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