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Home My WebLink AboutPerformance Bond/Excel Management Group Inc. Augusta Richmond GA DOCUMENT NAME: 'PI:: lZ-f'o ~ M~;jct 'BOt" DIG 'iCf5Cj'Y\AI\lA9b /0 ~ GR00p~~C., DOCUMENT TYPE: 1 YEAR: I q Ll<;S BOX NUMBER: to FILE NUMBER: \ ~Oj q C ' NUMBER OF PAGES: 13 ';... - ~ .,~ r~ ,1 !!1!~ltmen~ You Make' i \, , .. ~~ H/3?9tJ /' .J> .' THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. 190550602 , AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Excel Management Group, Inc. D/B/A Excel Design & Construction, Inc. 1835 East Park Place Boulevard Suite 107 Stone Mountain, Georgia 30087 SURETY (Name and Principal Place of Business): Continental Casualty Company CNA Plaza Chicago, III 60685 OWNER (Name and Address): Augusta-Richmond County, Georgia Room 605, Purchasing Department City-County Municipal Building (11) Augusta, Georgia 30911-3999 CONSTRUCTION CONTRACT Date: November 4, 1998 AmountFour Hundred Fifty-Six Thousand Two Description (Name and Location): Bid 1198-165A. Hundred Seventy-Nine & 00/100 Dollars ($456,279.00) Construction Contract for Blythe Community Center BOND Date (Not earlier than Construction Contract Date): November 18, 1998 AmountFour Hundred Fifty-Six Thousand Two Hundred Seventy-Nine Modifications to this Bond: [Jj None IndCorporate Seal) truction, Inc. SURETY Company: Con & 00/100 Dollars ($456,279.00) D See Other Side (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, EnQineer or other party): The CIMA Companies, Inc. Nicholas Dickinson & Associates, P.~. 1735 Jefferson Davis Highway, Suite 900 306 Sixth Street Arlington, Virginia 22202-3499 Augusta, Georgia 30901 00;3)413-4800 AlA DOCUMENTA312 · PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA (;J THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE" N,W., WASHINGTON, D.C. 20006 G.5B439.C ,'0 t ..... ~ . , 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and asg,l.gns t~he Owner for the performance of the Construction Contract, which is incorporated herein by reference. - -IJI'I.. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, exce,pt "to participate in conferences as provided in Subparagraph 3,1. '" 3 If there is nD Owner Default, the Surety's obligation under this Bond shall arise after: 3,1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted 'to arrange a conference with the Contractor and the Surety to be held not, later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3,2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3,1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the CDnstruction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4,1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4,2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4,4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: ,1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or ,2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4,4, and Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. ' 6 After the Owner has terminated the Contactor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4,1,4,2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6,1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6,3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non,performance of the Contractor, ' 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction CO'!tract, and the Balance of the Contract Price shall not be reduced or set oft on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations, ' 9 Any proceeding. legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the.suit shall be applicable. ",.,',""'''...,.~....,.. 1 O"f':loti<;:~ t.9 the S,urety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signaty're\page: .J '."'" ..' -...- . '" ._'.... .~~..~.. '. '" , .'1~ .,When this ~ol1d'h.as been furnished to comply with a statutory or other legal requirement in the location w.l'ler~"t!1e~c9nstr"ueJicin w,as to be .:perfornie;:l, any projtisi9n in this Bond conflicting with said statutory or legal requirement shall be deemed -Sel~t~d~rt.ierefrom a'n.d previsions ,,' cohf,Slrr:niryg tz..such 'st~tutory or other legal requirement shall be deemed incorporated herein, The intent is thctt t~I~'Eond ,s!Jallb~~9nst~ed as =' a ~tat~tor;~: DOJ'ld and~oJ as'a common law bond. ' ~ ~ ~?::. ::: ~::::~ ~ -: _.: 1~2 : t!~~IN',~ IO-;N.S : :::.:- " . . ~ f :. -'-, _ '. ~~ ~': ~ ~ ". \ 1'2.1, '::Ba!~nceof,.Jtte Contract Price: The total amount payable by the Owner to the~ontractor under th'f,l ~1'>fI;>t!iuction qoptract ~fter all ~ '. C.': c-':-proper adjustments have been made, in~luding allowance to the Contractor of any.amounts,re'ceivecl~oritp'be receive$l'by tha Owner ':-. ':' >~ ~ .:..;" in s~tt1~ment of insurance or other claims for damages to which the Contractor is entitled, reduced D9~~Il';{}lli~.and:prope~;payments .... _....." '.., r:!:lade'to' qr on behalf of the Contractor under the Construction Contract. '/1,/' C . ~\ 'IJ """ ....12,2- i coMiruction Contract: The agreement between the Owner and the Contractor identified on the signature p~'ge;.incIGdihg all Contract ". Documents and changes thereto, 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof, ,~ MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) ,v. .. k- " ',' '"' ~. .;::: POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constiMe and appoint Donald N. Schuck, J, Russell Townshend, Robert R. Parks, Robin V. Kneussl, Individually " of Arlington, Virginia their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute forand' on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 20th day of January , 1997 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~1}L- M.C. Vonnahme Group Vice President State of Illinois, County of Cook, ss: On this 20th day of . January , 1997 ; before me personally came M. C. Vonnahme , to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Darien ,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his'i1ame thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. My Commission Expires June 5, 2000 CERTIFICATE \'~1.P~ Eileen T. Pachuta Notary Public (Rev.7/14/95) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA /f,A-F-9 Robert E. Ayo Assistant Secretary :; , -" . ' ..,. r . h... Authorizing By-Laws and Resolutions .' . ... ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: ". This Power of Attorney is rnade and executed purSuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--Execution of Documents Section 3. Appointment of Attorney-in-fact: The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact t6 act in behalf of the Company in the executiDn of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach ,the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the CDmpany. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VJ-.-.€xecution of Obligations and Appoinbnent of Attorney-in-Fact Section 2. Appointment of Attorney-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of DirectDrs of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney,granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any Certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: ;.,: .... This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. ' "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appDint, by written certificates, Attorneys-in~Fact tD act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the CDrporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or GrDup Vice President or the Board of DirectDrs may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power Df Attorney is signed and sealed by facsimile under and by the authority of the following Resolution a~flP\e~,~~yZthe:~~ard" of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. ,..... "-:>_. '-'-"-, V "\ "RESOLVED: That the signature Df the President, an Executive Vice President or any Senior or Group Vice P.?eskJent ~[19",th~ seai't,(the. CDrporatiDn may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adoptetft;>y tflis Bdard:of5Directo.rs.o~ February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the CorporatiO!) ~y be.a~ejl'l?~'facsir;nLI.$!o any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall ~ ~lfdand:bj:'iglP~'()ntt!e: Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall With,re$pect ti',~mi bOQO:' or undertaking to which it is attached, continue to be valid and binding on the Corporation." " ~%:,-:-.'_'~._~_':_..,~~.: ,~ . ~ r!="l '0 1.,,- ") -, -~ t:RA For All the Commitments You Make' THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. 190550602 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Excel Management Group, Inc. D/B/A Excel Design & Construction, Inc. 1835 East Park Place Boulevard Suite ,107 Stone Mountain, Georgia 30087 SURETY (Name and Principal Place of Business): Continental Casualty Company CNA Plaza Chicago, III 60685 OWNER (Nqme and Address): , Augusta~Richmona-~ounty, Georgla Room 605, Purchasing Department City-County Municipal Building (11) Augusta, Georgia 30911-3999 CONSTRUCTION CONTRACT Date: November 4, 1998 Amount:Four Hundred Fifty-Six Thousand Two Description (Name and Location): Bid 1198-165A. Hundred Seventy-Nine & 00/100 Dollars ($456,279.00: Construction Contract for Blythe Community Center BOND Date (Not earlier than Construction Contract Date): AmountFour Hundred Fifty-Six Thousand Two Modifications to this Bond: November 18, 1998 Hundred Seventy-Nine & 00/100 Dollars ($456,279.00: !XI None 0 See other side SURETY Company: ' ,- , Inc. /r1}1!l1t ~e:o (FOR iNFORMATION ONL Y-Name, Address and Telephone) AGEM':;~!..1r BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Tlie CLMA Companies, Inc. Nicholas Dickinson & Associates, P.C. 1735 Jefferson Davis Highway, Suite 900 306 Sixth Street Arlington, Virginia 22202-3499 Augusta, Georgia 30901 (03) 413-4800 AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND · DECEMBER 1984 ED, · AlA C!> THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YO~K AVE., N,W., WASH.INGTON, D.C, 20006 G.58438-B " . '- 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the ", Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein , by reference, 2 With respeCt to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2,2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due, 4 The surety shall have no obligation to Claimants under this bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim, 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. S If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. . 6, When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6,1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed, 6.2 Payor arrange for payment of any undisputed amounts, 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety, 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the. Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting' this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work, 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond, 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs, If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contactor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, anY provision in this Bond conflicting with said statutory or legal requirement shall b,e deemed deleted herefrom and provisions conform!ng to such statutory or other legal requirement shall be deemed incorporated herein, The intent is that this,.~.9n~.~hall be construed as . ,a-statutory bond'and not as a common law bond.""" '- "'" .. ~.' 14. Uponrequ{;t:'t:ly any person or entity appearing to be a potential beneficiary of this Bond, the Contrac~0{~t1'al!:p~n;Pt!y}ur!1ish a copy of _- this Bcind'9r sh!1lly~rmit a,copy to be made, , {,'r....:, '2; ....:~ '~ _ : ,1S....DE~iNmONS- '-:: =- . , 2' r~~ ;'",..~ -~"'; $;'. ~ _ -:-. .. _ ~........... ~ _ . '-~ _ . . _ ,_ . """- v _ ~.. _ :: :. 1 ~.i-~5.1~ ~lai~a.nt,::An individual ~r entity having a direct contract with the .contractor,or with a subcontr!c.t6r;df,th~ C,Qn$ic1~r. ~o f~!nish labor, -;:. .' ~matenals or,equlpment for use In the performance of the Contract. The Intent of thiS Bond shall be to:lnclucte wlthout~Jlmltatlonij1 the terms ~ ~". ~ '~;Jabor, m~terials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone serVice'ot rental~equJ:?!,i1ent~used in the ". ~ .:-'.,..C6nstruction Contract, architectural and engineering services required for performance of the work oJ the"Ppnffactor .an~d the~Contractor's '.. ~.:;, subcontiac'tors, and all other items for which a mechanic's lien may be asserted in the jurisdiction whore')he;labor, ma'ferials,or equipment '~'" "werefiJinished, . . ~""" '.;'Dr'~""7,':.7: ,~. '15,2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig~e.!ljfe.page,\'inc:Jl.icjing all Contract Documents and changes thereto. "'''i.;,,''';\ ' 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof, , f' .J' . jl , , MODIFICATIONS TO THIS BOND ARE AS FOllOWS: " .I' ,~. 