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R-99-12-09-13E4 - 12/9/1999WHEREAS, the City of Round Rock has duly advertised for bids for concrete paving at Fire Station #5, Deepwood Site, and WHEREAS, Chasco Contracting, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Chasco Contracting, 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 Chasco Contracting, Inc. for concrete paving at 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 RIsERT A. STLUKA, ., Mayor A EST: City of Round Rock, Texas J E LAND, City Secretary K: \W913OCS \RESOLUTI \R91209&9. WPD /SC RESOLUTION NO. R- 99- 12- 09 -13E4 THE STATE OF TEXAS AGREEMENT COUNTY OF WILLIAMSON THIS AGREEMENT, made and entered into this 9` day of December, 1999, by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Robert A. Stulka, Jr., Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) Chasco Contracting of Austin, Texas, County of Travis, 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: Concrete Paving (Parking and Drives) "Round Rock Fire Station Number Five" 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 J. Michael Faulk, Architects, 8905 Joachim Lane, Round Rock, Texas 78717, 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 ten (10) calendar days after the date written notice to do so have been given to him, and to complete the same within ten (10) 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 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 Chasco Contracting (OWNER) (CONTRACTOR) BY: BY: ATTEST: Robert A. Stulka, Jr. Mayor Chaz Glace its C.E.O. (Typed name) (Title) City Secretary (The following to be executed if the Contractor is a Corporation.) I, Susan A. Merriman, certify that I am the Secretary of the Corporation named as Contractor herein; that Chaz Glace, who signed this Contract on behalf of the Contractor was then C.E.O. (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 the scope of its corporate powers. Corporate Seal Signed: PBD -2 ATTEST: 574 Cc . /YI JU vh4�. Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State. November 30, 1999 Mr. Lany Madsen, Public Works Constr. Mgr. City of Round Rock 2008 Enterprise Dr. Round Rock, Texas 78664 RE: Fire Station No. 5 (Concrete Paving Rebid) 350 Deepwood Dr. Round Rock, Texas 78681 Dear Mr. Madsen: The bid process for the above referenced project was completed November 23, 1999. Five (5) bids were received of six (6) prospective bidders. Bidders submitted pricing on one base bid and no alternates. All of the five (5) bidders were detemrined to be eligible, having submitted correctly, acknowledged receipt of all addenda and included the required five percent (5 %) bid bond. Upon completion of the bid analysis, it was determined that "Chasco Contracting" was the low bidder for the referenced project "Fire Station No. 5 (Concrete Paving Rebid)." 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- 05.wpd J. Michael Faulk, Architects 8905 Joachim Lane Austin, Texas 78717 5121388 -6302 Fax 512/218 -1349 DATE: December 3, 1999 SUBJECT: City Council Meeting — December 9, 1999 ITEM: 13.E.4. Consider a resolution authorizing the Mayor to execute a contract with Chasco Contracting for concrete paving at Fire Station #5 on Deepwood Drive. Five bids were submitted and Chasco Contracting submitted the low bid of $52,345.00. 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. APPROVED BY CITYTORNEY PROJECT MANUAL INCLUDING SPECIFICATIONS FOR CONSTRUCTION OF CONCRETE PAVING (PARKING & DRIVES) "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#: 840a Date of Issue: October 21,1999 /C- qq / 0Q- 09 -6E9 SET NO. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint ROBERTJAMES NITSCHE, DAVID R FERGUSON, VIOLET FROSCH NINA SMITH and ROBERT K. NITSCHE of GIDDINGS, TEXAS its true and lawful Attomey(s )-in -Fact, with full power and authority to each of said Attomey(s) -in -Fact, in their separate oapaciry if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers. and hereby ratifies and confirms all that its said Attorney(s) -in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ( "the Company') as amended by the Board of Directors at a meeting duly celled and held on July 9, 1997, as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice-President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, recongnoances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION a- The President or any Vice - President or any Assistant Vice President acting with any Secretary or Assistant Secretary , shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such resident Vice-President, resident Assistant Secretary, or Attorney- in -FaO, and revoke the power and authority given to him. Resolved, Nar the signeOs s of such OMCen and the seal N the Company may be affixed ro arry s h power or attomeY or to any =meal. relating tnereto by facsimile, and any such power of attorney or 0PNfimte bearing such laoimile signawres or facsimile seal shall be valid and binding upon the Company and any such power so executed and ce95fied by tacsimils signatures and facsimile seal shall be valid and Ending upon the Company in the future with respect O any bond or undertaking to which h h In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice President. and its corporate seal to be hereto affixed, duly attested by its Secretary, this 15111 day of September, 1997. Attest HARTFORD FIRE INSURANCE COMPANY Richard A. Hermanson, Secretary STATE OF CONNECTICUT ss. COUNTY OF HARTFORD John F. Burke, Assistant Vice President On this 15th day of September, A.D. 1997, before me personally came John F. Burke, to me known, who being by me duly sworn, did depose and say7 that he resides in the County of Hertford, State of Connecticut; that he is the Assistant Vice- President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF CONNECTICUT } COUNTY OF HARTFORD Fero 53507 -9 (HI) Primed in U.S.A 55. CERTIFICATE Robert L Post, Secretary Jean A. Woadak Notary Pri tie My Coxmdssiaa Expires to 30, 1999 I, the undersigned, Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Atlomey, are now in force. Signed and sealed at the City of Hartford. Dated the 2 3RD day of NOVEMBER 19 9 9 ,P,z( Bid Bond Surety Department Bond No. KNOW ALL MEN BY THESE PRESENTS, That we, CHASCO CONTRACTING as Principal, hereinafter called the Principal, and the HARTFORD FIRE INSURANCE COMPANY , a corporation created and existing under the laws of the State of CONNECTICUT , whose principal office is in HARTFORD , as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF ROUND ROCK as Obligee, hereinafter called the Obligee, in the sum of 5% OF THE TOTAL AMOUNT BID Dollars ($- -5 % - ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddings or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Witness (¢auhawu Attest nr Corp o m6ou) Attes nl a- tcku P ROUND ROCK FIRE STATION #5 PAVING(PARKING & DRIVES) (Approved by the American Institute of Architects, A.I.A. Document No. A -310, 1970 Edition) Form S - 3266 - Printed in U.S.A. 12 -70 ITC HARTFORD 23 day of NOVEMBRRD 19 99 By CHASCO CONTRACTING (' ! ,i7 �dtvil (Title) CHAZ Hartford Fire Insurance Company - (SEAL) (SEAL) E, CEO (SEAL) (SEAL) (Firm Name) CHASCO CONTRACTING (Address) P 0 BOX 1 057, ROUND ROCK,, TX 78680 (Signature) (Name Typed) (Title) C.E.O. (SEAL IF BIDDER IS A CORPORATION) 00300 - 6 CHAZ GLAC END OF SECTION 1 1 1 1 1 1 1 1 PRINCIPALS: 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. 23. The names and addresses of all persons interested in this bid as Principals are as follows: 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 licqnsed in accordance with the requirements of the State of Texas, License number N/A Respectfully Submitted, this 23rd day of NOVEMBER iggg 00300 - 5 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. 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. 22. It is agreed that the undersigned has complied or will comply with all requirements of 00300 - 4 CUSCO tight :A s'a 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 listed below to be used for materials testing. A. Testing Allowance has been provided for elsewhere and shall not be considered in this contract. ADDENDA ACKNOWLEDGMENT: 5. The undersigned acknowledges receipt of the following addenda: (List by number and date appearing on addenda.) Addendum No. Date 1 l 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 (10) 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 clay 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: g. The undersigned agrees thatwhen changes in work are ordered which involve extra cast 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 less than five percent (5 %) of the total of the Base Bid and all add alternates. 00300 - 3 MASCO CC?4T '_,' 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 profrt, 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 altemates 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 ADDINGIDEDUCTING: 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) 00300 - 2 Dollars $ BID FORM: SECTION 00300 DATE: November 23rd, 1999 T1ME: 2:00 P.M. TO: Purchasing Agent The City Of Round Rock 221 East Main Street Round Rock, Texas 78664 FROM: CHASCO CONTRACTING P 0 BOX 1057 ROUND ROCK, TEXAS 78680 BIDDER ADDRESS CITY /STATE Operating as (strike out conditions that do not apply) an individual, Rg a Corporation, organized and existing under the law of the State of Texas,mufxgpARtzgptiRaRwkijeRsifiex5rxideky508tre BASE BID: 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 "Concrete Pavina(Parkina & Drives 1-11-1 - r1 T wo "Sct . i rCe_ r d✓ r �i ✓� Dollars $ 5 Z 34 5. 09 NOTE: It 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 00300 - 1 CI! MCa f33� r t 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 making 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 Government Code, and a payment bond in accordance with Section 2253.021(c). biddoc.mstispec BD - CHASCO cc © 1 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 - CF ASCO CCNTEV :.," 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 S25,000.00 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 biddac.msr/spec BD - CHASCO CCNT Tei'0 1 1 1 1 1 • 1 • 1 1 1 1 1 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. 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 biddac.mst'spec BD - MASCO CONTRAC k, _ PROJECT MANUAL INCLUDING SPECIFICATIONS FOR CONSTRUCTION OF CONCRETE PAVING (PARKING & DRIVES) "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#: 840a Date of Issue: October 21,1999 SET NO. 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 OC000.5 CONTRACTOR NOTE - PAGE - 1 SECTION 00001 PROJECT MANUAL INCLUDING SPECIFICATIONS FOR CONSTRUCTION OF CONCRETE PAVING (Parking & Drives) 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 5121388 -6302 Architect's Project#: 840a Date of Issue: October 21, 1999 OWNER: ARCHITECT: SOIL ENGINEER: SOIL TESTING: CMUSTRUCT. 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 Bidding and Contract Requirements: Division 1 - General Requirements: Division 2 - Site Work: 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 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 01700 Contract Closeout 1 -2 01710 Cleaning 1-3 01720 Project Record Documents 1 -3 01740 Warranties and Bonds 1-5 02514 Portland Cement Concrete Paving.. 1 -5 Division 3 - Concrete: 03200 Concrete Reinforcement. Division 4 - Masonry: (Not Used) Division 5 - Metals: (Not Used) 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) Division 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 1 -2 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 SECTION 00005 PLAN ROOMS 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: Concrete Paving (Parking & Drives) 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: 3:00 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 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 fmd 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-2 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 -3 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 making 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 Government Code, and a payment bond in accordance with Section 2253.021(c). biddoc.msUspec BD - Q15'MED J -13 uu;rh GENERAL GAMUT? A A A EXCESS [LABILITY CEI IT1FICATE OF LIABILITY INSURANCE tRC DUCER Insurance Network of Texas 143 E. Austin Giddings, Texas 78942 Chasco Contracting P.O. Box 1057 Round Rock, Texas 78680 TB :S IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business opc ations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the tornpanies, and further hereinafter described. Exceptions to the policies are noted below. CC TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LT I NUMBER DATE DATE C0N28343094 AUTOMOBILE LIABILITY C0N69926161 3 -9 -99 3 -9 -00 CON32661937 3 -9 -99 3 -9 -00 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER 3 -9 -99 3 -9 -00 WC995654 3 -9 -99 3 -9 -00 Il SCRLPTION OF OPERATIONS /LOCATION1/V 41CLESISPECIAL ITFI.SS/EXCEYIONS C: RTIFICATE HOLDER City of Round Rock 2IE. Main Svet Round Rock, Texas 71664 atm: Joanne Land COMPANIES AFFORDING COVERAGE A Maryland Casualty Company B Colonial Casualty Insurance c Date: 1 -5 -00 GENERAL AGGREGATE s 2,UUU ,000 PRODUCTS- COMP/OP AGO. s 2 ,000 ,000 PERSONAL & ADV. INJURY S 1,000 ,000 EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Any one fire) s 300,000 MED. EXPENSE (Any Ana perm) S 10,000 COMBINED SINGLE LIMIT S 1,000,000 BODILY INJURY (Per perm) S BODILY INJURY (Per accident) S PROPERTY DAMAGE 5 EACH OCCURRENCE S 10,000,000 AGGREGATE S 1 STATUTORY LIMITS EACH ACCIDENT S 1 ,000 ,000 DISEASE - POLICY LOATT $ 1,000,000 DISEASE• EACH EMPLOYEE S 1,000,000 T1 a City of Round Rock is named as adalmonal insured with respect to all polides except Workers' Campensadon and Employers' Liability. Should any ate at rve desobsd fades by cancelled or changed before the expiration data thereof, the issuing company w11 marl thirty (30) days written ooboo to the r ca[c hr der pealed below. SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: , ` Nitsche Title_ C): CERTIFICATE OFLIABtLITY INSURANCE Date: PRODUCER COMPANIES AFFORDING COVERAGE A B INSURED C 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. