TIE POLICIE90F INSURANCE LISTED BELOW HAVE BEEN 55UE0 T° THE INSURED 0,000 000 0 E FORTHE PODGY PERIOD INDICTED. NOTWITHSTANDING ANY REOUIREHENT. TERM OR CONDITION DEWY CONTRACT DR OTHER OOCUMB01 WITH RESPECT 7O WHCH THIS CERTIFICATE WY BE LSSUE0 OR RAY PERTAW.DIE INSURANCE AFFOR0E0 BY THE POLICIES DESCRIBED MERSA 13 SUBJECT TO ALLTNETEAMS. MAMMA AND CCROMON6 OF SUCH LIMITS DRAYS AMY HAVE SEEN REDUCED 00 PAID CLAIMS. 001JCR5. LTR C AGGREGATE � • SBA RAL WORRY © comma. cease. LMaur Nv.... °E ` OCCUR in li�i .1,d J eYii!'I^�•'1. S1W100564 01/01/03 � OAS 0 01/01/03 UMIFS EACH OCCURRENCE 01.000,002 FIR (DAUACEUI15054U 150,000 MP*1DRA E0E0 15.000 PERSONAL B API INJURY 6 1.000,000 Contractual-Broad © Waiver 6tfbrgtn DENE0AL AGGREGATE 5 2,000,000 of GDR AGGREWTE LIDS APPLIES PER . P01ACY ©I LOC PRODUCTS- c0Mn00000 $ 2,000,000 PD -Broad A AUTOMOBILE LAWS, ©ANY AUTo ■ ALL OWNER AUTOS N SCMEDUL AUTOS © AREO AVMs © )4550WNEOMROS ■ 6508=3451 01 /01/02 - 01/01/03 COMNEOS,H....T IEi'. 51000000 00131, Dv PawNl BOGrYINN INZdd n° ` D AMAGE ENRAGE UM., ANY AUTO AUTO°NLY EA AGGOEM OTHERTNAH EA ACC b AUTD ONLr. S C Worn LABILITY j0CCUR ECLARSAUDE OEOUCTIBLE X RETERRON ' 10, 000 01921016973 01/01/02 01/01/03 L051050URRENCE AGGREGATE 01,000.000 1 1,000,000 1 B WORKERS COWEHSATI °NAND Pima/Ems Laelur. 00C2002236 10/01/02 10/01/03 //���� x LTORYLWi:s1 NR E.L. EACH ARCNAENT 1 500000 E.L. DISEASE. G EMPL0 VE6 b 500000 EL. DISEASE - POLILYUMR 5 500000 D DINER Leased /Rented Equipment 65OUNV %2771 01/01/02 01 /01/03 Limit $20000 Dad. $500 0ESCR111105 OF OPERLTRIHSJLOCAT0N0P 050LEDEACLLLMWAS The City of Round Rock policies except Workers ADDED BY EN°°RSEMBNTRPECI*L PROMS*. Lis named as additional insured with respect to all Co,AHneeaLion and Etsployere Liability CERTIFICATE HOLDER 1 Y aonmo,A1 007*: ASUROALETTEIL CANCELLATION ROONDRO City of Round Rock Jeanne Land 221 E. Rein Street Round Rock TX 70664 I 3000M ANY OF THE 1900E 06500,8.10 005001 BE CANCELLER BEFORE THE 60PIMTI014 SATE THEREOF, INC I351JINC Daman WILL BNOE0VOR TO K. 31L eelwaaRe, NOTICE TOTNE CERTIFICATE IgWFR NAMED TO 00010011, BUT FARM 70 °040 5NALL 4000E NOO1UGATIDN OR LNdUTY OF ANY IMDUPO0 IRE ADAM TJa AGENTS OR R EPRFSertARAD. T TME �iCr 1 * * * * * ** * * * * ** ** -COMM- JOURNAL- * * * * * * * * * * * * * * * * * ** DATE OCT -04 -2002 * * *** TIME 15 *5* P.01 5TART= OCT -04 15:29 END= OCT -04 1532 MODE = MEMORY TRANSMISSION FILE NO.= 200 STN N0. COM PSBR N0. STATION NPME /TEL.NO. PAGES DURATION 001 OK <08> PUBLIC WORKS 002/002 0001'04" 002 OK <09> SHEETS 002/002 0001'09" -CITY OF ROUND ROCK ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** - 5122187097 - * * * ** - 5122107097 * * * * *** ** ACORD 236 (7107) @ ACORO CORPORATW sass THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR LTR LT NSRC NSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM /D EFFECTIVE POLICY E (MMIDDM')N LIMITS INSURERB: Amerisure Mutual Ins Co GENERAL LIABILITY INSURER D: EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL LIABILITY K2HA101107 01/01/03 01/01/04 PREMIE's`(Ea=e) $50000 CLAIMS MADE I X I OCCUR MEDEXP(Anyonepereon) $ 5000 X Contractual — Broad PERSONAL S ADV INJURY $10 00000 X Waiver of Subrgtn GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP /OPAGG $ 200000 0 7 POLICY A PRO- I LOC JECT PD -Broad AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 B X X ANY AUTO 2005602 01 /01/03 01/01/04 (EaaCldent) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ J OCCUR u CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS 1 I H EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC200323601 10/01/03 10/01/04 E.L.EACHACCIDENT $500000 E.L. DISEASE - EA EMPLOYEE $ 500000 OFFICER/MEMBER EXCLUDED? H e CIAL PROVISIO NS below S PEC E.L. DISEASE- POLICY LIMIT $500000 OTHER B Leased /Rented IM2005880 01/01/03 01/01/04 Limit $20000 Equipment Ded. $500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS The City of Round Rock is named as additional insured with respect to all policies except Workers Compnesation and Employers Liability NEY OPID BD DATE (MM /DDNYYI) ACORD CERTIFICATE OF LIABILITY INSURANCE HONEY -2 10/02/03 PRODUCER Nieman Hanks Puryear Division of Frost Insurance Ag 515 Congress Ave., 13th Floor Austin TX 78701 Phone:512- 473 -4520 Fax:512- 473 -4555 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC INSURED Honeycutt Fire Systems, L.P. Don Honeycutt, Individually 2340 Patterson Industrial Dr. Pflugerville TX 78660 INSURER A: Royal Surplus Lines ins. CO. INSURERB: Amerisure Mutual Ins Co INSURER C. INSURER D: INSURER E. n 1 (� 1 ��� yy�� ^ T 0 City Of O k Joanne Land 221 E. Main Street Round Rock TX 78664 (� $1 ROUNDRO I'T (� `I � I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHORI EPR TATIVE m wrnen w TlnM sues ACORD 25 (2001 /08) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7NbR AWL SR[ TYPE OF INSURANCE POLICY NUMBER DATE (M// EFFECTIVE ) POLICY (MM/DO/YYO) N LIMITS INSURER B: Amerisure Mutual Ins Co GENERAL LIABILITY INSURER CI, EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERALLIABILTTY AFS250294350 01 /01/04 01 /01 /05 PUR MISES(Eaoccurence) $ 50000 CLAIMS MADE I X I OCCUR MED EXP (Any one person) $ 5000 X Contractual -Broad PERSONAL 8 ADV INJURY $ 1000000 X Waiver of Subrgtn GENERAL AGGREGATE $ 2000000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 POLICY Tai fl LOC In l PD -Broad AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X X ANY AUTO 2005602 01/01/04 01/01/05 (Eaacddent) s 1000000 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per aceldenl) X Comp Ded $250 PROPERTY DAMAGE $ X Coll Ded $1000 (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 1 1 CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ S WORKERS COMPENSATION AND 2 C14" ti I B EMPLOYERS' LIABILITY WC200323601 10/01/03 10/01/04 E.L. EACH ACCIDENT $ 500000 ANY OFFICER/MEMBER EXCLUDED� E.L. DISEASE - EA EMPLOYEE s 500000 K PEECU&P er NS below S CIAL PROOVISIVISIO E.L. DISEASE - POLICY LIMIT $ 500000 OTHER 8 Leased /Rented IM2005880 01/01/04 01/01/05 Limit $20000 Equipment Ded. $500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDEO BY ENDORSEMENT / SPECIAL PROVISIONS The City of Round Rock is named as additional insured with respect to all policies except Workers Compnesation and Employers Liability ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID BP DATE (MM DDMlYY) HONEY -2 01/02/04 PRODUCER Nieman Hanks Puryear Division of Frost Insurance Ag 515 Congress Ave. , 13th Floor Austin TX 78701 Phone:512- 473 -4520 Fax:512- 473 -4555 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC INSURED Honeycutt Fire