'I 'q , . ' POWER OF ATIORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT .-' ,- Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Donald N. Schuck, J. Russell Townshend, Robert R. Parks, Robin V. Kneussl, Individually of Arlington, Virginia their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized Dfficer of their cDrporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 20th day of January , 1997 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ~~ M,C. Vonnahme Group Vice President State of Illinois, County of Cook, ss: On this 20th day of January , 1997 : before me personally came M. C. Vonnahme , to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Darien ,State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name theretD pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ~~~T',P.~", iii NOTARY ~ PUBU: ~, ,~. Co. My Commission Expires June 5, 2000 , GERTIFICATE \".n-.1. Po.du.ta.. Eileen T, Pachuta Notary Public (Rev,7/14/95) CONTINENTAL CASUALTY COMPANY NATiONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA /f,A-Fcfl Robert E. Ayo Assistant Secretary ".. ,e...." i. .' i-;-i,. ,;". Authorizing By-laws and Resolutions \",:~ , ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX--execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI---€xecution of Obligations and Appointment of Attorney-in-Fact SectiDn 2. Appointment of Attorney-in-fact The Chairman Df the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution Df policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any ExecUtive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the CDmpany may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company, "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the CDrporation may, from time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the CorporatiDn in the execution Df policies of insurance, bonds, undertakings and other obligatory instruments of like nature, Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an' Executive Vice President, any Senior or GrDup Vice President or the Board of DirectDrs may at any time revoke all power and authority previously given to any Attorney-in-Fact." t" ," . \ -;) - - This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution ad6pted'by~th'e'Board'" of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. /-... "'- -:.,. ' -"";<1"" "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group VicePresid~nNin@ttfe Seal'bfih~ Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adDpte4 b'l jhis B~~, qt: Qjrectq,r'S::ob February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the CorporatiDn n}ay J:>e~~e:ctpY.tdg,simJ!.e;tD any certificate Df any such power, and any power or certificate bearing such facsimile signature and seal shaU'be valid.!il1cl; bi.f)diifu orrtl:1e" CorpDration. Any such power so executed and sealed and certified by certificate so executed and sealed, shall,WrthreSpeGt to:arlY'$orla:or undertaking to which it is attached, continue to be valid and binding on the Corporation." ~ -% '. ~-'.~., .(;~~ ,:." 1.......... :':\ ~~. Cl i ent#,; 20796 EXCMAl .: ''!.. .---' .' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/VY) ACORDTM 11/17/98 ~. '-' . . PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ClMA/Alton Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The CIMA Companies, Inc. ( CIM) HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 216 S. Peyton Street I Alexandria, VA 22314-2892 INSURERS AFFORDING COVERAGE INSURED INSURER A: U . S. Fire Insurance Company Excel Management Group, Inc. INSURER B: 1835 East Park Place Boulevard INSURER c: Suite 107 INSURER 0: Stone Mountain, GA 30087 INSURER E: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN. MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE POLlCYNUMBER Pg~lfJ/~FJTDCJ)~ P?:'~f~ ,F~l~llbArJ)W LI M ITS LTR A GENERAL LIABILITY 5031757503 10/09/98 11/01/99 EACH OCCURRENCE 51, OOO,~ ~ X COMMERCIAL GENERAL lIABllIlY FIRE DAMAGE (Any one fire~ S 300,~ I CLAIMS MAD~ OCCUR M ED EXP (Anyone person) $ 10,~ PERSONAL &ADV INJURY $1 OOO,~ - GENERAL AGGREGATE $2,000,~ - G EN'L AGGR EGA TE LI MIT A PPLlES PER: PRODUCTS,COMP/OP AGG $2,000,000 I POLlCY!Xl j~gT n LOC A AUTOMOBILE LIABILITY 1336438872 10/09/98 11/01/99 COMBINED SINGLE LIMIT - $1,000,000 X ANY AUTO (Ea accident) - ALL DWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - X HIRED AUTOS BODILY INJURY - $ II NON,OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) [1'G' ",,,,,n AUTOONLY, EAACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ A EXCESS L1A BILlTY 553065924 10/09/98 11/01/99 EACH OCCURRENCE 1$3,000,~ ~ OCCUR D CLAIMS MADE AGGREGATE $6,000,~ $ ;] DEDUCTIBLE $ X RETENTION Sa $ A WORKERS COMPENSATION AND 4086043803 09/26/98 11/01/99 x IT1>~.n~rJK-s I 10TH, ER EMPLOYERS' LIABILITY 100,000 E,L. EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ 100,000 E.L. DISEASE-POLICY L1MI $ 500 000 OTHER DESCRIPTIDN OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDDRSEM ENT/SPECIAL PRDVISIDNS Certificate Holder is an Additional Insured Under the General Liability Coverage Shown Above as Respects Work Performed by the Named Insured on Blythe Community Center Contract, Bid No. 98-165A. , ' , CERTIFICATE HOLDER I y I ADDITIDNAL INSURED; INSURER LETTER: CANCELLATION SHDULD ANYDFTHEABDVE DESCRIBED PDLICIES BE CANCELLED BEFORE THE EXPIRATION Augusta-Richmond County, GA DATETH EREOF,TH E ISSUING INSURER WILL EN D EAVOR TO MAIL3_0_ DAYS WRITTEN Accounting Department, Room 105 NOTICETDTHE CERTIFICATE HDLDERNAMEDTOTHE LEFT, BUT FAILURE TO DO SOSHALL City-County Municipal Bldg. (11 ) IMPDSE ND OBLIGATION OR LIABILITY OF ANYKIND UPON THE INSURER,ITS AGENTS OR Augusta, GA 30911-3999 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _/ ~e> r"~ .:. " I .""".,...,~.~:' ACORD 25-S (7/97)1 of 2 #21896 tffl(M~ RATION 1988 ,..... .... . ., ~, IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25- 5 (7{97) 2 0 f 2 # 2 18 9 6 --- ~: '- ,. ~/- .' / 1 9 9 7 EDITION I AlA DOCUMENT A101-1997 12th day of October IIStan~ard For.m Of Agreement Between Owner and Contractor where the basis ~of payment is a STIPULATED SUM A G RE EM EN T made as of the in the year Nineteen Ninety-Ei,ght (In words, indicate day, month and year) BE TW E EN the Owner: (Name, address and other information) "'- and the Contractor: (Name, address a'rJd,other information) The Project is: (Name and location) The Architect is: (Name, address and other iilformation) , The Owner and Contractor agree as follows. Augusta, Georgia 530 Greene Street ~ugusta, Georgia 30911 Exc~l Design & Constructicin;.Inc, 1835 East Park Place Blvd" Suite Stone Mountain, Georgia 30087 Blythe Comffiunity Center GA Highway 88 and Bath-Edie Road -Blythe, Georgia Nicholas Dic;:kinson & Associates, P,C, .~rchitects - Interiors Planners 306 Sixth Street Augusta, Georgia 30901 Copyright 1915. 1918, 1925. 1937. 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, (9 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U,S. copyright laws and will subject the violator to legal prosecution, 107 This document has impor- 'tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification, AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference, Do not use with other general conditions unless this document is modified, This document has been approved and endorsed by The Associated General Contractors of America. .If. ~~"."'~: '1.., - (91997 AIA@ AlA DOCUMENT Al01-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, NoW. Washington, D.C. 20006-5292 -' .- 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, representa- tions or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8, ARTlCLE-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 applica/J/e, state that the date wiJ/ be fixed in a notice to proceed.) Commencement date will be fixed in a Notice to Proceed, XKllxj)QKKx~)OOmm:ooxxmeNKM&~~ro%xM1e~WN~blt(ixooXiuqKx<xjUe)mMlX~~X:lXocl1xtG( m~){lXI~~~~xxw.x~K'Xtx~xm)t)rn:~~Mxwx~~M~XIXi<Xi~xxxxxXX 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 240 days from the date of commencement, or as follows: (Insert numher of calendar days. Alternatively, a ca'iendar date may he used when coordinated with the date of commencement. Unless stated elsewhere in the Contract DOCllments, insert any requirements for earlier Substantial Completion of certain portions of the Work.) , subjectto 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 ear/y'completion of the Work.) WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ' I --- 9'11 <) 0 o. .0 0.,.......0 o Cl:::::O 'C:> ~ @1997 AIA@ AlA DOCUMENT Al01-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N,W, Washington, D.C. 20006-5292 .' I 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 Four Hundred Fifty-Six Thousand Two Hundred Seventy-Nine Dollars and No/lOG.,., Dollars ($ 456, 279,GC ), 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: (State the numbers or other identification of accepted alternates, 1f 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 amount for each and the date when that amount expires.) See Article 8.1,7 4,3 Unit prices, if any, are as follows: None 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: 25th of th~ month 5,1.3 Provided that ,an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the. lath ,/ 'dayofthe following month. Ifan Application for Payment is received by the Architect after.the application date fixed above, pay- ment shall be made by the Owne~ not later than 10 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 submit- , ted, by the Contractor in accordance, with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among t~e 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 reviewingthe Contractor's Applications for Payment. WARNING: !-,nlicensed photocopying violates u.s. ~opyrlght laws and will subject the violator to legal prosecution. I nlll .. 0 0, .0 0'. .... ,'0 OO:::;l:lo::. c=:::::J @1997 AIA@ AlA DOCUMENT Al01-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue. N.W. Washington. D,C. 20006-5292 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: 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 A20l-l997, 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 refereilCt; refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 ~MJelU~;)tiOO~ilfu(J)qIDfjaltl(~Xke<~HM-X~l>:lrn-)~.ln€~~~K~Ii~€OOB( ~~lliI*~~~~a~~~){~*gaq)f~1>>M*~mGili~~ ~~fSI{\()J{.WKff~){Ki:N~~~{G{ed\X (insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Twth 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) Ron Houck Planning & Development Manager Augusta-Richmond County Recreations&~Parks Dept, 2027 Lumpkin Road Augusta, Georgia 30906 7.4 The Contractor's representative is: (Name. address and other information) Emmanuel Abua, P.E., C.E.O. Excel Design & Construction, Inc. 1835 East Park Place Blvd" Suite 107 Ston8 Mocntain, Georgia 30087 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: WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution, ' I 8111 '" 0 o. ,0 o. ..,.. .'0 o"CJ:::j:J ~ c:::=::J @1997 AIA@ AlA DOCUMENT Al01-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N,W. Washington, D.C. 20006-5292 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 AlO1-l997. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA Document A201-1997, 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated July la, 1998 , and are as follows: Document Title Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages See Attached Exhibit - Table of Contents 8,1.5 The Drawings are as follows, and are dated , different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) unless a Number Title Date See Attached Exhibit - Index of Drawings WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I I 11111 '" /7 O. ,0 0', '-'- .'0 o a::;;o ~ c:::::::J @1997 AIA@ AlA DOCUMENT Al01-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 8,1.6 The Addenda, if any, are as follows: Number 1 2 3 4 Date 8/18/98 8/24/98 8/25/98 9/14/98 Pages 1-01 thru 1-04 and Exhibits 2-01 thru 2-02 3-01 4-01 thr~ 4-02 and Exhibits Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requiremen\s are also eriumerated in this Article 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 A201-1997 provides that bidding requirements such as'advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractors biB are noi par/,of the Contract Documents unless enumerated in this Agreement. They should be listed here only if.intended to be part of the Contract Documents.) 