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY WORICERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS/EXCEPTIONS CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock. Texas 78664 attn: Joanne Land postbidmst/spec master PBD -7 Typed Name: Title: GENERAL AGGREGATE S PRODUCTS - COMP /OP AGG. S PERSONAL & ADV. INJURY S EACH OCCURRENCE S FIRE DAMAGE (Any one Fire) S MED. EXPENSE (Any one person) S COMBINED SINGLE LIMIT S BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) S PROPERTY DAMAGE S EACH OCCURRENCE S AGGREGATE S STATUTORY LIMITS EACH ACCIDENT S DISEASE • POLICY LIMIT S DISEASE - EACH EMPLOYEE 5 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 date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED REPRESENTATIVE TO: Purchasing Agent The City Of Round Rock 221 East Main Street Round Rock, Texas 78664 FROM: BASE BID: ALTERNATES: 00300 - 1 BID FORM: SECTION 00300 DATE: November 23rd, 1999 TIME: 2:00 P.M. BIDDER ADDRESS CITY /STATE Operating as (strike out conditions that do not apply) an individual, a Company, 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 "Concrete Pavina(Parkina & Drives Dollars $ NOTE: It 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. 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 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 ADDINGIDEDUCTING: 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 TESTING ALLOWANCE: 4. The undersigned acknowledges that included within the Base Bid is a sum listed below to be used for materials testing. A. Testing Allowance has been provided for elsewhere and shall not be considered in this contract. 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 (10) 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 less than five percent (5 %) of the total of the Base Bid and all add alternates. 00300 - 3 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. 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. 22. It is agreed that the undersigned has complied or will comply with all requirements of 00300 - 4 PRINCIPALS: 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. 23. The names and addresses of all persons interested in this bid as Principals are as follows: 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 number Respectfully Submitted, this day of , 19 . 00300 - 5 (SEAL IF BIDDER IS A CORPORATION) (Firm Name) (Address) (Signature) (Name Typed) (Title) 00300 - 6 END OF SECTION REFERENCES: SECTION 00500 AGREEMENT FOR CONSTRUCTION CONTRACT 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 9 day of December, 1999, by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Robert A. Stulka, Jr., Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) Chasco Contracting of Austin, Texas, County of Travis, 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: Concrete Paving (Parking and Drives) "Round Rock Fire Station Number Five" 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 J. Michael Faulk, Architects, 8905 Joachim Lane, Round Rock, Texas 78717, 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 ten (10) calendar days after the date written notice to do so have been given to him, and to complete the same within ten (10) 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 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 Chasco Contracting (CONTRACTOR) (OWNER) ATTEST: Mayor (The following to be executed if the Contractor is a Corporation.) I, Susan A. Merriman, certify that I am the Secretary of the Corporation named as Contractor herein; that Chaz Glace, who signed this Contract on behalf of the Contractor was then C.E.O. (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 the scope of its corporate powers. Corporate Seal BY: PBD -2 ATTEST: Chaz Glace its C.E.O. (Typed name) (Title) n /17?._l?,( Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State. Signed: (/Y'n 6. / k THE STATE OF TEXAS COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , 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) of , Texas, County of , 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: 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 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 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. postbid.mst/spec master 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 (OWNER) (CONTRACTOR) BY: BY: ATTEST: Charles Culpepper Mayor its (Typed name) ATTEST: City Secretary (The following to be executed if the Contractor is a Corporation.) I, , certify that I am the Secretary of the Corporation named as Contractor herein; that , who signed this Contract on behalf of the Contractor was then (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 the scope of its corporate powers. Corporate Seal postbidmstispec mater (Title) Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State Signed: PBD -2 REFERENCES: SECTION 00610 BID BOND FORM 1. If the Bid Guarantee is submitted in Bid Bond Form, the Bid Bond shall be in the form as bound herein. END OF SECTION BID BOND FORM 00610 - 1 BID BOND KNOW ALL MEN BY THESE PRESENTS THAT WE, as PRINCIPAL and as SURETY, are held and firmly bound unto the hereinafter referred to as the "OWNER ", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF for which bids are to be opened at the office of the OWNER on NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and manner required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him for signature, enters into a written agreement, substantially in the form contained in the Specifications, in accordance with the bid and files the town bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise, it shall be and remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgement is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's fee to be fixed by the Court. In WITNESS WHEREOF, we have hereunto set our hands and seals this day of Principal: Surety: By: By: (Seal) (Seal) biddoc.mst/spec BD - REFERENCES: SECTION 00620 PERFORMANCE AND LABOR AND MATERIAL PAYMENT BOND FORMS 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. 00620 -1 END OF SECTION PERFORMANCE AND LABOR AND MATERIAL PAYMENT BOND FORMS 1 1 1 1 1 7 1 1 1 1 1 1 1 1 1 THE STATE OF TEXAS COUNTY OF WILLL4MSON pcstbidmst/spec master PAYMENT BOND PBD -5 BOND // 65BCSAE2988 KNOW ALL MEN BY THESE PRESENTS: That CHASCO CONTRACTING , of the City of AUSTIN County of TRAVIS , and State of d � TEXAS as Principal, an E ANy authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of FIFTY TWO THOUSAND THREE HUNDRED FORTY FIVE AND N0 /100 - -- Dollars (5 52,345.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 9TH day of DECEMBER , 199, to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: CONCRETE PAVING (PARKING AND DRIVES) "ROUND ROCK FIRE STATION NUMBER FIVE NOW, THEREFORE, THE CONDITION OF THLS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. 1 1 1 1 1 1 1 1 1 1 1 1 1 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 5TH day of JANUARY , X9 2000 CHASCO CONTRACTING Principal Surety By: Title P.O. BOX 1067 Address ROUND ROCK, TEXAS 78680 Resident Agent of Surety: INSURANCE NETWORK OF TEXAS Printed Name 143 EAST AUSTIN Address GIDDINGS, TEXAS 78942 City, State & Zip Code Signature postbid.msNspee tauter PBD -6 HARTFORD FTRF TNSIIRANf F rnMPAAIY Title Address By: NINA SMITH A ATTORNEY -IN -FACT P.0 ROX 4611 HOUSTON, TEXAS 77210 THE STATE OF TEXAS COUNTY OF WILLIAMSON postbid.mst/spee master PERFORMANCE BOND BOND 11 65BCSAE2988 KNOWALLMENBYTHESEPRESENTS: ThatCHASCO CONTRACTING of the City of AUSTIN , County of TRAVIS , and State of TEXAS , as Principal, and- ARTFORD FIRE INSURANCE Corized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of FIFTY TWO THOUSAND THREE HUNDRED FORTY FIVE & NO /100 -- -dollars ($ 52,345.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 9TH day of DECEMBER , 1999 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: CONCRETE PAVING (PARKING AND DRIVES) "ROUND ROCK FIRE STATION NUMBER FIVE NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. PBD -3 J 1 _I 1 1 1 l 1 1 1 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5TH day of JANUARY 71/9200Q CHASCO CONTRACTING HARTFORD FIRE INSURANCE COMPANY Principal Surety By: Title r P.O. BOX 1057 P.O. BOX 4611 Address Address ROUND ROCK, TEXAS 77860 Resident Agent of Surety: INSURANCE NETWORK OF TEXAS Printed Name 143 EAST AUSTIN Address GIDDINGS, TX 78942 City, State & Zip Code Signature postbid.mstispec master PBD -4 By: N A SMITH ATTORNEY -IN -FACT Title HOUSTON, TEXAS 77210 Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duty organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford. County of Hartford. State of Connecticut, does hereby make, constitute and appoint its true and lawful Attomey(s) -in -Fact, with full power and authority to each of said Attomey(s) -in -Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s )-in -Fact may do in pursuance hereof_ This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ( °the Company') as amended by the Board of Directors al a meeting duly called and held on July 9, 1997, as follows: SECTION 7. The President or any Vice President or Assistant Vice- President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, recongnizances, contracts of indemnity and otherwrilings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. • SECTION 8. The President or any Vice - President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attomeys -in -Fact and at any time to remove any such resident Vice-President, resident Assistant Secretary, or Attorney-in-Fact, and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice- President. and its corporate seal to be hereto affixed, duly attested by its Secretary, this 141h day of May. 1999. Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT} SS. COUNTY OF HARTFORD Richard L. Marshall, Jr., Assistant Secretary Form S- 3507 -9 (HE) Printed in HARTFORD FIRE INSURANCE COMPANY ROBERT JAMES NITSCHE, DAVID P. FERGUSON. VIOLET FROSCH, NINA SMITH and ROBERT K. NITSCHE of GIDDINGS, TEXAS Hartford Vac-0 u-46-4-g,- Hartford, Connecticut POWER OF ATTORNEY ARTICLE IV On this 14th day of May, A.D. 1999, before me personally came Robert L. Post, to me known, who being by me duly sworn, did depose and say that he resides in the County of Hartford, State of Connecticut, that he is the Assistant Viice- President of HARTFORD FIRE INSURANCE COMPANY. the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE HARTFORD FIRE INSURANCE COMPANY /0/ Robert L. Post, Assistant Vice President I. the undersigned, Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in lull force and has not been revoked; and furthermore, that Article IV, Sections 7 and a of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth M the Power of Attomey, are now in force, Signed and sealed at the City of Hartford. Dated the 5TH deyof JANUARY XIN 2000 Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 4.1 ,C J. Dennis Lane, Assistant Vice President THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of as Principal, and authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of dollars ($ ) for the payment whereof well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of , 19_ to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. postbid.mst/spee master PBD -3 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 19 Principal Surety By: By: Title Title Address Address Resident Agent of Surety: Printed Name Address City, State & Zip Code Signature postbiamsdspec master PBD -4 THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That , of the City of , County of , and State of as Principal, and authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Dollars ($ ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 19� to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. postbidmst'peo master PBD -5 1 1 PAYMENT BOND (continued) 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contact, or to the work performed thereunder, or the plans, t specifications or drawings accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 1 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of , 19 1 1 Principal Surety 1 By: By: 1 Title Title 1 Address Address 1 Resident Agent of Surety: 1 Printed Name 1 Address City, State & Zip Code 1 Signature 1 postbi t/spee master PBD -6 1 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 THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 0401. 