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HomeMy WebLinkAboutVASTEC PROTECH JOINT VENTURE FIRE STATION 6 ~. ,.' ~., The Project is: (Name and location) This document has been approved and endorsed by The Associated General Contractors of America. ./' ="AIX DocumentA10r" -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULA TED SUM AGREEMENT made as of the Seventeenth ( 17th) day of November in the year of Two Thousand Six (2006) (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) and the Contractor: (Name, address and other information) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AlA Document A20H997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Augusta. GA. a political subdivision of the State of Georgia 530 Greene Street. Room 801 Augusta. Georgia 30911 Vastec Protech Joint Venture 701 Greene Street. Suite 100 Augusta. GA 3090 I Telephone Number: 706-828-6502 Fax Number: 706-828-6505 Augusta Richmond County Fire Station #6 2618 Richmond Hill Road. Augusta. GA 30906 The Architect is: (Name, address and other information) VirgO Gambill Architects 2531 Center West Parkway. Ste. 200 Augusta. GA 30909 Telephone Number: 706-736-3661 The Owner and Contractor agree as follows. AlA Document A101111-1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. 1 Unauthorized reproduction or distribution 01 this AlAe Document, or any portlon 01 It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent poSSible under the law. This document was produced by AlA software at 09:38:12 on 12/01/2006 under Order No.10oo255326_1 which expires on 8/2112007, and is not for resale. User Notes: (1889975864) ? ..,. . .- ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION ~ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: N/A ~ 3.2 The Contract Time shall be measured from the date of commencement. ~ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 270 days from the date of commencement, or as follows: . (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work N/A Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) The contractor agrees to pay as liquidated damages to the Owner the sum of $200.00 for each consecutive calendar day after expiration of the contract completion time. except for authorized extensions of time bv the Owner. ARTICLE 4 CONTRACT SUM ~ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Two Hundred Fortv-one Thousand Eight Hundred Twentv-two Dollars and Zero Cents ($ 1.241.822.00), subject to additions and deductions as provided in the Contract Documents. ~ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: AlA Document A101l"-1997. Copyright @1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects.. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:38:12 on 12/01/2006 under Order No.1000255326_1 which expires on 8/21/2007, and is not for resale. User Notes: (1889975864) 'It .. (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amountfor each and the date when that amount expires) N/A ~ 4.3 Unit prices, if any, are as follows: Description N/A Units Price ($ 0.00) ARTICLE 5 PAYMENTS ~ 5.1 PROGRESS PAYMENTS ~ 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. ~ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: . as above ~ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Twentv-fifth day of a month, the Owner shall make payment to the Contractor not later than the Fifteenth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ~( m days after the Architect receives the Application for Payment. ~ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor In accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. ~ 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. ~ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AlA Document A201-1997. AlA Document A101111-1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AlAe Document, or any portlon of It, may result In severe cMI.and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:38:12 on 12/01/2006 under Order No.1000255326_1 which expires on 8/2112007, and is not for resale. User Notes: (1889975864) .. .. ~ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AlA Document A20I - 1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if fmal completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AlA Document A201-1997. ~ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) !!Qill< ~ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. ~ 5.2 FINAL PAYMENT ~ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AlA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. ~ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: as above ARTICLE 6 TERMINATION OR SUSPENSION ~ 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A201-1997. ~ 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A20 1-1997 . ARTICLE 7 MISCELLANEOUS PROVISIONS ~ 7.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. ~ 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) One percent ( 1.00% ) monthly AlA Document A101111-1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Tr.eaties. 4 Unauthorized reproduction or distribution of this AlAe Document, or any portlon 01 It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:38:12 on 12/01/2006 under Order No.1000255326_1 which expires on 8/21/2007, and is not for resale. User Notes: (1889975864) -.. It (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) ~ 7.3 The Owner's representative is: (Name, address and other information) Deputv Chief Mike Rogers 925 Lanev-Walker Blvd. First Floor Augusta. Georgia 30901 Telephone Number: 706-821-1643 ~ 7.4 The Contractor's representative is: (Name, address and other information) L. Jerome Hartfield 701 Greene Street. Suite 100 Augusta. GA 30901 Telephone Number: 706-828-6502 ~ 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. ~ 7.6 Other provisions: none ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS ~ 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: ~ 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AlA Document AIOI-1997. ~ 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A20 1-1997 . ~ 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February 27. 2006 , and are as follows Document See Attachment A Title Pages ~ 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Augusta Richmond County Fire Station #6. See Attachment B. SeGtkm +itJe Page& ~ 8.1.5 The Drawings are as follows, and are dated February 27.2006 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agrl!ement.) Title of Drawings exhibit: Augusta Richmond County Fire Station #6 . AlA Document A101T1l-1997. Copyright @ 1915,1918,1925, 1937, 1951,1958,1961,1963,1967,1974, 19n, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AlAe Document, or any portlon 01 It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:38:12 on 12/01/2006 under Order No.1000255326_1 which expires on 8/21/2007, and is notfor resale. User Notes: (1889975864) ~ NumbeF +itIe Date ~ 8.1.6 The Addenda, if any, are as follows: Number 1 2 J 4 Date 9/112006 911212006 9/1412006 9/1812006 Pages .!i 27 1 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. ~ 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AlA Document A20 I - 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only ifintended to be part of the Contract Documents.) AlA Document A201 - 1997 Attached This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the C?ntr t, and the re i er to the Owner. a . . L ..I//),md ~{hde __. CONTRACTOR (SignaJlfre) ~l!~ \, Deke Copenhaver Mayor (Printed name and title) L. Jerome Hartfield Vastec 1 Protech Joint Ventu~ExeCUtive Committee P~d~ ~ ",rFZ'/-U) (Printed name and title) j>~~.jJf)GIlI r I Attest: /11 Y5~;,{) ;??t9;I~ ~.Clerk of SSlon I (SEAL) AlA DocumentA101T11-1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AlAe Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:38:12 on 12/0112006 under Order No.1000255326_1 which expires on 8/2112007, and is not for resale. User Notes: (1889975864) tI.: il' 1997 EDITION Attachment A AlA DOCUMENT A201-1997 of the Contract for Construction I , ' ent with the AlA logo printed in red. An original 'assures that w ";n documents are reproduced. .;.~ 1963, 1966, 1967, 1970, 1976, 1987, @1997 by The American Institute of Architects: 'erein or substantial quotation of its provisions without written permission of States and will subject the violator fo legal prosecution. copyright laws and will subject the violator to legal prosecution. This document has impor- tant !egal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document has been approved and endorsed by The Associated General Contractors of America. @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I ~, .. fig Oo'~'~O c:=J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 INDEX Acceptance of Nonconforming Work 9.6.6,9.9.3.12.3 Acceptance of Work 9.6.6.9.8.2.9.9.3,9.10.1,9.10.3, 12.3 Access to Work 3.16, 6.2.1. 12.1 . Accident Prevention 4.2.3, 10 Acts and Omissions 3.2,3.3.2.3.12.8.3.18,4.2.3,4.3.8.4.4.1.8.3.1.9.5.1, 10.2.5,13.4.2.13.7,14.1 Addenda 1.1.1. 3.11 Additional Costs, Claims for 4.3.4,4.3.5,4.3.6.6.1.1,10.3 Additional Inspections and Testing 9.8.3.12.2.1,13.5 Additional Time. Claims for 4.3-4, 4.3.7, 8.3.2 ADMINISTRATION OF THE CONTRACT 3.1.3,4,9.4,9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13,4.5.1 Allowances 3.8 All-risk Insurance 11.4.1.1 Applications for Payment 4.2.5,7.3.8,9.2.9.3.9.4,9.5.1.9.6.3,9.7.1.9.8.5. 9.10,11.1.3.14.2.4.14.4.3 Approvals 2.4,3.1.3.3.5.3.10.2,3.12,4.2.7,9.3.2,1342,13.5 Arbitration 4.3.3.4.4,4.5.1,4.5.2,4.6. 8.3.1,9.7.1,11.4.9.11.4.10 Architect 4.1 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.3.12.7,4.2.4.3.6.4.4.5.2.6.3,7.1.2.7.3.6,7.4, 9.2,9.3.1.9.4.9.5,9.8.3,9.10.1,9.10.3,12.1,12.2.1, 13.5.1. 13.5.2, 14.2.2. 14.2.4 Architect. Limitations of Authority and Responsibility 2.1.1, 3.3.3. 3.12.4. 3.12.8. 3.12.10, 4.1.2. 4.2.1, 4.2.2, 4.2.3. 4.2.6, 4.2.7, 4.2.10. 4.2.12, 4.2.13, 4.4, 5.2.1, 7.4,9.4.2.9.6.4.9.6.6 Architect's Additional Services and Expenses 2.4.11-4-1.1,12.2.1,13.5.2,13.5.3.14.2.4 Architect's Administration of the Contract 3.1.3,4.2,4.3.4,4.4,9.4.9.5 Architect's Approvals 2.4,3.1.3.3.5.1,3.10.2,4.2.7 I Architect's Authority to Reject Work 3.5.1, 4.2.6. 12.1.2, 12.2.1 Architect's Copyright 1.6 Architect's Decisions 4.2.6,4.2.7.4.2.11,4.2.12,4.2.13.4.3.4.4.4.1,4.4.5, 446.4.5,6.3,7.3.6,7.3.8.8.1.3.8.3.1,9.2,9.4,9.5.1, 9.8.4.9.9.1.13.5.2,14.2.2,14.2.4 Architect's Inspections 4.2.2, 4.2.9, 4.3.4, 9.4.2. 9.8.3, 9.9.2, 9.10.1. 13.5 Architect's Instructions 3.2.3.3.3.1,4.2.6,4.2.7,4.2.8,7.4.1.12.1,13.5.2 Architect's Interpretations 4.2.11, 4.2.12, 4.3.6 Architect's Project Representative 4.2.10 Architect's Relationship with 1.1.2. 1.6, 3.1.3, 3.2.1. 3.2.2. 3.2. 3.7.3,3.10,3.11,3.12,3.16,3.18. 4.4.1. 4.4.7, 5.2, 6.2.2, 7, 8.3.1, 9.8. 9.9. 10.2.6. 10.3, 11.3, ll~~',,~, Architect's Relationship wit ;0", bC~:tlri;"\ 1.1.2. 4.2.3, 4.2.4, 4.2.6, :~1Vl Architect's Representation . 942,9.5.1,9.10.1 Architect's Site Visits ;>' 4.2.2,4.2.5.4.2.9,4.3.4,9." 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1,9.10.2. 10.3.3 Award of Separate Contra 6.1.1, 6.1.2 Award of Subcontracts an' for Portions of the Work' 5.2 , Basic Definitions 1.1 Bidding Requif 1.1.1. 1.1.7, Boiler and Mac 11.4.2 Bonds, Lien 9.10.2 Bonds, Perform''',... 7.3.6.4. 9.6.7,~;" Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial 9.8.3,9.8.4,9.8.5 Certificates for Payment 4.2.5,4.2.9,9.3.3,9.4.9.5.9.6.1, 9.10.3,13.7.14.1.1.3,14.2.4 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to 1...".1 " .. Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1.1.1, 241, 342, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 4.3.4, 4.3.9,5.2.3,7.1,7.2,7.3,8.3.1,9.3.1.1,9.10.3,11-4-1.2, 11.4.4, 11.4.9, 12.1.2 Conditions of the Contract 1.1.1, 1.1.7, 6.1.1, 6.1.4 Consent, Written 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4,9.3.2, 9.8.5,9.9.1,9.10.2,9.10.3,11.4.1,13.2,13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 Construction Schedules, Contractor's 1.4.1.2,3;10, 3.12.1, 3.U.2, 4.3.7.2, 6.1.3 Contingent Assignment of Subcontracts 5.4, 14.i.2.2 Continuing Contract Performance 4.3.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5-4-1.1, 11.4.9,14 ontract Administration 3.1.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to 3.7.1,3.10,5.2,6.1,11.1.3,11.4.6,11.5.1 otract Documents, The 1.1, 1.2 ontract Documents, Copies Furnished nd Use of 1.6,2.2.5,5.3 ontract Documents, Definition of 1.1.1 ontract Sum 3.8,4.3.4,4.3.5,4.4.5,5.2.3,7.2,7.3,7.4,9.1,9.4.2, 9.5.1.4,9.6.7,9.7,10.3.2,11.4.1,14.2.4,14.3.2 Contract Sum, Definition of 9.1 e .7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1, 8.2, .5.1,9.7,10.3.2,12.1.1,14.3.2 ctor, Definition of 3.1, 6.1.2 tractor's Construction Schedules 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 ntractor~Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.4.7, 14.1, 14.2.1.1, Contractor's Li;1bility Insurance 11.1 I copyright laws and will sublect the violator to r"aar nrn.."".'M R oo'e'~o r:::::::::J C>1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I I It. II Oo'e'~O c=:=:::J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 Copyrights 1.6, 3.17 Correction of Work 2.3,2.4,3.7.4,4.2.1,942,9.8.2,9.8.3,9.9.1,12.1.2, 12.2, 13.7.1.3 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.6 Costs 2.4,3.2.3,3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1,6.2.3, 7.3.3.3,7.3.6,7.3.7,7.3.8,9.10.2,10.3.2,10.5, n.3. n.4, 12.1, U.2.1, 12.2.4, 13.5, 14 Cutting and Patching 6.2.5,3.14 Damage to Construction of Owner or Separate Contractors 3.14.2,6.2.4, 9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11.1, n.4, u.2.4 Damage to the Work 3.14.2,9.9.1,10.2.1.2,10.2.5,10.6, n.4, 12.2.4 I WARNING, U"'~"" ''''''"''''' """.. Us. _ight ... ,,' w'" ""'" ~. .,..., 101...' """"''''''' Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5,3.14.2,4.2.4,6, n.4.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2, n.4.1.2, n.4.7, n.4.8 Contractor's Relationship with the Architect 1.1.2,1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3-4.2,3.5.1, 3.7.3,3.10,3.11, 3.u, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3.4, 4.4.1,447,5.2,6.2.2,7,8.3.1,9.2,9.3,9-4, .5,9.7, 9.8, 9.9, 10.2.6, 10.3, n.3, n-4-7, 12, 13-4-2, 13.5 Contractor's Representations 1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2, 6.3,9.5.1,10 Contractor's Review of Contract Documents 1.5.2,3.2,3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 4.3.10, 14.1 Contractor's Submittals 3.10, 3.n, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8.2,9.8.3,9.9.1,9.10,2,9.10.3, n.l.3, n.5.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3,6.2.4, 7.1.3,7.3.4,7.3.6,8.2,10,12,14 Contractual Liability Insurance n.l.l.8, n.2, n.3 Coordination and Correlation 1.2, 1.5.2, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.6, 2.2.5, 3.n Damages, Claims for 3.2.3, 3.18, 4.3.10, 6.1.1, 8.3.3,9.5.1,9.6.7, 10.3.3, n.l.l, n.4.5, n-4-7, 14.1.3, 14.2.4 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 4.2.6,4.2.7, 4.2.n, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 446,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4,9.5.1, 9.8.4,9.9.1,13.5.2,14.2.2,14.2.4 Decisions to Withhold Certifica 9-4-1,9.5, 9.7, 14.1.1.3 Defective or Nonconforming Rejection and Correction of 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1 9.9.3,9.10.4, 12.2.1, 13.7.1.3 Defective Work, Definition 3.5.1 Definitions 1.1, 2.1.1, 3.1, 3.5.1, 3.12.1, 6.1.2,7.2.1,7.3.1,7.3.6,8.' Delays and Extensions of 3.2.3, 4.3.1, 4.3.4, 4.3,7 c 7.5.1,8.3,9.5.1,9.7.1,1 Disputes 4.1.4,4.3,4.4,4.5,4.6, Documents and Samples 3.11 Drawings, Definition of 1.1.5 Drawings and Specification 1.1.1, 1.3, 2.2.5, 3.n, 5.3 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 4.3.5,10.6, Employees, Co 3.3.2, 3-4-3, 3.8 n.l.l, n.4.7, 14.1, 14.2.1.1 Equipment, Labor 1.1.3, 1.1.6, 3 ,/ 4.2.6,4.2.7,5; 9.10.2, 10.2.1, 10. ., Execution and Progress of 1.1.3, 1.2.1, 1.2.2, 2.2.3, 3.10, 3.12, 3.14, 4.2.2, 8.2,9.5,9.9.1, 10.2, 10, Extensions of Time 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7 9.5.1,9.7.1,10.3.2,10.6.1,14.3.2 Failure of Payment 4.3.6,9.5.1.3,9.7,9.10.2,14.1.1.3,14. . ; " !J Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11-4,1, 1145, U.3.1, 13.7, 14.2.4, 14.4.3 financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.5 Insurance Companies, Consent to Partial Occupancy 9.9.1,11.4.1.5 Insurance Companies, Settlement with 11.4.10 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4.2.11, 4.2.U, 4.3.6 Joinder and Consolidation of Claims Required 4.6.4 Judgment on Final Award 4.6.6 Labor and Materials, Equipment 1.1.3,1.1.6,3.4,3.5.1,3.8.2,3.8.3, 3.U, 3.13, 3.15.1, 42.