8,1.7,1 8,1.7,2 8.1.7.3 Summary of Contract' Amount (Breakdown of amount listed in 4,1. Table of Contents Index of Dr~wing~' ~ , This Agreement is' entered into as of the day and year first written above and is executed in at least th.ree original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner, Augusta, Geo - Ae:ting y and 1. -,Exgel Des' n & Cor:;s r etion, Ine. through t Au sta ~eh nd Cau sian ,Emmanuel Abua, PresIdent (Prinied name and title) At.test:' ,-CAUTI9N: You should sign an original AlA document ora,(icensed reproduction. Originals contain the AlA logo printed in red; licensed reproductions are, those produced In, accordance with the Instructions to this docl/ment. WARNING: Unlicensed photocopying violates U,S, copyright. laws and will subject the violator to legal prosecution, ' I .P'. ~~I~: "'." - - Cl:)1997 AIA@ AlA DOCUMENT Al01-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D,C. 20006-5292 NICHOLAS DICKINSON & ASSOCIATES, P.C. Architects - Interiors - Planners 306 Sixth Street, Augusta, Georgia 30901 Project: BLYTHE COMMUNITY CENTER Proj. #: NDA 9801 SUMMARY OF CONTRACT AMOUNT BUILDING BASE BID CHANGE SPLIT FACE BLOCK TO BRICK SITEWORK NEGOTIATION (AS SHOWN ON DRAWING C-1, C-2, C-3, C-4, C-5) 1. SILT FENCE 2; CLEARING AND STOCKPILE 3. GRADING 4. RETENTION POND CONSTRUCTION 5, STORM SEWER 6, SANITARY SEWER 7. CONCRETE SIDEWALK SUB TOTAL TOTAL NEGOTIATED CONTRACT PRICE EXCLUDED ITEMS - NOT IN CONTRACT 1, WELL AND 1-1/2 PVC LINE 2. STONE BASE 3. ASPHALT PAVING 4. STRIPING AND HANDICAP SIGNS 5. WHEEL STOP BidNegotiation.xls Page 8 $422,400.00 ($12,921.50) $900.00 $2,100.00 $6,600,00 $5,700.00 $19,000.00 $10,000,00 $2,500,00 $46,800.50 $456,279.00 10/9/98 Blythe Community Center NDA 980 I 6/98 SECT. NO. SECTION A SECTION B SECTION C SECTION D SECTION E SECTION F SECTION G TABLE OF CONTENTS SECTION TITLE PAGES Invitation to Bid Proposal Form Instructions to Bidders General Conditions of the Contract for Construction, AlA A20 I - 1997 Standard Form of Agreement, AlA A 101 - 1997 Bid Bond, AlA, A31 0, 1970 Ed, Performance Bond, AlA, A312, 1984 Ed. Payment Bond, AlA, A312, 1984 Ed. Special Conditions I I - 3 1 1 - 44 1 -78 1 1 - 3 1 - 3 1-10 DIVISION I - GENERAL REQUIREMENTS , 01010 o 1027 01030 01040 01200 01300 01400 01421 01500 01600 01631 01700 01740 Summary Of Work Applications For Payment Alternates Coordination Project Meetings Submittals Quality Control Reference Standards And Definitions Construction Facilities And Temporary Controls Materials And Equipmeni Substitutions Contract Closeout Warranties I - 2 I - 3 I - 2 I - 3 1-3 I - 7 I - 3 I - 3 I - 8 I - 3 1 - 3 \ - 4 I - 2 DIVISION 2 - SITE CONSTRUCTION 02200 02230 02282 02510 02700 Earthwork Site Clearing Termite Control Water Distribution Sewerage And Drainage SubSurface Exploration Report 02820 Lawns DIVISION 3 - CONCRETE [- 10 I - 3 I - 3 \ - 5 \ - \0 \ - \6 1-3 03300 I - 12 Cast-In-Place Concrete DIVISION 4 - MASONRY 04200 1- 17 DIVISION 5 - METALS 05120 05521 Unit Masonry Structural Steel Pipe and Tube Railings 1 - 7 I - 3 TOC-I Page 9 Blythe Community Center NDA 9801 6/98 DIVISION 6 - WOOD AND PLASTICS 06100 06402 Rough Carpentry Interior Architectural Woodwork I - 2 I - 7 DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07190 Vapor Barriers / R~tardants 07121 Cold Fluid-Applied Waterproofing 072 I 0 Building Insulation 07270 Firestopping 07920 Joint Sealants 1-2 I - 6 I - 4 I - 8 1 - 6 DIVISION 8 - DOORS AND WINDOWS 08110 08211 08305 08331 08710 08800 Steel Doors And Frames Flush Wood Doors Access Doors Overhead Coiling Doors Door Hardware Glazing I - 5 I - 5 I - 3 I - 5 I - 9 I - 6 D I IVISION 9 - FINISHES 09310 09511 09651 09653 09680 09700 09900 Quarry Tile Acoustical Panel Ceilings Resilient Tile Flooring Resilient Wall Base and Accessories Carpet Athletic Surfacing Painting I - 7 I - 5 I - 4 I - 4 I - 7 I - 4 I - 8 DIVIS[ON 10 - SPECIALTIES 10155 10425 10520 10801 Toilet Compartments Signs Fire-Protection Specialties Toilet And Bath Accessories I - 4 I - 3 I - 5 I - 3 DIVISION II - EOUIPMENT 11400 11500 Food Service Equipment Athletic Equipment I - 7 I - 2 DIV[S[ON 12 - FURN[SHINGS NOT USED 13125 DIVISION 13 - SPECIAL CONSTRUCTION Metal Building Systems I - [9 DIVISION 14 - CONVEYING SYSTEMS NOT USED TOC-2 Page 10 Blythe Community Center NDA 9801 6/98 DIVISION 15 - MECHANICAL 15050 15051 15060 15090 15100 15140 15200 15250 15401 15405 15424 15450 15701 15740 15771 15773 15795 15820 15840 15889 15900 General Provisions Codes, Permits & Inspection Firestopping Mechanical Supporting Devices Valves Pumps V ibration and Sound Control Mechanical Systems Insulation Domestic Water Systems Soil, Waste, and Vent System Water Heaters and Accessories Plumbing Fixtures and Accessories Piping for Mechanical Systems Thru-the- Wall Heat Pump Units Packaged Heat Pump Split System Heat Pump Electric Heaters Fans Air Distribution Range Hood Ventilating System HV AC Controls I - 19 1 - 2 1 - 4 I - 3 I - 2 I 1-2 I - 5 I - 5 I - 5 1-2 I - 5 I - 5 I - 2 I - 3 1 - 2 I I - 3 1-12 I - 7 I - 8 DIVISION 16 - ELECTRICAL 16000 16010 16015 16020 16030 16040 16050 16060 16070 16090 16100 16110 16120 16130 16140 16160 16175 16220 General Lighting and Power Panelboards Fuses Raceways Conductors Outlets Wiring Devices and Device Plates Lighting Fixtures and Lamps Disconnect Switches Photo Control and Contactor Pull Boxes and Junction Boxes and Fittings Grounding Equipment Identification Telephone Conduit and Outlet System Fire Alarm System Transient Voltage Surge Suppressor Firestopping Construction Reviews Inspection and Testing I - II I - 3 I - 2 I - 6 I - 3 I - 2 I - 5 I - 3 I - 2 I I I - 6 1 I 1-6 I - 5 I - 6 1-2 TOC-3 Page 11 BLYTHE COMMUNITY CENTER INDEX OF DRAWINGS INDEX C-I C-2 C-3 C-4 C-5 S- r S-2 A-I A -IAL T A-2 A-3 A-4 A-S M-l M-2 M-3 P-l P-2 P-3 INDEX OF DRAWINGS OVERALL MASTER PLAN STAKING PLAN GRADING PLAN SOIL EROSION CONTROL PLAN GA. D,O.T, DRIvEWAY PLAN FOUNDATION .{ SLAB PLAN MASONRY DETAILS FLOOR PLAN .{ ELEvATIONS FLOOR P~AN .{ ELEVATIONS-DEDUCTIVE AL T. "I/~ SC~EDULES / INTERIOR ELEVATIONS WALL SECTIONS DETAILS ROOF PLAN .{ DEi AiLS I-lvAC PLAN I-lvAC DETAILS AND NOTES !-lV AC, PLAN - AL T "II ~ PLUMBING PLAN PLUMBING PLAN PLUMBING PLAN Dated 7/10/98 9/29/98 9/29/98 9/29/98 9/29/98 9/29/98 7/10/98 7/10/98 7/10/98 7/110/98 7/10/98 7/10/98 ,7/10/98 7/10/98 7/10/98 7/10/98'; 7/1.0/98 8/17/98 8/17/98 7/10/98 E -I ELECTRICAL LEGEND, NOTES, AND FIXTURE SCI-lEDULE 7/1.0(98 E-2 LIGI-lTING AND POWER .{ SYSTEMS PLANS 7(10(98 Page 12 -, I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution, ,. 9/97 ", ..".,. WARNING: Unlicensed photocopying violates U,S. copyright laws and will subject the violator to legal prosecution. 1997 EDITION I AlA DOCUMENT A201-1997 _-~ene:_al con~it,ons of the Contract for Construction ----..-------- ,/ --- ---:...._T A BL E-OF-A R,T Ie L E S "--,-- -~-- ~ ---, , i I /\ f 1 .'1 / ) / 3. I rNrfTO~ / II ..... ~~ i~'C{NV.Loi 1/ ~ \ - \\ I l I / II /1 ! 6. CONSTRUCTlONIBY O;WNE'R OR BY SEPA,RAj TE CONTRACTORS \ \ {( / I;~\ I' // . / 7. C~1r I{/~~ vi)K~~ ~<:7~V) .)V/ 9, PAYMENTS AND COMPLETlON~ ) ) J ;--~/ ----, 10. PROTECT,'ON OF-PERSo'NS AND PROPERTY...~."/ " '/1 /r~-~ t~ 11. INSURANCE,-AND~OND~ ~ ./!\.~~~ ./'J~ 12 7tER~ COR)T1[ON ~ -13. MISCElLANEOUS PROVISIONSC) - ---~ \ '\ /~ '\ n n r\ n n '-------) () ~ .."" ~ ~ ~~ 141} fJ. E~~INATIONOOR SUSPENSION OF T':IE CONTRA5T ? r-----]\\ r ~ ( CA",~N. yo"-.ho,,l" \,,"" ;;';,0.", A~""" w;/h /h, AlA logo I'';""d ;" "d. A" ";,;",,, "'''''' Ii,", ~_-...3hanges WIll not be obsClired as may"ocClinvhen dOCllments are reproduced. ~ :. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961:1963, 1966, 1967, 197D, 1976, 1987, ~1997 by The American Institute of Architects. Fifteenth Edition, Reproduction of the material ~erein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecution. I WARNING: Unlicensed photocopying violates u,~' copyright laws and will subject the violator to legal prosecution, I This document has impor- tant legal 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,(, 20006-5292 Bill ., 0 0, ,0 O',~'. ..0 o Ct::;O ~ ~ @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.}.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 2-4,3.1.3,3,5,3.10.2,3.12,4.2.7,9.3.2,13-4.2,13.5 Arbitration 4.3.3,4-4,4.5.1,4.5.2,4,6, 8.3.1,9';'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, }.1O.2, 4.2,7 Architect's Authority to Reject Work 3.5.1,4.2,6,12.1.2,12,2.1 Architect's Copyright 1.6 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, 4-4-6,4.5,6.3,7.3.6,7.3.8,8.1.3,8,3.1,9.2,9-4,9.5.1, 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 n 4,2.10 1\ (\ Architect's Relationship with Contractor \ 1\\ 1.1.2,1.6, }.1.3, 3.2,1, 3.2,2, 3.2.3\, , 3.3,1, ~-4.2, ?,5.1, 3.7,3,3,10,3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2,4.3.4, \ I \ 4-4.1,4-4.7; 5.2,6,2.2,7,8.3,1,9,2,9.3,9-4,9,5,9,7, 9.8,9.9,10.2.6,10,3,11.3, 11.ft-7'; 12, 13-4.'1,1.3'5 ' A h. , R I' h' . h(S:i b\ \ rc Itect s e atlOns 1P Wit u contractors , I \ \ 1.1.2,4,2.3,4.2-4,4.2.6,9,6.3,9,6.4,11.4.7 Architect's Representationsl ,.~ 9-4.2,9.5.1,9.10.1 \ Architect's Site Visits \ 4.2.2,4.2.5,4.2.9,4.3-4,9,4.2,9,5.1,9'9.2,9.10,1, Asbe~~:s r>~. \ \ 10.3.1 Attorneys' Fees - ' 3.18.1,9,10.2, 10.3.3 Awoed of S'pmle cont'''''' . · 6.1.1,6.1.2 \ .~ 0 Award of Subcontracts ana Othef'Contr~cts for Portions of the Work \\ ~ 5.2 .'~ '\ Basic Definitions "'-~ 1.1 (--- --, ": Bidding Requi\emen.ts~ \ , ~ ~ " 1.1.1,1.1.7,5,2,1,11.5,1 ' \ ~~ \ Boiler and Mac~inery Insurllnce ~-- \' 11.4,2 ~.J - Bonds, Lien 0;// 9.10,2 ~~, Bonds, Performance, and'Payment '.3.6.4, 9.6.7,9.tO.~ n,4.9, n.,/ ,,( .; B 'ld' P . ~ (.J ~/ //.' U1 1l1g erm1t ------ - 3.7,1 / /~ 0 ~ Capitalization I 1.3 ~ 0 Certificate of SUbs.tantial comPletioLl ~. 9,8.3,9.8-4,9.8,5 / C Certificates for Payment ' . 4.2,5,4,2.9,9,3.3,9.4,9.5,9.6.1,9.6,6,9,7,1,9.10.1, "-- 9.10.3, 1}.7, 14.1.1.3, 14.2-4 l..___~ [; ~ I W^'Nt~G; u,,,........ ,h_i... "..~, U5. WPY';'" "., on' .;11 "hJK' ~. ,10'''", .. '...' ''''K~tJ Certificates of Inspection, Testing or Approval 13,5-4 Certificates of Insurance 9.\0,2,11.1.3 Conditions of the Contract 1.1.1,1.1.7,6,1.1,6.1.4 Consent, Written 1.6,342,3.12,8,3.14,2,4.\.2,4,3-4,4,6,4,9.3.2, 9.8.5,9.9.],9,10.2,9.\0,3,11.4.1,13.2,13.4.2 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 1.4.1.2,3.10,3.12.1,3,12.2,4.3.7,2,6.1.3 Contingent Assignment of Subcontracts 5,4, ]4.2.2.2 Continuing Contract Performance 4.3,3 Change Orders 1.1.1,241,3-4.2,3.8.2.3,3,11.1,3,12.8,4.2.8,4.3-4, 4.3.9,5.2.3,7,1,7,2,7.3,8.3.1,9.3.1.1,9.\0.3,11.4.\.2, 11.4,4, 11.4.9, 12.1.2 Change Orders, Definition 0.1 7.2,1 , CHANGES IN THE WORK 3.11, 4.2.S:7-;-8~9,3.1.1, 11.4.9 Claim, Definitionof,-7 4.3,1 ---.I Claims and DisRutes I C';; ~~\~; 4.3,4.4, 4,5, 4f' 6,1.1, 6,3(,\8, 9,)3,3, 9.10\, c"~l~d fmr'Y ArtiOn 1 cl'im) , .. J Claimsl for Aoditional Cost / ~ I I I I I 8 3,21'3~ 4,'3t 41.,3,5, 4.3f 6,6'/,1, 7.3. .'/1;0,3,-2 , , Claimsl for Aoditional Time ! I! I / ' 3.2.3, 4,3.ih 4.3.7, 6,1:1, 8.3.2, 10.3.2 c""",1 fn, dn,l,,:;, I~nkn~,{ GonditiOn< GlaL~':f;or DLLes ,/ / / ~ / "\ 117 i/ /1 3.2.3,3,18,4.]:10,;6.1.1, 8.3.3, 9.5.1, 9,6.7, 1O,}.3, I I Y I !. ! 11.hl, 11.4.5, 11.4.7, 14,1.3, 14.2,4 Contract Documents, The Clain~,S~QjeJt tO~bitrati6n/,.'1 1.1, \.2 4'fA\,~;5'l' 4//6.1 !r - ,"Contract Documents, Copies Furnished Cleaning Up ( dnd Use of 3.15, 6\31 1'.\ ' 1.6, 2.2.5, 5.3 Commen\eilient of Statutory Limitation~eriOd' €ontract Documents, Definition of I~ ~ j j I '~ ", ,. .'.) 1.1.1 ~?m~/.en~me~t.of}hr Work, , j' ' Contract Sum . ~CondltlOns'R,e,latll1g to ' ,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, \ \/ / " , 2,2.1, 3.2.ll 3.4),'3.7,1, 3.10,1, 3.~2,6}A.3.5, 5,2.1, 9.5,1.4,9.6,7,9.7,10.3.2,11.4.1',14.2-4,14.3.2 5,2,3, 6.2.2f 8"1'2, 8.2.2, 8.3.1, IH,I,'I~':.:l,_11.4.6,-1l:5,1 Contract Sum, Definition of Commencement of the Work, DefiIllt:7ln-Of 9,1 8,1.2 j! ~.,) ,,' ' ContfadTllbe Communications Facilitati!!g Gontract ( 4,3-4,4/3.7,4-4.5,5.2.3,7.2,1.3,7,3,7-4,8.1.1,8,2, Administrati9n U (0 . 8.3.1;,9.5.1,9,7,10.3.2,12.1.1, t4.3.2 , 3,9.1,4.2.4 'C~...-/ . fi . . f f ~ 0 ontract TIme, De II1ltlon 0 Completion! Conditions Relating to 8 II 1.6.1, 3/~'{3'~';3~5, 4'20'2:'4'2'9:8'~4'-2' 9.8'dCONT~TOR 9.9,1, 9.\0, 12,2;~,7., 14.1.2 " _. ,) ,COMPlET/6N,(PAYMENTS)ND 0' ~ 3/ 9 / \ ~ " Contractor, Definition of ~pletion, Substanti.