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, C 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 PROPERTY 1.1. 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 THE CONTRACT DOCUMENTS ARTICLE I GENERAL PROVISIONS 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 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 Architects 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. '.. 1.4 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 fully performed. all of the Work has been completed and a final Certificate for Payment approved by the Owner has been issued by 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 #2 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 them 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 drawinc and details take precedence over smaller scale drawings. and figured dimensions take precedence over scaled dimensions. Where figured dimensions are not indicated, scaled dimensions may be used upon approval bv the Architect. The Contractor shall verify all dimensions both figured and scaled. bv 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. 1.2.3 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 1,3.1 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 "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 requint. 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 Architect's 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, oe rcqucst, 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 Architect's consultants, and copies thereof furnished 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 Owner, Architect and thc Architect'; consultant:. 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 Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies 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 #3 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. .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 part by any 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 m the Agreement and is referred to throughout the Contract Documents as if singular in number. respect t all matters requiring the Owner's approval r authorization. Except ac therwiso provided in Subparagraph 1.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. 2,-1 -2 The wner shall furnish t the C ntract r within fifteen days after receipt f a written request, inf rmati n nccerary and relevant rcc rd legal title to tho property on which th Project is located, usually referred to as the site, and the Owner's interest therein. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the written request of tho Contractor, prior to coramencoment of the Work and therzaftcr, furnish to tho Contractor r asonablc evidcncc that financial arrangcmcnts have been made to fulfill the Owner's obligations under the Contract. Furnishing f such evidence shall be a condition precedent to c mmcncemcnt or continuati n f the Work. After such evidence has bccn furnished, the Owner shall not materially vary such financial arrangements without prior notice to thc Contractor. 2.2.2 Except for permits and fees, including those required under Subparagraph 3.7.1, which are the responsibility of the Contractor trader 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 other information or services relevant to thc Contractor's performance of the Work under the Owner's control shall be furnished by thc Owner after reccipt from the Contractor of a written request for such information or service ^. 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-.1- If the C ntractor fails to correct W rk which is not in acc rdancc with the requirements f the Contract Documents as required to the Contractor to stop the Work, or any portion thereof, until thc cause for such order has bccn eliminated; howover, thc right of tho 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 54 Owner t stop the Work shall not give rise to a duty OR the part of thc Owner to exercis this right for the benefit of thc Contractor or any other person or entity, except t the extent required by Subparagraph 6.12. 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 by Article 3 of the Agreement or is in default of any 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 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 anv other person or entity. This right shall be in addition to. and not in restriction of. the Owner's rights under Paragraph 12.2. 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 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven - day period 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 a three day period. If thc Contractor within such three day period after receipt of such second n ticc fails to c mmence and continue t correct any deficiencies, the OwRCr 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 reaconablo 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 the Owner and amounts charged to the Contractor arc both subject to prior appr val of thc 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. 3.1 GENERAL ARTICLE 3 CONTRACTOR 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. 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 Architect's 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 Subparagaph 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 Format A201 -1997 User Document: A201.DOC -- 2/9/1999, AIA License Number 111808, which expires on 2/28/2000 -- Page #5 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. 3.2.2 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 32.1 and 32.2, 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 damaoed 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 Toss 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 (I) 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 was 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. 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 #6 1 3 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. rt 3 The C ntractor may make substituti ns my with the consent of the Owner, after evaluation by the Architect and in accordance with a Change 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 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 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 any) where the Contractor becomes obligated to correct defective Work, the one (1) year warranty period specified shall automatically be renewed and recommenced. becrinning 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 building(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 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 07 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. 1.6 TAXES 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 are received r ncg tiati as c acludcd, whether r n t yet effective r merely scheduled t 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. when bids are received or negotiations concludod. Notwithstanding the foregoing. the Contractor shall procure all certificates of inspection, use, occupancy, permits and licenses, pay all charges 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 Proiect Site. which charges and fees are to be paid by Owner) and oive 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 not the Contractor's responsibility t ascertain that the Contract Documents are in accordance 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 Nithout such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable te- serrentien. 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: allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required 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. 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.N., WASHINGTON, D.C. 20006 -5292. WARNING; Unlicensed photocopying violates US. 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 #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 . 1e as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly 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 superintendent approved by the Owner in accordance with the Contract. 3.10 CONTRACTORS CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's infeFalatten 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. 3.10.3 The Contractor shall perform the Work in general accordance 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 MA 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 #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 retumed by the Architect without action. ,.l2.6 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. 3.12.1 1 Shop drawings 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. 3.1213 Prior to Final Payment. and as a condition of Final Payment, the Contractor shall submit to Owner two (2) complete sets of "as built" drawings. 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 INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNDIG: 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 #10 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. .,.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 consent shall not be unr asonably 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 3.15.1 The Contractor shall at all times keep the premises and surrounding area free from accumulation of waste materials ee 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 damaeed or broken glass and at completion of the Work shall replace such damaeed 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, cabinetworLand 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 Toss 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 reason to believe when, exercising the skill and attention required of Contractor hereunder knows or should have lmown 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. -1 IPIDCMNII'ICATION pr vidcd that such claim, damage, I ss r expense is attributable t b dily injury, sickn x, die ace r death, r t injury to r destruction f tan:blc pr perty ( ther than the W rk itself), but my t the extent caused by thc negligent acts r missi ns f the C ntract r, a such claim, damage, 1 ss r asp nee is caused in part by a party indemnifi d her and r. Such bligati n shall n t be c nstrued t negate, abridge, r roduco thor rights or obligati ns of indemnity which would otherwise xist as to a party r person described in this Paragraph MA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN LNSTTUTE 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 0 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 #11 3.18.2 In claims against any person or cntity indemnified under this Paragraph 3.18 by an employee of the C ntract r, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts thoy may be liable, the indemnification obligation under Subparagraph 3.18.1 shall not be limited by a limitation on amount r type of damages, compensation or benefits payable by or for the Contractor r a Subcontract r under w ricer's compensation acts, disability benefit acts or other cmpl ycc bcncfit acts. 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 Architect's 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. 4.1-3 Dirties, responsibilities and limitations f authority of the Architect as sot forth in the Contract D curncnts shall not bo restricted, in dificd r extended without written consent f the Owner, C ntractor and Architect. Consent shall not be unreasonably withheld. 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 loner 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 way 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 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 any other persons performing portions of the Work. 1.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom thc Contractor has no reasonable 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 Owner's representative (1) during constructi n, (2) until final payment is due and (3) with thc Owner's concurrence, from time to time during the one y ar period for correction of Wori: 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. 