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Labor Disputes 8.3.1 aws and Regulations 1.6, 3.2.2, 3.6, 3.7, 3.U.I0, 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4,9.9.1,10.2.2,11.1,11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14 Liens 2.1.2, 4.4.8, 8.2.2,9.3.3,9.10 mitation on Consolidation or Joinder 4.6.4 imitations, Statutes of 4.6.3, U.2.6, 13.7 imitations of Liability 2.3,3.2.1,3.5.1,3.7.3, 3.u.8, 3.U.I0, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2,9.4.2,9.6.4,9.6.7,9.10.4, 10.3.3, 10.2.5,11.1.2,11.2.1,1147,12.2.5,13.4.2 Limitations of Time 2.1.2,2.2,2-4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7,4.3,4.4, 4'5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8 .3.1,9.3.3,9-4,1,9.5,9.6,9.7,9.8,9.9, 3,11-4,1.5,11.4.6,11.4.10, U.2, 13.5, 13.7,14 Insurance Material Suppliers , 3.U.l, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 azardous , 10.3, 10.5 als, Labor, Equipment and 1.1.3, 1.1.6, 1.6.1, 3.4, 3.5.1, 3.8.2, 3.8.23, 3.12, 3.13, 3.15.1,4.2.6,4.2.7,5.2.1,6.2.1,7.3.6,9.3.2,9.3.3, 9.5.1.3,9.10.2,10.2.1,10.2.4,14.2.1.2 ns, Methods, Techniques, Sequences and rocedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7,9.4.2 Mechanic's Lien 4.4.8 I cODvrJ~ht MWC .nrl ,-,III ....1..1__.. ..L_ ....1. . . 8'11 ~. .0 o. .0 0-.'"'"'.-0 o~~ t==:=J ~1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I, ,. n oo.5.~o c=::::J Ii:> 1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Mediation 4.4.1,4.4.5,4.4.6,4.4.8,4.5,4.6.1,4.6.2,8.3.1,10.5 Minor Changes in the Work I.U, 3.12.8, 4.2.8, 4.3.6, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1,1.1.2,3.7.3, 3.ll, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1,9.7, 10.3.2, ll-4-1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6,9.9.3,12.3 Nonconforming Work, Rejection and Correction of 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.8.2,9.9.3,9.10.4, 12.2.1,13.7.1.3 Notice 2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3, 4.4.8,4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2; ll.I.3, ll.4.6, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14.1, 14.2 Notice, Written 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,448,4.6.5, 5.2.1,8.2.2,9.7,9.10,10.2.2,10.3, ll.I.3, ll.4.6, 12.2.2, 12.2.4, 13.3, 14 Notice of Testing and Inspections 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Notices, Permits, Fees and 2.2.2,3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Contractor's 1.5.2,3.2,3.7.3,4.3.4 Occupancy 2.2.2,9.6.6,9.8, ll.4.1.5 Orders, Written 1.1.1,2.3,3.9,4.3.6,7,8.2.2, ll.4.9, 12.1, 12.2, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2,2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6.1.4,6.2.5,9.3.2,9.6.1,9.6-4,9.9.2,9.10.3,10.3.3, ll.2, ll.4, 13.5.1, 13.5.2, 14.1.1-4, 14.1.4 Owner's Authority 1.6, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3,4.2.4, 4.2.9, 4.3.6, 4-4-7, 5.2.1, 5.2.4, 5.4.1, 6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1, 9.9.1,9.10.2, 10.3.2, ll.I.3, ll.3.I, ll-4-3, ll.4.1O, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Owner's financial Capability 2.2.1, 13.2.2, 14.1.1.5 Owner's Liability Insurance 11.2 I Owner's Loss of Use Insurance ll.4.3 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 12.24 14.2.2.2 Owner's Right to Clean Up 6.3 Owner's Right.to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the 14.2 Ownership and Use of Drawin and Other Instruments of Serv 1.l.1, 1.6, 2.2.5, 3.2.1, 3.11.1, 3.17. Partial Occupancy or Use 9.6.6,9.9, 11-4-1.5 Patching, Cutting and 3.14,6.2.5 Patents 3.17 Payment, Applications fo 4.2.5,7.3.8,9.2,9.3,9' 9.10.1,9.10.3,9.10.5, II Payment, Certificates for 4.2.5, 4.2.9,9.3.3,9.4,9 9.10.3, 13.7, 14.1.1.3, 14. Payment, Failure of 4.3.6, 9.5.1.3, 9.7, 9.10.2; Payment, final 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.1Qi 1l.4.5, 12.3.1, 13.7, 14.2.4, 14.4; Payment Bond, Performance-n r<' 7.3.6.4,9.6.7,9.10.3, 1l.4.9il Payments, Pro~ 4.3.3, 9.3, 9; , PAYMENTS AND CO 9 Payments to Subcont 5.4.2, 9. 5.1.3,9.tl~ 14.2.l.2 '~@f'~ PCB 10.3.1 Performance Bond and 7.3.6-4,9.6.7,9.10.3, Permits, fees and Notil~~ 2.2.2,3.7,3.13,7.3.6.4,IO::ti PERSONS AND PROPERTY, PROTECTION 10 Polychlorinated Biphenyl 10.3.1 WARNING~ IInllrllnc,.d nhntnrnnulno "lnl.tac .. c: I"nnurll'lht 1.,&1. and ,..,III euhl_. .a,.. ul_ls...... +.... 1.......1 _......................_ t:ti. " Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.n, 3.12, 4.2.7 Progress and Completion 4.2.2, 4.3.3, 8.2, 9.8, 9.9.1, 14.1.4 Progress Payments )~j~1~(~~{~"rU~~i~' . ..~,~q~; Q)ectiM' Safety of Persons and Property 10.2, 10.6 Safety Precautions and Programs 3.3.1,4.2.2,4.2.7,5.3.1,10.1,10.2,10.6 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.n, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2,9.3.1 Schedules, Construction 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Separate Contracts and Contractors 1.1.4,3.12.5; 3.14.2, 4.2.4, 4.2.7, 4.6.4, 6, 8.3.1,11.4.7, 12.1.2, 12.2.5 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11,3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1,13.5 Site Visits, Architect's 4.2.2,4.2.9,4.3.4,9-4-2,9.5.1,9.9.2,9.10.1,13.5 t eciallnspections and Testing 4.2.6, 12.2.1, 13.5 pecifications, Definition of the 1.1.6 pecifications, The 1.1.1,1.1.6, 1.1.7, 1.2.2, 1.6, 3.n, 3.12.10, 3.17 tatute of Limitations 4.6.3, 12.2.6, 13.7 Stopping the Work 2.3, 4.3.6,9.7, 10.3, 14.1 Stored Materials _:3.2, 10.2.1.2, 10.2.4, 11-4-1.4 hr, Definition of -1 b Liability Insurance lJ.'?ctors, Work by '1:$;:3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 $,;' '8" tactual Relations 5':3, 5.4, 9.3.1.2, 9.6, 9.10 10.2.1, 11.4.7, n.4.8, 14.1, 14.2.1, 14.3.2 bmittals 1.6, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8,9.9.1,9.10.2, 9.10.3, 11.1.3 Subrogation, Waivers of 6.1.1, n.4.5, 1I.4.7 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3,9.4.2, 9.8, 9.9.1, 9.10.3, 9.10-4-2, 12.2, 13.7 Substantial Completion, Definition of I 9.8.1 .~ CODvrlaht IAlAI<< ......1 u.JII _..LI_ _A. .1 A Oo.tC:h.~o c==:=J 4:>1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 '. Ii, ~1I1 "" '0 d. .0 0-_ "",.. _-0 o a;::;:o o::s I===:J 101997 AIA@ AlA DOCUMENT Al01-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2,3.5.1,7.3.7 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 4.3-4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2; 33, 3.4, 3.U.1O, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.6, 8.2, 8.3.1,9-4-2, 10, 12, 14 Surety 4.4.7,5.4.1.2,9.8.5,9.10.2,9.10.3,14.2.2 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.4 Suspension of the Work 5-4-2, 14.3 Suspension or Termination of the Contract 4.3.6, 5.4.1.1, 11.4.9, 14 Taxes 3.6, 3.8.2.1,7.3.6.4 Termination by the Contractor 4.3.10, 14.1 Termination by the Owner for Cause 4.3.10, 5.4.1.1, 14.2 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11-4-1.1, 12.2.1,13.5 TIME 8 Time, Delays and Extensions of 3.2.3,4.3.1,4.3.4,4.3.7,4-4-5,5.2.3,7.2.1,7.3.1, 7.4.1,7.5.1,83, 9.5.1,9.7.1,10.3.2,10.6.1,14.3.2 Time Limits. 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1, 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4,6.2.4,7.3,7.4, 8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9, 9.10,11.1.3,11.4.1.5,11.4.6,11.4.10,12.2,13.5,13.7,14 Time Limits on Claims 43.2,4.3.4,4.3.8,4.4,4.5,4.6 I Title to Work 9.3.2,9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.4, 8.3.1, 10.3 Unit Prices 4.3.9,7.3.3.2 Use of Documents 1.1.1,1.6,2.2.5,3.12.6,5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2,9.3.1 Waiver of Claims by the 13-4-2 Waiver of Claims by the 4.3.10,9.10.5,11.4.7,13-4-2 Waiver of Claims by the 4.3.10,9.9.3, 9.10.3, 12.2.2.1, 13.4.2, 14.2.4 Waiver of Consequential 4.3.10, 14.2.4 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.4.5, 11.4.7 Warranty 3.5,4.2.9,4.3.5.3,9.3.3, 13.7.1.3 Weather Delays 4.3.7.2 Work, Definition of 1.1.3 Written Consent 1.6, 3.4.2, 3.12.8, 3.14.2, 9.8.5,9.9.1,9.10.2,9.10.3, Written Interp~t~iiWH~fi:2". (;:";-=-:,-~~~:..~;.4 :_<,.,..:;:;:_ \. 4.2.11, 4.2.12;l1: .... . . Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 5.2.1,8.2.2,9.7, 12.2.2, WARNING: Unlicensed DhotoCODVlnlz violates U.s. cODvrilzht laws and will subJect the violator to leoal If. ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents <;onsist 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 'Z?;,;,i'is,c~~!l)V!it!e:l;ly,~~p~mfnt to the Contract signed by both parties, (2) a Change Order, (3) a ..... . C;9B~tIij~~<>~"~hllDg~sB#ective or (4) a written order for a minor change in the Work issued by <",>'i;,W~~~~jti;~F,~~~s~'#E~<;:ifically enumerated in the Agreement, the Contract Documents do not "';"':'''ihdudeothe{docuInent~ such as bidding requirements (advertisement or invitation to bid, Yi~j',ll1SIDt~m:l11~,;t~i.~!q~~fs, sample forms, the Contractor's bid or portions of Addenda relating to .. .,....;i!~~J:y;P~~~~gf~9~~m7n~). 'i.:~/"":,;.:.1j:2.---':.:.jHicONiRACT _'. l~~'it; ;'0"', '-~'~ The ContniCi Doc~ments fOrID, the Contra!,)t for Construction. The Contract represents the entire '. ~;I!C. :..~;..d~i'i!~"~f{i~reemenYi~wee'Y~!i!~lp"ti" hereto and ,up<=<!" prior negotiation" ',- ',:"ii~~':l:epr~$ep~atiQl'l$'()r,~greeme~i~;:~Jther;~itfin or oral. The Contract may be amended or modified . "";'-,-,,::-onlfl>'y;a~MQditic:alion. T.M~()ntrac(i.u<??Jments shall not be construed to create a contractual ," ......, . ,;;;:EFelati~nshipRf,a~}', kinq'(li",~~!wee,#'~~,Arcb!tect and Contractor, (2) between the Owner and a :"" ';;,iiSUbc()n~ract()J.'()l:;.$Ub-~tI~,:p~~l'act?-flf(3)}b)t~~~n the Owner and Architect or (4) between any ",_,',:~,Sperson~~r entitie$: othefth~th~?9~~r ad~1;%9ntractor. The Architect shall, however, be entitled .. ;-.;,';to pe:rf().l1na~ce,,'aI}4;;'e~f9tie~e~~t:0E?bHga.~6ns under the Contract intended to facilitate . ;,performanceofthe'l\fchlted's"duties. ;;i'. . ',- " \{->:'</\',/~'., lj:~' - ':':"_:~;;}'!'~~:1~i~':;; -';:- ~7:,;:'~;5-'~':" - ":'; -." , ;.', ::'~"::-:L'~/,':.;_; , ""',;:;,:'> .' .,,~'q" ..:}!-;, ..'i/';1.1.3';"~\,TH:E W()~K':1:.~ii~fi? .i" . 3g,jj;;H};~h~ t~r~i "'10r~r~tlii~aq~i1A,;ic~09~':f;~()nw~lWeivices required by the Contract Documents, j,;.'t;',~~et~e~~o~PI~te~;b~ p~iQiy 99tpi>lfteH!!~~~cludes all other labor, materials, equipment and /';i/:;iiJ;'i.Ys~ryic~~:pr()yi?~;of t(fbe,pi~yj,~~a.J)Y t~~;G6~(iactor to fulfill the Contractor's obligations. The .11~i~'l\!3~i~ ~r Iri~lIie "~tfi.f'~Fmi ....~e;project. , Contract Documents showing the /including plans, elevations, sections, Y;);i;;;', \~-;:" . :t>. "')hents consisting of the written require- '~orkmanship for the Work, and perf or- ,-c :-.~~- ;~!~,[~ ~'A\;><:o{::;' .~ ~.:i~~_;: '-',/"-,,,; he Work which may include the bidding ontract and Specifications. , ,,~E CONTRACT DOCUMENTS ff~~~.P~ments is to include all items necessary for the proper ~t.'mr'Work by the Contractor. The Contract Documents are S~ CODvr'Qht lawc Anti ",II" ",..LI__ .L _ hO .. .. . I A Oo'a::::;o'~O r=:=::J (l1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OFTHECONTRACTFOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I " ,. 11111 "" D O. .0 0-. "'." .-0. o 0::;:l:S ~ ~ <<:>1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute. of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 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 technical or construction industry meanings are used in the Contract Documents in with such recognized meanings. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are defined, (2) the titles of numbered articles and identified references to and Clauses in the document or (3) the titles of other documents Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit as "all" and "any" and articles such as "the" and "an;' but the fact that a absent from one statement and appears in another is not intended to either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be signed by the Owner and Owner or Contractor or both do not sign allthe Contract Documents, such unsigned Documents upon request. 1.5.2 Execution of the Contract by the Contractor is a representation th visited the site, become generally familiar with local conditions under performed and correlated personal observations with requirements of 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OF SERVICE 1.6.1 The Drawings, Specifications and other documents, including prepared by the Architect and the Architect's consultants ar~ H which the Work to be executed by the Contractor is describe' record set. Neither the Contractor nor any Subcontractor, 4;. equipment supplier shall own or claim a copyright in the DraWfir documents prepared by the Architect or the Architect's consultants, indicated the Architect and the Architect's consultants shall be will retain all common law, statutory and other reserved copies of Instruments of Service, except the Contractor's accounted for to the Architect, on request, upon completion Specifications and other documents prepared by the Architect and the Arc4i~~g.'~'~O'n~ult,mts, ap:d copies thereof furnished to the Contractor, are for use solely with respef~"'t ,. .1~2t.Ythey"~te not to be used by the Contractor or any Subcontractor, Sub-subeoH t{~iliateriaror ',. -',_, ...._.... >_",..-.:"':.,..4,:1' equipment supplier on other projects or for additions to this Project outside hdstbpe ~f}!!~~~t~;:;i without the specific written consent of the Owner, Architect and the Architect's cO~91t~!~;;~l1e;V Contractor, Subcontractors,. Sub-subcontractors and material or equipment/~U;R:Pl~.~~$;~\~l authorized to use and reproduce applicable portions of the Drawings, Specificat~qp~.fal1.ql9tIier documents prepared by the Architect and the Architect's consultants appropriate to and for' use in I w...,.,_ ""'~~ ~_~ ~,_. ". __~~. ...h" .... _......_ " , the execution of their Work under the Contract Documents. All copies 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. , tractor within fifteen days after receipt of a written 't for the Contractor to evaluate, give notice of or anon shall include a correct statement of the record .~cif1,is located, usually referred to as the site, and the F THE OWNER f the Contractor, prior to commencement of the asonable evidence that financial arrangements der the Contract. Furnishing of such evidence nt or continuation of the Work. After such t materially vary such financial arrangements e required under Subparagraph 3.7.1, which are "ontract Documents, the Owner shall secure and ,"" '~nts and charges required for construction, use or 'rmanent changes in existing facilities. 'r by the Contract Documents shall be f~ther information or services relevant , ner's control shall be furnished by the <'i>"'-'P' tfequest for such information or services. Documents, the Contractor will be furnished, Manuals as are reasonably necessary for RK ork which is not in accordance with the requirements y Paragraph 12.2 or persistently fails to carry out Work in ...__.....:_L.. 1__.._ I H'li ~. .D O. .0 ,0-. ""H .-0. o a:::;t:) ~ c=:::J el997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 # II oo'cCb'~o c=::=J @1997 AIA@ AlA DOCUMENT Al01-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the to throughout the Contract Documents as if singular in number. The the Contractor or the Contractor's authorized representative. accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with Contract Documents and fails within a seven-day period after receipt of written notice from Owner to commence and continue correction of such default or neglect with diligence promptness, the Owner may after such seven-day period give the Contractor a second notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the may have, correct such deficiencies. In such case an appropriate Change Order shall be from payments then or thereafter due the Contractor the reasonable cost deficiencies, including Owner's expenses and compensation for the Architect's made necessary by such default, neglect or failure. Such action by the charged to the Contractor are both subject to prior approval of the Architect. thereafter due the Contractor are not sufficient to cover such amounts, the difference to the Owner. 3.1.2 The Contractor shall perform the Work in accordance with the 3.1.3 The Contractor shall not be relieved of obligations to perform with the Contract Documents either by activities or duties of the administration of the Contract, or by tests, inspections or approvals persons other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY 3~2.1 Since the Contract Documents are complementary, Work, the Contractor shall carefully study and compare the Documents relative to that portion of the Work, as well as Owner pursuant to Subparagraph 2.2.3, shall take field related to that portion of the Work and shall observe any conditions (ltt~~ obligations are for the purpose of facilitating construction by t~~.~pf.ltfllapr(lnd ..