Systems, L.P. 2340 Patterson Industrial Dr. Pflugerville TX 78660 INSURER A: Columbia Casualty /CNA INSURER B: Amerisure Mutual Ins Co INSURERC. INSURER CI, INSURER E: ROUNDRO City of Round ' •Ck Joanne Land 221 E. - - Street Round ck TX 78664 4 l . ) SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO , T ATIVE • RTIFICATE HOLDER ACORD CANCELLATION 8/ ACORD CORPORATION 1988 v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NAN LTR AUD'L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE (MDD/YY) POUCY EXPIRATION DATE (MMFDDIYY) LIMITS INSURER A. Am risure Mutual GENERAL LIABILITY INSURER C' EACH OCCURRENCE $1,000,000 B X X COMMERCIAL GENERAL LIABILITY K2HA101107 01/01/03 01/01/04 PREMISES(Eeocc. $50,000 CLAIMS MADE I A OCCUR MED EXP (Anyone person) $ 5 , 000 X Contractual — Broad PERSONAL BADV INJURY $1,000,000 X Waiver of Subrgtn GENERAL AGGREGATE $ 2,000,000 GEN'LAGGRE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY A 1 JEC LOC PD — Broad AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 A X X ANY AUTO 2005602 01/01/03 01/01/04 (6''''''') ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) (P ROPEERTY I DAMAGE GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $1,000,000 B X X OCCUR 1 ICLAIMSMADE K2HH019911 01/01/03 01/01/04 AGGREGATE $1,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X ITORYLIM S I I EMPLOYERS' LIABILITY 10/01/03 E.L. EACH ACCIDENT $ 500000 A ANY PROPRIETOR/PART NER/E %ECUTIVE WC2003236 10/01/02 EL. DISEASE - EA EMPLOYEE $ 500000 OFFICER/MEMBER EXCLUDED? S yee,daib SPEC IA PRO NS below E.L. DISEASE - POLICY LIMIT $500000 OTHER A Leased /Rented BINDER # 1398 01/01/03 01/01/04 Limit $20000 Equipment Ded. $500 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS The City of Round Rock is named as additional insured with respect to all policies except Workers Compnesation and Employers Liability LI ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID ACS DATE (MM DD VYYV) HONEY -2 12/31/02 PRODUCER Nieman Hanks Puryear (� Division of Frost Insurance Ag 515 Congress Ave., 13th Floor \ � Austin TX 78701 Phone:512- 473 -4520 Fax:512- 473 - 4555 1`x,11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION \, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE }" THIS CERTIFICATE DOES NOTAMEND, EXTEND OR TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERSAFFORDINGCOVERAGE NAIC# INSURED (\ v ' J� Honeycutt Fire Systems, L.P. Don Hone cutt, Individually 2340 Pat arson Industrial Dr. Pflugerville TX 78660 li J INSURER A. Am risure Mutual INSURERS: Royal Surplus Lines Ins. Co. INSURER C' INSURER D: INSURER E: ROD'NDRO City of Round Rock Joanne Land 221 E. Main Street Round Rock TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR EPR TATIVE ACORD 25 (2001/08) CANCELLATION AN U O Luur. RESOLUTION NO. R- 99- 12- 09 -13E3 WHEREAS, the City of Round Rock has duly advertised for bids for a Fire Protection Sprinkler System for Fire Station #5, Deepwood Site, and WHEREAS, Honeycutt Fire Systems, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Honeycutt Fire Systems, Inc., 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 Honeycutt Fire Systems, Inc. for a Fire Protection Sprinkler System for Fire Station #5, Deepwood Site, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 9th day of De •e , 