4.2.2 The Architect, as a representative of tho Owner, will regularly visit the site at intervals appropriate to tho stage of the Contractor's operations (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 g eneral if the Work is being performed in a manner indicating that the Work when fully completed, will be in accordance with the Contract Documents. °o °° °- the The Architect will not be required to make exhaustive or continuous 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. I. AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA • COPYRIGHT 1997 - THE AMERICAN INSTTFL'TE 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 42.2.1 On the basis of on -site observations. the Architect will keep the Owner informed of proeress 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 ,ontractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. However. the 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 known or should have reasonably been discovered by Architect. 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 endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architects consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.4.1 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. 4 Based n the Architect's evalaati ns of the Contractor's Applications f r Payment, the Architect will review and certify the amounts du the Contractor and will issue Certificates f r Payment in such amounts. 4.2.5 Based on the Architects observations and evaluations of the progress and quality of the Work and Contractor's Applications for 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 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. IL,wover, neither this authority of the Architect n r a decisi n mad in g d faith tither t exercise r n t t exercise such auth rity shall give rise t a duty r resp nsibility f the Architect to the Contractor, Subcontract rs, material and equipment suppliers, their agents or employees, or other persons or entities crf rming p rtions f the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, bet 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 Architects 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 Architects 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 fmal 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 A205- 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 413 set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's 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 .,f the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect 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 Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, and will not show partiality to either and will not be liable for results of interpretations or decisions co rendered in good faith. 4=13 The Architect's dccisi as on matters relating t aesthetic effect will be final if c nsictent with the intent expressed in th Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or 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 includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated 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. .3.4 Claims for Concealed or Unknown Conditions. Contractor represents that it has fully investieated all physical aspects of the Protect 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 foreooine. if conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unlmown 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 increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the 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. 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 #14 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 r (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. In the event any Claim for additional cost hereunder shall increase the Contract Sum by greater than ten percent (10 %), the Owner may terminate the Contract Documents without being liable for damages to the Contractor, the Architect or any employees. agents. subcontractors or anv other persons or parties related thereto except to the extent of the cost of such out -of- pocket expenses reasonably incurred by Contractor. 4,3.61 WAIVER OF CLAIMS: FINAL PAYMENT The making of Final Payment shall not constitute a waiver of any Claims by the Owner. 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. I 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 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 Limo not exceeding 21 ten (10) days after discovery. I The notice shall provide sufficient detail to enable the other parry 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: l damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for Toss 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. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 1 4.4.1 Decision of Architect. Paragraphs 10.3 through 10.5, shall Any Claim may. upon request of Owner, be referred initially to the Architect for decision. An initial ' decision by the Architect shall be required as a c nditi n precedent t mcdiati n, arbitration or litigation f all Claims between thc Contractor and wncr arising pri r to thc datc final payment is due, antes., 30 days have passed after the Claim has bccn referred to the Architect with n decision having been rendered by thc Architect. The Architect will not decide disputes between the Contractor and 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 iscrcti a, it w uld be iaappr priate f r thc Architect t res lv th Claim. 4.4 .2 The Architect (ifthe matter is referred to the Architect for initial decision) will review Claims and within ten (10) days after receipt of a Claim will either (I) 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 foregoing and daffy further evidence provided to the Architect, the Claimant shall be entitled to pursue its Claim in anv lawful manner, subject to any 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. 4.4.3 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 knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at tho 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 fumished or advise the Architect that no supporting data will be fumished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 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 on the parties but subject to mediation and arbitration 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. 14.5.2 If a Claim has not been resolved, the party making the Claim shall, within ten (10) days after the Architect's preliminary response. take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim. or (3) notify the Architect that the initial Claim stands. 4,4-6 When a written decision of thc Architect state., that (1) the decision is final but subject to mediation and arbitration and (2) a demand receives thc final written decision, then failure t demand arbitration within said 30 days' p riod shall result in the Architect's decisi n bee ming final and binding upon the Owner and C ntractor. If the Architect renders a decision after arbitratiea proceedings have been initiated, such decision may be entered as evidence, but shall n t supersede arbitration proceedings unless the dceision is acceptable to all partios concerned. 4,? Up n receipt f a Claim against the C ntractor or at any time thereafter, thc Architect or the Owner may, but is not obli to, n tify thc surety, if any, f the nature and am unt f the Claim. If the Claim relates t a p ssibility f a C ntract is default, the Architect r the Owner may, but is n t obligated t , notify the surety and request the surety's assistance in resolving the controversy. 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 CONDrrIONS 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 #16 the Claim to the Architect, be subject to mediation a° a ndi = P recedent to arbitration or the institution of legal or cquitabl proceedings by either party. 4.5.2 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 the American Arbitration Association currently in effect. .equest for mediation shall be filed in writing with the other party to the C ntract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitrati n but, in such event, mediation shall procccd in advance f arbitration or le r equitable proceedings, which shall bc stayed pending mediation f r a peri d of 60 days from the date 4.5.3 The parties shall share the mediator's fee and any tiling 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. 4.6 ARBITRATION Any Claim arising out of or related to the Contract, except Claims relating t aesthetic effect and exccpt th se waived as provided f r in Subparagraphs 1.3.10, 9.10.1 and 9.10.5, shall, after decisi n by thc Architect or 30 days after submission of the Claim t th Archit ct, be cubjoct t arbitrati n. Pri r t arbitrati n, th parties shall ondoav r t r s Iv disputes by m diati n in acs rdanc with the provisions of Paragraph 1.5. 4.6.2 1.6.3 Claims n t res Ivcd by mediation shall bo decided by arbitration which, unless tho parties mutually agree otherwise, shall bo demand for arbitration shall bo filed in writing with tho other party t tho Contract and with the American Arbitration Associati n, and a copy shall bc filed with thc Architect. :gal or equitable pr ccedin based on such Claim w old be barred by the applicabl statute f Iimitati as as determined pursuant to Paragraph 13.7. 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 TVA 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 #I7 under the Federal Arbitration Act (9 U.S.C. Section I - 14) or anv applicable state arbitration statute. except that in the event that Owner is subject to an arbitration proceeding. related to the Project, Contractor consents to be joined in the arbitration proceeding. if Contractor's presence is required or requested by Owner for complete relief to be accorded in the arbitration proceeding. 5.1 DEFINITIONS ARTICLE 5 SUBCONTRACTORS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site 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. 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 award of the Contract, shall furnish in writing to the Owner theang!} 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 of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 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 r asonablc 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 rea.onablo objection. if the proposed but rejected Subcontractor was Teas nobly capabl f p r- foFraittg the W rk, th C ntract Sum and C ntract Time shall b increas d r d croas d by the diff rencc, if any, occasioned by such change, and an appropriate Change Order shall be izeued before commencement -of the substitute C ntract r has acted pr mptly and reap nsivcly in submitting names as rcquir d. 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. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate 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 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 #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. 53.2 Any part of the Work performed for the Contractor by a Subcontractor shall be pursuant to a written subcontract between e Contractor and such Subcontractor. Each such subcontract shall: (a) require that such Work be performed in accordance with the .equirements of the Contract Documents; (b) waive all rights the contracting parties may waive against one another or that the Subcontractor may have against the Owner for damages caused by fire or other perils covered by the property insurance required 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. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for causc pursuant to Paragraph 11.2 and enly for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.42 Upon such assignment, if the Work has boon suspended for more than 30 days, the Subcontractor's cempen.,ar,^�' ell w ^" we equitably adjusted f r increases in c st resulting fr m th susponsi n. 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. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site urtdee 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 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 when directed to do co. 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. 64-4 Unless otherwise pr vidod in the Contract Documents, when the Owncr performs construction or operations related to tho Article 6 and Articles 10, 11 and 12. AIA DOCUMENT A201- GENERAL CONDmoNS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION • AIA - COPYRIGHT 1997 - THE AMERICAN .NSTITUTE OF ARCHITECTS, 1733 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 419 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 dcfccts not then reasonably discoverable. 6.2.3 The Owner shall be 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 eonstruction of the Contractor. The Owner shall be responsible to tho Contractor for costs incurred by the Contract r because of delays, improperly timed activities, damage to the W tic r dcfcetivo 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 bome 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 p erson. 