~~ j ~ 3.1,6.1.2 n n (I r4.f.9'j8}.I, 8,?:3;-8:203,-9-4,2, 9~~9.1,\9'\O.3, Eontractor's Construction Schedules ~ \j \) u~JS/13!12.2, 1].7 0 ~ ~ ,"',' .')1.4,\.2,3.10, 3.12,1, 3.12,2, 4.3,7,2,6,1,3 7 Compliance,with-Laws ~ ~eontractor's Employees C1I'~\A2' 3.6, ~<, 3,)2,10,3,13, 4,:1,1, 4':J-4~8' 4.6.4, 3.3.2,3,4,3,3,8.1,3.9,3.18.2,4.2.3,4,2.6,10,2,10,3, 4,6,6,9.6.4,10.2,2\ 11.1, 11.4, 13.1, 13-4, 13,5.1, 11.1.1,11.4.7,14.1,14,2,1.1, \ \ \ \ 13.5.2,13.6,14,1.1, 14',2.1.3 ,.,~ Contractor's Liability Insurance Concealed)or 'unknowJ Conditions - 11.1 64, 8,3.1, 10.3 Contract, Definition of 1.1.2 3.7.1,3.10,5.2,6,1,11.1.3,11.4.6,11.5.1 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.4,9,14 Contract Administration 3.1.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to . . . . I WARNING: Unlicensed photocopying violates U.S', copyright laws and will subject the violator to legal prosecution. I ' , I .. nlll 0::. 0 O. .0 0......"..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 nil I '> 0 c>. .0 0'......''''..0 o a::::o ~ .:=::=:J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF TH E CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Av'enue, N,W, Washington, D,C. 20006-5292 Cutting and Patching 6.2.5, 3,14 Damage to Construction of Owner or Separate Contractors }.14.2, 6.204,9,2.1.5,10.2.1.2,10,2.5,10.6,11.1,11.4, 12.204 Damage to the Work }.14,2, 9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.204 I WARN'NG, u""~"~' ph,....""" .,..." us. """,,, ".. ,,' .m "bi'<"'" .;,.... .. ...' Pro~"N'"t Contractor's Relationship with Separate Contractors and Owner's Forces }.12.5, }.14.2, 4.204, 6, 11.4,7,12.1.2,12.204 Contractor's Relationship with Subcontractors 1.2.2, }.}.2, },18.1, }.18.2, 5,9,6.2,9.6.7,9.10.2, 11.4,1.2,11.4.7,11.4.8 Contractor's Relationship with the Architect 1.1.2,1.6, }.I.}, }.2,1, }.2.2, },2.}, }.}.I, }-4-2, }.5,1, }.7.}, },IO, },11, }.12, }.16, }.18, 4.1.2, 4.1.}, 4.2, 4.}A, 404.1,404.7,5.2,6.2.2,7, 8.}.1, 9.2, 9,}, 904, .5,9.7, 9.8,9.9,10.2.6, IO.}, 11.}, 11.4.7, 12, I}A.2, 1}.5 Contractor's Representations 1.5.2, }.5.1, }.12.6, 6.2.2, 8.2,1, 9.}.}, 9,8.2 Contractor's Responsibility for Those Performing the Work }.p, }.18, 4.2.}, 4.}:8, 5.}.i, 6.1.}, 6,2, 6.}, 9.5.1, 10 Contractor's Review of Contract Documents 1.5.2, },2, }-7-} Contractor's Right to Stop the Work 9,7 Contractor's Right to Terminate the Contract 4.}.1O, 14.1 Contractor's Submittals 3.10,3.11,3.12,4-2.7,5.2,1,5.2.3,7,3,6,9.2,9.3, 9.8.2,9.8.3,9.9.1,9.10,2,9.10.3,11.1.3,11.5.2 Contractor's Su perintendent 3,9, 10.2.6 Contractor's Su pervision and Construction Procedures 1.2.2, 3.}, }A, }.12.10, 4-2.2, 4.2.7, 4.},}, 6,1.}, 6.204, 7.1.}, 7.}A, 7.},6, 8,2, 10, 12, 14 Contractual Liability Insurance 11.1.1.8,11.2, II.} Coordination and Correlation 1.2,1.5,2, },}.I, }.IO, }.12.6, 6.1.}, 6.2.1 Copies Furnished of Drawings and Specifications 1.6,2.2.5, }.11 Copyrights 1.6, }.17 Correction of Work 2.}, 204, }-7-4, 4.2.1, 904.2, 9.8.2, 9.8.}, 9.9.1, 12.1.2, 12.2, 1}-7-1.} Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.}.6 Costs 204, },2.}, }.7A, }.8.2, }.15.2, 4.3,5-4-2,6,1.1, 6,2.}, 7,}.}.}, 7.},6, 7.}.7, 7.},8, 9.10.2, 1O.},2, 10.5, I I.}, 11.4,12.1,12.2,1,12.204, 1}.5, ]4 Damages, Claims for }.2.}, }.18, 4.}.IO, 6,1.1, 8.}.}, 9.5.1, 9.6.7, IO.}.}, 11.1.1,1104,5, ]1.4.7, 14.1.}, 14,204 Damages for Delay 6,1.1, 8.}.}, 9.5.1.6, 9.7, 1O.}.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.} Day, Definition of 8.1.4 Decisions of the Architect 4.2.6,4.2,7, 4.2.Jl, 4.2.12, 4.2,1}, 4,}A, 4-4-], 404.5, 404,6,4.5, 6.}, 7.},6, 7.}.8, 8.1.}, 8.}.1, 9.2, 904, 9.5,1, 9.804,9,9.1, ]},5.2, 14.2.2, 14.204 "\ 1- Decisi,ons to Withhold Certifica,tion ('\ ' 9.4.1,9.5,9.7, ]4.1.1.} I ,\ I Defective or Nonconforming W6rk, Ac"epta~ce, \ : Rejection and Correction of" \ ( \ : 2.}, 204, }.5.1, 4.2.6, 6,2.5,9.5.1,9.5,2,9:6.6,9.8,2" I 9,9.}, 9.1004, 12.2.1, 1}.7.1.}-... \ \ \ \ Defective Work, Definition/bf \\ \ \\ \ I' }.5.1 ' \ \ I Definitions (\ \ \ \ \ 1.1,2.1.1; }.1, }.5.], 3.12.1, ~.12.2, 3.12\3~4.1.1, 4.3\1~5.1, \ \ 6,1.2,7.2.], 7.}.1, 7,}.6, 8.1~ 9.1,9.8.1\ \ \ \ \" \ Delays and Extensions of Ti~e \ \ _ \\ . \ Di'P::';' :i.~.;~~:;;:;fi'{;s,z~:~:\,\~3." J.4.'~\~, .". 4,l.4, 4.}, 404, 4.5, 4.6, \,'}', 7.'}, .8~~\ ~ ',' '" Documents and Samples at..the Site ...... '\ r " 3.11 '\.., ,"-. ./ Drawings, Definition of (-"...~....... ~ (/ \ 1.1.5 \ .......'.~~ \ \ ' 1.1.1, I.}, -.2.5, },ll, 5.} , Effective Date of Insurance '- -__~ 8,2.2, 11.1.2 c-~-- - - -- ~ Emergencies '\_ - - ~ I, ____~ -.... ~, 4.}.5, 10,6, 1~.1.1.2 \ ~,__/-~- \. Employees, Contractor's ' , .-' _-------------- \ \ }.p, }A.}, },8\"3.9d:18,2'r1~'3(4.-i:6,'iO,2, 10/1}' ~ 11,1.1,11.4.7,14.1,14.2.1.1 I ;........ / / Equipment, Labo;"Materials:a~ '~_~/ '/ 1.1.}, 1.1.6, }.~, }.5.1, }.8.2, }.8.},,}.12, }.1}, }.1~1'// 4.2.6, 4.2.7, 5~2.1, 6.2.1, 7.},6, 9.}~2, 9.}.}, 9'5,1.3, I ..... ../ (...... ~ 9.10.2, 10.2.1, IO,2A,11~2 \.._) .......__ , Execution and Progress of t~>-Work~~ 1.1.3, 1.2.1, 1.2.2, 2.2.}, 3:2:5, 3.1, 3,3, 3-4, 3'1' }l:) ~ 3.10, }.12, 3,14, 4-2.2, l2.3, 4.3,3, 6,2.2')1.}, 7'3::h r 8,2,9.5,9.9.1, 10.2, 1O,,3~]~.2, 14.2, 1,9 ..._-. \....) Extensions of Time ---,------ // 7 ).2.3,4.3.1,4.3-4,4.3.7,4-4-5, 5.2.}/, 7..2.], 7.3, 7-4.1, / ~,5.1, 9,7.], 1O.}.2, 10,6.1, 14.}.2 / Failure of Payment i 4.}.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.}, 14'.2:1:2,13;6/ 1------'--- I , i L-__ _ \--- ! /. '---- ~;.- Faulty Work (See Defective or Nonconforming \<\Iork) 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, 11.4.5,12.3.1,13.7,14,2-4,14-4-3 Financial Arrangements, Owner's 2.2.1,13.2.2,14.1.1.5 ,__ __Eir,e ,and,ExtendedCoyerageJ Ilsurance 11.4 I GENERAL PROVISIONS 1 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.I, 4.3.1, 5.1, 6,1.2, 8.1.4 Interpretations, Written 4.2.11, 4.2,12, 4.3,6 Joinder and Consolidation of Claims Required 4.6-4 Judgment on Final Award 4.6.6 _. Governing.Law___.__. 13.1 / _.__.__" .Guarante.es,CSe.e.Warr,anty) -- --Hazardous Materials-I 1\ 10.2-4,10.3,10.5, II\, I , \ rj Idenflfication'of\Contract Documents Labor and Materials, Equipment 11.~.1 I I \ / \ 1.1.3,1.1.6,3.4,3.5.1,3.8.2,3.8,3,3.12,3.13,3.15.1, Identi ficationll Of, SUbcon,tractc,lrs and Suppliers 42,6,4.2.7,5.2.1,6,2.1,7.3.6,9.3.2,9,3,3,9.5.1.3, I I I ' ' I ! 9.10,2,10.2.1,10.2-4,14.2.1.2 15,2,1 I' i I J' Indbmhification! I II , ' 'nLabor Disputes I I" I ' . 8.3.1 3.17, 3.18,,9.10.2,10.3.3,10,5,11.4,1.2,11.4.7 ' , InforJation ~ndl Servieo/~equirei of the oiner, )Laws and Regulations ' \ i 2.11.2,2.2,1.3-2;1, 3,ll4,r3.12,lO, 4.i.7!4,3.3, 613! ,I 1.6,3,2.2,3.6,3.7,3.12,10,3.13,4.1.1,4-4,8,4.6, ~ J L' i 6}4, 6.2.~, 91.3.2/9.6.1, 9,6,4, 19.6., 9,10,3(10:3.3, ) 9,6-4,9.9.1,10.2,2, 11.1, 11.4, 13.1, 13,4, 13.5.1, 13.5.2, ,/-~ ~ l1.t 11.4, b.~,d3l2, 14.1.1.4(II.1.4f " " 13.6,14 . c ,. : I II / / I I Liens ~ "InJury or Damage to Person or Property I n --~ \"4.3:8, 10.2\10,6 / / I ,/ ~) 2.1.2, 4-4-8, 8,2.2,9.3,3,9.10 ) 3,1.3;[3.:3.3, 3;7-1, 4,2.2'~:2,6, 4.2:9,.9.4.2, 9.8:2, " ." ) 4.6.4 / 9.8'3,\9'9:2'1~,IO,I, 12(2,tlj:'s/!~ Limitations, Statutes of I ' \. \ I , '/(\' ,/1 6 6 I InstructlOnsto,'Bldders \ ',' .4.):3,12.2. ,1).7. I L:v 1.1.1 \ ~ I ( ') / ,,~41ll1ltatlOns of Liability , , Instruct,ions to 'the Gontractor / / ~//, ". J 2.3,3.2.1,3.5,1,3-7-3,3,12.8,3,12.10,3,17,3.18,4.2.6, "-vf2.3~3\1'/3.8.1,I4.i.8, 5,2.1, 7,(12,18,2.2;.I}.5,2/ j 4.2.7; 4,2.12,6.2.2,9-4-2,9.6-4,9,6.7,9.10-4,10,3,3, ~v/~ / ~ \ / / \ ~/, / 10.2.5,11.1.2,11.2.1,11.4,7,12.2.5,13-4-2 , Insurance , \ ,/ / / / / . " . 3,18,1,6.1.1, /3-1;' 8.2.1,9.3.2,9,8-4/9.9.1,9.10.2, , LlIl1ItatlOns of Time 9.10.5, II \ ~ ( L--~ 2,1.2,,2.2,2-4, 3.2.1, 3,7.3, 3.10, 3.11, 3.12.5, 3.15,1, I ---- . J 4.2.7,4.3,4-4,4.5,4.6,5.2,5.3,5-4,6.2-4,7.3,7.4, Insurance,B0ger and Machi~j , / 1l..2,9,2,9.3.1, 9,3-3, 9-4,1, 9.5, 9,6, 9,7, 9,8, 9,9, , 11.4.2 J / /..----> ~' /9,10, Il.1b, 11.4.1.5, 11.4.6, 11-4,10, 12.2, 13.5, 13.7, 14 I C t t "L' b'l-:---............. ' / - / nsurance, on rac or s la ,1 Ity '- , '/L, 0 ossss of Use Insurance 11.1, ,- I 1--;--.-1 ( ~----~' ~1~,3'" Insurance, EFfective-Date of'-..; , l 0 Material Suppliers \ ' 8.2,2, l?/~~, ~ ~~~/e" " 1.,Q~2.1, 4.2,4, 4.2,6, 5.2,1, 9.3, 9-4.2, 9,6, 9,10,5 , Insurance/Loss of, Use ~ ' ' Mat~rials, blazardous , \ 11.4'1 ( , \~, ') 0 ' ' .1074(10.3, 10.5 '~ Insuran~e, Ow\ner s llablhty<_____/ ",-----Materials, Labor, Equipment and , --.......... 11 2' '\ 6 6 8 8 .....-- ~.....:.t, ,\ '~ '.~~ 1.1.3, 1.1.~, 1. .1,3-4,3.5,1,3. .2,3. .23,3.12,3,13, n (l nInsufaneeiProJect'ManagementlPro}ectIve Liability' '" 3.15.1,4.-.6,4.2.7,5.2.1,6.2.1,7.3.6,9,3,2,9,3.3, \~ \i \.\ L llb)~) ~ \. \9.5,1.3, 9.10,2,10.2,1,10.2-4,14.2.1.2 , , InsGrfr;ce: Property 0 ~. - ~eans, Methods, Techniques, Sequences and 1(' --------w.'2l,I'1.4 \ <C\---------procedures of Construction I \ S\ d M . I ~ 3.3.1,3.12.10,4.2.2,4,2.7,9-4.2 nsurancei tore atena s I 9.3,2, ~1.4\1.4 \ Mechanic's Lien '" ) '-....:.... .J 4-4-8 ~ INSUR~NC:E AND BONDS _____ ~-------'11 ~--- --~1 . WARNING: Unlicensed photocopying violates U.S: copyright laws and will subject the violator to legal prosecution. I ' " I filii ~ 0 0, ,0 .W~~O ~ @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 1735 New York Avenue, N.W, Washington, D.C. 20006-5292 8111 <:> ' 0 0, .0 O'.~" .'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, NW, 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 1.1.1, 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.n, 4.1.2, 4.2,1, 5.2.3, 7, 8.3.1, 9.7, 10,3.2, 11.4.1 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, 4-4.8,4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2,11.1.3, 11.4.6,12.2.2,12.2-4,13.3,13.5,1,13.5.2,14.1;14.2 Notice, Written 2.3,2-4,3.3.1,3.9,3.12-9,3.12.10,4.3,4-4,8,4.6,5, 5.2.1,8,2.2,9.7,9.10,10.2.2,10.3,11.1.3,11.4.6, 12.2.2, 12.2-4, 13,3, 14 Notice of Testing and Inspections 13,5.1, ]3,5.2 Notice to Proceed 8,2.2 Notices, Permits, Fees and 2.2.2,3.7, 3.]3, 7.3.6-4, 10.2.2 Observations, Contractor's 1.5.2,3.2,3-7-3,4.3-4 Occupancy 2.2.2,9.6.6,9.8,11.4.1.5 Orders, Wri Uen 1.1.1,2,3,3.9,4.3.6,7,8.2,2,11.4.9,12,1,12.2,13.5.2, 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, 11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4 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, n.1.3, n.3.1, 11.4.3, 11.4.10, 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 Owner's Loss of Use Insurance 11.4.3 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 2.4,12,2-4- 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 I o._______ Owner's Right to Stop the Work 2,3 I W^,"NG, U.,,,,,,,,, ,,,",",,,pylog .1,,,.., U>. "",rig'" l.w, 00" w,,, "b,ct U. .1.....'.. ....1 '~K"."[ I Product Data, Definition of 3,12.2 Product Data and Samples, Shop Drawings 3.11,3.12, 4.2.7 Progress and Completion 4.2.2,4.3.3,8.2,9.8,9.9.1,14,1.4 Progress Payments 4.3.3,9.3, .9.6,9.8:5,9: 10..:3,13.6, 14,2.3 Project, Definition of the ! 1.1.4 : ______~Project.ManagementProtectiv:e Liability Insurance ___._ _._ __ .11.3 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 3.11,3.12,4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2,9,3,1 ., Project Manual, DefinitiOl)"of the Schedules, Construction .--. ---- .-. ,p.i'., 1.4.1.2,3.10,3.12,1,3.12.2,4,3-7-2,6,1.3 ..Project. Manuals.. r\\ Separate Contracts and Contractors 2,2.5 , r\ I \ 1.1.4,3.12.5,3.14.2, 4.2,{, 4.2.7, 4.6,{, 6, 8.3.1, 11.4.7, , Project Represelllatives! I \ /1 I 12.1.2,12.2,5 If i 4,;LlO ;: I / \ I Shop Drawings, Definition of , I' " I I 3121 i Proper~y InsI,1rance I '/ . . I !! 10:2.5, 11.4 i I I Shop Drawings, Product Data and Samples I I PROTECITlON dF PERSONS lAND PROPERTY /;r 3,11,3.12,4.2.7 I I 1101 I I )' / / / , \Site, Use of 'I I RegGlations a1nd 'Laws I / / ' I 3.13,6.1.1,6.2.1 ,I i'l I / f / ! I '" . , 1'1.6,3.2,2"3.6,3.7,3.12110,3.13,4.1.1, 4,{.8, 4:6/ :Slte Inspections ,I I I I/, I I J I V'...J i i 9.6,4, 9.9j1' 10.2}, 11.1, 11.4, 13,1, 13'{, 13.5,1, 13.5.2, , 1.2.2,3.2.1, ).3.3, 3.7-1, 4,2, 4.3'{, 9-4-2, 9.10.1, 13,5 '("" \- _-:--l13'f' 14 I T ~ / / ! / Ij , / Site Visits, Architect's , ~ ) \~eJectl?n of \;\01,1( / / I ! '('\ 4.2.2,4.2.9, 4.3'{, 9,{.2, 9.5.1, 9-9.2, 9,10.1,13.5 .,,, --~ '\, 5 1 4 ') 6 12 ') 1 / . S I . I [ , d 'T' . < \ '-'1' '7' I / // pecla nspectlOns an lestll1g J \ Releases}nd yVaivers of Lie?s I / ! 4.2.6,12.2.1,13.5 ) 9.\0.,./ I I / / \ / / / Shecifications, Definition of the \ / Representations / .____., \/ / / /' / 1.1.6 ) / J 1.5.i, .hj, }.12.6, 6,' .2:'2, 8.2';1,9:3,3, 9,{.2,,9.5.1, / S c'f t' ns Th \ \ I I ; I \', / / / pe I Ica 10, e VL 9.8,2,9.10,1 I I '" V/' /' /\, 116 ') 6 ') \."i Ii,. ") ./ /'! 1.1.1,..,1.1.7,1.-.2, 1.),3.11,3.1-.10,,3.17 Representatives I! / .,./' ../ f . , . ....-/\../ '-..' / '-'"\ I I: ./ ../' Statute 0 LllllltatlOns //'.'-.. \... /"" 'v2.y,~, 3;9, ,?1.1; 4,2.1, 4'2'1\~5VI.2' ]3:2.1 / 4.6,3, 12.2.6, 13.7 ,... "-./ R, esolution of Claims and Disputes~' i St ). tl e W k 4.4,4.5,4\6 V/ / O[ ~Illg 1 or , .. " \ ,/, --'" .. -,3.4.3.6,9,7, 10.3, 14.1 RespOllSlblhtYifOll Those Pertorpll~~'~rk~ /)'.' Stored Materials 3.3,2, 3,18,~.2.3, 4.3,8, 5'3,I'JI.