~-:,:::.",..", _,:;,:"',,-f'-'t~;~' """-"',-. purpose of discovering errors, omissions, or inconsistencie~J;Jrr:Jlje"hSOl1tI!lct however, any errors, inconsistencies or omissions discovered by th~G9Pii;a~toi'shlclle~e promptly to the Architect as a request for information in such form as-tl'{~::;~~;~~es~::~~y _(~:r:'r\:/.;:t{:)._ >'_:, ::'-:,,:::::L~ ;~:'~_':_::'~~." _ _-,~:"~'. ":- _ :" 3.2.2 Any design errors or omissions noted by the Contractor d~rh1~Glffi~:~.r~e\V;'sh~llbe reported promptly to the Architect, but it is recognized that the Contratto*>st~vle'vis made}Il.!he Contractor's capacity as a contractor and not as a licensed design profess{oriail:inle~s.'.9ttieryvise; specifically provided in the Contract Documents. The Contractor is not required to,assertaulthat'C the Contract Documents are in accordance with applicable laws, statutes, ordin~ces;bl.lildiIig codes, and rules and regulations, but any nonconformity discovered by or madekrlown'iothe Contractor shall be reported promptly to the Architect. I .... ........ _ . '_"___ __.. __ _..._ __ _... _.. _ ._._ _ .... __ .. .' 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4.3.7.' If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or ~'pIIIissipn . tract Documents or for differences between field measurements or >'-'-}"':~_",:'L-"?:: _ ()hditi6 ntract DocumeIits unless the Contractor recognized such error, difference and knowingly failed to report it to the Architect. :R~"~'l'.~'.~~X~ND CONSTRUCTION PROCEDURES Ii.:. ~;CpiltriiCtor shall supervise and direct the Work, using the Contractor's best skill and ';',"-,:":I-{:'; ._:.,1.:.:-. attenhon:'The . Contractor shall be sole.ly responsible for and have control over construction ~_,:,:':':"""~:::' ~;::~-:: ";:"F;:: ~ :""',' .:~m~;;1;;:.,~t~~chnique ;f~equenc ":'::"d procedures and for coordinating all portions of the q~!c~HQd".' ontract. \less t, .. ntract Documents give other specific instructions oqfe~g '.'-, atters4 e G9~..,~ct Documents give specific instructions concerning o~~m!~~jiis, me~" h ""''':': quene.. 0' procedures, the Contractu, sh~ll evaluate her}QB~!te S%t;~Y;1Pereof. e,~te~ below, shall be fully and solely responsIble for the ob$,i~~iS-~fet}r~&~i~Hch"c~rijgues, sequences or procedures. If the Contractor :~:;:!%'~i:get~~~s t~~~;iYFh,. hli#fues, sequences or procedures may not be safe, the zj,;t'[)C;f:Oi!l~~Cfor sh.~~:give{.' .' ";' ;'; Owner and Architect and shall not proceed with - hat;'ipOttioql~2.~hh~~j".. . ..... .. ritten instructions from the Architect. If the .' oIjtr~ctor isJWeIJ,i~~:;: - .... J9;pij) , ". . required means, methods, techniques, sequences '. " _.,:~,>;.,_.r:,:'-, i"'\.l",:." t<":-"'-:~:"t': -' !}.'_':><,',:":'i "':., or prP~~<.lures; w-jtliO if~C'_ . Jifu;~~~'06' roposed by the Contractor, the Owner shall be I .1. .". '.. ,'. ........ ,. 'l.i.l' ,," - '. '';'' ".,,,,~,,. . ..",.,~ l' ~o e ,yresporisIye7 . e' , "~. '-,-:, ... .^ e Owner for acts and omissions of the Con- ts and employees, and other persons or entities )l1f of the Contractor or any of its Subcontractors. pection of portions of Work already performed ,hdition to receive subsequent Work. <mtract Documents, the Contractor shall provide and ~S()hstru~~ vipment and machinery, wat~r, heat, es an ' '. ecessary for proper executIOn and and whether or not incorporated or to with the consent of the Owner,- after 'ge Order. A Oo'lCh'~O c:=::::::J ne and good order among the Contractor's Contract. The Contractor shall not permit "in tasks assigned to them. .....f'it,') J WARRAN . \,';.r:<;':.',;-::::-~ Tll.~;';i$9ntractor \, < e Owner and Architect that materials and equipment <.,.l;lI~,edi~4~tJ;~e c~ri!t~::."\'7ci'p'f good quality and new unless otherwise required or '~p.nltiedoy'thl{Contract b~tij~pMilthat the Work will be free from defects not inherent in the .uillity required or permitted, and that the Work will conform to the requirements of the Contract 101997 AIA@ AlA DOCUMENT AlOI-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I it, ;A A Oo.~.~O I:::=:J <01997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided b the Contractor which are legally enacted when bids are received or negotiations concludedr/;". whether or not yet effective or merely scheduled to go into effect. "0' 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor pay for the building permit and other permits and governmental fees, necessary for proper execution and completion of the Work which are execution of the Contract and which are legally required when bids are concluded. secure and 3.7.2 The Contractor shall comply with and give notices required by 1<!W:~, regulations and lawful orders of public authorities applicable to performa#""';' l;'~,.. ",,' 3.7.3 It is not the Contractor's responsibility to ascertain that the Con:;' accordance with applicable laws, statutes, ordinances, building codes, and~~' However, if the Contractor observes that portions of the Contract Docu \" therewith, the Contractor shall promptly notify the Architect and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to la' building codes, and rules and regulations without such notice to the Contractor shall assume appropriate responsibility for such Work attributable to correction. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances Documents. Items covered by allowances shall be supplied for such or entities as the Owner may direct, but the Contractor shall or entities to whom the Contractor has reasonable objection. 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and at the site and all required taxes, less applicable trade discoJ,li.'itS;':.h. . ..,;! .2 Contractor's costs for unloading and handling at t{ie:~$ite; la~'or;1nstallation ,costs;::'~'i'i' overhead, profit and other expenses contemplated for'sf~i~Wi3Jt6~rtte ;aD1oun{~\$haIl".:.J;. be included in the Contract Sum but not in the allowances;/\"c;;;;;' ',,"S..;,";: .'C" .3 whenever costs are more than or less than allowances, the . c::o.Atf~?t;'~~Il} shaRpe adjusted accordingly by Change Order. The amount of the q~~~~i'Qi:~et;~h;il rGfl~~t (1) the difference between actual costs and the allowances'::H:ri4.~~,~ia4S'e: 3.8.2.1 'and (2) changes in Contractor's costs under Clause 3.8.2.2. ",.~t.':;:".',t';.. 3.8.3 Materials and equipment under an allowance shall be selected by the time to avoid delay in the Work. I w...,.., """~,.. ....~"" .....M. '" __.....1_........." ............ ....... M ....1 " 'I 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. QNSTRUCTION SCHEDULES omptly after being awarded the Contract, shall prepare and submit for ,,~,,}'s information a Contractor's construction schedule for the Work. The 'e'ea time limits current under the Contract Documents, shall be revised at :required by the conditions of the Work and Project, shall be related to the ent required by the Contract Documents, and shall provide for expeditious .cution of the Work. ep current, for the Architect's approval, a schedule of Contractor's construction schedule and allows the Is. rk in general accordance with the most recent for the Owner one record copy of the Drawings, ther Modifications, in good order and marked de during construction, and one record copy of nd similar required submittals. These shall be the Architect for submittal to the Owner upon PLES edules and other data specially prepared for the Sub-subcontractor, manufacturer, supplier or rk. terials, equipment or workmanship and 'milar submittals are not Contract rate for those portions of the Work for uments the way by which the Contractor the design concept expressed in the Contract to the limitations of Subparagraph 4.2.7. . s not expected to take responsive action may mittals which are not required by the Contract itect without action. R oo-a::::h'~o [:=J @1997 AIA<l!> AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION tor sha j ompliance with the Contract Documents, approve and mit to the Architect Shop Drawmgs, Product Data, Samples and similar submittals required by The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ~i. rnnvrlah. I...... ..._..1 ...11' _uL. I I 1\ . 8 oo'e'~o c=:::J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington, D.C. 20006-5292 the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has and coordinated the information contained within such submittals with the requirements of 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. fJ'I:l~f~~:~, ;,.J,::':," 3.12.8 The Work shall be in accordance with approved submittals except that tli~;~6~tract9f~~all not be relieved of responsibility for deviations from requirements of the Cont~~8t;i~9Fum~M'Why the Architect's approval of Shop Drawings, Product Data, Samples or similar sUQnIittaI$ unIess:~~ Contractor has specifically informed the Architect in. writing of such deviati9~;,~!i;~e 4ili'e,,<>f\ submittal and (1) the Architect has given written approval to the specific{.g~via\i(jri;'a$, a\n:iihQr:0\; change in the Work, or (2) a Change Order or Construction Change Diiefti'yeh'~;15~~l1 i~sti~d;;;);, authorizing the deviation. The Contractor shall not be relieved of respbri:5ibilitkAf6t'etr.~rs iO:r>.Jl:;}.. omissions in Shop Drawings, Product Data, Samples or similar submihaI~',W,the:Mchite~t's _.,::; : , approval thereof. ",:' ~ . . \',~: ."- '<" ';:' {'s, ...<t't.,. ,\{',;,;,y>;.\. '::;!;.:;J7-1.,f~;..';\ 3.12.9 The Contractor shall direct specific attention, in writing or];'9n'~\i~$U1?xlljttea'Shdp \;;3;'::;';2';-:':' Drawings, Product Data, Samples or similar submittals, to revisions othJ~Wlin t1iQs~'feq~est~abY\hi_... the Architect on previous submittals. In the absence of such writt~ry~jAQtl~e';t11~M~l1lt~ct'S'!'\" ..... ..... appwval of a resubmission shan not apply to sueb revisions. ~~S;{~~~~;Z}",~,;~. .", 3.12.10 The Contractor shall not be required to provide profe~~!?~':lii~; )'Yjc~~'-WhiFhJ"i:\':;;;, ':: constitute the practice of architecture or engineering unless such services';~e:,sp~'Ciij<::any'requI~ed'>,;;. \ . by the Contract Documents for a portion of the Work or unless the Contrat:tor:.needs to provide :,;.. ". such services in order to carry out the Contractor's responsibilities for\~~p~thiStiQ~)h~~ij;'~t;P;'.;5:;>:\ ';> '-"'. .., '..".' ,,,....,, '..' .- ....,..". -"':.-"". ' methods, techniques, sequences and procedures. The Contractor shall not be r~<ijjrr~q;1o-prpvide"t,;'V':h,">:', professional services in violation of applicable law. If professional design seryices or-~erf!*,cajio~s ';~'.;',':"/ by a design professional related to systems, materials or equipI1l~nt are specifi~any- reqUired oHhe:" '.J "', .,., , Contractor by the Contract Documents, the Owner and the Ar~te~tWill,specifY,~I'perf()pnance.," ,. '. and design criteria that such services must satisfy. The Contr~c{(:)i";~ 'cause siicl(services,or ,-:, " " certifications to be provided by a properly licensed design profes;irihli ose signature and seaf __>.\ ' shall appear on all drawings, calculations, specifications, certifications,Shop:llraMngsjlrid;6the:r:.i'/:";.':,' submittals prepared by such professional. Shop Drawings and 9thei'~b~ihals relat~d;;io'the:,!"2;{?;':;};.J -:~_~ ~>~~-~'\?:;;':~'-;'~''('';'''/'::it~ . ,.J....""..'J. ;:'::>.'":' ;;~':i:':::_;::',:':;:;' Work designed or certified by such professional, if prepat'eq.;eBrf;~Wer~,~,~hall bea~cSllch';Y...::/'" professional's written approval when submitted to the Architect~~:n~~~:~~t'i~r1q;cth~ At~Ait~ct.;:.';:L' shall be entitled to rely upon the adequacy, accuracy and coIripl~i~'~ess o{;tl1~ servlte~>':; certifications or approvals performed by such design professionals, pro . .,wK!~eh()\\,ner.and Architect have specified to the Contractor all performance and design.$i;:.:.,,,,..~~~llWsetyl~~s must satisfY. Pursuant to this Subparagraph 3.12.10, the Architect will reVi~'~ppr~~ei)itake other appropriate action on submittals only for the limited purpose of checkin'g:'t6-r;contorIYa~<::~f'~th;;-; information given and the design concept expressed in the Contract Documents. T~€?qofltf'afiQrY shall not be responsible for the adequacy of the performance or design criteria ~~9~~'i9Y:We Contract Documents. . !~;,;'~ii:ijfiNi(&~?" I WARNING: Unlicensed DhotocoDvlnll violates U.S. cODvrlc>ht law. anti will ,"hh.rt th.. vlnl"tn. tn 1"",,1 . oi 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching requir~d to complete arts fit together properly. all not damage or endanger a portion of the Work or fully or partially f the Owner or separate contractors by cutting, patching or otherwise on, or by excavation. The Contractor shall not cut or otherwise alter such wner or a separate contractor except with written consent of the Owner and ntractor; such cons nt shall not be unreasonably withheld. The Contractor ably wit old fro eOwner or a separate contractor the Contractor's r othe. he . Work. ses and surrounding area free from accumulation of under the Contract. At completion of the Work, Project waste materials, rubbish, the Contractor's rpIus materials. ed in the Contract Documents, the Owner may Contractor. d Architect access to the Work in preparation icense fees. The Contractor shall defend suits or rights and shall hold the Owner and Architect not be responsible for such defense or loss when ticuIar manufacturer or manufacturers is required opyright violations are contained in Drawings, by the wner or Architect. However, if the quire ocess or product is an infringement ctor ponsible for such loss unless such Arch e extent claims, damages, losses or . ve Liability insurance purchased by the ntractor shall indemnify and hold harmless gents and employees of any of them from and ing but not limited to attorneys' fees, arising provided that such claim, damage, loss or isease or death, or to injury to or destruction of 'tself), but only to the extent caused by the negligent acts tractor, anyone directly or indirectly employed by them Ie, regardless of whether or not such claim, damage, loss a party indemnified hereunder. Such obligation shall not be 8'" 'tll .0 O. .0 0-."""..-0. o~~ C=:J 01997 AIAC1ll AlA DOCUMENT Al01-1"7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I ~ cnnvr'aht I..... ..._"" ...... _.... ~.. ~ " R"' ... .0 o. .0 O'.~'. .'0 o~~ c::::=:J ~1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OFTHECONTRACTFOR CONSTRUCT/ON The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 I construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. 3.18.2 In claims against any. person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone dir~ctly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an ,~ntity lawfully practicing architecture identified as such in the Agreement and is referred t.~' ughout.~he Contract Documents as if singular in number. The term "Architect" means t itect' e Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect Contract Documents shall not be restricted, modified or extended without Owner, Contractor and Architect. Consent shall not be unreasonably wit 4.1.3 If the employment of the Architect is terminated, the Owner shall against whom the Contractor has no reasonable objection and whose sta 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 Documents, and will be an Owner's representative (1) during constructio is due and (3) with the Owner's concurrence, from time to time during correction of Work described in Paragraph 12.2. The Architect will have a of the Owner only to the extent provided in the Contract Documents, u in writing in accordance with other provisions of the Contract. 4.2.2 The Architect, as a representative of the Owner, will visit the site at i to the stage of the Contractor's operations (1) to become generally familiar Xf" Owner informed about the progress and quality of the portion of the W;r endeavor to guard the Owner against defects and deficiencies i k" an general if the Work is being performed in a manner indic '~ he completed, will be in accordance with the Contract Documents. ~\the be required to make exhaustive or continuous on-site inspections to C!l~:E" quantity of the Work. The Architect will neither have contro '''''''C' responsible for, the construction means, methods, techniques, s~!)" edures, or safety precautions and programs in connection with the waF Clf~j,.sol~l Contractor's rights and responsibilities under the Contract Do~u gs5P~ovl" Subparagraph 3.3.1. 4.2.3 The Architect will not be responsible for the Contractor's fail accordance with the requirements of the Contract Documents. The control over or charge of and will not be responsible for acts or omissions of th Subcontractors, or their agents or employees, or any other persons or entities perfo, c' of the Work. ' ''''ADU.J.It:. 11_11_..._.._.... _L._&____.I__ ..1_1_..._..... r ___._I_L.. ,_..._ __.J ...111 _..LI__& ..L_ _.._1....