6,24 Contractor in Subparagraph :.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 (10) 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 change 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 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 Iron! 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 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 alene subject to written approval of Owner. 1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in Change Order, Construction Change Directive or order for a minor change in the Work. 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. 7.2.3 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 governing 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 0252.048 Local Government Code. and the Contract Documents. This requirement is of the essence of the Contract Documents. Accordingly, no course of conduct 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. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect- s4 signed by the Owner and Architect, directing a change in the Work prior te- areement -en 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 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 #21 ' 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect 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. ' 3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including justrnent in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the 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 percentaces 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .1 reasonable costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .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; 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.t 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: (I) 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) Conrractor's profit and overhead on work performed by its subcontractors shall not exceed five percent (5 %) of total direct costs: and (41 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 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 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. AIA License Number 111808, which expires on 2/28/2000 -- Page #22 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 4. ..3.9 When Contract Sum and C ntract Timc, or otherwise reach agreement upon the adjustment^ made, such agreement determination shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 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 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. 8.1 DEFINITIONS ARTICLE 8 TIME 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. 8.1.2 The date of commencement of the Work is the date established in the Agreement. 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 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. 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 tho 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 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 #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 causos which tho Architect 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. 9.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3. This Pam 82 dots not preclude recovery of damages for delay by either party under other provisions of the Contract 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 Substantial Completion in the Agreement Contractor shall nay 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 the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of lust 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 expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving 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 (301 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 use of the Project areas, provision of alternative storage facilities and rescheduling of moving 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. 9.1 CONTRACT SUM ARTICLE 9 PAYMENTS AND COMPLETION 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. 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 - - • . - - 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 Pavment 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 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 424 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 any payment based thereon if objected to by the Owner. for good cause shown. 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 •' hich have been properly authorized by Con ction Cbn, Diroctiv s, r by interim d terminati ns f the Architect, bat n t yet Iudod in Change Orders. 9.3.1.2 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. 9.3.2 Unless otherwise provided in the Contract D caments, 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 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 9.33 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 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. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the 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 Subparagraph 9.5. I. ).42 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 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 an evaluation of the Work for conformance 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 1 1 1 1 1 1 1 1 1 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 ARC14tTECTS, 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 #25 ' is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4. 1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate I for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate - 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: 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, and or that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 per istefit failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.5.3 If Contractor disputes any determination by the Architect with regard to all or any part of a Certificate of Payment which disputed amount is $50,000.00 or less. Contractor shall nevertheless expeditiously continue to prosecute the Work. If the disputed amount is more than $50,000.00, 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 )wner fails to perform any 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. 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 governmental 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 any 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. 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 #26 9.6.3 The Architect will, on request, famish 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. ^.6,4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 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 fumished 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 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 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount 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 foregoing. 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 'araeraph. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 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 bv. 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 bein 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 Completion 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 prior 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 Iowa 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 11 1808, which expires on 2/28/2000 -- Page #27 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. 3.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the requirements of the Contract Documents s that the Owner con occupy or utilize the Work or designated portion thereof for its intended usc, 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 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 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 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 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. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when each portion is designated by separate agreement with thc C ntractor, pr vided such ccupancy r uce is c merited t by the insurer as required and r Clause 11.4.1.5 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 the The Owner and Contractor have accepted shall agree to a resignation in writing of the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, .tilities, damage to the Work and insurance, and have shall agree ageeeel 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. Consent of thc Contractor to 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 writing, 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 terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the fmal 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. 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 #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 ^urrently 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 tho insurance will 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 furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final 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 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 Architect prior to certification of such payment. Such payment shall be made under terms and conditions goveming final payment, except that it shall not constitute a waiver of claims. 940:4 The making of final payment shall constitute a waiver of Claims by thc Owner except thoso arising from: liens, Claims, security interests or oncumbrances arising out of the Contract and unsotticd; failure of thc Work to comply with tho requirements of the C ntract Documents; or 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. 10.1 SAFETY PRECAUTIONS AND PROGRAMS 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 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable all necessary precautions for safety of, and shall provide reasenakrie all necessary protection to prevent damage, injury or loss to: .1 emgle3<ees 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 CONDit10NS 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 429 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. 102.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public 'thorities bearing on safety of persons or property or their protection from damage, injury or loss. 102.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasertal4e 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. 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. 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 for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them or--by _ for • hpto ott° ° thcr f them may be liable, and n t attribltablc t the fault r negligenc f the C ntract r. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 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, only 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 snd the 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. 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 lava 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 630 10.3.3 Architect's c nsultaats and ag ats and mpl yoes f any f th m fr m and ag, iast claims, damages, 1a cos ana oxpoesos, includin, but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact thc material or substance presents thc risk of bodily injury or death as described in Subparagraph 10.7.1 aid has Hot boon rendered harmless, provided that such claim, damage, loss r expense is attributable to bodily injury, sickness, dis aso- or doath, r t injury to r negligence 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 alt 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 tho-Coetractor'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 IN ITS ENTIRETY AND IS REPLACED BY EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE FOR ALL PURPOSES. ARTICLE 11 TNSU ANTE AND BONDS 444 CONTRACTOR'S LIABILITY INSURANCE, ,111 jurisdicti n in which th Pr j ct is located such insurance as will pr t ct th C ntract r from claims _at f rth b 1 w which may aris us f r result fr m thc C ntract is perati es under the c ntract and f r which the C ntract r may be legally liable, whether such perati ns be by the C ntractor r by a Subcontractor or by anyone directly or indirectly employed by any of them, or by any nc f r whose acts any of them may bo liable: 1 claims under w ricers' c mpcnsati n, disability b nest r thcr similar cmpl yce benefit acts which arc applicabl to the Work to be performed; employees; 4 claims f r damages because of bodily injury, sicknotc or disease, or death of any person other than the Contractor' errIptepittas 4 claims for damages insured by usual per.,onal injury liability coverage; 4 loss of use resulting therefrom; 4 claims for damage tiseause °°bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vchiclei claims f r b dily injury or pr petty dariagc arising out of completed operations; 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 #31 to tho Contractor's obli under Paragraph 3.18. 