~, 6,2, 6.3,9,5,1,10 6.2,1"9.302,10.2.1.2,10.2.4,11.4,1.4 Retainage r! /--~ ~,./-:' ,/ Su'ontractbr, Definition of ' 9.3.1,9.6.2, 9!8.5, 9,9il, 9.IO,~, 9.10:3------/ {. 5 I 1/ I 1 l' --____.... .. Revie~ of C?ntEa~t Doc~ments and Field'}- SUBCONTRACTORS \ CondItIons 9Y ~ontract~~, C"\ 5 \ 1.5.2,3,2, 3.7.3, 3.12.7, 6~1.3 ~'--- ~ . J I........ '\. , >--" ~.,.../ CUbcontractors, \Vork by ReView of Contractor s SubmIttals by'Owner " d A h' I I ..................' ~ . 1.2.2,3>3,2,3.12,1,4.2.3,5,2,3,5.3, 5'{, 9,3.1.2, 9.6.7 \ an rc Itect ......... ,~ " - 7 3.10,1; 3.1'0,2, 3.11, 3.12, 4.2, 5.2, 6,1.3,,9.2'f8;2 __ Subco.9tractual Relations R. If SI \ \) ," "\) --d ~D/ d) -5.3, 5'{, 9.3,1.2, 9.6, 9.10 10.2.1, 11.4,7, 11.4,8, 14.1, ~'evlf;,wJO lOp rawll1gs, 1'0 uct ata an 14 2 3 2 ' Sal)1, P, les by..Coritr<!0:..or -........ C") ~~ .' .1,14. . n n n \' 12\ () .:.........../ \ Subnllttals " ~ ~\ \JR/ l'l.i/iR d' 0 " \1.6,3.10,3,11,3,12,4.2.7,5.2.1,5,2,3,7,3.6,9.2,9.3, Ig ts an ./el!!.: les ". ./ 9.8,9.9.1,9.10,2,9.10.3,11.1.3 7{- --, 1 :1-.-2,,2.3,2,{, 3:5 .1,3.15,2, 4, ,2:6'-4~3;4,-40' 4,6;-5.3,.______ , 5'{, 6.1,\6.3, 7.3,1~{3, 9.5.\, 9.7,10.2.5,10:3,12,2.2, Subrogation, Waivers of 12,2,{h3\4,14 \ \ \ 6,1.1, 1I,{,5, 11.4.7 Royalties, ~at'enJs and Copyrights Substantial Completion '~ 3,17/ ---~,..J ~_/ 4.2-9, 8.1.1, 8.1.3, 8.2.3, 9,{.2, 9.8, 9-9.1, 9,10.3, .R-'I....-::-- d N' cAb' . 9,10.4.2, 12.2, 13,7 u es an otlces Jor I' It ratIOn -- ,. --~'-~---~P':2--'-- ------.-.--, Substantial Completion, Definition of 9.8.1 WARNING: Unlicensed photocopying violates U'Si copyright laws and will subject the violator to legal prosecution. I I 8'" ., 1:7 O. .0 ~. '.... .~ ~O'~'I;::>~ c::=::J @1997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 173S New York Avenue, N.W, Washington, D.C. 20006-5292 nil I '> 0 0, ,0 0'. -.. .'0 o~<:::> c:::::=:J @1997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, NW, 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,).4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 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, 7.1.3,7.3.6,8,2,8,3.1,9-4.2,10,12,14 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, 7-4-1,7.5,1,8.3.9.5.1,9.7.1,10.3.2,10.6.1,14.3,2 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, SA, 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 4,3.2,4,3-4,4.3.8,4-4,4.5,4.6 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 Architect 13-4,2 Waiver of Claims by the Contra2tor \ 4,3.10,9.10,5,11.4-7,13-4.2 \ \ Waiver of Claims by the Ow/d\ \ \ \ 4,3.10,9.9.3,9.10.3,9,10-4,11.4,3,11.4.5,11.'4.7, 12.2,2.1, 13-4.2, 14.2-4 i \ \ \ \\ Waiver of Consequential Damages\\ \ \ 4,3.10, 14.2-4 \ '\ \ \ Waiver of Liens \ \ \ \ \ 9.10.2,9,10-4 ( ,\ \ \ \ \ vVaivers of Subrogation \ '\ "\, \\ \ \ 6.1.1,11-4-5,11,4.7 \' '\,,~ ' \ \~ \ \ l' Warranty \ ~ ''', \, ,---\. \ 3.5,4.2.9,4.3,5.3,9.3.3,9.8-4,9.9,1,9:10:4,12.2.2, ,j '''--.. 13.7.1.3 ~,'--." ') "'\ \, vVeather Delays r-..." ' / \ \. . \ 4.3.7.2 \ \ Work, Definition of........~" ;>) \ ' 1.1.3 ~ \\1 \ Written Consent,~_ --c-__~ '\ 1.6,3.4.2,3,12.8,3.14.2,4.1.2,-4:3-4,4,,6..:1,9.3.2;' , ( ~', ";'-".-1 I 9.8.5, 9-9,1, ~.1O.:-.!9.1O.3, 11:4,1, 13,2,13-4,- I Written InterpiytatiOl;~ '-, \~ 4.2.11,4.2,12\4,3.6 \ . Written Notice '" '''_~__~_' (~. ) , 2.3, 2-4, 3,3.1, 3.9, 3,12.9, 3.1~10, 4,3, 4-4.8, 4,6,5, // ~- 5,2.1,8,2.2,9.7,9.10,_10.2.2, \0.3; 1l~1.3, 11.4.6, //' / " ",-, ""-,.. ....,,- // / \2,2.2,12.2-4,13;3,14 ' ............../ // ,/ , (' "" ,/ / Wntten Orders ",",. ,) /-.., (' / ~ 1.1.1,2.3,3.9, 4,3:6'J..:. 8,2.2,}1.4.9, 12.1, 12.2, 1~~.2, ~y /, " 14.3.1 _'~, ...._J ,----- , ---- ~'~ . ) ( '----_,_'.c 1\ , \ \ \ \ \ \ ! \\\ \\ \ \ \ (-- ) \. ." / / .I I I -- --- -------,--- I I" WARNING: Unlicensed photocopying violates U.S. copyright laws and will subjectth~ violator to legal pr~secutiont_,."". ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A !vlodification .--------is--('I).a 'written'amendm~nt to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Difective or (4) a ~'ritten order for a minor change in the Work issued by the Architect. Unless spe4ifically enumerated in the Agreement, the Contract Documents do not - _'__'_h_ -include other document~ such as bidding requirements (advertisement or invitation to bid, -_._-~------- Instrucricftfs lo-Bidders; sanlple forIlls, the Contractor's bid or portions of Addenda relating to / bidding requirements). U'__ _''''_.___.. ... ('\.. 1.1.2 THE CONTRACT /\ J' \ The Contract Doc~ments fdrm\the Contract for Construction, The Contract represents the entire 'I 1n~ integra\ed a~reemen,~ bei,~,yeenl the harties hereto and supersedes prior negotiations, !, I. I I I . I I . I I Th C b d d d'fi d ,I representatIOns or agreements, elt ler wntten or ora. e ontract may e amen e or mo I Ie I I 'I . I! I / , only by al Modification. The Contract Documents shall not be construed to create a contractual I J"eJdtionsJ{il) :of ,anY;,kinl(l) betJ,ecil th,e Atcl{ilect and Contractor, (2) between the Owner and a I '! I I ' I / / / ' I Sub'contractor or s'ub~Aubcontra~tor) (jJbetwe~n the Owner and Architect or (4) between any I ~er~ons o~ erititi~s btl{er than thlOwn er a, l{d C,o\ltractor. The Architect shall, however, be entitled I I I! I I I I I " \ , to performance and enforcement of obligations under the Contract intended to facilitate I [c I! f' h I I' ! ,Id ,1/ j . ~ ~___,-)er!orma~1Ci ~/t/ Arcl1jtec1s /;utles, I L \.~ : I 1/ / r / ". ; -"\ C.~'\1.3t TH,E WqRK / / / 1/1 r"\ \ -, The 'term: "Work" meaqs the 96nstructi~lland skrvices required by the Contract Documents, i \\ \ whdh;;r;c'Olipleted or l{artially GbmpleteCl".aJ'ld in~ludes all other labor, materials, equipment and I I r. (\/ / . 'd d I I b / /.d db / h/ C . ! f Ifill I C 'bl" h \ I! servlC~S proVI e or to \ proYl e y t ,e 'ontractor to u I ,t le ontractor s 0 Igatlons, T e \ I J ' \ \ Ii, I ,~II / / / I. '. I Work may const,ltute.tfie whole orlI part of the/Project. : I \ \1 I ,/:' \ ~/// , / ~ / 1.1,4 ,,\THE)PROjECr / '~/</l ' ~~/''''J::Ife''Proiect isi tile total \colstructi~~ whi~h the Work !Jerformed under the Contract ~ -./'--... \ i I " \ /' ./ . r ~D6cumel~t\~1~yJbe the whole or a,part and which may include construction by the Owner or by separate c?nya'ctors. // / ._,.......... _;/ ' 1.1.5 TH~ D~AWINGS J (-=-'~~-=-"-;----7 _-v. The Drawings are ~helY:.~pnic and pictm:ial portions of tHe Contract Documents showing the design, lotation andrdime!1Iions-oLth{ Work(ge.nerally;inc!uding plans, elevations, sections" \ details, s9heliLlles/,~n~ diag, ~ram~:-, ------/ ,~,,(.~:./ \ / \--'~~"'" (), 1.1.6 THrSPECIFICATION,S' , '/,~"""~ \ \ ' The Sr1ecific';Jti;;ns are thatportion of th~eoptractDocul~lents consisting of the written require- ! \ mentd fdr mate?ial5>.equipmen0ystems, standards and,{vorkmanship for the Work, andperfor- " I f\] d" ~ / U ~--/ \ ____~nance 0 re ate ser\vlces:-----' , \--/ . --....j \----. /- ~ 0(( n ~)f) ~~E PROJE~~M~Nug C . ",:r\ '. j \j '0 LThe. Pr~J'.~Mal?Ua9 IS a ~olum~ ,a~.1embled - r<:5..-the \'\fork wh,lCh l~lay mclude the bidding 'i ;'" ---reqUIrements, sample forms, CondltlOns'ofthe;Contract and SpeCificatIOns, I / 1.2 \C\RREL~ON A\~D INTENT ~E CONTRACT DOCUMENTS " ( 1,2,1 /Th'€-intent.:bf the 'contract Doc~ments is to include all items necessary for the proper '-'-...,./ '::--.- - ---- ~~ __execution and completion of the Work by the Contractor. The Contract Documents are --...-... .-- '-- --~- --"-"~'-' .......- "1 I I WARNI,NG: Unlicensed photocopying violates U'Si copyright laws and will subject the violator to legal prosecution. I ~'II <:> 0 O. ,0 0"0-- .'0 o Cl:::::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 nil I '" 0 0.. .0, o. -". .0 o'a:::;JS~ c=::::J @1997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF TH E CONTRACT FOR CONSTRUCTION The American Institute of Architects 173S 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, r------- i 1.2.3 Unless otherWise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordanc~ with such recognized meanings, l___~. ~-- \ . 1.3 CAPITALIZATION \____ 1.3,1 Terms capitalized in these General Conditions include those which ar~(J) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, S~bparagraphs I" , and Clauses in the document or (3) the titles of other documents publisheiby the AIl}'ric\m Institute of Architects, : " I \ 1.4 INTERPRETATION \ \ i, ' ! 1.4.1 Tn the interest of brevity the Contract Documents frequently omit rh'o\di{ying wQrds such I as "all" and "any" and articles such as "the" and "an," but the fact that a ciodifie\ or an 'article is I absent from one statement and appears in another is not intended to affe1ct th~iriterpret~ti~>Il of \ ';lh" ,""m,n1. \ \\ \'\\ \\ 1.5 EXECUTION OF CONTRACT DOCUMENTS \ \ \ \ \ '\ 1.5.1 The Contract Docllments shall be signed by the Owner and C::ontractor, If\~it~1er tne \ \ Owner or Contractor or both do not sign all the Contract Documents, the Ardlitect shall identify\ \~ ',., such unsigned Documents upon request. ~\ '~~" \\\' \ ." . \::' \\r-~ 1,5.2 Execution of the Contract by the Contractor is a representation t\h~t the Co~actor h)asr-~: visited the site, become generally familiar with local conditions under ~hi2h~he Wo?k is,toj;>e. performed and correlated personal observations with requirements of th'e C~lt~act Docuinellts. , \ \ ~~~>~) \ 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OlHER INSTRUMENTS \ OF SERVIC~ " . . ~~____~ ~ .' 1,6,1 The Drawmgs, SpeCIficatIOns and other documents, mcludmg those'm-eleQ!'Q~fornl' prepared by the Architect and the Architect's consultantsarcIJ.1S~~ment~\of Service thrmlgh which the Work to be executed by the Contractor is describe~; The'CbJ.1tract0~may retain ~------\ ' rec~rd set. Neith.er the Contractor ~or any Su~con~ractor, S~-.subcont{a~tor ?r-~~Lor---\ \ eqUipment supplIer shall own or claim a copynght m the DrawmgkSpeClfiqtlons and other ) \....:.:.. ?oc.uments prepar.ed by the Archit.ect ,or the Architect's consult~t.: al~~::>h~~s othelW,~/ ~ mdICated the Architect and the ArchItect s consultants shall be deemea tlte-authors oLthemrand/ will retain all common law, statutory and other reserved rig, hts,<in addition t;the copyrigh'ts:AiAI",' ". copies of Instruments of Ser.vice, except the Contractor's reco:d "set~hall be)-et6r?ed'or~:ably / ( accounted for to the ArchItect, on request, upon completIOn of the-Work. The)Drawmgs, /:. Specifications and other documents prepared by the Architect and the Architect'sconsultants"and / ' copies thereof furnished to the Contractor, are for use solely with respect''to this Project.kh~y aie '--...--- I /-' 0 not. to be used .by the Contra~tor or any S~~contract?r, S~b-subc~~ractor ~mate~ial _or equIpment supplIer on other projects or for addItIOns to thIS Project outslde-the,scope ohhe work7 without the specific written consent of the Owner, Architect and the Architect's consG'ltants, The I Contractor, Subcontractors, Sub-subcontractors and material or equipment~uppliers are I authorized to use and reproduce applicable portions of the Drawings, Specificati.9~lS and oth~r C:,., -- ,- ------ documents prepared by the Architect and the Architect's consultants appropriate to and for use in I I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution,l 1-^ ;;...~v-r-:;:;:' ".~ c::'Y,~ 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. ------;;~~~;';:E~~:~R--I ---- ----- -2:,l.l---'f.:heOwner-is-thel person or entity identified as such in the Agreement and is referred to throughout-the-Eontract Documents as if singular in number, The Owner shall designate in writing a representa9v'e who shall have express authority to bind the Owner with respect to ,all -- __n_ "matters requiring-the Owner's approval or authorization, Except as otherwise provided in -Suoparagrapli-4:2:J, the Arcl~tect doe["i1ot have such authority. The term "Owner" means the Owner or the OWI~er's authbrized repfes'eIitative, (.