__ &_ .. __I ____ . .1 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, 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 Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. " itect's evaluations of the Contractor's Applications for Payment, the ;:~ certify the amounts due the Contractor and will issue Certificates for 'b. , or take other appropriate action upon' the , Product Data and Samples, but only for the ith information given and the design concept itect's action will be taken with such reasonable in the activities of the Owner, Contractor or e in the Architect's professional judgment to ittals is not conducted for the purpose of er details such as dimensions and quantities, or r performance of equipment or systems, all of r as required by the Contract Documents. The all not relieve the Contractor of the obligations s review shall not constitute approval of safety ated by the Architect, of any construction means, . The Architect's approval of a specific item shall the item is a component. ruction Change Directives, and may ph 7.4. , If~ct will' "'''~ decide matters concerning performance under, and irements of, the Contract Documents on written request of either the Owner or' Contractor. },'! copyright laws and will subject the violator to lellal Drosecutlnn I 8111 ~. .D O. .0 O..~..O o..........~ c::::=::J 101997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 .~ .) A oo'e'~o c=:::J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of 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 06':;,"'.' drawings. When making such interpretations and initial decisions, the Architect will endeavor t secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. ;).. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties see right, adjustment or interpretation of Contract terms, payment of money, ex other .relief with respect to the terms of the Contract. The term "Claim" ill disputes and matters in question between the Owner and Contractor arisi the Contract. Claims must be initiated by written notiCe. The responsibility' shall rest with the party making the Claim. 4.3.2 Time Limits on Claims. Claims by either party must be initiate occurrence of the event giving rise to such Claim or within 21 days af recognizes the condition giving rise to the Claim, whichever is later. CI ,:,,:': written notice to the Architect and the other party. 4.3.3 Continuing Contract Performance. Pending final resolution otherwise agreed in writing or as provided in Subparagraph 9.7.1 and shall proceed diligently with performance of the Contract and the Owne payments in accordance with the Contract Documents. 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are en which are (1) subsurface or otherwise concealed physical conditions which di those indicated in the Contract Documents or (2) unknown physical condit.i9,. nature, which differ materially from those ordinarily found tq,..~' and geri($~. inherent in construction activities of the character provided fOl~\' ',' ntracr:',XS\,. ." ~",:. notice by the observing party shall be given to the other part. efore"'E5hditi~:lirif~,;;;:"~\\ disturbed and in no event later than 21 days after first observance 0 itio':rAf~!fi~iSt;,\:~;&-i;\ will promptly investigate such conditions and, if they differ materially and ~~J!;s '~~}'Q*if>>'<y5,;/\';'}:' decrease in the Contractor's cost of, or time required for, perform<mc' ,\-, art 0.;jWdf~~;:(1ij~~;:;i[~;:-,:> :,- will recommend an equitable adjustment in the Contract Sum ' , or both.Jr.;: '.:. ':0fAi!:if;;~.:i;;> - Architect determines that the conditions at the site are not . . I!~TI.fi;om;1itlF. ,p' indicated in the Contract Documents and that no change in the terms 0 ontri{Ni~ justtfi~ the Architect shall so notify the Owner and Contractor in writing, statin, . ,~aiI1J~~BY either party in opposition to such determination must be made within ' c1ll1~pt has given notice of the decision. If the conditions encountered ar , j erent, the Contract Sum and Contract Time shall be equitably adjusted, but if the d C;;U:ae~9;':. cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustc:'C' referred to the Architect for initial determination, subject to further proceedi Paragraph 4.4. 1""",0., ""....., """'""'''''s """", "5. oo"righ"'.' ... will "bjod" "'"""......' P~"""~., ,; " 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.6. 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 ~r~;~~:;~~!~a9!W~;~~ not at fault, (3) a written order for a minor change in the Work issued ;,' -":';,~'i%l!i ' ")lpre of payment by the Owner, (,) tenoinalion of the Contract by the {...tI}[( "'~pension or (7) other reasonable grounds, Claim shall be filed in ':~~"""\'~-):',. ~'::}::c_ ."? ac r aI1ce \Vitlh aragraph 4.3. . If either party to the Contract suffers injury or t or omission of the other party, or of others for ten notice of such injury or damage, whether or ii'";:, a reasonable time not exceeding 21 days after '1 to enable the other party to investigate the '" pocuments or subsequently agreed upon, and if !~!f~Jly changed in a proposed Change Order or " '('Jion of such unit prices to quantities of Work ~:Owner or Contractor, the applicable unit prices . . The Contractor and Owner waive Claims against ,lI1g ou .' ating to this Contract. This mutual enses, for losses of use, income, profit, for loss of management or employee f$Qns; and '~'"'t''' .") cipal office expenses including the losses of financing, business and repu- ~/Jl ~ D O. .0 O"~"O o.............~ c:::::J R,> N OF C"<.', ,)SPUTES ~~i$i~~ftqf Arch1t~." '2"f'.;;'~;"\including those alleging an error or omission by the Ifect b~rce~Ciuding thds~aff .lmder Paragraphs 10.3 through 10.5, shall be referred milially to the Architect for decision. An inilial decision by the Architect shall he required Ii @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 copyrIght laws and will subl""t th.. u'^I..__ &_ .___. . . .. A oo.a:::n.~o c==J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons'or entities other than the Owner. 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or response with supporting data from the other party, (2) reject the Claim in whole or in part, approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Architect is to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims; the Architect may, but shall not be obligated to, co~1 with or information from either party or from persons with special knowledge or e.f~<'ilj$e assist the Architect in rendering a decision. The Architect may request the "1 t[\o retention of such persons at the Owner's expense.""" 4.4.4 If the Architect requests a party to provide a response to a Claim or"W supporting data, such party shall respond, within ten days after receipt of &2,;';0, either provide a response on the requested supporting data, advise t response or supporting data will be furnished or advise the Architect that be furnished. Upon receipt of the response or supporting data, if any, t reject or approve the Claim in whole or in part. 4.4.5 The Architect will approve or reject Claims by written decision, sons therefor and which shall notify the parties of any change in the Time or both. The approval or rejection of a Claim by the Architect the parties but subject to mediation and arbitration. 4.4.6 When a written decision of the Architect states that (1) the mediation and arbitration and (2) a demand for arbitration of a Claim must be made within 30 days after the date on which the party making final written decision, then failure to demand arbitration within said 30 in the Architect's decision becoming final and binding upon the Owner Architect renders a decision after arbitration proceedings have been be entered as evidence, but shall not supersede arbitration acceptable to all parties concerned. 4.4.7 Upon receipt of a Claim against the Contractor or at any tim the Owner may, but is not obligated to, notify the surety, if any, of th~ Claim. If the Claim relates to a possibility of a Contractor's defa,~r may, but is not obligated to, notify the surety and request the sti~i controversy. . . ".,:"<~'::~;r_~r'?:i.?".~ 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the pa~tst:;ii$~#tt~nk:sgch 9itiJ:P may proceed in accordance with applicable law to comply with the liemn2!!~e}9<' 'ug,d'eadlines prior to resolution of the Claim by the Architect, by mediation or by a:rbitr~f~9,~" 4.5 MEDIATION,."" 4.5.1 Any Claim arising out .of or related to the Contract, except Claims relatjti~'t .:,.;.,).it effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9:i:(t'5'~hall''arter initial decision by the Architect or 30 days after submission of the Claim to the Architect, be I. WAIN'NG, U"....... ".,..,.."". ....... U.< """"8'" ... ,,' _" ""'JK'~' ,.""" ..,....' . .. subject to mediation as a condition precedent to arbitration or the institution of legal or equitable 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 be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. ...l\Y~1? ag,e concurrently with the filing of a demand for arbitration but. in such "0" ceed in advance of arbitration or legal or equitable proceedings, which ., ediation for a period of 60 days from the date of filing, unless stayed for ent of the parties or Court order. to the Contract, except Claims relating to aesthetic Subparagraphs 4.3.10,9.10.4 and 9.10.5, shall, after sion of the Claim to the Architect, be subject to I endeavor to resolve disputes by mediation in decided by arbitration which, unless the parties with the Construction Industry Arbitration rrently in effect. The demand for arbitration e Contract and with the American Arbitration hitect. ithin the time limits specified in Subparagraphs ~ in a reasonable time after the Claim has arisen, en institution of legal or equitable proceedings applicable statute of limitations as determined j!tion arising out of or relating to the ~ny other manner, the Architect, the IIsent containing specific reference to . ect, ntractor and any other person or entity '/'..' I (tp~ude, by consolidation or joinder or in any other .l;ll1'tH~i':\vi1~f; Con":'" rate contractor as described in Article 6 . volved . stion of fact or law whose presence is ( on. No person or entity other than the ribed in Article 6 shall be included as an arbitration whose interest or responsibility is .dditional person or entity shall not constitute , rein or with a person or entity not named or "itrate and other agreements to arbitrate with an ted to by parties to the Agreement shall be specifically ourt having jurisdiction thereof. . oO'~'~<::> c=::J 1!:l1997 AIACli) AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT fOR CONSTRUCTION copyright laws and will sublect th.. vlnl~.,!".~ ..__. n_ I The American Institute of Architects' 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I if ,t A Oo'cC:h'~O c=:=J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in .the demand all Claims then known to that party on which arbitration is permitted to be demanded. 4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or _an authorized representative of the Subcontractor. The term "Subcontractor" does not inf(4~e a sep<.!r.ate contractor or subcontractors of a separate contractor. 1~;??rr:;1t\ i .;\ '\[:~:~:".?:," '.:; "_C\ _ j.;",:_,,_:-: -; ::_'",} 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indire~~:rs~~!ract~~~l1;'a Subcontractor to perform a portion of the Work at the site. The term "sub~$4~ci9~!ra~t(l~",i~, referred to throughout the Contract Documents as if singular in n1JWb~r;"'~~<;I:}m\ea?sa.,;:. Sub-,ubcont..cto, 0' ,n ,utbo,;ud "'p",,,ntaUv< of lb, SUb-'Ubcont..ct~[~\\:;f~~~~)t,~!!j~~)~!! 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTlONS;Of THE WORK;:~ '. 5.2.1 Unless otherwise stated in the Contract Documents or the bidding.require.rile~ts) the,:. Contractor. as soon as practicable after award of the Contract. shall furil~&fl:in')VdHl1gtoith~'<, Owner through the Architect the names of persons or entities (includingt90S'~'",r?:ar.~tdfyrnisp.:,,;.\.:r '.., " materials or equipment fabricated to a special design) proposed for eacq.'~iiHdpat':p(jition:;ofthe, . " Work. The Architect will promptly reply to the Contractor in writing st'~(f~~i~hetlj~r;~t~ot.the'; Owner or the Architect. after due investigation, has reasonable objectioi1',!Q;.afiy}suchpr?p6se~" . person or entity. Failure of the Owner or Architect to reply promptly shallco#s#!U:~~nbtice:of,rio fi}"> ''''''n,bl, objection. ~Il;~::~!~t&~" ,?;~~~),!J 5.2.2 The Contractor shall not contract with a proposed person or entIt}':'~9.;Wh()m*~Qwl}er',.< or Architect,has made reasonable and timely objection. The Contractor snallIi3fibe'xequiredto'/,,>, contract with anyone to whom the Contractor has made reasonable obje~tioIi~.;?;"j!:~:;;;,:c~;;;';j~}::\j'>:' " ::"}.;- ,':~', 5.2.3 If the Owner or Architect has reasonable objection to a person or ent1ty'proposed by the',. Contractor, the Contractor shall propose another to whom~t~~))\oVner or Ar~hitect '.has'n~. " reasonable objection. If the proposed but rejected Subcontra~<ir;-~;:;reaSOriablycapabl#~f<.,\ '. performing the Work. the Contract Sum and Contract Time shallDejQ~a5'ed orq,e,c:re~~e4lJY- the';,- _ .. difference, if any. occasioned by such change. and an appropriate Change Order'shall'.be issued: ..'. .. " .) / ., before commencement of the substitute Subcontractor's Work. However, no increase.in the .:_' Contract Sum or Contract Time shall be allowed for such chang~:.'~'''' ,_"L"~'\"lJtractor ha~}c:~~d,,:;< ' promptly and responsively in submitting names as required."'!' .... \ ',,:. "':';~' . : '.::- "'~;'-.':: -,:'- '~:': . 5.2.4 The Contractor shall not change a Subcontractor. person or entity Owner or Architect makes reasonable objection to such substitute. if the ";,:T,'~" i"c.',':>~ 5.3 SUBCONTRACTUAL RELATIONS ".~'F;3,:":",,- 5.3.1 By appropriate agreement, written where legally required for validity, the Contf~~Ipf;sli~ir~?' require each Subcontractor. to the extent of the Work to be performed by the Subc9nlracfor;,tobe' bound to the Contractor by terms of the Contract Documents. and to assu#te;'t~Gii'rdihe Contractor all the obligations and responsibilities, including the responsibility for safety of the 1-- u.._, _Py"'< .....to. u.,. _.,~. ... W" "bjod'" .,""'" .... '. .~ Subcontractor's Work, which the Contractor, by these 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 '. to similar agreements with Sub-subcontractors. The Contractor shall oposed Subcontractor, prior to the execution of the subcontract agree- act Documents to which the Subcontractor will be bound, and, upon bcontractor, identify to the Subcontractor terms and conditions of the greement which may be at variance with the Contract Documents. iinilarly make copies of applicable portions of such documents available to roposed Sub-subcontr ctors. NTRACTS tion of the Work is assigned by the Contractor to the termination of the Contract by the Owner for cause or those subcontract agreements which the Owner and Contractor in writing; and hts of the surety, if any, obligated under bond as been suspended for more than 30 days, the ;' djusted for increases in cost resulting from the PARATE CONTRACTORS ON AND TO AWARD SEPARATE CONTRACTS onstruction or operations related to the Project ate contracts in connection with other portions ns on the site under Conditions of the Contract luding those portions related to insurance and that delay or additional cost is involved because of 1 make such Claim as provided in Paragraph 4.3. ivities of the Owner's own forces and or, who shall cooperate with them. The ractors and the Owner in reviewing their e Contractor shall make any revisions to the joint review and mutual agreement. The ~edules to be used by the Contractor, separate lsed. AliI ~. .0 o. .0 o..~..<::) o...........~ c::=:::::J @I997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION he Contract Documents, when the Owner performs roject with the Owner's own forces, the Owner shall be Igations and to have the same rights which apply to the The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution. I I d, ,I Dg oO'LCn'~o c::=:=J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington; D.C. 20006-5292 Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's 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 construction or operations by the Owner or a separate contractor, the Contractor shall, prior proceeding with that portion of the Work, promptly report to the Architect' apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shaI1:.Fonstitute an acknowledgment that the Owner's or separate contractor's completed or paJ1.1~Uy comp~l;:ted -"',;~'~<:"'~-"~ {~~', '\. construction is fit and proper to receive the Contractor's Work, except as t ,;":Y .". . ts no, . en reasonably discoverable. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by are payable to a separate contractor because of delays, improperly timedlli~ti construction of the Contractor. The Owner shall be responsible to t U incurred by the Contractor because of delays, improperly timed activities, defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage wrongfully cause completed or partially completed construction or to property of ;' contractors as provided in Subparagraph 10.2.5. 