44-1 -3 The insurance required by Subparagraph 11.1.1 shall be written f r a t less than limits f liability specified in the C ntract Documents or required by law, whichever coverage is gr ater. C verages, whether written on an occurrence or claims made basis, overage required t be maintained after final payment. -14-. - Certificates f insurance acceptable to the Owner shall bc filed with thc Owner prior to commencement of the Work. These policies will not bc canceled or allow - - - - the fore; ing insurance coverages are required to remain in forco after final payment and are rea..onably available, an additional certificate ovidencing continuation of such coverage shall bc submitted with thc final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage on account of revised limits -ee claims paid under tho General A-m g ate, or both, shall be furnished by the Contractor with reasonable promptnew in accordance with the Contractor's information and belief. 44-, OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be resp nsible for purchasing and maintainin the Om ncr's usual liability insurancc. 4-14 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE 4444 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from thc Contractor's usual sources as primary coverage for tho Owner's, Contractor's and Architect's vicarious liability for Contractor shall not bc responsible for purchasing any other liability insurance on behalf of thc Owner. The minimum limits of liability purchased with such coverage shall bc equal to the aggregate of thc limits required for Contractor's Liability Insurance under Clauses 11.1.1.2 through 11.1.1.5. 1 444 T thc extent damages arc covered by Pr jest Management Pr tective Liability insurance, the Owner, Contractor and Architcct waive all ri a each ther for damages, except such rights as they may have t thc proceeds of such insurance. The p licy 4444 The Owner shall not require the Contractor to include the Owner, Architect or othcr persons or entities as additional insureds, n the C ntractor's Liability Insurance coverage under Paragraph 11.1. 4-1-4 PROPERTY INSURANCE 11.1.1 Unle otherwise pr vidcd, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is 1 sated, property insurance written on a builder's risk "all rick" or equivalent policy installed by others, comprising total value for the entire Project at the site on a replacemont cost basis without ptional deductibles. Such pr perry insurance shall bc maintained, unless thcrvise pr vidcd in th C ntract D cumonts r therwise arced in writing by all per ns and entities who aro beneficiaries of such insurance, until final payment has boon made as provided in Paragraph 9.10 or whichever is later. This insurance shall include interests f the weer, thc C ntract r, Subcontract rs and Sub subs ntract rs in the Project. 11,1.1.1 the perils f fire (with extended c veragc) and physical 1 as or damage including, without duplication of c^vcrage, theft, vandalism, malici us mischief, c 'lapse, earthquake, 11 d, windst rm, falsew rk, testing and startup, temp rary buildings and debris rem val 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 violamr 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 11.1.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the covem in thc amouxt described above, the Owner shall co istf rm the Contractor in writing prior to commencement of the Work. Thc Contractor t the interests of the Contractor, Subcontractors and Sub subcontractors in tho Work, and of the Owner to purchase or maintain insuranc as described above, without s notifying the Contractor in writing, then the Owner hall bar all reas nablc c sts pr perry attributable thcrct . 11.1.1.3 rvices and expenses required as a result of such insured loss. s deductibles, the Owner shall pay costs not covered because of such deductible ^. 11.1.1.1 This property insurance shall cover p rti ns of thc W r1: stored off the site, and also portions of the 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 companios C ntract r shall take rea.onablc steps to obtain consent of the insurance company or companies and shall, without mutual written 11.1 .2 Boiler and Machinery Insurance. The wner shall purchas and maintain b ilcr and machinery insurancc required by th C ntract cuments r by law, which shall specifically c vcr such insured bjects during installati n and until final acceptance by tho 0—nor; this insurance shall includo interests of the Ownor, Contractor, Subcontractors and Sub subcontractors in the Work, and 11.1.: L ss f Use Insurance. Thc wner, at thc wn r'c pti n, may purchase and m intain such insurance as will insure the Owner against I cs of use of the Owner's property duo to fire r othor hazards, h waver caused. Tho Owner waives all ri of action including consequential 1 sces due to firo or othor hazards howover caused. 11.1.1 If thc Contractor requests in writing that insurance for risks other than those described heroin or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, includo such insurance, and the cost thereof shall bo charged to thc Contractor by appropriate Change Order. 11.1.5 If during the Project construction period tho Ownor incuros properties, roal or porsonal or both, at or adjacent to the site by propen insurance under policies separate from those insuring the Project, or if after final payment pr perry incuranco is to bo providod on the completed Projeet through a policy or policies other than those insuring the Project during the construction period, tho Owner shall 'valve all rights in accordance with thc terms f Subparagraph 11.1.7 for damages caused by fire or other causes of lo^: covered by this separate property insurance. All separate policies shall pr vido this waiver of subro n by endorsement or otherwise. 11.1.6 c vcragcs required by tine-Paragraph 11.1. ach p licy shall c ntain all generally applicable c nditi ns, dcfrniti ns, exclusi ns and end cemonts relatodto -this Pr jest. Each policy shall container provision that tho policy will not be canseled-or-aliewed4e-expire, and that its limits will not b rcduced, until at least 30 days' prior written n ticc has boon given to the Contractor. 11.1.7 Waivers of Subrogation. The Owncr and Contractor waive all rights against (1) each other and any f their subcontractors, described in Article 6, if any, and any of their subcontractors, sub subs ntractors, agents and ompl yeas, for damages caused by firo r other causes f for to the extent c vercd by property insurance obtained pursuant to this Paragraph 11.1 r other property insurance applicable to thc Work, except .,itch rights as thcy haw to proceeds of such insurance held by thc Owncr as fiduciary. The Owner required f r validiq, similar waivers each in favor f thcr parties enumerated herein. The policies shall provide such waivers f r entity w uld thorwice have a duty of ind mnificati n, contractual or othorwisc, did n t pay thc incuranco premium diroctly or AIA DOCUMENT A20 t- GENERAL CONDITIONS OF 11-IE 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. AIA License Number 111808, which expires on 2/28/2000 -- Page #33 11.4.8 A loss inured under Owner's property insurance shall be adjusted by the Owner as fiduciary and mado payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of and by appr priat agreements, written whore legally required for validity, shall r quir Subc ntract rs t make payments t their Sub subcontractors in similar manner. Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case thc procedurc shall be as provided in .6. If after-ouch 1 ss no th r special agreement is made and unl so th wner terminates th Contract f r c nvoeionc , Article 7. 11.1.16 The Owner as fiduciary shall have power to adjust and settle a loss with insurers uAlooc one of the panics in interact shall objoct in writing within five days after occurrence of loos to the Owner's exorcise of this power; if such objection is-made, the disput hall be resolved as provided in Poraraphs 1.5 and 1.6. The Owner as fiduciary shall, in the case of arbitration, make .,etticment with insurers in acc rdance with directi ns f the arbitrat rs. If distributi R f in2uranc pr seeds by arbitrati n is required, th arbitrat t- will diroct such distribution. -1-1-5 PERFOPMA�ICE BOND AND PAYMENT BOND 11.5.1 T° 4er shall have tho right to require thc Contractor to fumish bonds covering faithful performance of tho Contract and the date of execution of thc Contract. 11.5 .2 arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be mado. 12.1 UNCOVERING OF WORK ARTICLE 12 UNCOVERING AND CORRECTION 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 accordan ^e with thc Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Ottner's es pence. 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 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 ALA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1731 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 634 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 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 not 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 Owner shall give such notice promptly after discovery of thc conditi n. During thc one year period for correction of Work, if If the Contractor fails to correct defective or otherwise 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 store the materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage 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 deducting costs and damages that should have been borne by the Contractor, includinr compensation for the Architects' services and expenses made necessary thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount. the Contractor shall pay the difference to the Owner. 12.2.2.2 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. 12.2.2.3 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 Subparag aph 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. 12.2.5.1 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. 12.3 ACCEPTANCE OF NONCONFORMING WORK 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. 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 #35 .3.1 GOVERNING LAW ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1.1 The Contract shall be governed by the law of the place where the Project is located. laws of Texas. and venue shall lie in Williamson County, Texas. 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. nsent -of the ther. If either party attempts t make such an assignment with ut such con.ont, that party shall nevertheless remain Icy lly responsible for all obligations under the Contract. Contractor may not assign its rights under the Contract Documents or assign any rights to any monies due or to become due. Any entity which shall succeed to the rights of Owner shall be entitled to enforce the rights of Owner hereunder. Any assignment by Contractor without prior written consent from Owner shall be void. financing f r thc Pr jest. In such event, thc lender shall assume the Owner's rights and bligati ns under th C ntract D cumcnts The Contractor shall execute all consents reasonably rcquirod to facilitate such as' ionment. 13.3 WRI11t.N NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if 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 and Owner may be present for such procedures. The wner shall boar c sts f tests, inspccti ns r appr vals which d n t bee me requirements until after bids arc received r nog tiati ns c ncluded. 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 I 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 I the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely written notice to the Architect and Owner of when and where tests and inspections are to be made so that e 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 II shall ▪ 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 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. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 parties may agree upon in writing a Projoct is locatod. No interest shall be due on sums properly retained by Owner. -14.4 13.7.1 As between the Owner and Contractor: 4 doomed to have accrued in any and all events not later than such date f Substantial Completion. 13.7 COSTS AND ATTORNEYS FEES 13.7.1 If any 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 any relief to which it may be entitled. AIA DOCUMENT A201.GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AEA - 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 637 13.8 CONTRACTOR'S RECORDS 13.8.1 Contractor 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 establishing a depreciation schedule for the Project or such portions thereof as Owner may determine. 