\ ('1 i '\ 1'\ I hi 01 ,i h II f/ 't.' h C I . I' fif d f . f ' 2,1.2 T e wnelil s a urmsu to t e ontractor Wit 1111 I teen ays a ter receipt 0 a wntten I I .' cl r. i I dl I I c h C I" f request, 1I1lOrmatlon necessary jan re evant lOr t e ontractor to eva uate, give notICe 0 or I J I ') ., I I' I. h Sh'. c I, h II' I d f I d enJorce mec lamc s, 1enmg ts, ,uc, I1110rmaflon s a I11C u e a correct statement 0 _ t le recor 'I I I '! I I ! I \ lega, I title,to,the prpperty on/WhiCh the nro,iect is located, usually referred to as the site, and the k Chiner's lnt~rest th1ere-in, ;; 1/' ) I! I: / / - J i i : I / ~ 2.21 INFORMATION AND SERVICES/REOUIRED OF THE OWNER 'I I I I I I I ,I :1 ~~ '::-~--"2.2.1 Tne 0wner shall, at jhe writt<;n n:~ques~of the Contractor, prior to commencement of the ~~O\k and tMr/e~fter, f~r~jsh to Y(~" con~ra, c!oyr~asonable evidence that ~n~ncial arrange.ments :\ have'been\ made to fulfilllhe Owner s obligatIOns under the Contract. Furmshmg of such eVidence I \) shal',-lJe, ~ c6nditio/ pfecede~tlto cOlml'lehcem~nt or continuation of the Work. After such l ) evi~k&/Ih~~ been (ufni,s ,heljthe OWI'/~hail, n6t materially vary such financial arrangements 'h\ . ./ h'/Q // / / / WIt ~o\ prior no;t7-to'\ e oaclJr. //' ~ E\! c . ~ d c /, I d' .nh . d d S b I h' h 2,2,2, xcept Jor ,permIts an lees, mc u' Il)g/t ,ose reqUire un er u paragrap 1 3-7-1, w IC are ~t?espon~ibiliivJof the cobtlacto!:--underthe Cbntract Documents, the Owner shall secure and ~ 'V ~ ~ \ ! '/ 1\ \. ./,/, ,/ d I'd c . r "-./ "'Ray Jor'neces~ary approva s, easer'nents, assessments an c larges require lor construction, use or \ \f I ) /' c I h . ,. f '1" occupancy 0 permanent structures or lor permanent c anges m eXlstll1g aCl ItJes, \ r /L~~ 1 ' 2.2.3 The Owner shall fLrriisl~ibing physical characteristics, legal limitations and utility loea1tidns for thdite.df the Pi-ojeeC arfcl a legaraes~~;ption of the site. The Contractor shall be entitled t6 rely Ion-ifieaceuracy_oL-informati~n furnished by the Owner but shall exercise I I , / /1 . ----1-- c - elf h/ \AT k Proper precautIOns re atll1g to t le sale'peflormance 0 tenor , / <---=- ~ ) '--.~/ \ 2.2,4' rnfor~~;tio~'SdviC~ reguired k~he-ewn~r by the Contract Documents shall be furnisl/eibitl~'O, wner ~ilh,n~aS(;'nable pr&;'lptness. A?'ly'other information or services relevant ) to the!Cdntraetor~performan~of the\Work under the 00ner's control shall be furnished by the O / f\ '\.f '-, h e/ f I ;:-"""f ",-:/ c h' c. , wner a ter reeelpt\rom-t, e. -ontraetor 0 a WrItten request Jor sue 1I110rmatlOn or services. \..----/~.......-J \ " \', . n n n fl12!s) [i?nl~therwise PI-(;~ed~~t.~ocuments, the Cont,ractor will be furnished, \'> \~ \~ Lde~/o'f./charge, suCli'copieiof Drawings and Project Manuals as are reasonably necessary for 7l~---execut\iOrfth\{yO'k\-~ ~-~ . / 2,3 OWNER'S RIGHT TO STOP THE W0RK ~ 2,3,l...._./1f\hd:20nt~aetor fails~ co:r:c~)vork which is not in a~cordance,with the requiremen.ts ~oftfie Contract Documents as rel1U1rea by Paragraph 12,2 or persistently fails to carry out Work 111 ----------- -----1 . WARNING: Unlicensed photocopying violates U'Si copyright laws and will subject the violator to legal prosecution. I I '8'11 '" 0 o. ,0 0.,.......0 o~~ c:::::::J @1997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTR UCT/ON The American Institute of Architects 1735 New York Avenue, N,W, Washington, D.C. 20006-5292 nil 1 '<> 0 0, ,0 Oo.ce:::o'CO 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 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 the -'-- Contract Documents and fails within a seven-day period after receipt of written notice from thJ 1 Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second writtenL._.~.- 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 Own~r may have, correct such deficiencies, In such case an appropriate Change Order shall be i~u~d deduFting from payments then or thereafter due the Contractor the reasonable <;:ost ~f cor~ecting' sU\h deficiencies, including Owner's expenses and compensation for the Architect's additional s~rvic~s made necessary by such default, neglect or failure. Such action by the Ov"ner a~~ atl1ount\ charged to the Contractor are both subject to prior approval of the Architect. lfipaymehts then or\ n' \ \ \ thereafter due the Contractor are not sufficient to cover such amounts, th,e 6:\oOtractor\sh~ll pay \ the difference to the Owner, ( \ \ \ \ \ \ \'\\ \\\\ \\:\ , \ \ \ \\ 3.1 GENERAL \ \ \ \ \ ,\ 3.1.1 The Contractor is the person or entity identified as such in the Ag~e~~1ent and\is,referrep\ \ to throughout the Contract Documents as if singular in number. The <err'n\"C;ontractol\means\ \ the Contractor or the Contractor's authorized representative. \ ~ ~ \~ \\ \~ __ \ '.~~ \\ r-'\ , 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents)\. r~--... \ 3,1.3 The Contractor shall not be relieved of obligations to perform tl1:.work i~~anc/ \ \ with the Contract Documents either by activities or duties of the Arc~ite~t'i~the Arch'it~<;:t's \ \ administration of the Contract, or by tests, inspections or approvals req'uired o'?p~formeU;by \\\ persons other than the Contractor. '\"" ,,''::...~~ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR..- "-- 'i 3,2.1 Since the Contract Documents are complementary, bfforestarting\Zch portion of the_._ Work, the Contra.ctor shall carefu.lly study and compare the vari\~us. Dra0ip~s and,~t~:e~ ~Iltr~c~ . \'. Documents relative to that portIOn of the Work, as well as tile, mformatlOn furn~ne.d.by-tl1e \ \ Owner pursuant to Subparagraph 2.2.3, shall take field measurements of an)::exi~{ing conditions // '_..c, related to that portion of the Work and shall observe any conditions~e site)ffecting it. Th~se/ //~~. obligations are for the purpose of facilitating construction by the-Contr;ctor,and arellOt Jorthe/ purpose of discovering errors, omissions, or inconsistencie~\ ill the Contr9ct Docun1~ts; however, any errors, inconsistencies or omissions discovered by tf1e...Contractor:~haffj)e reported .....~.. . . ' .-" \.. I ,_ promptly to the Architect as a request for information in such form as the' Arc:pite.<::1.!?ay require. /" , / '... ,. 3.2.2 Any design errors or omissions noted by the Contractor dyrlng this revievy~ sh;IL~e-'~-- reported promptly to the Architect, but it is recognized that the Contratto(s review is-made in the Contractor's capacity as a contractor and not as a licensed design profes~fonal--J'rJe~s-6{h~-l'\~se-! specifically provided in the Contract Documents. The Contractor is not required toJscei-tain that) the Contract Documents are in accordance with applicable laws, statutes, ordinances, building J / codes, and rules and regulations, but any nonconformity discovered by or madekn9wn.to'fhe Contractor shall be reported promptly to the Architect. I ARTICLE 3 CONTRACTOR I ( .- , WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution,! I I 3.2,3 I f the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4,3.6 and 4,3-7- If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3,2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations, The Contractor _shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or -------omissions-in-,the--contract Documents or for differences between field measurements or conditions and the Cdntract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. ------j~3-- SUPERVISfoffAND CONSTRUCTION PROCEDURES 3.3.1 The Contract& shall supervise and direct the Work, using the Contractor's best skill and - ----aileli{ioll~ The-Contractor shall be solely responsible for and have control over construction --------~ ( "- means, methods, rechniques"sequences and procedures and for coordinating all portions of the "' Work under the Contract! uhless t~e Cbntract Documents give other specific instructions (1 r 1 ',( \ ! / \ / \ ..., . i I concernmg these matters, If the Contract Documents give speCIfic lI1structlOns concernll1g I I I I I I I \ /., I construction means, metl,lOds, techniques, sequences or procedures, the Contractor shall evaluate 1\' I I I I I / I I thel' jobsite safety thereof/and, except as sta,ted below, shall be fully and solely responsible for the \ I I \ I /, I r i jobsite safety of such means, methods; technigues, sequences or procedures. If the Contractor ,\ I' I I II 1/\ l 9,. eterm, ines t,,'lhat, sUyh means, methods, techniques, sequences or procedures may not be safe, the 'II ~Ol~tract<~r shall gi~e/imely w,fiden no\if7~0 th~ Owner and Architect and shall not proceed with that podio~ of/th' Work ~vithout;furtherJritten instructions from the Architect. If the J Cl I I.: h/ ! 6:; , dl . h I I . d' h' d h' ,~ ' ontractor IS t en/ll1structeu to procee, WIt t le reqUIre means, met 0 s, tec I1Iques, sequences ~~I [ J \!..I / / ' ;;f/h' - 0 I h II b ' or proced,ur~s "')Ithout a~ceptance 0 'c anges proposed by the Contractor, t le Owner s a e ~ ~] :] I 1/ '0'] Ii I 1 I' /]1 d - - ~ ~ s~e.~esrn/ e orljresu ig oss o/Iag]. . . \ . ,.,1\ l;H, Cont"ctd'I"lI;b,Zpon"bl' to tH, Own" fo' ,," ,nd om,,",on, of tb, Con. ) \ 1 ,/ / II Is Ib I I /'dl/ , I did h . . . ) trac,tor s emp oyees, u _ contrlctors}n/'t leU" a,g)nts an emp oyees, an ot er persons or entItIes I ' perforil1i~llpo, rt,i6nsi;fth~(Wor/7k'for or on behalf of the Contractor or any of its Subcontractors, , / \ \1: ! I '~'/, ,/'(1 . " . / 3.3,3 \Th.9 COl}trflctor shall!b7resp~~lb!>-forll1lP~~tJOn of po:tlOns of Work already performed ~ V~to--clete1-mll1,e that/such portIOns are'lI1 proper condItion to receIve subsequent Work. - '-v-'~ '-" \ /, \ 'v/ / / \vJ f/ ,j 3.4 LABOR/AND MATERIALS ~ 3.4,1 Un'les~ otherwise &00ded-inthe_Cont.ract Documents, the Contractor shall provide and c I 11 I . I I r.-- I' ) . . d h' h pay lor ayor, matena s, ~qLllpment, too s, constructIon_eq!;Jlpment an mac mery, water, eat, utilities, tiarisportation:::~~ other facilitib and~vice/:hecessary for proper execution and ] ,I If h ,I.'-k I'-li-- /' I d h h . d COI~lp etl~n? t .e/v?r ;-w let~~~porary or permanent an w et er or not II1corporate or to be lIlcorRorated-lI1 the Work, " ) ~ \ '11 hI:.-.. "\C'~~~ k /b '.0 --I '1 I f I 0 f ' 3,4.2 , e, ontractor maY"-lg e...-su stItutlons ~on y~lt 1 t le consent 0 t le wner, a ter \ evalua/ioh by\.tl~t>Architectind in accordafu;e with a Change Order, \ I \ ,~~ '- ~,/ \ ~_,___3.4.3/ The Contra"~or shall-dorcWtrict discipiine and good order among the Contractor's ,\/- .;;n'6-torees \Ild other') persons carryingou1.....the Contract. The Contractor shall not permit ~CC1 (I ;,[,11 ---f-"fij ('\ ( ki]~]d' k . d h \ iem,p o)'ment 0 un It persons 6r persons not-s, e 111 tas s asslgne to t em. "-~ LJ [/(/ /,,-, n '-/ \."" ,"",) . 7 ,------3:5--\ ~ARRANTYj \---~ --"~ / '3.5.1 \'l~he COrltractor\ warrants to the Owner and Architect that materials and equipment I furnished\ under \he Coh~ract will be\;>f good quality and new unless otherwise required or ~__ perl~}it{ed oy-the_dmtract DO~~len_~~Jnat the Work will be free from defects not inherent in the' ----"-,--quality required or permitted, andlliat the Work will conform to the requirements of the Contract --.-.------'-".----------- --"'---_., , 0 I , ,I WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the ,violator to,legal prosecution. I I I H'li ~ 0 0, .0 o. ...... .~ o'a::::JS~~ ~ @1997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Inslitute of Architects 1735 New York Avenue, N,W. Washington, D.C. 20006-5292 11111 ~' 0 o. .0 0'."'" .'0 o~c ~ @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, NW, 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 1---- 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by, the Contractor which are legally enacted when bids 'are received or negotiations concluded! whether or not yet effective or merely scheduled to go into effect. L_ "'-..-----.-- \ \ \_--- 3.7 PERMITS, FEES AND NOTICES 3.7.1 Unless othenvise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licensesland inspections necessary for proper execution and completion of the Work which are custom'rily ~ecurel after , \ I \ execution of the'Contract and which are legally required when bids are received or negotiations \ concluded. ' " \ \ '. i \ 3.7.2 The Contractor shall comply with and give notices required by la(V's, ~rdinan~es\ rules, \ regulations and lawful orders of public authorities applicable to performahce 'ort\ Wo~k\ \\ \ I ' 1 C ' 'b'l' . I h C I D\ \ \ \. \ \ 3,7,3 t IS not t 1e ontractor s responsl IIty to ascertam t 1at t e ont'fact OCUlnents are\m \ accordance with applicable laws, statutes, ordinances, building codes, and\rules a~fr~gula{i~n~. \ \ However, if the Contractor observes that portions of the Contract Documents are\at variance \ therewith, the Contractor shall promptly notify the Architect and rOw~er in writi~g, a~'q \ \, necessary changes shall be accomplished by appropriate Modification. \ ~~, \ \ \ \ 3.7.4 If the Contractor performs Work knowing it to be contrary to la\rs, st~~<zrdi~~esr-\\ building codes, and rules and regulations with?~t, such notice to the Ar2h~ect an'a~w~er, ~ /~ --\ \ Contractor shall assume appropnate responsIbIlity for such Work ard~, sh_-;;;all bear the'-cosJs; \ \ attributable to correction. \' "'~~ ""\\ \ , "" '. \\ 3,8 ALLOWANCES .' . \~! \ 3.8.1 The Contractor shallmclude m the Contract Sum all allowances stated 1I1 the Contract ---- - " '\ Documents. Items covered by allowances shall be supplied for such amounts-and.by_~~cE-=person,s or entities as the Owner may direct, but the Contractor shall not.b~equir~d to employ pe-rs?nl~ or entities to whom the Contractor has reasonable objection, \ "~ ~\ ~-=:=:~-=::~'\, 3.8,2 Unless othenvise provided in the Contract Documents: ~_.