6.2.5 The Owner and each separate contractor shall have the same re~ and patching as are described for the Contractor in Subparagraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors responsibility under their respective contracts for maintaining the free from waste materials and rubbish, the Owner may clean up and the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL 7.1.1 Changes in the Work may be accomplished after execution 0 invalidating the Contract, by Change Order, Construction Change ldir change in the Work, subject to the limitations stated in this Artic;l~"7;";;'; Documents. '\:);: 7.1.2 A Change Order shall be based upon agreement among the O\;Yp,~r~':IGRl1t.~actorand Architect; a Construction Change Directive requires agreement by the 9~~foi~~~.iAf~mtecf{jIid mayor may not be agreed to by the Contractor; an ordedor a minor <;li~gJ'irJ~~;Work m~ybe issued by the Architect alone. '-C;tJ';"q,i;s" . "':0ji1~;}~t&tfl~f1,;~: 7.1.3 Changes in the Work shall be performed under applicable provisions of'~i.p.e.;:G9!l~r~~( Documents, and the Contractor shall proceed promptly, unless otherwise provide4iiP:P1~:99~ge Order, Construction Change Directive or order for a minor change in the Work. ' " ., 1-"", u,u_, -PY" .0.... us. """'... ... 00' wiD ''''l''' ~. ,...." "''''' l~ , . 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. . :cdetermining adjustments to the Contract Sum may include those listed all be used in the absence of total agreement on the 'des for an adjustment to the Contract Sum, the g methods: properly itemized and supported by sufficient on; ents or subsequently agreed upon; . greed upon by the parties and a mutually irective, the Contractor shall promptly proceed the Architect of the Contractor's agreement or d. in the Construction Change Directive for ntract Sum or Contract Time. d by the Contractor indicates the agreement of the Contract Sum and Contract Time or the method e ef: mediately and shall be recorded as a R~.g isagrees with the method for adjustment e aqjUstment shall be determined by the Architect on the savin rforming the Work attributable to the A . .. , a reasonable allowance for overhead e Contractor shall keep and present, in mized accounting together with appropriate ontract Documents, costs for the purposes of 'ng: .' 'I d age and unemployment insurance, fringe or custom, and workers' compensation insurance; d equipment, including cost of transportation, whether II oo.ct:'h.~Q c::=::J 101997 AIA@ AlA DOCUMENT Al01-1997 GENERAL CONDITIONS OFTHE CONTRACT FOR CONSTRUCTION quipment, exclusive of hand tools, whether rented from The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 .......__._L.. 1__.._ _ . ... .. I I , . ... .~. u~ oo'5'~o c::=::J 101997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20006-5292 .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office personnel directly attributable to the change. 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 as confirmed ?y the ~chitect. When both additions and credits covering related Work or substitut.ions artlt~ Involved In a change, the allowance for overhead and profit shall be figured on the baSIS of ne" increase, if any, with respect to that change. 7.3.8 Pending final determination of the total 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' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the ArchitlY~\vill mak~ an .J"~';<'c'''.f.:,1 f; ..' interim determination for purposes of monthly certification for payment fo '. <;;.,.1 cost hat determination of cost shall adjust the Contract Sum on the same basis as a Ch der, '.<. t to the right of either party to disagree and assert a claim in accordance with . 7.3.9 When the Owner and Contractor agree with the determination l\l concerning the adjustments in the Contract Sum and Contract Tim agreement upon the adjustments, such agreement shall be effective im 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 to order minor changes in the Wq ment in the Contract Sum or extension of the Contract Time and not in. of the Contract Documents. Such changes shall be effected by written on the Owner and Contractor. The Contractor shall cany out such writt ARTICLE 8 TIME 8:1 DEFINITIONS 8.1.1 Unless othelWise provided, Contract Time is the period of tim adjustments, allotted in the Contract Documents for Substantial Completi 8.1.2 The date of commencement of the Work is the date established in t 8.1.3 The date of Substantial Completion is the date certif(K with Paragraph 9.8. 8.2 PROGRESS AND COMPLETION 8.2.1 Time limits stated in the Contract Documents are of the" executing the Agreement the Contractor confirms that the Contract Ti for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or in "e Owner in writing, prematurely commence operations on the site or elsewhere prior to t e -effe .~ . insurance required by Article 11 to. be furnished by the Contractor and Own commencement of the Work shall not be changed by the effective date of such in the date of commencement is established by the Contract Documents or a notice to I _1Ne ".","", ""-~"'" ......... ".< _d....,~. ..... ~II .,,'~ ~ ...._ _ ..... ._.._."__ -I t ." 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 morgages, 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. E~Y~;~N~i~lENSIONS OF TIME "'?(;'i':'ontt'>"~;~s delayed at any time in the commencement or progress of the Work by ,,:: ner or Architect, or of an employee of either, or of a separate contractor r;" or by changes ordered in the Work, or by labor disputes, fire, unusual b oidable casualties or other causes beyond the Contractor's control, or by ~,;",:> ..",)lie Owner pending mediation and arbitration, or by other causes which the Ardiiteddetermines may justify delay, en the Contract Time shall be extended by Change Order time as toe Archit ay determine. with applicable provisions of overy of damages for delay by either party under " t and, including authorized adjustments, is the ctor for performance of the Work under the the Contractor shall submit to the Architect a ".',.,,,ns of the Work, prepared in such form and ~;f';)I;':i~f'acy as the Architect may require. This schedule, used as a basis for reviewing the Contractor's lcations may include requests for payment on properly authorized by Construction Change itect, but not yet included in Change Orders. 8'" <:>. .0 O. .0 O..~..o. o""'-""'~ [==:J <01997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT fOR CONSTRUCTION ests for payment for portions of the Work for pay to a Subcontractor or material supplier, unless such . m the Contractor intends to pay. I The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ~ CODvrloht lAW. .",1 ...... ............_... ...L. ... I . I , . . Ag ot:h5'~o c:=::J il:>1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292. 9.3.2 Unless otherwise provided in the Contract Documents, 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 com- pliance 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 equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of t~~ Contractor's knowledge, information and belief, be free and clear of liens, claims, security intAe:~ts or enSl.lm- brances in favor of the Contractor, Subcontractors, material suppliers, or other p~t~~~s or epiiji,es making a claim by reason of having provided labor, materials and equipment r ~"'Y";it.o th~~q~}. E~~,'~~.~i:~~~:~~\ 9.4 CERTIFICATES FOR PAYMENT . ..;,.,'. 9.4.1 The Architect will, within seven days after receipt of the Contra,~9r Payment, either issue to the Owner a Certificate for Payment, with a cop rt"'\th such amount as the Architect determines is properly due, Or notify the C writing of the Architect's reasons for withholding certification in whole 0 Subparagraph 9.5.1. 9.4.2 The issuance. of a Certificate for Payment will constitute a repres~R ., to the Owner, based on the Architect's evaluation of the Work and '. Application for Payment, that the Work has progressed to the point indi of the Architect's knowledge, information and belief, the quality of the the Contract Documents. The foregoing representations are subject to for conformance with the Contract Documents upon Substantial Co subsequent tests and inspections, to correction of minor deviations from prior to completion and to specific qualifications expressed by the ArcH, Certificate for Payment will further constitute a representation that the C payment in the amount certified. However, the issuance of a Certificate for 'a a representation that the Architect has (1) made exhaustive or continuous on~slte:'l check the quality or quantity of the Work, (2) reviewed construction means, ( sequences or procedures, (3) reviewed copies of requisitions 'i~(; ~h.from ~ material suppliers and other data requested by the Owner to su :'i>~ .' -, Uie Con payment, or (4) made examination to ascertain how or for what"e Contrast .'.'.~ -~'.:."/' '. ..,: money previously paid on account of the Contract Sum. .'. :::.1 ~~':~~t~ :':;:~~~I~R:'~~~~:.. fo' Payment' ,._.. (:P,ort:"tR tht'tttJj{ijJJ~ reasonably necessary to protect the Owner, if in the Architect's opinio~~ . ,... .feseti(~tioris:!~Jhe.Y/':. - ,--..", "'-"',;.>' ,...,:.....:,,;.:.H ' Owner required by Subparagraph 9-4-2 cannot be made. If the Architect i,~.,J,!J!'!llle to certify payment in the amount of the Application, the Architect will notify the C''''''''''~;''''''.';~ll?!:)w~e~.a.s provided in Subparagraph 9-4-1. If the Contractor and Architect cannot f' .,....'Y's~ifamh'tiii.i, the Architect will promptly issue a Certificate for Payment for the amoiiti . ...;."CllctIie Ar~hit~ct is able to make such representations to the Owner. The Architect may also ~iti1.hold ~. .e.ttili~~ieY?::; ""., .. ... ....,....;...'.v for Payment or, because of subsequently discovered evidence, may nullify the whol '0 '-f;;~;J Certificate for Payment previously issued, to such extent as may be necessary i~~ ; ~s r.~:~_j~_ I.....,... O"'~M'" .............. ....... us. """"... 1_. ..... ~" .,,'~ .... ~,_ _ ~., .___.___ ~ ,. opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2, because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; EH'~!l~9Il9l>1t!;.~yidence that the Work cannot be completed for the unpaid balance of the :';:.~,'<< .,;<. _ ,..Owner or another contractor; fdence that the Work will not be completed within the Contract Time, and ,'~~lt.J?aid balance would not be adequate to cover actual or liquidated damages Qi';iH~")Cipated delay; or .7 p~rsIs'fent failure to carry ou.phe Work in accordance with the Contract Documents. e~Ii1l;~. ,..," " lding certification are removed, certification will be Q9:lte for Payment, the Owner shall make payment in ,;;"--;!' e Contract Documents, and shall so notify the ,j ubcontractor, upon receipt of payment from the 'ontractor on account of such Subcontractor's qf~ubcontractor is entitled, reflecting percentages 8t~~ on account of such Subcontractor's portion of reement with each Subcontractor, require each actors in a similar manner. o a Subcontractor, if practicable, information - applied for by the Contractor and action taken unt of portions.. of the Work done by such manner similar to that provided in artial or entire use or occupancy of the '}ok not in accordance with the Contract .f)' r with a payment bond in the full penal sum of ~ . ntractor for Work properly performed by e Contractor for those Subcontractors or r 'fir>; . materials, or both, under contract with the ,jlde by the Owner. Nothing contained herein shall require "bpt and not commingied with money of the Contractor, Si CODvrloht lawe an'" will ...io..l......... ..L_ ..I_L. . . I 8"1 ... /7 O. .<:> 0-. ""'If .-0 o~~ c:::::J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 , A Oo.d::::h.~O c=:=J 101997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS o.F THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington. D.C. 20.0.0.6-5292 9:7 FAILURE o.F PAYMENT 9.7.1 If the Architect does not issue a Certificate far Payment. through no fault of the Contractor. within seven days after reJeipt of the Contractor's Application for Payment. or if the I Owner daes nat pay the Cantractar \\(ithin seven days after the date established in the Cantract Documents the amaunt certified by t~e Architect ar awarded by arbitratian, then the Cantractar may, upan seven additional days' written notice to the Owner and Architect, stap the Work until payment of the amount owing has be~n received. The Cantract Time shall be extended appropri- ately and the Contract Sum shall be i~creased by the amount of the Contractor's reasanable of shut-down, delay and start-up, plu~ interest as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial Completion is th~ stage in the progress af the Wark when the Work ar designated partian thereaf is sufficierltly complete in accordance with the Can tract Documents I so that the Owner can accupy or utili~e the Wark for its intended use. ; l:ff,j~':\ '.:> 9.8.2 When the Cantractor cansiders that the Work, or a portion thereaf !}\Thiel! the (),,?\er agrees to. accept separately. is substantially complete, the Cantractar shall pre~~~[wd su~Wi{\o the Architect a camprehensive list af hems to. be completed ar corrected pria~J9:!!#:~1 P~ri#~~t, Failure to include an item on such fist does not alter the responsibility of \li~/Co~tdctarto, complete ,II Wo,k in accmd,"ce With! the Conttact Document>. I~~f\'~~i, 'WI0f~ii! 9.8.3 Upon receipt of the Contract~r's list. the Architect will make an ii@peSl~~q~~i<i~t~riTIir1'~;,,~;, whether the Work or designated pottion thereaf is substantially comIMt~~;;If,tli~;Af~~iteci's';',;;; inspection disclases any item, wheth1er or nat included an the Cantractdl"~-;lj~t~:,wl1~~*j~"riQ('{;\ suffi~i~ntly complete in a~cordance wfth the Cantrac.t ~acuments sa that t~$;:~~~"cap:{?~5ury>:..~~i,?:;\; ?r utIhze the Work ar .desIgnated portton.thereof for I~S mtended use, thh,~en!f~Et.~~~~~lltgeJ?f~, \::;;'{iT~); Issuance af the CertIficate af SubstantIal CampletIan, camplete or ~orre.!=t<$UQl:,;Jtep1:iup()tl\':,;;;f;j notificatian by the Architect. In such tase, the Cantractar shall then subm~i;~'reciti~stif()~;~~bt~~~;;;)\ \~/,;>"'" ., impeclion by the A<chitect tOdetermte Sub.unti,l ComPletion.':,I~~~~~~~$,::i/(~~ \ "';' 9.8.4 When th~ Wark or designated portion thereof is substantially corp.ptete~"tli~:i\.i(;bJ~e&t wW/~:j< , prepare a Certificate af Substantial Completion which shall establish \i1ie::d~'tih)f Subst~ntial " , " ", Completion, shall establish resP011sibilities of the Owner and Co~tractor,',for ,security, 7 "', . ,:' ,. maintenance, heat. utilities, damage, a the Work and insurance, and shallJix ~e tim~ within","', which the Contractor shall finish all hems an the list accampanying the Cetti~~~t~,;Wah~riiie~,i/,", ii>": required by the Cantract Documents !shall cammence an the date of SubstAAtiaI'.C.2'irtpt~H6n <W.1;i;'lfi: ...," the Work or designated portion theredf unless otherwise provide!! !!1 the Ce~tinc~~;~fSubsfai1JidF'Y;::1: . "" ,," Completion. ! \;'K!fhfES' ""<~':,',s...' ;:;;;,;~';~",:':iP;;':'L;;' i:\ . .' (,.\ "" ,'f;':"'"<,,,:"";';;"l\ ,'" 9.8.5 The Certificate of Substant~al Campletian shall be Sll ,,~g:< to ~~~{f9,:,,#~rd,ane;~;:";i!;.':;"" Contractar far their written acceptan'ce of respansibilities assigned to thern;i'Q. sucJiq~hHic~te;:C:' /', ,. Upan such acceptance and cansent af surety, if any, the Owner sh~lkm,alse-,p~yi:nenYBf\r~t~itiag~<',<."<'<";,'!: applying to such Work or designated!portian thereof. Such paY.ffi~~t'siialfbc.hlQjusted f~<Work"':".",:' that is incamplete or nat in accordan4e with the requirements of tlie~Conti;act'Do<;:umen(s..::/', ".... i ',:; ': "e~.:~. '_:'''' \ ">'" .~ ,.,'.:'. 9.9 PARTIAL OCCUPANCY OR USE i d"Fi;:!:;'(~'~i.~'f';D':~{>~ ,"" 9.9.1 The Owner may occupy or us~ any completed or partially campJ~~~qjJ>9~iq~;()f:the Work at any stage when such portian is: designated by separate agreem~#t!GwitP;;tJ1e::'ContraCt!ar, I <.'".,.",... ..", , provided such occupancy or use is corisented to. by the insurer asrequired uhderClause.gf'h~;~aIld;; autharized by public autharities havi~g jurisdiction over the Work. Such partial occypajicypt:usei' may cammence whether ar not the portion is substantially complete, provided \~e:~~r~tid Contractor have accepted in writing the responsibilities assigned to each of thenl.f():r:payments, I . ';:. . ,_:"._~ .' . retainage, if any, security, maintenanpe, heat, utilities, damage to the Wark and insubince. and I ......,"'" ".,""".... ........""'_ ......J,. ...........'._.0"" _" ."............ ...,_ ~ "... _..._".... f ,. have agreed 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 the Contractor to partial Occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. to such partial occupancy or use, the Owner, Contractor and Architect area to be occupied or portion of the Work to be used in order to condition of the Work. ,<cc. ""'....".,, ise agreed upon, partial occupancy or use of a portion or portions of the 'YoE"~.,~t!1~~,,,~6nstitute acceptance"pf Work not complying with the requirements of the outracf'P<), ' ""hts. i " t,~~}: <:~}}SJ:l~ IT";'1t:S'9.1 ".' ".f't4A~qM~LETION;~~DtINA~'f~~ENT :,c;;"cg.l0.;',;Uporil.'efiipt of w~tt~n'nOti~?'~~~t;'the Work is ready for final inspection and acceptance :";:0",'andtX;r:qn re.~eipt:..~of a~,~@f~PPli<;~~i.g~ffor Payment, the Architect will promptly make such 'r';;;:,;!ins~rcm~n a~d~wgen tq'fAr5ljit'ectifip9~JHe.~Qrk acceptable under the Contract Documents and :'."t>the<:;?~trac~:fQUy;;perf()B#~q;th~i~~ijltect)'W111 promptly issue a final Certificate for Payment : ;:." statiUg'tHat to 'iHebes(o(tji~ Archifect's ~owledge, information and belief, and on the basis of ' : ~ the Architect~s' on-site'vis~rs and Inspectio' . ,,'Ole Work has been completed in accordance with . ;~~y tenn$~!1d cqnqiti?fi~;grtije C6).jt#!tt 1).' #ts and that the entire balance found to be due the :':[E;/:;' .... .tOlit~ct,?r and ,npj~~,jp.<ih~i~D~nCerii.,., .,.Ji due and payable. The Architect's final Certificate :';",,:rl"fpr P~Y.I#rntwMI,~~h~9tul~(~l~frth~l":repr~~~ni9H9n that conditions listed in Subparagraph 9.10.2 ,:i;H<;:.i'ijS,t'a~prec~9~nt t.d'iJ.ieGon ""'pj-'s be!ntNiititle~~iq;final payment have been fulfilled. ~~~r",~i~:2~~i~i; l'p~~h\il~'~e' '~~Y'\:et'ined perrent'ge ,h,U hecome due until the L,:l;;'<'{;';Contract.ori,sUbmit$YIO:; thel~ci1itect~;f{i . ,. ;:'affidavit that payrolls, bills for materials and '-'::' ",_:,\">-',> ':'::. "':",-,> : c.,"" !:<:-/_~: ;;,::" ',,-"?'''' __"_" ":";"":'" ;::" :,-, to":>. ,:.... '~,'C!f~::'L,{;~"e9~iJ?p1ePt:;a:#(rot~~~:!n~9teahe~~,fol.ill'<, .)yith the Work for which the Owner or the Owner's ;.);::'ic:i,:~;"'iiprQPer~Y:~~ht'b~i~~iJ?~SiPle()r~~$llJnber~di{~~~s amounts withheld by Owner) have been paid ',.", '\ <',,'or9t~erw(S~h'$~t~fte~i~'(~~ a~i~fHfi~,~t~1~~~~#cing that insurance required by the Contract gn;,;)[";;":';r'?~;!~:R~sUiJl~~ts'!~ ~~hl:~r~~~itrt9t~e ~fte s,:'~N~~XJhent is currently in effect and will not be canceled ~f::i,:,;';;:itk::,:::::;'[{.orallo~~9 to;~~e':~ijl(~ne~~Y$kpiior written notice has been given to the Owner, (3) a " ., 'miite~;st~ten-i~l1,ft~~tt~~ C~nic~r)q1O\\Ts:of no substantial reason that the insurance will not :~~I~~~~~~le ;~():~~y~rtt~~'~ed9~'(~q~~$c,l'~~:t#~ Contra.J?~cuments, (4) consent of surety, if any, t~,;;~ri~;,:pa~~Pt~jffiai5}.i~;!f:,rif~<iiji~$B!,\bY the,!! ~~~~ther data establishing paYment or ij~f~~i9h 9foBIigati~~srfy'~g'~receipts, rele ."",:"'ivers of liens, claims, security interests "ie~~wbrances' ati~I~~0'8ijt'Vf~~a:t.li~~Contract;!\.... iit extent and in such form as may be 'si~~ilted br;!l1~:(:)~ri~rj~f~~sAO~~fiahQi1!Cfuses to furnish a release or waiver required by the ~~!it~~;~oij~~~ic:>~ ,..~y"mfh{~H;:5rbon~~;~ ,l;Xy,to the Owner to indemnify the Owner giliij.st s~flj"li~n~;{";~W::tlj~~~~!11ains ul}~~lis "'!""Yments are made, the Contractor shall .~1\i't1d t6.tli~;P~efaU;ii:lo~~;:tJlatt:n~aWl! ,i:J"./~6mpelled to pay in discharging such lien, ""Yl5!uding 'aI!~fPgts)~p'-lte@'oniible aii8fheys' );"" ., j;,?i\ ~'itt '.:01-\ '" n., _. __ ; 1 ,<(,:~,::~\ < l?i1(Pi1If, after Sub~tantial (fi?,lhpr" "~~ final completion thereof is materially delayed ,ithtoughItgfault(#t','fue Contractor';o~}, ';S~;'6f Change Orders affecting final completion, j~e~;i\t€~il~ct:sWcon~:Q~'h" :upon application by the Contractor and certifi- Q~:by..l~~~~~p.itect,t'" . . i''t~rminating the Contract, make payment of the balance due .t,tha\ PQ~m)~~?f,the Wci~L,.Y:~9ijiglcrted and accepted. If the remaining balance for Work not .110.;:6mpl~ted;'oiicorrecteiti$~~~'~;ffi'~i)}retainage stipulated in the Contract Documents, and if . bnds have been furnished, th~ wrihen consent of surety to payment of the balance due for that A Ochi5:l'~O c:=:=:J 01997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OFTHECONTRACTFOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I ,\ , . A Ug 0-."""'.-'0 O~'tS c::=:J @1997 AIACIil AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 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 governing final payment, except that it shall not constitute a waiver of claims. . 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 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. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, maintaining and precautions and programs in connection with the performance of the 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable 'precautions reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected .2 the Work and materials and equipment to be incorporated on or off the site, under care, custody or control of the Subcontractors or Sub-subcontractors; and .3 other property at the site or adjacent thereto, such as pavements, roadways, structures and utilities not designated replacement in the Course of construction. . ~~~;~.~.,. . -;-'~'7"_ ~_;-~t~:~", '. .;<: -:<:\;::y:5';-S..;'>\ 10.2.2 The Contractor shall give notices and comply with applicable'~1~~~~)J>raip~<:~~i\p'11~~:'}~':f~:t\ regulations and lawful orders of public authorities bearing on safety ot"Ber"'>:">qr;;"r~J?~rtY)9E}}~;:'~i't;A their protection from damage, injury or loss.. , ". AY:;;';;;;;;',;<;i,\ ",:,,;.~\)'" \;>.j:;';:'}:.. . .., 10.2.3 The Contractor shall erect and maintain, as required by existJng,,,c:.{)hditlohs~'an~')';.",';:;; performance of the Contract, reasonable safeguards for safetY.~!}<J.r~otecti&'n~Li~~ta<1.Ui~~EP~tjng'.i;;'\;;"'0''.CJ," danger signs and other warnings against hazards, promulgathif'" ..' - - :t,'~gulatiQ!iSf~~'n()tifYipi"':';i!}< owners and users of adjacent sites and utilities. "':;W;Q;;!;:!~;::'::'!'::'::' .", .,';.,.. ., ,oil . :-'1""mc;'.U;;;':'''~;:;;'{0:' . .., 10.i.4 When use or storage of explosives or other hazardous mated'~ r '~qltipfu'e~t'9r~B-usta~ G.",' ........... methods are necessary for execution of the Work, the Contractor sb!lUc~erl:ise utlliost;~~~;ari(f..,~1~6;;~.";,\ . canyon ruch acliviti" und<< rurem,ion of prop'rly qualifi<<l4'~$$ '~4.","~,~rirri~~~>i;; 10.2.5 The Contractor shall promptly remedy damage and loss' "~fn d~m~ge':d~':'IossY' insured under property insurance required by the Contract Documents) to p~9Pe~ti:referred to in. . ._:~'. "~~'-'::'c"" ::. .."--~_~--'" ,. Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contragtof,'~~/$4b<;QntractQi:'.\a . ,_ <. ,:_"":~,,:-,,,-:-:::.:;,<\ <:.'-'-';;':;';<':~<~' 1'," _~' .' Sub-subcontractor, or anyone directly or indirectly employed by any ;i~~~i1j,,;(~t;.pt:~nyorle'f6r whose acts they may be liable and for which the Contractor is responsibletiini:ler'Glausesc!(),~,!.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or<<<:h#~i;J.Qr;;;~ anyone directly or indirectly employed by either of them, or by anyone for whose,-(~l;~~'~Jthefor them may be liable, and not attributable to the fault or negligence of the qQ~t~~sI9.r;f{p\e foregoing obligations of the Contractor are in addition to the Contractor's oblig~tioIls;urider Paragraph 3.18. 1_...., ".,"'".. ,_" "".~, u.. _rioh.,~, ........" ,,,'~.... ,'.._ _ ._.. ____....n p . ,. 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 Archi tect. 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. '\~s of a licensed laboratory to verify the presence or iied by the Contractor and, in the event such material .", that it has been rendered harmless. Unless otherwise wner shall furnish in writing to the Contractor and ns or entities who are to perform tests verifying tance or who are to perform the task of removal tance. The Contractor and the Architect will hether or not either has reasonable objection to r. If either the Contractor or Architect has an wner, the Owner shall propose another to whom ble objection. When the material or substance ea shall resume upon written agreement of the .e extended appropriately and the Contract Sum or's reasonable additional costs of shut-down, complished as provided in Article 7. Owner shall indemnify and hold harmless the consultants and agents and employees of any of and expenses, including but not limited to attor- rmance of the Work in the affected area if in fact dily injury or death as described in Subparagraph ovided ch claim, damage, loss or expense is injury to or destruction of tangible ch damage, loss or expense is not due raph 10.3 for materials and substances Is or substances were required by the ontractor, the Contractor is held liable for the tance solely by reason of performing Work as all indemnify the Contractor for all cost and f persons or property, the Contractor shall ac:t, at the reate~ed damage, injury or loss. Additional compensation or "'n""..'~L.. 1__..4 __.... _ _".. . . I II Oo'~'~O c:=::J \01997 AIAQi) AlA DOCUMENT AlOI-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute . of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 r ,A Ug 0-. "'UH .-0 o a:::::n ~ c:=J @1997 AIACtil AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible liability insurance. 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 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as protect the Contractor from claims set forth below which may arise out of or result from Contractor's operations under the Contract and for which the Contractor may be legally whether such operations be by the Contractor or by a Subcontractor or by anyone directly indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; /_, .2 claims for damages because of bodily injury, occupational sickness or(li~~ase, or geath of the Contractor's employees;,__" . _ .... .3 claims for damages because of bodily injury. sickness or disease, or q~~iJibt any_p'er;;()n other than the Contractor's employees; \;;;;:-Y"i, ;':i ' .4 claims for damages insured by usual personal injury liability coverage;:ic;;-",:;'\ '~-,_J::-, .5 claims for damages, other than to the Work itself, because of injury"to'~i:desti}1cti()Ilof-\ tangible property, including loss of use resulting therefrom; i"f~'i;"i':/'_.('\\ '~'_! ." .,':" .6 claims for damages because of bodily injury. death of a pers9~:-?:J;;l'rQpeitY:'?am,~ge':(;/- arising out of ownership, maintenance or use of a motor vehicl~;,_X-!':::_;;;,:'\ '~'XU,3t%\ '],::.," .7 claims for bodily injury or property damage arising out of compl~}~<l6p~nitions;andi,;:' .8 claims involving contractual liability insurance applicable iJQ-:iJ~e:'i<;:on.tracfor's::- .. , . obligations under Paragraph 3.18. /"h_ "::D:-',;'" '.', - . - , ~-~;);i;;;_i,:.. ,__,.:','::::, .,';,.;, .'._ , 11.1.2 The insurance required by Subparagraph 11.1.1 shall be written fqr;Aotn~ssthall:;:l~lllHs'()f},'\ ., liability specified in the Contract Documents or required by law, whicHe\r~rZ~9y-~rage'is'gr~~ieJ:.'-\ Coverages, whether written on an occurrence or claims-made basis, shall b'e,:m3jn\ained'Withqut /C;'> .., interruption from date of commencement of the Work until date ,,of ~ar payment arid,;" termination of any coverage required to be maintained after final paymenl~ ~:"" ,:,,~" ':~ ' ,\., ~,,' - . ',~~',~.~~':?( "_"'~_,/. .~".;~ "'. ::~ ,<>:",-:/ -;";;':-,->,,;::;.:,,:!.,:~.i\;.:,><.' 11.1.3 Certificates of insurance acceptable to the Owner shall be filed wilH-iR~~~e.~,~~i9~':td.<; commencement of the Work. These certificates and the insurance policie&;reql1~red;;by. this"',,; .. Paragraph 11.1 shall contain a provision that coverages afforded under th~;,p()Iic;ie~win'not be,' ' canceled or allowed to expire until at least 30 days' prior wri,~~ep_.notice HaS:l:>eeI\"gIY~~T~()lh~ ..,.) Owner. If any of the foregoing insurance coverages are requu-~<t'J~:r~ain\iIi;force.afte.r\final. payment ~nd are reasonably available, an additional certificat~~Yige~~i~,& contiiluaiib~ -6(~~<;;h,':'-'e. , coverage shall be submitted with the final Application for Paym~rii'.~ir~qY:ired Qy'S,ubp~agtaph,>,'\ 9.10.2. Information concerning reduction of coverage on account of revised ,!iiniis"9l",d<iim~pai.d,>'; /'i under the General Aggregate, or both, shall be furnished by tl;1~r&~()n~raftor with;reas()riabl~<;::' . promptness in accordance with the Contractor's information an~:~~l!~f~;.:;;;~'C;~;;~~i';;,. ,,-'-f:'. .. ... . " ....~;:;:f:}%!i~i~i~:~~~[:y~~.:~:~';'~..: . '."",. "..'" ,,."' ~. /': for purchasing and usual f:"'~''\ . ".,',' -. ;' ",;,~. . 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE.<<:_", ........... 11.3.1 Optionally, the Owner may require the Contractor to purchase and mai.?taill,projec{; Management Protective Liability insurance from the Contractor's usual sour~~;;'a~,!pIjIl1aiY coverage for the Owner's, Contractor's and Architect's vicarious liability fof:c~nsti:Uction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner. I W.&D"I"I:.llnli"'An!~ n....nt^"^n"lnn "lnl.tAc II C t'^""rlaht lawc anA u.ill CllhlAl"t ."'a "I^I..^P..... 1..........1 __...........=..._ shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Clauses 11.1.1.2 through 11.1.1.5. 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance, .~;R)'V.g(;lrj>s;:?m~<l~t?~.~?d Architect waive all rights against each other for damages, except such 'g~~1;~~JtR:~~ii1l~Y*~Y~Bto the proceeds of such insurance. The policy shall provide for such .aiYer~~Qt(s~bfog~tion'6y endorsement or otherwise. '-~~';:',;"-~'-;;(':~~~:~;::}~'.':>;?'};;;P<:-->:;:i!i.!?~~!:sc_~_j-;!:;:;::~:'?;_!/~/: ~ ;i;'0~IT!m~'~.~'W;~h~;t$?W1er;;s~all not require the Contractor to include the Owner, Architect or other ;>c.;fPri~9Rs9r:#~~~~ies;~!(additional insureds on the Contractor's Liability Insurance coverage under ''''p.......,..''..';..Ho..'............. . . aragrap . :n.t . "';-;:;'_'::;:?;_1';-_""'_~ t _", ,1),.:<i;""1ji:t;;<: ';\;;11;4......... ~ItOP~~1YINSURAN~E:,,: A;tf;'~f; <>11.4il:,;;tlUli~siotHerwise prc.iYiaed, tIi~iR~ner shall purchase and maintain, in a company or ..;:J<::orrip<lm~S I~Wfully autho.ti~~~:~o dq"pj.(~i#Css in the jurisdiction in which the Project is located, ':.;propenY'ins4i~liq~ written:g~.abujkl~i"%;#sk "all-risk" or equivalent policy form in the amount .f..Ofth(;l.iriiti~;..~Oritract~~~lIii;rPlU#;;Mi:I~%"' o[;;~ubsequent Contract modifications and cost of .. .':mat.eriills supplied' or installea by, otHersl comprising total value for the entire Project at the site ^ . , .. on a' replacement' cost basis without' optiqnal- deductibles. Such property insurance shall be ,::,;'~:maint~i~ed,'~ijless OtI1~~isepFo~~e~riq;fti~;~#ntract Documents or otherwise agreed in writing :i,,,:,..;by ~1l1'~rso~saiid<~~~i~~~;;w~~~~;.be~~~9i.~JJ~~ of such insurance, until final payment has been '. '. "maqe;a~.:prdyide?}iil}p~agf~Phf?.lO . ~~~ijt4{po person or entity other than the Owner has an .<;;~"insur<il>!~inter~iB~.t~~;pr?~~~Yiie<J.R~~~"9Y';i~j~;paragraph 11.4 to be covered, whichever is later. .. .~. ,::'ic~\Ihis:'i#~~ranp~;;&~~n;iIl~Iy<le'lHI}t~res.:.' " 'Owner, the Contractor, Subcontractors and :~r,1~~~6~~ili~~~f' >il11a.l'~{t,iro~~~y:.ih~!Jt<U1c~'isi~,e'o~,..; .7. sk" or equivalent policy form and shall include, :.i~'9u{FriiH~ti9n{i~s~.ri'md~t#g~lIl~~tfie,'.I~ ~f fire (with extended coverage) and physical loss .. :,i.'; :.'\,;.'i ~..;j,o€~a~age}.iAc!~4i~~f:~~~9.ut <<l~~lig~i!6h .1'bverage, theft, vandalism, malicious mischief, '"j ... ;'j::Fbllapse, e~~qu~;itl9:??hvjn~$toBi1'''" ,testing and startup, temporary buildings and a~qil~B:.l'~m'9ial ;ip~!4~~~~9~'ffi6Ihiqn;?..ioned by enforcement of any applicable legal ~9u~~~~nt5;';~6dS$;lL'f()vef r~~';.. l~.: )rtpensation for Architect's and Contractor's services d' . . ehses"ht'!~s'.~"r~~liitio suelHti's~red loss. ';..1 . 'i-;" ~Y'.'" ..,..;},\;JPurch~~d;~g. roperty insurance required by the ~s:iii'tlie amJljJiit'M~ .. ed above, the Owner shall so inform ..:. ._..':~,;;;. J.~'<~-;>...'"f:':""-" -;.',:., '" encern~Jii[fj~We ork. The Contractor may then effect :in~ele~tt}:~:t;r;"the Contractor, Subcontractors and '.,Fbles, the Owner shall pay costs not covered ;'aJ.! Cover portions of the Work stored off the site, and also . .5 Partiacupancy or ti or8ance with Paragraph 9.9 shall not commence until the h",,,ance company 0' ,omp.n;", pmviding property in"'"n,e have ,"menled to ""h Pi II/II 'll &I o. .0 0-. "',,. .-0 o a:::::n .;:s c::==:J <01997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N.W. Washington, D.C. 20006-5292 r" .a 11111 'l:> 0 O. .0 ,0._'"'..-0 o ltl:S ~ c:=:J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N,W. Washington, D.C. 20006-5292 I w...,... ,,-,._~ ~,__ ~,_. ". __,,~. ~... .~ ,," .'''''_ .c. '.",'u.. . . . occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in Work, and the Owner and Contractor shall be named insureds. 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against theJ:;ontractor for loss of use of the Owner's property, including consequential losses due to fire,?~i~Q,ther ha;zards however caused. Iij:J;,i"fj~:: ,,'.':', i~ \r:'\S f-::'~-:"'\ ,i;<:~;..