3.9 MECHANICS' AND MATERIALMEN'S LIENS 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 hen or claim is filed bv 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 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 bv 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 connection with the development, design and/or construction of the Project and to all liens. rights and interests of any long -term round 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 long -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 anv 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 subcontract provisions (1) that the person or entity doing Work, performing labor or furnishing materials pursuant to each subcontract aerees 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 furnished 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. 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 Subcontractor under the Contract Documents or any other subcontract or agreement and (3) that Owner. Owner's interim and permanent lenders and anv long -term ground lessee are express third -party beneficiaries who have supplied consideration for such subordinations. 14.1 TERMINATION BY THE CONTRACTOR ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1.1 = • ° - f the Contract r or a Subc ntractor, Sub subcontractor r their agents or employees or a a per.,ons or entities perfetating is aeth rity having jurisdiction which requires all W rl: to be st ppcd; 4 the Owner has fail d t furnish to the Contractor promptly, up n the Contractor's - request, rcus noble evidence as 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 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 #38 11.1. ' in thc aggregate more than 100 percent f thc total number f days scheduled for complcti n, or 120 days in any 365 day period, .4ishever i te ' 11.1.2 If one of the as ns described in Subparagraph 11.1.1 or 11.1.2 exists, thc Contractor may, upon seven days' written notice 1 ' and rzcover from thc Owner as pr vided in Subparagraph 11.1.2. I 14.1.1 The Contractor may terminate the Contract Documents in the manner provided in Paragraph 14.1.2 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 less or if all the Work is entirely I 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 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 I 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. I 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 avment 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. 1 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 k ? TERMINATION BY THE OW■'NE FOR CAUSF 11.2.1 The Owner may terminate thc Contract if thc C ntractor: 1 1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; fails to male payment to Subc ntract rs for materials or labor in accordance with the respective ajccmcats between the Contractor and thc Subcontractors; 1 4 thcrwisc is-guilty of substantial breach of a pr vision f th C ntract Documents, 1 AIA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN NSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright I 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. AIA License Number 111808, which expires on 2/28/2000 -- Page 439 11.22 When any f the above roas ns exist, the Owner, upon certification by the Architect that sufficient cause exists t justify such I if any, seven days' written n ticc, terminate employment of the Contractor and may, subject t any prior rights of the surety: 1 take possession of tho situ and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; 2 fmish the Work by whate "er reasonable method thc Owner may deem w podient. Upon roquest of the Cone vvntractorct° or the Owner shall furnish t thc C ntractor a detailed ace unting of th costs incurred by the Owner in finishing thc Work. 11.2.3 Whon the Owner terminates tho Contract for one of the reasons stated in Subparagraph 11.2.1, the Contractor shall not bo entitled t receive further payment until the Work is finished. 112.1 If the unpaid balance of the C ntract Sum ot sends c sts f finishing the Work, including compensation f r the Architect's reby, and other damages ineurred-b3-4io Owner and not expressly wary'ed, such enuess •h^" The amount to be paid to the Contractor or Owner, as thc asc may bc, shall bc certified by thc Architect, upon application, and this bheati n f r paymont shall survive termination of the Contract. 14.2 TERMINATION BY THE OWNER 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) 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. 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 emeruencv 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: and (2) finish the Work by whatever method the Owner may deem expedient. 14.2.3 When the Owner terminates the Contract Documents for one of the reasons stated in Paragraph 14.2.1. the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 To the extent the costs of completing Work. including compensation for additional professional services and expenses. exceed 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. 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 assiortment 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 performance of the Contract Documents. Accordingly, it is agreed that upon the occurrence of any such event. Owner shall be entitled to reauest 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 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 640 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 backcharged 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 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 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 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. 14.2.7 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 wrongful, 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 '4.3.1 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 interruption as described in Subparagaph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .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 CONDMONS OF TFIE 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 #41 .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: By: Dated: Charles Culpepper, Mayor By: Its Dated: MA DOCUMENT A201- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN NSTITUTE 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 FonwatA201 -1997 User Document: A201.DOC -- 2/9/1999. AIA License Number 111808, which expires on 2/28/2000 -- Page #42 1 1 1 1 1 1 11.1.1 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. ' 1.2 SCHEDULE OF INSURANCE COVERAGES. Coveraee Minimum Amounts and Limits 1 112.1 Worker's Compensation 1 1 1 1 1 1 1 1 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 ") shall (i) amend certain provisions of the Standard Forrn of Agreement 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 General 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. ARTICLE 11 INSURANCE 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 51,000,000 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 Indernnitees, 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 l Bodily Injury .2 Property Damage 11.2.4 Umbrella Excess Liability Insurance Bodily Injury/ Property Damage (Occurrence Basis) 11.2.5 Broad Form Boiler and Machinery Insurance 11.2.6 Performance Bond and Labor and Material Payment Bond 11.3 BUILDER'S RISK INSURANCE 44 $250,000 per person $500,000 per occurrence $100,000 per occurrence, 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 lndemnitees 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 lndemnitees. $2,000,000 per occurrence $2,000,000 aggregate 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. 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 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. .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: 11.3.1 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 loss 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. This policy shall provide, by endorsement or otherwise, that Contractor shall be solely responsible for the payment 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 Indemnitees are named insureds under the policy. Any insured Toss 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 parry to the dispute. The Contractor shall be responsible for any loss within the deductible area of the policy. 11.4 CONTRACTOR'S EQUIPMENT POLICY 1 1.4.1 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 Contractors 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 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. 1.6 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 45 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 Indemnitees) 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. 11,8.2 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. .8.3 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 (i) 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 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 A. Work of this Contract comprises concrete paving (Parking & Drives) for the Fire Station facility at 350 Deepwood Dr. B. Contractor shall provide all materials, means & methods to complete the work described in Section A above including the drilling and epoxy setting of dowels into existing curb & gutters. 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. Furnish 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. Buildings and construction required for installation under the primary contract for Fire Station #5, including paving base, curb and gutters. B. Work of the Project which will be executed after completion of Work of this Contract (or coordinated during with owners forces), and which is specifically excluded from this Contract 1.06 FUTURE WORK 1. Parking stripping, concrete access walks (fiatwork) and curb ramps. A. Project is designed for future expansion. 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 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 connections to provided contracted work. 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. 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. Summary of work 01010 - 2 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. PART2 PRODUCTS Not Used PART 3 EXECUTION Not used END OF SECTION Summary of Work 01010 - 3 PART 1 GENERAL SECTION 01041 PROJECT COORDINATION 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. B. 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 Superintendent's instructions to correct items of work listed in executed Certificates of Substantial Completion and for access to Owner - occupied areas. C. Notify Construction Superintendent's when Work is considered finally complete. Accompany Construction Manager /Architect on preliminary final inspection. D. Comply with Construction Superintendent's 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 frt 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 Architect's 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 Architect's instructions, submit cost estimate to the Architect. Secure the Architect's 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 -ject to 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 PART1- GENERAL 1.1 DESCRIPTION 1.2 QUALITY ASSURANCE 1.3 SUBMITTALS 1.4 PROCEDURES 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 fumish survey describing the physical characteristics, legal limitations, utility locations, and legal description of the site. 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. 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. 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 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 atjobsite 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 SECTION 01090 REFERENCE STANDARDS 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 AI 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 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 ML SFA 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 WCUB West Coast Lumber Inspection Bureau Box 23145 Portland, OR 97223 PART2 PRODUCTS Not Used PART 3 EXECUTION Not Used 01090 - 6 END OF SECTION SECTION 01152 APPLICATIONS FOR PAYMENT PART 1 - GENERAL 1.1 DESCRIPTION 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 Architects 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.I.A. 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. Submit the original of the Application and Certificate for Payment, plus three identical copies to the Architect. 4. The Architect will 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 1.2 QUALITY ASSURANCE A. Coordination of submittals: 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. IndMdual 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. 