1999. R;` AvvIL o Cold- ANNE LAND, City Secretary Ki\ WPOOCS \RESOLITTI \R,12O9ES.WP0 /sc T A. STLUKA 'JR., Mayor City of Round Rock, Texas THE STATE OF TEXAS § AGREEMENT COUNTY OF WILLIAMSON § THIS AGREEMENT, made and entered into this ZCTIi. day of law . ,19gg , by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Charles Culpepper, Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) AsNIEN((1 Ter FlP-E_. S of QL -j-14 , Texas, County of ` RA.V1S , and State of Texas, hereinafter termed CONTRACTOR WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements described as follows: po,ro;a.m.v.ceo FPE i,Iiq Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by ■1 • FAA C.1-i AEA . FAO( 5h AI2CEL1`I�c��S herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within calendar days after the date written notice to do so have been given to him, and to complete the same within Cn0 calendar days after the date of the written Notice to Proceed, subject to such extensions of time as are provided by the General and Special Conditions. PBD -1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. I_ CITY OF ROUND ROCK. TEXAS ' YCs7 T LAC - (OWNER) (CONTRACTOR) BY: ATTEST: Ro?bert .. suLl- a, Mayor (Typed name) (Title) City Secretary Corporate Seal mama. muter BY : PBD -2 ATTEST: r 7( Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State (The following to be executed if the Contractor is a Corporation.) 1 , certify that I am the Secretary of the Corporation named as Cont that i r T who signed this Contract on behalf of the Contractor was then •-L"r' (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within cope of its c orate powers. Signed: November 30, 1999 Mr. Larry Madsen, Public Works Constr. Mgr. City of Round Rock 2008 Enterprise Dr. Round Rock, Texas 78664 RE: Fire Station No. 5 (Fire Protection Sprinkler System) 350 Deepwood Dr. Round Rock, Texas 78681 Dear Mr. Madsen: J. Michael Faulk, Architects 8905 Joachim Lane Austin, Texas 78717 512/388 -6302 Fax: 512/218 -1349 The bid process for the above referenced project was completed November 23, 1999. Three (3) bids were received of five (5) prospective bidders. Bidders submitted pricing on one base bid and no alternates. All of the three (3) bidders were determined to be eligible and provided the required five percent (5 %) bid bond. Upon completion of the bid analysis, it was determined that "Honeycutt Fire Protection" was the low bidder for the referenced project "Fire Station No. 5 (Fire Protection Sprinlder System)." We have personally had experience with this company and find sufficient reason to recommend proceeding with the proposed project. Should you have any further questions or need for clarifications, please contact me. Cordially, J. Michael Faulk, RA file:840ow- 06.wpd DATE: December 3, 1999 SUBJECT: City Council Meeting — December 9, 1999 ITEM: 13.E.3. Consider a resolution authorizing the Mayor to execute a contract with Honeycutt Fire Systems, Inc. for a "Fire Protection Sprinkler System" at Fire Station #5 on Deepwood Drive. Three bids were submitted and Honeycutt Fire Systems, Inc. submitted the low bid of $24,000.00. Architect, Mike Faulk, has reviewed the qualifications of the contractor and along with the staff, recommends approval. Staff Resource Person: Jim Nuse, Public Works Director.