-._,-~ ,:-;':'::\ 11.4.4 If the Contractor requests in writing that insurance for risks other thkh)P:8s~ d~scri9~d herein or other special causes of loss be included in the property insurance MI~ij.?the '9\Vner,\ shall, if possible, include such insurance, and the cost thereof shall be cha~~~~ tQ:th~'8~m~ractor), by appmp';.te Chang, Om". ~~~\o ;~~lJ~j,. i~!1~i~,d:. 11.4.5 If during the Project construction period the Owner insures prope~tie~~re~l or'pe~sQ:nalo'r,' . ,. c,:.-,:-.'.-t -"",--:_,':'::'-':_". ,>,-_.,~... both, at or adjacent to the site by property insurance under policies separa\~~fr9m.:thoS~:hi~iJring::, the Project, or if after final payment property insurance is to be provided on i~~'~omplet~d~rriject,::':' , .:,' through a policy or policies other than those insuring the Project during,;$,e'~(j:nstriiction'PFrioa, . .... .., . the Owner shall waive all rights in accordance with the terms of Subpar~gr{lpH;'ih4~7f9~\damages\ '. . . : ;,-','-"'-'\'--'-'--":':""-, ,'-- "-,.< ,,':,' caused by fire or other causes of loss covered by this separate propertY&!m~EirtC.e;:{\irs~paratI;! ./.i" policies shall provide this waiver of subrogation by endorsement or othe~$f\~:;,c, ';':i~;{\;\<{;>:f\,' ..' \,,\,(:~,<;;";i\,' 'i".' > . ,',. ' 11.4.6 Before an exposure to loss may occur, the Owner shall file with th,e 'grltt~i,ir>~,,~~opY"o~A;:,,>\,;\ " " each policy that includes insurance coverages required by this ParagraP!it1?",1~<E~~~':P,91i~ sp~~';i/)?;\' contain all generally applicable conditions, definitions, exclusions and C!i4,~fS:~entS'felatt(d:to;.;:}i;;" '". this Project. Each policy shall contain a provision that the policy will notbe:canceledoraIlowed ,.,' -:;, ' to expire, and that its limits will not be reduced, until at least 30 days' prior written notlce'ha,s been' , . given to the Contractor.',2<~::Y" . ?" ,,': .', ' '- >:~,,' "":"':,,,,- ~ i':.</:.>~:" <'~':~;p.~0',-~_:';,~'_:jY;<:;::f::?;':,~??,~.c:;::~.~ .;' ~ ;::??'\:': 11.4.7 Waivers of Subrogation. The Owner and Contractor wl!,iY~all,rjghts agaiiist(~)'eacll;;other ,;';; and any of their subcontractors, sub-subcontractors, agents and:AAiglbY~~~, eacIi'ofJl1.~i9tlref,'kria" /,,' .. (2) the Architect, Architect's consultants, separate contractors d~~91Wd,.jh Articl~.C?;J(anYf'alli:l;-;::;' ., ,... , any of their subcontractors, sub-subcontractors, agents and employe~s;:f6tdaJ:I1age~'caqS~~lrY.liie;.; , . or other causes of loss to the extent covered by pr~perty insuranc~.,.9Rgikea;' pUrsuarif~qJJ:ii~',.,,"/'.', Paragraph 11.4 or other property insurance applicable to the Wo~l5~~e~Y's~chJights as theYIi~vtf':i)'s,'( .,.. to proceeds of such insurance held by the Owner as fiduciaryJ(:tIle~QW.'ii~ir?Qr G2ntr<J.~!Q~'~S'::E;::~i\::' appropriate, shall require of the Architect, Architect's consultants,"s~p~~t~;cotitractois &Scribe& ". ......... - "-<.-,' "':''', '.- in Article 6, if any, and the subcontractors, sub-subcontractors, agents and~m'p19y~es. of any of them, by appropriate agreements, written where legally required for validttY;~$iDiil1'w.~yers(eacp. in favor of other parties enumerated herein. The policies shall fQ~~yi,a.~.{,s4qi;;;\Vaivdts'6f subrogation by endorsement or otherwise. A waiver of subrogation'sIi~Wibe:~effedive,(lsJ().,",a person or entity even though that person or entity would otherwise have a &iiyof iI,l1efuIlifica~;': tion, contractual or otherwise, did not pay the insurance premium directly or ~~Y:~f~Yi:'a:rid' whether or not the person or entity had an insurable interest in the property da~#$~~;';:',J;:",t7;\ 'i ,. 11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph Il.4.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. u;~;- "~,t:7qu!r~~iH~pting bya party in interest, the Owner as fiduciary shall, upon Occurrence i%~;;Uti!!19' ,'. . ", ., nd for proper performance of the Owner's duties. The cost of required 'Qiia~ 'l;i)?~ gainst proceeds received as fiduciary. The Owner shall deposit in a '6'i[ e s so received, which the Owner shall distribute in accordance with such 'l-m~.!~~tres in interest may reach, or in accordance with an arbitration award in ..'.......',. ...A:pf€~~ure shall be as provided in Paragraph 4.6. If after such loss no other special a.&~e~nienns..rnade'~nd unless the OWfl~r terminates the Contract for convenience, replacement ~f;~":;"";"'j'-i:''i'r~p~ty shall b{\,perfor ", y the Contractor after notification of a Change in the "". 'f; ':i!dahte with /1...,;, e 7. , er to adjust and settle a loss with insurers unless one ting within five days after occurrence of loss to the tion is made, the dispute shall be resolved as s fiduciary shall, in the case of arbitration, make irections of the arbitrators. If distribution of arbitrators will direct such distribution. o "'jre the Contractor to furnish bonds covering , of obligations arising thereunder as stipulated in the Contract Documents on the date of ppearing to be a potential beneficiary of bonds - the Contract, the Contractor shall promptly y to be made. :~chitect's request or to requirements '~f~f required in writing by the Architect, /~~y - ~ced at the Contractor's expense without ~~:.._~h the Architect has not specifically .,"itect may request to see such Work and ?'>~rk is in accordance with the Contract shall, by appropriate Change Order, be at the ce with the Contract Documents, correction ition was caused by the Owner or a separate onsible for payment of such costs. alii l:> 0 O. .0 0-. IH .-0 o~'C c::::::J 01997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 I I' A Oo.a:::h.~O c:::::J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 I' WARNING! Unllr.nc.... n~"'t_......ul.... ul_I_&__ II.. ______..J.' 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 failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5, if, within one year after date of Substantial Completion of the Work or designated portion thereof or after the date 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 accordance with the requirements of the Contract Documents, the Contractor .~!Iall correct it promptly after receipt of written notice from the Owner to do so unles -""';l:,. previously given the Contractor a written acceptance of such condition. Th" such notice promptly after discovery of the condition. During the one-year P of Work, if the Owner fails to notify the Contractor and give the Contractor make the correction, the Owner waives the rights to require correction by the' make a claim for breach of warranty. If the Contractor fails to correct "" within a reasonable time during that period after receipt of notice from t the Owner may correct it in accordance with Paragraph 2.4. 12.2.2.2The one-year period for correction of Work shall be extended wit Work first performed after Substantial Completion by the period of tim Completion and the actual performance of the Work. 12.2.2.3The one-year period for correction of Work shall not be exte performed by the Contractor pursuant to this Paragraph 12.2. 12.2.3 The Contractor' shall remove from the site portions of the accordance with the requirements of the Contract Documents and are Contractor nor accepted by the Owner. 12.2.4 The Contractor shall bear the cost of correcting destroyed or da whether completed or partially completed, of the Owner or separate contf Contractor's correction or removal of Work which is not in accordance wit' the Contract Documents. ~'~c<~?'7;~S;~;1.~~~h~0\ 1~.2:5 .Noth~ng contained in this .Par~graph .12.2 shall be cons. ~t:b\~~.. ~i~,t,~f~~}ii2;\ hmItatIon WIth respect to other obhgatIons whIch the Contractor mIght hav~;'!.lp.d~ <:c,{;:,9p.~t~sr'''''.,(;,." '. ~~~~~~@~~fE~f~ l~;~?o;~:~gg: ~:;:ii4fJ~W;' commenced to establish the Contractor's liability with respect to the ligaUQns other than specifically to correct the Work. 1 ~~'pi;; 12.3 ACCEPTAN~E OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the re the Contract Documents, the Owner may do so instead of requiring its removal in which case the Contract Sum will be reduced as appropriate and equitable. S shall be effected whether or not final payment has been made. ., ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal . her party in respect to covenants, agreements and obligations contained nts. Except as provided in Subparagraph 13.2.2, neither party to the ontract as a whole without written consent of the other. If either party . assignment without such consent, that party shall nevertheless remain I obligations under the Contract. sent of the Contractor, assign the Contract to an financing for the Project. In such event, the lender . ons under the Contract Documents. The Contractor to facilitate such assignment. .C"'.e been duly served if delivered in person to the to an officer of the corporation for which it was certified mail to the last business address known ontract Documents and rights and remedies t a limitation of duties, obligations, rights and chitect or Contractor shall constitute a waiver ntract, nor shall such action or failure to act thereunder, except as may be specifically agreed having jurisdiction determine that portions r approval not included under Subparagraph from the Owner, instruct the Contractor to nspection or approval by an entity acceptable to . e timely notice to the Architect of when and where tests the Architect may be present for such procedures. Such 13.5.3, shall be at the Owner's expense. copyright laws and will subject the violator to legal prosecution. I 8111 ~. 0 o. .0 0-. "'", .-0. o~~ c:=:=J Cl1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 .- 11111 '='. .0 Q. .0 0-.""".-0 o~~ I::::::J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 13.5.6 Tests or inspections conducted pursuant to the promptly to avoid unreasonable delay in the Work. -- 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, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Documents, the Architect will do so promptly and, where practicable, at the normal of testing. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear payment is due at such rate as the parties may agree upon in writing or, in the the legal rate prevailing from time to time at the place where the Project i" 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act relevant date of Substantial Completion, any applicable statu commence to run and any alleged cause of action shall be de any and all events not later than such date of Substantial Co .2 Between Substantial Completion and Final Certificate for failures to act occurring subsequent to the relevant date of Sub prior to issuance of the final Certificate for Payment, limitations shall commence to run and any alleged cause of have accrued in any and all events not later than the date Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to a . relevant date of issuance of the final Certificate for Payment, any ;I5'PJ~f~-' limitations shall commence to run and any alleged cause of acti have accrued in any and all events not later than the qf any i\+ the Contractor pursuant to any Warranty provided. [aph. {., correction of the Work or failure to correct the Work b" hctor libeler :j_"';~~ti; 12.2, or the date of actual commission of any other act O~ib perfQ obligation by the Contractor or Owner, whichever occurs last. ~~~\ . ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1. The Contractor may terminate the Contract if the Work is stoppe~~~~~~~~g~;:?:! 30:F~~- secutIve days through no act or fault of the Contractor or a Subcontra~t- . . .1)ggll.tract()JJor their agents or employees or any other persons or entities performing tl:e..;;;<<t,,:.:.:'.:~:Miork u~der direct or indirect contract with the Contractor, for any of the following r~aS'ofis::c?c:1 c'. ~~~ -~- .1 issuance of an order of a court or other public authority having juris(f requires all Work to be stopped; .:' .2 an act of government, such as a declaration of national emergency will" Work to be stopped; I......... U.''''Mod .""","""", ,,",,~, U-<. m",,,,,, ... ,,' .11 ...._.... ..w.~. .. 'm' ,- .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. the Contractor: . s to supply enough properly skilled workers or '7 als, equipment, tools, and construction a by the Contractor; ,v.rsuant to Paragraph 5.4; and .e"'''h ".,. ethod the Owner may deem expedient. Upon Sl~shall furnish to the Contractor a detailed e'Owner in finishing.the Work. the Contract for one of the reasons stated in ot be entitled to receive further payment until the Work .:~,~,~!~.~iH~f copyright laws and will subject the violator to legal prosecution. "'.,.'~~':.....>.J,,'i..-,.-'.."_hl I 'BIll ~. .0 <>. .C> 0'-."" .-0 o~~ c::=:J 101997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTioN The American Institute of Architects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 1 .- JIg Oo.ct::h.~O c:=::J 4:>1997 AIAC!!l AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ft 9/97 " 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the dif- ference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or rupt 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 Subparagraph 14.3.1. A4justment 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, del aye another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under anothe Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the 0 without cause. 14.4.2 Upon receipt of written notice from the Owner of such termin 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, preserVation of the Work; and .3 except for Work directed to be performed prior to the effect stated in the notice, terminate all existing subcontracts and p, into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contr to receive payment for Work executed, and costs incurred by reason. of su with reasonable overhead and profit on the Work not executed. I. -"'" U.''''"", ph,_... ,""... u., _"",.".. ..... .U1 ..h"a .., ,...... .. ...., . 2537 I Augusta Richmond County Fire Station # 6 00800 - 1 SUPPLEMENTARY CONDITIONS ,. SECTION 00800 SUPPLEMENTARY CONDITIONS Attachment A Page 1 of 5 INTENT 1.01 These Supplementary Conditions amend and supplement the General Conditions defined in Document 00700 and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. 1.02 The terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Cond.itions. MODIFICATIONS TO AlA A201 2.01 ARTICLE 1 - GENERAL PROVISIONS A. Paragraph 1.1.3: ADD and INSERT: The word "product" between the words "materials" and "equipment". B. Paragraph 1.2: ADD SUBPARAGRAPH: "1.2.4 The drawings have been prepared on the basis of surveys and inspections of the site, and are intended to present an essentially accurate indication of the physical conditions at the site. This, however, shall not relieve the Contractor of the necessity for fully informing himself as to existing physical conditions including all applicable laws, ordinances, rules and regulations." 2.02 ARTICLE 2 - OWNER: A. Paragraph 2.1: ADD SUBPARAGRAPH: "2.1.3 The owner referred to herein is: Augusta, Georgia, a political subdivision of the State of Georgia" 2.03 ARTICLE 3 - CONTRACTOR A. Paragraph 3.4: ADD SUBPARAGRAPH: "3.4.4 Not later than thirty (30) days from the Contract Date, the Contractor shall provide a list of all products proposed for installation, including the name of the manufacturer of each, for approval by Owner and Architect. The list shall be tabulated by and be complete for each specification section. Where applicable, subcontractor"s names shall be included in such list. a. After the Contract has been executed, Owner and Architect will consider a formal request for the substitution of products in place of those specified, under the following conditions: b. The request is accompanied by complete data on the proposed substitution substantiating compliance with the Contract Documents including product identification and description, performance and test data, references and samples where applicable, and an itemized comparison of the proposed substitution with the products specified or named by Addenda, with data relating to Contract time schedule, design and artistic effect where applicable, and its relationship to separate contracts. c. The request is accompanied by accurate cost data on the proposed substitution in comparison with the product specified, whether or not modification of the Contract Sum is to be a consideration. d. Requests for substitution based on Clause 3.4.4.1 above, when forwarded by Contractor to Architect, are understood to mean that Contractor: 1 ) Represents that he has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; 2) Will provide the same guarantee for the substitution that he would for that . specified; . 2537 1 Augusta RiChmond County Fire Station # 6 00800 - 2 SUPPLEMENTARY CONDITIONS ,- Page 2 of 5 3) Certified that the cost data presented is complete and includes all related costs under this Contract, but excludes costs under separate contracts and Architect"s re-design costs and that he waives all claims for additional costs relating to the substitution which subsequently become apparent; and, 4) Will coordinate the installation of the accepted substitute, making such changes as may be required for the work to be complete in all respects. e. Substitutions will not be considered if: . 