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 affndng 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1.3 SUBMITTALS A. Make submittals of Shop Drawings, Samples, substitution requests, and other items in accordance with the provisions of this Section. PART2- 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 btackline 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 retumed, 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 pattern 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 Architect's receipt of the submittal. 3.4 ARCHITECTS 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 Architect's 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 Architect's 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 PART1- GENERAL 1.1 DESCRIPTION SECTION 01370 SCHEDULE OF VALUES 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: 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 9.2 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 PART1- GENERAL 1.1 REQUIREMENTS INCLUDED A. General Quality Control. B. Workmanship. C. Manufacturer's Instructions. D. Manufacturer's Certificates. SECTION 01400 QUALITY CONTROL 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 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 PART 1 - GENERAL 1.1 DESCRIPTION PART2- PRODUCTS 2.1 PAYMENT FOR TESTING SECTION 01410 TESTING LABORATORY SERVICES 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: 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, butthe 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. 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 SECTION 01425 WAGE RATES PART 1 - GENERAL 1.1 REQUIREMENTS 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. 1.2 APPLICABLE STATUTES 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." 1.03 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 514.46 Carpenters 10.85 Cement Masons 9.32 Electricians 19.60 Glaziers 10.79 Ironworkers, Structural & Ornamental 15.85 Laborers 7.07 Mason 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 B. Related work: 1.2 QUALITY ASSURANCE SECTION 01640 PRODUCT HANDLING A. Work included: Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. 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. 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 SECTION 01700 CONTRACT CLOSEOUT PART 1 - 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. 1.3 PROCEDURES A. Substantial Completion: 1. Prepare and submit the 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 Architect's 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 wit submit the 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 will 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 governmental 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 SECTION 01710 CLEANING PART1- 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 if 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. PART 2 - PRODUCTS 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: C. 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. 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART1- GENERAL 1.1 DESCRIPTION 1.4 PRODUCT HANDLING SECTION 01720 PROJECT RECORD DOCUMENTS 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 CviI 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. B. The Architects approval of the current status of Project Record Documents may be a prerequisite to the Architect's 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. D. Prior to submitting request for final payment, submit the final Project Record Documents to the Architect and secure his approval. 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 Architect's 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 built: 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 Architects 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 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 item 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. Steel Rebar B. Concrete Mix Design C. Concrete Testing Reports 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 contact 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 postbid mst/spec 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 null 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 postbidmstapec master PBD -9 SECTION 02514 PORTLAND CEMENT CONCRETE PAVING PART 1 GENERAL 1.01 WORK INCLUDED A. Concrete sidewalks, curbs, gutters, and site paving. B. Surface finish. C. Curing. 1.02 WORK INSTALLED BUT FURNISHED UNDER OTHER SECTIONS A. Section 03200 - Concrete Reinforcing. 1.03 RELATED WORK A. Section 02200 - Earthwork: Preparation of site for paving. B. Section 07920 - Joint Sealers: Sealant for joints. 1.04 REFERENCES A. ACI 301 - Specifications for Structural Concrete for Buildings. B. ANSI /ASTM A497 - Welded Deformed Steel Wire Fabric for Concrete Reinforcement. C. ANSI /ASTM D1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction. D. ASTM A615 - Deformed and Plain Billet -Steel for Concrete Reinforcement. E. ASTM C33 - Concrete Aggregates. F. ASTM C94 - Ready Mixed Concrete. G. ASTM C150 - Portland Cement. H. ASTM C260 - Air - Entraining Admixtures for Concrete. I. ASTM C309 - Liquid Membrane - Forming Compounds for Curing Concrete. J. ASTM C494 - Chemical Admixtures for Concrete. K. FS TT -C -800 - Curing Compound, Concrete, for New and Existing Surfaces. 1.05 QUALITY ASSURANCE 02514 - 1 A. Perform work in accordance with ACI 301. 6. Obtain materials from same source throughout. 1.06 REGULATORY REQUIREMENTS A. Conform to Standard Building Code for paving work on private property. 1.07 TESTS A. Testing and analysis will be performed under provisions of Section 01410. B. Submit proposed mix design of each class of concrete to appointed firm for review prior to commencement of work. C. Three concrete test cylinders will be taken for every 75 or less cu yds of each class of concrete placed each day. D. One additional test cylinder will be taken during cold weather and be cured on site under same conditions as concrete it represents. E. One slump test will be taken for each set of test cylinders taken. 1.08 SUBMITTALS A. Submit product data under provisions of Section 01300. B. Include data on joint filler, admixtures. curing compounds. C. Submit manufacturer's instructions under provisions of Section 01300. PART 2 PRODUCTS 2.01 CONCRETE MATERIALS A. Cement: ASTM C150 Air Entraining -Type IA Portland type, gray color. B. Fine and Coarse Aggregates: ASTM C33. C. Water: Clean and not detrimental to concrete. 2.02 FORM MATERIALS A. Wood form material, profiled to suit conditions. 2.03 REINFORCEMENT A. Reinforcing Steel: ASTM A615; 60 ksi yield grade; deformed billet steel bars, uncoated finish. B. Welded Steel Wire Fabric: Plain type, ANSI /ASTM A185; in coiled rolls; uncoated finish. 02514 - 2 C. Tie Wire: Annealed steel, minimum 16 gage size. D. Dowels: ASTM A615; 40 ksi yield grade, plain steel, uncoated finish. 2.04 ACCESSORIES A. Curing Compound: Ashford Formula - by Curecrete Chemical Co., Oregon, Utah or equal. 6. Joint Sealer: Conform to requirements of ASTM C920.79, Specification for Concrete Joint Sealer, self - leveling, To Compound Urethane." C. Preformed Joint: Provide and Install "Shepload" load transfer units by Shepler Equipment Co. 2.05 ADMIXTURES A. Air Entrainment: ASTM C260; Specification for Air Entraining Admixtures for Concrete" no chlorides. 2.06 CONCRETE MIX A. Mix concrete in accordance with ASTM C94. B. Provide concrete for paving of the following characteristics: - Compressive Strength at 7 days: 2000 psi - Compressive Strength at 28 days: 3000 psi C. Use accelerating admixtures in cold weather only when approved by Architect /Engineer. Use of admixtures will not relax cold weather placement requirements. D. Use set - retarding admixtures during hot weather only when approved by Architect /Engineer. E. Add air entraining agent to concrete mix for concrete work exposed to exterior. PART 3 EXECUTION 3.01 INSPECTION A. Verify compacted granular base is ready to support paving and imposed loads. B. Verify gradients and elevations of base are correct. C. Beginning of installation means acceptance of existing conditions. 3.02 PREPARATION 02514.3 A. Moisten base to minimize absorption of water from fresh concrete. B. Notify Architect /Engineer minimum 24 hours prior to commencement of concreting operations. 3.03 FORMING A. Place and secure forms to correct location, dimension, and profile. B. Assemble formwork to permit easy stripping and dismantling without damaging concrete. C. Place joint fillers vertical in position, in straight lines. Secure to formwork during concrete placement. 3.04 REINFORCEMENT A. Place reinforcement at 1/3 of concrete thickness from top of slabs -on- grade. B. Interrupt reinforcement at expansion joints. C. Place reinforcement to achieve slab and curb alignment as detailed. D. Provide dowelled joints at interruptions of concrete with one end of dowel set in capped sleeve to allow longitudinal movement. 3.05 FORMED JOINTS A. Control Joints - Sawed of deformed metal strips. Reinforcing shall extend through joint: Joint spacing - 20' to correct elevation. Sawed joints shall be sawed within 72 hours of placing concrete. B. Expansion Joints - Preformed joint with smooth dowels '/." x 24 ". One end of dowel to be slip joint. Dowel spacing to be 18 ". Joint spacing to be maximum of 100'. 3.06 PLACING CONCRETE A. Place concrete in accordance with ACI 301. B. Hot Weather Placement: ACI 301. C. Cold Weather Placement: ACI 301. D. Ensure reinforcement, inserts, embedded parts, formed joints are not disturbed during concrete placement. E. Place concrete continuously between predetermined construction joints. Do not break or interrupt successive pours such that cold joints occur. 3.07 FINISHING 02514 - 4 A. Paving: Light broom. B. Sidewalk Paving: Light broom, radiused and trowel joint edges. C. Place curing compound on exposed concrete surfaces immediately after finishing. Apply in accordance with manufacturer's instructions. 3.08 FIELD QUALITY CONTROL A. Field inspection and testing will be performed under provisions of Section 01410. 8. Maintain records of placed concrete items. Record date, location of pour, quantity, air temperature, and test samples taken. 3.09 PROTECTION A. Immediately after placement, protect concrete under provisions of Section 01500 from premature drying, excessive hot or cold temperatures, and mechanical injury. END OF SECTION 02514 - 5 SECTION 03200 CONCRETE REINFORCEMENT PART 1 GENERAL 1.01 WORK INCLUDED A. Reinforcing steel bars, for cast -in -place concrete. B. Support chairs, bolsters, bar supports, and spacers, for supporting reinforcement. 1 .02 RELATED WORK A. Section 03100 - Concrete Formwork. B. Section 03300 - Cast -In -Place Concrete: Concrete placement and vapor barrier. 1.03 REFERENCES A. ACI 301 - Specifications for Structural Concrete for Buildings. B. ACI 315 - Details and Detailing of Concrete Reinforcement. C. ANSI /ASTM A82 - Cold Drawn Steel Wire for Concrete Reinforcement. D. ANSI /AWS D1.4 - Structural Welding Code Reinforcing Steel. E. ASTM A615 - Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. F. CRSI - Manual of Practice. G. CRSI 63 - Recommended Practice for Placing Reinforcing Bars. H. CRSI 65 - Recommended Practice for Placing Bar Supports, Specifications and Nomenclature. 1.04 QUALITY ASSURANCE A. Perform concrete reinforcement work in accordance with CRSI Manual of Standard Practice, and Documents 63 and 65. B. Conform to ACI 301. 1.05 FIELD SAMPLES A. Provide reinforcement for field sample specified in Sections 03100 and 03300. 1.06 SHOP DRAWINGS A. Submit shop drawings under provisions of Section 01300. 03200 - 1 B. Indicate sizes, spacings, locations and quantities of reinforcing steel, bending and cutting schedules, splicing, stirrup spacing, supporting and spacing devices. 1.07 CERTIFICATES A. Submit mill test certificates of supplied concrete reinforcing, indicating physical and chemical analysis. PART 2 PRODUCTS 2.01 MATERIALS A. Reinforcing Steel: ASTM A615, 60 ksi yield grade billet -steel deformed bars, uncoated finish. 2.02 ACCESSORY MATERIALS A. Tie Wire: Minimum 16 gage annealed type, or acceptable patented system. B. Metal Chairs, Bolsters, Bar Supports, and Spacers: Sized and shaped for strength and support of reinforcement during installation and placement of concrete including load bearing pad on bottom to prevent vapor barrier puncture. Supports to be spaced a maximum of 4' -0" on center each way. 2.03 FABRICATION A. Fabricate in accordance with ACI 315, providing concrete cover specified in Section 03300. B. Locate reinforcing splices not indicated on Drawings at points of minimum stress. Indicate location of splices on shop drawings. PART 3EXECUTION 3.01 INSTALLATION A. Before placing concrete, clean reinforcement of foreign particles or coatings. B. Place, support, and secure reinforcement against displacement. Do not deviate from alignment or measurement. C. Do not displace or damage vapor barrier required by Section 03300. END OF SECTION 03200 - 2