-J (---'~ \ ~ .1 allowances shall cover the cost to the Contractor of materials and (e'qDipment delivered//--:: at the site and all required taxes, less applicable trade ~scoUirtS>~ "-..'-..........~//,. .2 Contractor's costs for unloading and handling at the site, labor, 'installation <:oSts, // '\ > ,,/, ' ove.rhead, pr.ofit and other expenses cont~mplated for stated all,o~nceanlOun~~ shall ;/ be mcluded 1I1 the Contract Sum but not 1I1 the allowanc~--- "-.) '. ---- .3 whenever costs are more than or less than allowances, the CorifiactSum shalL.be adjusted accordingly by Change Order. The amount of the ClG.nge Order sh.rll r~fleit "-.-- / ,;; ",,/ C--"" (I) the difference between actual costs and the allowances~nder Clause },8.2,} and ) (2) changes in Contractor's costs under Clause },8.2,2. ' -------/ /~--'----'" ./ / / / 3.8.3 Materials and equipment under an allowance shall be selected by the Own{r in sufficien/ ! ' time to avoid delay in the Work, . L_......__.// '-- I i WARNING: Unlicensed photocopying violates U,S. copyright laws and will subject the violator to legal prosecution.' , I 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 Contract<?r. Important communications shall be confirmed in writing, Other communications shall be similarly'confirmed on written request in each case, ---~---- ~'~3,10--c;ONTRAE'TOR'S'EqNSTRUCTlON SCHEDU,LES 3,10,1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architeqt's information a Contractor's construction schedule for the Work. The ----,. - schedule shall not-exceed time limits current under the Contract Documents, shall be revised at '-appfopriate~intervals af required by the conditions of the Work and Project, shall be related to the entire Project to the ~itent required by the Contract Documents, and shall provide for expeditious ----~--- ---- arid" practicaL1Je exe-cution of the Work. -"- -----.- /-'". 3,10.2 The, Contractor shal(;tepare ~ld ~ep current, for the Architect's approval, a schedule of [u8mitta(s ~hich 'is coon~inat~p wdh, the) Contractor's construction schedule and allows the Ardhitect\reJsonabie time/to review dubmittals, l J 'I' I I ' ( i I . ' i '/ ( I ! I / If, 3.1q.3 T/;1e ~ontractor/shall p,erfonn the Work in general accordance with the most recent sch~duled submitted tdthe Owne/ and AlcI/ite2t. I Ii' " /! II ) i : i /! /, ' ,; 3.111 D9c~ME~~~ND SA/M'~ES ~~f~E SIT~ I . /'.- - I ~.1l.:l Tl?e ~O~tI}ctor sha}l mall1ta)n yt the sIte for the Owner one record copy of the DrawlI1gs, /~~ '-SpebficatiOlls! Addenda"CJ!ange 0rdel,'s and0ther Modifications, in good order and marked '\ ~-"- I : I! ! / / I I /' '----- L~~ 'curr~ntly to resord field/changes anc! selections m~de during construction, and one record copy of --<'\," ~ a~Rr6ved \Shop DrawiJi!;s( Proddc/Data,oSahlples and similar required submittals, These shall be \ '\'\,. /; // /j; ,I avapa'I~~}o }hfeh Ar ~1~~t7kct anic)-Shall b~e ~elivered to/the Architect for submittal to the Owner upon \ )) comp letl~lI1,{o t, e ,V\, or ..., / ' '/ IV \\)! /;,-\\. / ' I i / 3.12 \ \~dp DR~~INGS,\~~'ODUCT/DATA AND S.A~PLES , / 3.12.1 \Sho'p DrmJings are d~awiJigs) diagra;;l(schedules and other data specially prepared for the t--~~\'//~&f 'by .the Cdntractor \brz a J..ub{9rifuctor/ Sub-subcontractor, manufacturer, supplier or ,-------~./~distri6utor\0 illustrate somE\pbrtiOIlofthe W6rk, \ V/ /' / , 3.12.2 Prdd~t Data are(ill~tio~~..:jtal1dflrd schedules, performance charts, ilistructions, brochures,!dikgrams and 9ttler infonmtion..fuh1ished Qy--111e Contractor to illustrate materials or ,'i! /-:1 j /~---, eqwpmen,t f?r some'po!::~~..of the W~rk., /' )1 ) I ! ~-'- I ' " I '-~.,.. '-'-' , Sill / ~I . I ------I I . I '11 '. I'. k h' d 3,12.3 ,~mp.. e..sare l~yslca examp es'w 1JC 11 l.!~tratSl11atena s, equipment or wor mans lp an \ establislilslandards'Q(wl\~ch the Workfilt"judged. \ / 0.~ '--~ "-~...~/ /~-~ \ 3.12.4 ISlfop"nrawings, Pfod.!!..ct Data,/Samples and similar submittals are not Contract } \. Docu/ne~ts. TI~\~rpose of the~r subminaJ)s:to dem9ns~'ate for those portions of the Work for \ ....---.. which Subp1ittals 'are "required"by (he)Contract-Bo6;';nents the way by which the Contractor \.....~ "proposes to\::~nforn~t? the)l}forn').ation:givencand the design concept expressed in the Contract QC\( \ fD~~~nQnts, lfeview~by tQe ).rti~itect is subj'ict to the limitations of Subparagraph 4,2-7- II c / J J. I D/"'-' I .. h" I h "Ar h' \, d k " ~ L. nLOrmatIOna su mltta s uponw Ie 1 t e cIted IS not expecte to ta e responsIve actIon may / / "-"-be-s0\id~~tifie'd\ i;1-tJ/e ,C~ntract-Doc~lhents:-S~on;'ittals~hich are not required by the Contract ( / Docum~nts ma)\be ret4rned by the 'Architect without action. .I \\.\ \ \ (--........ 3,12.5/The-Cont[actor shalLreview foJ_ompliance with the Contract Documents, approve and ............__~.suor;:;-it to the Architect Shop Drawings, Product Data, Samples and similar submittals required by ~-~------ - --l WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I I 11111 <:> 0 o. - .0 Oo'~'~O c:::=:::J @1997 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 11111 <ll. ,0 O. ,0 O',~'. ,'0 ~ @1997' AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, NW. 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 checke and coordinated the information contained within such submittals with the requirements of th 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. ;{'\ . . . !~ A 3.12,8 The Work shall be III accordance with approved submittals except that tl)eE:o~tract9~,sha,1l not be relieved of responsibility for deviations from requirements of the ContractDo,cumei1ts~y the Architect's approval of Shop Drawings, Product Data, Samples or similar submitt(ll~ unlesstQ~ \_ , .' ,.C'. ,_ . .", . ,.-; ." ~ c. ' Contr.actor has specifically. informed,.the Ar~hitect in writing of such .devi,ati??a~~th\e til11~ ?(~ subl11lttal and (I) the Architect has given wntten approval to the specJfis:cle,Vl'Ulo~,as a \p11ll0r,'\ change in the Work, or (2) a Change Order or Construction Change Di ., \e hq,~ ' n i~s.1:!~d ' authorizing the deviation. The Contractor shall not be relieved of resp,~1 ilit\ .{o\,j omissions in Shop Drawings, Product Data, Samples or similar submitt ~ t '0' \ approval thereof. - \ \ 3,12.9 The Contractor shall direct specific attention, in writing 0 Drawings, product Data, Samples or similar submittals, to revisions othe the Architect on previous submittals. In the absence of such writte approval of a resubmission shall not apply to such revisions. I WARNING: Unlicensed photocopying violates u.s. copyright laws and will subject the violator to legal prosecution. 3,13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete ---'-~--the-Workorto-make-its-P,arts fit together prop'erly. I 3.14,2 The Contractor stllnot damage or endanger a portion of the Work or fully or partially - --- - -completed- construction-6f the Owner or separate contractors by cutting, patching or otherwise ---- ---alterihg-SITch-cbn'stnlc~ibn, or by excavation. The Contractor shall not cut or otherwise alter such construction by the O\vner or a separate contractor except with written consent of the Owner and - - -.of stich--seTJarate contractor; such con~ent shall not be unreasonably withheld. The Contractor __ __u____ ( '\ shall not unreasonably withhold from the Owner or a separate contractor the Contractor's , '\ I /. \ I ,I h\ '^, k ,1""--1 consent to_cuttmg or ot lerWlse a termg t e vvor . r I r i 'II i : / \ I ') I: ~,15: CIlEA~ING UP / \ '" . I 3.15.1 The Contractor shall keep theprenilses and surroundlllg area free from accumulatIOn of I I! I . I / , wa~te materials or rubbi~h caus~d by operatiollS under the Contract. At completion of the Work, theiConttador shall rel~lOve frohl/and abdu(th~\Project waste materials, rubbish, the Contractor's I 11 I!.) /. I I l' r d I . I ' too s, cOl1str1-lctlOn eqUlpmen~, mac nner); an surp us matena s, I! I I / /' / J 1- ! /-=..--' ,,~,15;2 IOh9 C?~l;ractor fajl~1o c1e~/~IS as proYided in the Contract Documents, the Owner may ( ~,\~-""'do ~o and, th,e,c~st thereof s}lall be/charged to:~he Contractor. -~ l~ "'" ( I v' / / / 1/- 1 r\ -\ \ ~- i',6 '~A~CE~S TO WO,RK/ , I' ' /// i ' ) ) 3.1~)\Y,le ~ontra,ctbyshalllf9{,ide tl)etOwner apd Architect access to the \'\lork in 'preparation ) and, p\ogress wherever located! // / / 11/ \ \ I! /r-\V/ ///~/ I 3.17 \ROYALTlES,IPATENTSAND COPYRIGHTS~ V 3.17,1 Thd Contr~ctor shahpay~1 royalti~-and license fees. The Contractor shall defend suits or "\/'0. -'" I I' II ;,r'/ , r.------ /' -....,~:Jainls'for Infri.ngement of ,copyrights anCl patef,lt rights and shall hold the Owner and Architect -,~ ''- /' /~ \ I / \ \./ h . , . - '\../ "--harmlessJrol}/19ss on accoUl}t tn~reof, but shall not be responSible for such defense or loss when , I' \, " , /' d f /. Ice . 'd a partlcu ar ueslgn, processpr pro uct 0 3.-partlcu ar mal1lllacturer or manulacturerSlS requIre by the C~ntbct Docul1le'nt?or'-w~"-e the~copyright violations are contained in Drawings, Specificatii)J1~ or other doElill1eIlts preparea by the Owner or Architect. However, if the Contractoi hhs reason-tQ:,believe that there~uired"Qe~rocess or product is an infringement of a copYri~ht o~.j ar-p~enI;-the-Contfu"ctor shall' _be re~ponsible for such loss unless such . c .1 f, I! I fu ~h:1- h' A 1.1 '/ 1Il10rInat)0111J_prompt y rms ell to't 'e, rc 1l~~t. ~_ \ 3.18 "~9'E~~~FI~~'r~~~~~~ 9--~", \ 3.18.1 /Td the~ullest extent.....rermittedby law. and to the extent claims, damages, losses or . ",pen,,,(,,e not,~civered by p'61ec' M'nlg~m'rirPmts";~e U,bH;ty in,"mnce pmch,,,d by the Conttactor in acco'rd~lce'with~Parakrabh llJ;-theContractor shall indemnify and hold harmless ~'-., ine-6wner~~litect>A) rchite_ct's c9nsultants;-aJl~ agents and employees of any of them from and Ij n G' r\ (:\ "I' d- I (' \ <d ' I d' b I" d ' c . . ~' ( Lagamst d aIIllS, a,inages, osses) an expenses; mc u mg ut not lI111te to attorneys lees, ansmg \ \ \ / '.). I J /"' "'-./ \ ,\ '0 out of/or resulting fi;01ll performance of the WO!:!<" provided that such claim, damage, loss or 7/---expense:i~i~u\able ~o-bodily-injurY;--sickness:-disease or death, or to injury to or destruction of tangiBle\proper(y,(othehhall the W~rk itself), but only to the extent caused by the negligent acts or omi'sslons of the Con\.ractor, a Subc'6ntractor, anyone directly or indirectly employed by them \ or any.Jne\.fOl:..whQ~ acts tR-eX,!.llay be ~ble, regardless of whether or not such claim, damage, loss ~,____or"e;;.pense is caused in part 6Y a party indemnified hereunder. Such obligation shall not be ---'--~--------I I WARNING: Unlicensed photocopying violates U,S, copyright laws and will subject the violator to legal prosecution, I I A ~Ug 0.........0 o~~ c::::::J @1997 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 B Oo'cC:h'~O c:::::=J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION I The American Institute of Architects 173S New York Avenue, N,W. Washington, D,C. 20006-5292 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 ll8 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the 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. l I L______ ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4,1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred totthtoughout the Contract Documents as if singular in number, The term "Architect" means th~ Architect &lhe , \ / \ Architect's authorized representative. . I. \ \---- \\c_:. 1--- t I 4.1.2 Duties, responsibilities and limitations of authority of the Architect hs set f6rth in th~\ I Contract Documents shall not be restricted, modified or extended without ,\vritfen con~ent of the \ I . \ \ \ \ ' Owner, Contractor and Architect. Consent shall not be unreasonably withfheld\ \\ \ \ \ l I' , \ \ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a \ew Archit,ect \ \ against whom the Contractor has no reasonable objection and whose status und~~ the Corltract \ "-, Documents shall be that of the former Architect. " \ \ \ \~\ \ \ ~ \\ \ \ [\,\ .\ . \ 4,2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT \" \ \ \ \ ' 4.2.1 The Architect will provide administration of the Contract as described\n the Co'ritract \ \ ?ocuments, and .will be an Ow?er's representative (1) ~uring c?nstruc~ioA~\ (2) uriti09~1 p~~I~e,p},~\ \". IS due and (3) WIth the Owner s concurrence, from time to tune dunng the one-yeaz penod\forr'---.