1) they are indicated or implied on shop drawing submissions without the formal . request required above; or, 2) for their implementation they require a substantial revision of the contract documents in order to accommodate their use." 2.04 ARTICLE 4 - ADMINISTRATION OF THE CONTRACT A. Paragraph 4.1: ADD SUBPARAGRAPH: "4.4.4 The Architect referred to herein is: a. Virgo Gambill Architects b. . 2531 Center West Parkway Suite 200 c. Augusta, Georgia 30909" B. Paragraph 4.4.5: Delete the sentence "The approval or rejection of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration." C. Paragraph 4.4.6: Delete section. D. Paragraph 4.6: Delete section. E. Paragraph 4.6.1: Delete section. F. Paragraph 4.6.2: Delete section; G. Paragraph 4.6.3: Delete section. H. Paragraph 4.6.4: Delete section. I. Paragraph 4.6.5: Delete section. J. Paragraph 4.6.6: Delete section. 2.05 ARTICLE 7 - CHANGES IN THE WORK A. Paragraph 7.1: ADD SUBPARAGRAPH: "7.1.4 In determining the cost or credit to the Owner resulting from a change in the Work, by either Change Order or Directive, the allowances for overhead and profit combined, included in the total cost to the Owner, shall not exceed these percentages as follows: a. For the Prime Contractor, for any work performed by his own forces, 15% of the cost; b. For the Subcontractor involved, for work performed by his own forces, 15% of the cost; c. For the Prime Contrf'lctor, for work performed by his Subcontractors, 7% of the amount due the Subcontractor." 2.06 ARTICLE 9 - PAYMENTS AND COMPLETION A. Paragraph 9.2: ADD SUBPARAGRAPH: "9.2.2 The Schedule of Values shall be prepared in such a manner that each major item of work and each subcontracted item of work is shown as a single line item on AlA Document G702A, Application and Certificate for Payment, Continuation Sheet." B. Paragraph 9.3: ADD SUBPARAGRAPH: "9.3.4 The form of Application For Payment shall be AlA Document G702, Application and Certificate for Payment, supported by AlA Document G702A, Continuation Sheet. a. Until the work is 50% complete, the Owner will pay 90 percent of the amount due the Contractor on account of progress payments. At the time the work is 50% complete, if 2537 1 Augusta Richmond County Fire Station # 6 00800 - 3 SUPPLEMENTARY CONDITIONS ,... Page 3 of 5 the manner of completion of the work and its progress are and remain satisfactory to the Architect, and in the absence of other good and sufficient reasons, the Architect shall (on presentation by the Contractor of Consent of Surety) certify for payment to the Contractor half of the funds then held as retainage by the Owner. Thereafter, the Owner will pay 95% of the amount due the Contractor on account of remaining progress payments. b. The full contract retainage may be reinstated if the manner of completion of the work and its progress do not remain satisfactory to the Architect, (or if the Surety withholds his consent), or for other good and sufficient reasons." C. Paragraph 9.7.1: Delete the phase ".. .or awarded by arbitration," after "...the amount certified by the Architect". . 2.07 ARTICLE 11.4 - PROPERTY INSURANCE A. Paragraph 11.4.1: Delete the phrase "Unless otherwise provided..." in the first line. Delete the first reference to the word "Owner" and substitute "Contractor" in the first line so it shall read, "The Contractor shall purchase and maintain...". B. Paragraph 11.4.1.2: Delete section. C. Paragraph 11.4.1.3: Delete section. D. Paragraph 11.4.2: Delete the first reference to the word "Owner" in the first line and substitute the word "Contractor" so the document will read, 'The Contractor shall purchase and maintain boiler and machine insurance...... E. Paragraph 11.4.3: Delete the sentence 'The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, inCluding consequential losses due to fire or other hazards however caused." F. Paragraph 11.4.4: Delete section. G. Paragraph 11.4.5: Delete section. H. Paragraph 11.4.6: Delete section. I. Paragraph 11.4.7: Delete section. J. Paragraph 11.4.8: Delete section. K. Paragraph 11.4.9: Delete section. L. Paragraph 11.4.10: Delete section. 2.08 ARTICLE 11 - INSURANCE AND BONDS. A. Paragraph 11.1.2: ADD SUBPARAGRAPH: "11.1.2.1 The insurance required by subparagraph 11.1.1 shall be written for not less than the following limits: a. Workman's Compensation - Statutory b. Employer"s Liability - $500,000 c. Comprehensive General Liability: 1) Bodily Injury - $1,000,000 2) Personal Injury - $1,000,000 d. Property Damage - $1,000,000 e. Automobile Liability: . 1) Bodily Injury - $1,000,000 2) . Property Damage - $1,000,000 . f. Contractor's Protective Liability - Same limits as Comprehensive General Libility above. g. Products and Completed Operations Liability - Same limits as Comprehensive General Libility above for (2) two years minimum, commencing with issuance of Final Page 4'of 5 ." Certificate for Payment. h. Contractual Liability - Same limits as Comprehensive General Libility above." B. Paragraph 11.1: ADD SUBPARAGRAPH: "11.1.4 Furnish two (2) copies of Certificates herein required; specifically set forth evidence of all coverages required by subparagraph 11.1.1 of the "General Conditions. The form of the Certificate shall be AlA Document G705. Furnish to the Owner copies of any endorsements that are subsequently issued amending coverage or limits." C. Paragraph 11.2: ADD SUBPARAGRAPH: "11.2.2 A certificate of compliance shall be furnished to the General Contractor through the Architect. This insurance shall have a $100 "Deductible" on any insured loss and that the amount of this deductible and ANY other losses not specifically covered under the Owner's policy shall be borne by the General Contractor and/or his subcontractors. Loss of any tools, equipment, scaffolding, staging, towers, forms, machinery, etc. owned or rented by mechanics, or the Contractor or the Subcontractors, which are not intended to become a part of the project will not be covered; but it does cover damage to the building or contents because of theft or burglary. The General Contractor and/or his subcontractors must report any loss to the Owner as soon as the loss occurs in order that damage be assessed before job conditions are disturbed. Formal claims against this policy should be submitted within 21 days after occurrence." D. Paragraph 11.5.1: Delete the first reference to the word "Owner" and substitute the word "Contractor". Delete the phrase "...have the right to require the Contractor to..." in the first sentence. Delete the phrase "...stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract." and substitute the phrase "required by Georgia law." E. Paragraph 11.5: ADD SUBPARAGRAPH: , "11.5.3 Prior to signing of Construction Contract, the Contractor must furnish Performance Bond, and Labor and Material Payment Bond covering the faithful performance of the Contract and the payment of all obligations arising thereunder. Bonds must be executed in triplicate and issued at 100% of the Contract Amount for all coverages. The Performance Bond and the Labor and Material Payment Bond may be in one, or may be in separate instruments in accordance with local law; Surety Company Underwriting this document must be authorized to do business in the State of Georgia and must be acceptable'to the Owner.The bond value requirements are as follows: a. Provide a 100 percent Performance Bond on AlA A312. . b. Provide a 100 percent Payment Bond on AlA A311. ,c. Deliver bonds within 3 days after execution of the Contract." 2.09 ARTICLE 13 - MISCELLANEOUS PROVISIONS A. Paragraph 13.6: Delete section. B. Paragraph 13.6.1: Delete section. 2.10 ARTICLE 14 - TERMINATION OR SUSPENSION OF THE CONTRACT A. Paragraph 14.1.1: Delete number 3. B. Paragraph 14.1.3: Delete the phrase ".. .including reasonable overhead, profit and damages." C. Paragraph 14.4.4: Add the following: This Agreement is intended by the Parties to, arid does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.GA Section 13-11-1, et. seq. In any event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this agreeent shall control. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in 2537 1 Augusta Richmond County Fire Station # 6 00800 - 4 SUPPLEMENTARY CONDITIONS 2537 1 Augusta Richmond County Fire Station # 6 00800 - 5 SUPPLEMENTARY.CONDiTlONS ... Page 5 of 5 the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Counrt of Richmond County, Georgia. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and . Contractor specifically waives any claim to same. Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques. sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract. Contractor acknowledges that all records relating to this Agreement and the services to be provided upon the contract may be a public record subject to Georgia's Open Records Act (O.C.G.A. 50-180-70, et. seq.). Contractor shall cooperate fully in responding to - such request and making all records. not exempt, available for inspection any copying as provided by law. All reference to AlA Document A201-1997 in the Standard Form of Agreement Between Owner and Contractor shall reference only this amended and attached version. The Contractor evidenced by his below signature asserts to the hereinabove modifications. deletions, and/or amendments to this document. 2.11 ADDITIONAL ARTICLE 15 - DEFINITIONS A. Products: Means new material, machinery, components. equipment, fixtures, and systems forming the Work, but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Furnish or Supply: To supply and deliver. unload, inspect for damage. C. Install: To unpack, assemble, erect, apply. place, finish, cure, protect,clean, and ready for use. D. Provide: To furnish or supply, plus install. END OF DOCUMENT 00800 2537 I Augusta Richmond County Fire Station # 6 0001 0 - 1 TABLE OF CONTENTS . Attachment B Page 1 of 6 SECTION 00010 TABLE OF CONTENTS 00001 - PROJECT TITLE PAGE 00007 - SEALS PAGE 00010 - TABLE OF CONTENTS. 00015 - LIST OF DRAWINGS 00100 -INVITATION TO BID 00200 - INSTRUCTIONS TO BIDDERS AlA DOCUMENT A701 - INSTRUCTIONS TO BIDDERS 00220 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 00410 - BID FORM AlA DOCUMENT A305 - CONTRACTOR'S QUALIFICATION STATEMENT .00500 - FORM OF AGREEMENT 00600 - BONDS AND CERTIFICATES 00700 - GENERAL CONDITIONS 00800 - SUPPLEMENTARY CONDITIONS DIVISION 1 -- GENERAL REQUIREMENTS 01100 - PROJECT SUMMARY 01210 - ALLOWANCES 01230 - ALTERNATES 01300 - ADMINISTRATIVE REQUIREMENTS 01325 - CONSTRUCTION PROGRESS SCHEDULE 01330 - DELAYS AND TIME EXTENSIONS 01355 - ENVIRONMENTAL SURVEY 01500 - TEMPORARY FACILITIES AND CONTROLS 01600 - PRODUCT REQUIREMENTS 01780 - CLOSEOUT SUBMITTALS DIVISION 2 -- SITE CONSTR~CTION 02200 - SITE PREPARATION 02310 - GRADING 02315 - EXCAVATION Page 2 of 6 .. 02316 - FILL AND BACKFILL 02317 - TRENCHING FOR SITE UTILITIES 02318 - ROCK REMOVAL 02441 -IRRIGATION SYSTEM 02485 - SEEDING 02487 - SODDING 02490 - TREES, PLANTS AND GROUND COVERS 02510 - WATER DISTRIBUTION 02515 - DISINFECTION OF WATER DISTRIBUTION SYSTEM 02535 - SANITARY SEWER PIPING 02635 - STORM DRAINAGE PIPING 02741 - BITUMINOUS CONCRETE PAVING 02751 - PORTLAND CEMENT CONCRETE PAVING 02843 - PARKING BUMPERS DIVISION 3 -- CONCRETE 03300 - CAST -IN-PLACE CONCRETE DIVISION 4 -- MASONRY 04065 - MORTAR AND MASONRY GROUT 04080 - HORIZONTAL MASONRY JOINT REINFORCEMENT SYSTEMS 04082 - CAVITY WALL DRAINAGE SYSTEM 04210 - BRICK MASONRY UNITS 04220 - CONCRETE MASONRY UNITS DIVISION 5 -- METALS 05400 - COLD-FORMED METAL FRAMING 05500 - METAL FABRICATIONS DIVISION 6 -- WOOD AND PLASTICS 06067 - HIGH PRESSURE DECORATIVE LAMINATES 06100 - ROUGH CARPENTRY 25371 Augusta Richmond County Fire Station # 6 00010 - 2 TABLE OF CONTENTS Page 3 of 6 .. 06200 - FINISH CARPENTRY 06410 - CUSTOM CABINETS DIVISION 7 -- THERMAL AND MOISTURE PROTECTION 07115 - BITUMINOUS DAMPPROOFING 07210 -SOUND ATTENUATION BLANKETS 07212 - BOARD INSULATION 07261 - WEATHER RESISTANT MEMBRANE (TYVEK "ST~CCOWRAP") 07262 - VAPOR RETARDER MEMBRANE 07620 - SHEET METAL FLASHING AND TRIM 07650 - FLEXIBLE THROUGH WALL FLASHING 07840 - FIRESTOPPING 07900 - JOINT SEALERS DIVISION 8 -- DOORS AND WINDOWS 08110 - STEEL D"OORS AND FRAMES 08360 - ALUMINUM SECTIONAL DOORS 08568 - VINYL WINDOWS 08710 - DOOR HARDWARE 08800 - GLAZING DIVISION 9 -- FINISHES 09205 - DIAMOND MESH METAL LATH 09220 - PORTLAND CEMENT STUCCO 09260 - GYPSUM BOARD ASSEMBLIES 09261 - EXTERIOR GYPSUM BOARD SHEATHING - FIBERGLASS REINFORCED 09300 - TILE 09511 - SUSPENDED ACOUSTICAL CEILINGS 09650 - RESILIENT FLOORING 09680 - CARPET 09900 - PAINTS AND COATINGS DIVISION 10 -- SPECIALTIES 2537 1 Augusta Richmond County Fire Station # 6 00010 - 3 TABLE OF CONTENTS ~ 10100 - VISUAL DISPLAY BOARDS 10170 - PLASTIC TOILET COMPARTMENTS 10350 - FLAGPOLES 10420 - METAL BUILDING LETTERS 10421 - METAL PLAQUE 10441 -INTERIOR PLASTIC SIGNS 10523 - FIRE EXTINGUISHERS, CABINETS AND ACCESSORIES 10530 - PROTECTIVE COVERS 10800 - TOILET, BATH, AND LAUNDRY ACCESSORIES DIVISION 11 -- EQUIPMENT 11005 - MISCELLANEOUS EQUIPMENT DIVISION 12 -- FURNISHINGS - NOT USED DIVISION 13 -- SPECIAL CONSTRUCTION 13125 - METAL BUILDING SYSTEM DIVISION 14 -- CONVEYING SYSTEMS - NOT USED DIVISION 15 -- MECHANICAL 15000 - GENERAL MECHANICAL PROVISIONS 15050 - BASIC MECHANICAL MATERIALS AND METHODS 15051 - EXCAVATION, TRENCHING AND BACKFILL 15100 - VALVES 15135 - METERS AND GAGES 15145 - HANGERS AND SUPPORTS 15170 - MOTORS 15171 - MOTOR CONTROLLERS 15241 - MECHANICAL VIBRATION CONTROLS AND SEISMIC RESTRAINTS 15250 - MECHANICAL INSULATION 15325 - FIRE-SUPPRESSION PIPING. 15411 - WATER DISTRIBUTION PIPING 2537 1 Augusta Richmond County Fire Station # 6 00010 - 4 Page 4 of 6 TABLE OF CONTENTS Page 5 of 6 , " ~, 15420 - DRAINAGE AND VENT PIPING 15430 - PLUMBING SPECIALTIES 15440 - PLUMBING FIXTURES 15450 - PLUMBING FIXTURES & ACCESSORIES 15453 - WATER DISTRIBUTION PUMPS 15461 - ELECTRIC WATER HEATERS 15465 - COMPRESSED AIR EQUIPMENT 15481 - COMPRESSED AIR PIPING 15496 - NATURAL GAS PIPING 15530 - REFRIGERANT PIPING 15620 - FUEL-FIRED HEATERS 15773 - SPLIT SYSTEM HEAT PUMPS AND AIR CONDITIONERS 15850 - AIR HANDLING 15851 - VEHICLE EXHAUST REMOVAL SYSTEM 15855 - DIFFUSERS, REGISTERS, GRILLES AND LOUVERS 15889 - RANGE HOOD SYSTEMS 15891 - METAL DUCTWORK 15910 - DUCT ACCESSORIES 15975- CONTROL SYSTEMS EQUIPMENT 15985 - SEQUENCE OF OPERATION _15990 - TESTING, ADJUSTING, AND BALANCING DIVISION 16 -- ELECTRICAL 16000 - GENERAL 16010 - LIGHTING AND POWER PANELBOARDS 16015 - FUSES 16020 - RACEWAYS 16030 - CONDUCTORS 16040 - OUTLETS 16050 - WIRING DEVICES & DEVICE PLATES 16060 - LIGHTING FIXTURES & LAMPS 16070 - DISCONNECT SWITCHES 16090 - PHOTO CONTROL & CONT ACTOR 16100 - PULL BOXES AND JUNCTION BOXES AND FITTINGS 16110 - GROUNDING 2537 I Augusta Richmond County Fire Station # 6 00010-5 TABLE OF CONTENTS Page 6 of 6 , ,- ". 16120 - EQUIPMENT INDENTIFICATION 16130 - DATA/VOICE CONDUIT & OUTLET SYSTEM 16140 - FIRE ALARM SYSTEM 16150 - CLOCKS 16160 - TRANSIENT VOLTAGE SURGE SUPPRESSOR 16175 - FIRESTOPPING 16190 - ENGINE GENERATOR SET 16210 - DATA/VOICE NETWORK & CABLING SYSTEM 16220 - CONSTRUCTION REVIEWS, INSPECTION & TESTING END OF TABLE OF CONTENTS 2537 1 Augusta Richmond County Fire Station # 6 00010-6 TABLE OF CONTENTS 2537 1 Augusta Richmond County Fire Station # 6 00015 - 1 LIST OF DRAWINGS , ,",' w' Attachment C Page 1 of 2 SECTION 00015 LIST OF DRAWINGS COVER CO.1 BOUNDARY, TOPO & DEMO PLAN C1.1 LAYOUT & UTILITY PLAN C2.1 GRADING & DRAINAGE PLAN C3.1 EROSION & SEDIMENT CONTROL C3.2 S.E.S.C. NOTES & DETAILS C4.1 MISC. PROFILES C5.1 MISC. DETAILS C5.2 MISC. DETAILS C5.3 MISC. DETAILS A1.0 MASTER FLOOR PLAN A1.1 ENLARGED FLOOR PLAN A1.2 ENLARGED FLOOR PLAN A2.0 ELEVATIONS A3.0 CROSS SECTION A3.1 CROSS SECTION A4.0 WALL SECTIONS A4.1 WALL SECTIONS A4.2 WALL SECTION A5.0 ROOF PLAN AG.O REFLECTED CEILING PLAN A7.0 DOORS AND WINDOWS A7.1 DOORS AND WINDOWS DETAILS A8.0 MILLWORK ELEVATIONS A8.1 MILLWORK SECTIONS A9.0 CANOPY DETAILS AF1.1 ENLARGED FINISH PLANS & DETAILS AF2.1 ENLARGED FINISH PLANS & DETAILS S1.0 GENERAL NOTES S2.1 FOUNDATION AND SLAB PLAN S2.2 ROOF FRAMING PLAN S3.1 CONCRETE SECTIONS & DETAILS S4.1 MASONRY SECTIONS & DETAILS Page 2 of 2 . 11. ~ S5.1 STEEL SECTIONS & DETAILS S5.2 STEEL SECTIONS & DETAILS P1.1 PLUMBING NEW WORK PLAN P2.1 PLUMBING NEW PLAN FP1.1 FIRE PROTECTION PLAN M1.1 HVAC NEW PLAN M1.2 VEHICLE EXHAUST SYSTEM M2.1 HVAC DETAILS M3.1 HVAC SCHEDULES AND DETAILS E1.1 LEGEND, NOTES, E1.2 ELECTRICAL SITE PLAN E2.1 LIGHTING AND POWER PLAN E3.1 MECHANICAL AND SYSTEMS PLAN E4.1 POWER RISER E5.1 DETAILS E6.1 DETAILS END OF LIST OF DRAWINGS 2537 I Augusta Richmond County Fire Station # 6 00015 - 2 LIST OF DRAWINGS