\ '. correction of Work described in Paragraph 12,2. The Architect will have al,lthor~y to actcoirb.eh~lf \ "', of the Owner only to the extent provided in the Contract Documents, urile~'otherwise ri1-o~hfied \ in writing in accordance with other provisions of the Contract. \ ~J) \ 4.2.2 The Architect, as a representative of the Owner, will visit the site at 'intervals :;p;ophate \-, to the stage of the Contractor's operations (I) to become generally familiar fwitQ~~!ld.to-keep. tfi~ Owner informed about the progress and quality of the portion of the Work con;PleteJ-;-(:i) t9 endeavor to guard the Owner against defects and deficiencies iI1th;W6r~? and'(3) to determinJ-il1:-~ general if the Work is being performed in a manner indic\ting that\the Wor~,_when-~Y:-\ \ complet~d, will be in accordan~e with the ~ontract Do.cu~ents~~~~~;Jhe ^fchitectW~1l not /\ \. be re~Ulred to make ex~austlVe ~r cont~nuou: on-sIte lI1spectlOns to c~e(;]<~e quahty ~/ /--~ quantIty of the Work, I he ArchItect WIll neIther have contr~L~over~or 'charge"'Q.f, n9r/15~/ , responsible for, the construction means, methods, techniques, s~,cluerices or p';ocedures, -;;r'f5!r~the J./ safety precautions and programs in connection with the Work, since thes~ are')solely the / // Contractor's rights and responsibilities under the Contract Doc~ents,-ex~p~ &s_pro~ioed-in-/ /,:"" Subparagraph 3.3.1. /,/ - -', '''-.,. .r-"" / ';' , /} ( ') '.---------- 4.2.3 The Architect will not be responsible for the Contractor's failu(e to perform th~ Wo~R1n accordance with the requirements of the Contract Documents. The'-Architecv0i'1l/nOl--'haVe7 control over or charge of and will not be responsible for acts or omissions of th~/Contractor, Subcontractors, or their agents or employees, or any other persons or entities perforfuing portions of the Work, L _/ (, J .7 J ! l. L I r-------:;-' I i WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution~ 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, -------,-,-.- -I 4,2.5 ,Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review an~ certify the amounts due the Contractor and will issue Certificates for --'-- '-Payment in-such 'amounfs, --~----- ---'- -.-- I I 4.2.6 The Architecvwill have authority to reject Work that does not conform to the Contract -.--- ----c-I5ocun;eiits:WI1'en:ver the Architect considers it necessary or advisable, the Architect will have .-- ,--, - -"....- -.-. .- -----. -", I \. authorityto requirf inspecti9n or testing of the Work in accordance with Subparagraphs 13,5.2 and 13,5,,3, whether or Ino1 SUC~I \krork is !fabrltated, installed or completed, However, neither this auqlOrit~ ofl1he ~chitect /lOr a\decision m\ade in good faith either to exercise or not to exercise ~uch authority shall give! rise to a Iduty o~ responsibility of the Architect to the Contractor, SI J I: I, I! d I. I I I' h' I h ,u~contrfctors, matena Ian eql'llpment supp leI'S, t ell' agents or emp oyees, or ot er persons or I ., 'cl " !, f j h 1\,1. k / 1\ e, ntl, lIes perlormmg pO,rtlOns 0 It e ',,01',//'\ ' !: I: I / / / ;\ , -rll 'A h'.' I '11 ' / d' \ k I " h 4.2.'7 le I rc Itect WI review an approve or ta e ot leI' appropnate actIOn upon t e ' II" II 11/; I I \, Contractor'sl subl'nittaIs sucK as Shop Grawing's, Product Data and Samples, but only for the I J, I" - l d I I / f! h k' / Ic Ie / ' I, I 'C ' , dId' V/_~ \___ limIte p~r~o~e 9 c ec II1IV lor c~n~p.:~lanCet:lt 1 ,mJOr.l11atI~n given an ~ le eSlgn concept ;/ ~ _"expressed! 1111 !n<yContraclDOcul11~nts, I he A~chltect s action will be taken With such reasonable "....... ) C,, I I I; , / / d I ;, / h \AT k -.' I ' , , f hOC ....., "Rfomptness 'as;to cause no e ay 111 t e -vor forI 111 t le actiVItIes 0 t e wner, ontractor or r'\\\ --.~ s~)aiate ~on~/actors, ~hile allowi~g suffici~n'( til11e in the Architect's professional judgment to J1 \ I pe\~K>pe~~ate r7y'~e\.y, Rj,v'1(v of)~h/ subl~1itlals ~s not con~ucted, for the pur~~se of , i ) determll1l11g the accuracy\an~completeness of other details such as dImenSIOns and quantitIes, or \ 1/ I for\ubs~~r{tiatin', insfruai,ons fofiJlsia llation.,br pei-formance of equipment or systel.ns, all of '/1 I ' h \ I J, II; , '0"'1' / f' h' C,./ . d b I C D -rh : w llC' replfll1 tle ,responSI ; Ity 9 't e. ontract9r as reqUIre y t le ontract ocuments. e , h'\ \" ,I If h C ' /, 5' /':""-;1 I II I' h C f I bl' , y Arc Itecf's review 0 t e ontractor s su mltta s s la not re leve t e ontractor 0 t le 0 IgatJOns /. /, /"'- /.' \ It' I / /" /' ' I ' , -~'\. \'v" 'unger!aragraphl3.3, 3,5 and{3.12/,Tl1e/Archited's review shall not constitute approval of safety ;~- ,,/~, ,,\ I I] I \ ,\/ /fi II ' / db I A h' f ' ' . precaulIops\or, un ess ot ler")lse speCl Ka y state y t le rc Itect,o any construction means, methods,ltecllniques, sequencetor procedti!es, The Architect's approval of a specific item shall . d' \ I If/' / o'I--f-} , hi' , not 111 lCate approva 0 an assenl Y...9 _w lJC : t le Item IS a component. Ij i i ----- / 4.2,8 Thb Architect\\~fl.'piepare Change}~frders~,and Co~struction Change Directives, and may authorize/ill{nor ch~nges-i~~i]ie Work-as'provide8.inParagraph 7.4- / L-j ( ~-- -....... L_ ",/ '\ 4,2.9 ];he <Architect 'Will. conduct insp{ciIO'ns to determine the date or dates of Substantial '\, '..... ./ "-/ \ Compl~lio''n,and the date-...bf-...fi-...~Leol11plet~on;WiU-receive and forward to the Owner, for the , \ Owner's levi~w 1rl.,d recordS:'written war~anties and reJa~ documents required by the Contract ( \ 'and atse{nbledBy\the C,o, ntract~and-wilhssuea ',fi,' nal Q{rtificate for Payment upon compliance ,/ \ , ,," / \ I '___' ...-/ /"-...... wlth'the requirements bhhe-Contract/Documents, ' \. ------- ..:J \ ,'" ,--:- ----:- , ' , (' /'\ Ii (' (, ('-' "--- .) 1'\ / ~ 'I, l \ (\ 1 /412;10 If the Owner and,~}:chitect agree, the A\rchitect will provide one or more project '-0"'\ ,\ I', I) I /, /--., " , \. h "A I" 'b'l' , h' TI d . ') v c representatives to aS~lst III carrYlllg'ou~ te rc lltect s responsl I Itles at t e Site, le, ulIes, '; r------respol1sibil~ies~l~d-limitations-of-a~th'Ority-of-sucllproject representatives shall be as.set forth in ( \!"0' b' \. d' h CD' / an eXlllUltto e lIlcorporate 111 t eontract ocuments, / '\\ \ \ \ ' ~..... 4,2. !.!-..)rh'e''Architect wi0in~pret~d decide matters concerning perforrilance under, and ",. ----requirements of, the Contract DOCUiTIents on written request of either the Owner or Contractor, /"' I i I . 1 , , I , I ' WARNING: Unlicensed photocopying violates U'Si copyright laws and will subject the violator to legal prosecution,. . I 8111 <:. " O. .0 oo'e'~o c::::::J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 173S New York Avenue. N,W, Washington. D.C. 20006-5292 r nil I "" 0 o. .0 O. ..... .~ O'a:::J::>'<;:;'~ ~ @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, NW, 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 ofr--.-- drawings, When making such interpretations and initial decisions, the Architect will endeavor to: secure faithful performance by both Owner and Contractor, will not show partiality to either and! will not be liable for results of interpretations or decisions so rendered in good faith. 4.2,13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3,1 Definition. A Claim is a demand or assertion by one of the parties seeking, as'..a matter o,f right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief ,with respect to the terms of the Contract. The term "Claim" also includes other', disputes and matters in question between the Owner and Contractor arisiqgoui\of or r~,lat!ng to ' the Contract. Claims must be initiated by written notice, The responsibilitYito shpstantiateClaims shall rest with the party making the Claim. ,; , ' \ 4,3.2 Time Limits on Claims, Claims by either party must be initiated withiri'~I\days \f~~~ occurrence of the event giving rise to such Claim or within 21 days after the daiinant fir,sl', recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by , written notice to the Architect and the other party. \. ' \ \ \ , \ '" \, 4,3.3 Continuing Contract Performance, Pending final resolution 'of a ClaiTr1.except, '~s/ otherwise agreed in writing or as provided iil Subparagraph 9,7.1 and Article 14, the Contract\l'Y- ' shall proceed diligently with performance of the Contract and the Owne~/sha'll~ontint.iet.O' ma/ke) payments in accordance with the Contract Documents. \' " '.. \ - '" '-. ". \ " \. """~ ',- "~ >;. 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered'at'UkAite which are (I) subsurface or otherwise concealed physical conditions which di'ffer,materially,fiom -- " "- those indicated in the Contract Documents or (2) unknown physical conditionsQf ariu'.1?suat nature, which differ materially from those ordinarily found tq. exist ?-nd geri~rally recognized: as. inherent in construction activities of the character provided for, in the Contract Documents, then_:-:~ ' notice by the observing party shall be given to the other party\promptly before conditi51~:S 'are~' disturbed and in no event later than 21 days after first observance of the .conditions. Th'e'Architect will promptly investigate such conditions and, if they differ materially and qlU.se~n increase or, decrease in the Contractor's cost of, or time required for, perfolT9-ance of a~); part df-the)Vof~, / will recommend an equitable adjustment in the Contract Sum Qr Contract '-Time, or both.)fthe Architect determines that the conditions at the site are not I;,aterially different' fronl those indicated in the Contract Documents and that no change in the tern;S of the t~ntracti~ justified, the Architect shall so notify the Owner and Contractor in writing, stating the 'reasons:'CIain)s by either party in opposition to such determination must be made within f'{days after the irch!!.e~:t has given notice of the decision. If the conditions encountered are,materially djfferent, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner mid ~onti'ador . cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustl}1~nt shall be / referred to the Architect for initial determination, subject to further proceedings pursuant to/ , / Paragraph 4-4- \. ";-1 /', I WARNING: Unlicensed photocopying violates u.S. copyright laws and will subject the violator to legal prosecution,! I . IJ... 4,3.5 Claims for Additional Cost. If the ContraGtor wishes-to.makeClaim for an increase in the' ',,-! , , Contract Sum, written notice as provided herein shall be given before proceeding to execute the....'. 'Nork. Prior notice is not required for Claims relating to an emergency endangering Ii fe 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 - - -- --- - wherethe-eontractonvas not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) fail~re of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in . - --~. u.._. ac.cord-ance-\vilh this-Parrlgraph 4.3. '-'---.-'-~------- ---7 4.3.7 CLAIMS FOR ~DDITIONAL TIME ,. ---- '..(3:-7j -InheCOl-ltfacto'r wishes to make Claim for an increase in the Contract Time, written - -- - H_ - ", , J"\ notice as providediherein shall be giveh. The Contractor's Claim shall include an estimate of cost " and of probable effect of del~)'\on IJrogl ress bf the Work. In the case of a continuing delay only one , I ) " \ I \ .") ~laim is Ile2essary, ' / \ /1 ) I I Ii, \ 4.3.:7.2 Ifi ad~erse \~eathel- condi~ions are tne basis for a Claim for additional time, such Claim I I \ I \ I " I shall be tlocumented by data ~uo'stantiating\that weather conditions were abnormal for the \', '.1 ',/ " !' '!! \ . . penod of tlTIle, could/not hav;e Deen'reasonably antICipated and had an adverse effect on the I I ) I ) i ; I II scheduled constru,ction, I I / / ! : (I :: // 1/ II J '~-,J: 4.3,8 Injury ot Damage t6,Person or/Prope, rty" If either party to the Contract suffers injury or V L I I I I' I I J I I 1 I r'~-~damage to ~eJ'so.n or prope;rty becallse.of an act or omission of the other party, or of others for / ' '\ ,-." h I I III '1 '11 I I 'bl ; , . fl" d I h -....., l'-,,'w ~se ac\s suei party IS' ega y Ipponsl e, wi~ltt~n notice 0 suc 1 mJul)' or amage, w let er or i-\ \\ ',,::' lint insur~d, sJ{all be gi{,el to the" other parJI with\n a reasonable time not exceeding 21 days after \ d' '\ \ i TI; . (h'li I.ld ffi (, / d J 'I II I h " I ! '1) "'-1i~i~~(1''';r~~H~~~~se2_~;1~- ~:~/.~c;,ent '. e!~__ t,~ :~l:}~_~~:..~..~_ er .F:.:~Y to IIlvestlgate t le / ,I \ \ ! { I f/" ,/ / ~/ ...~./----,---,._.__.. '.. ------ -- ,--, -., -, ~--. ! I / '!...', ,4,3.9\ 'If, unit pric(~s are\~ate.9;in the Contl'ac(pocuments or, subsequently agreed upon,-a~d jf.; ,I;, ,'" .\1 I "/11' 1 /d / ,. 1I I d' d CI 0cf I I / ; quantltle~ p!"lglpa y COnteTP ?te are/matena, y c lange 1I1 a propose ;~!1ge' - r er or , " /-/\... /~/'" Sonstrllct\bn GhJnge DireFtive so)h~/aPr;lication of such unit C!i~esAoquantities of Work! . / /~]/'-."P50poseq ~,illi:~use substaJlti~Lirfe,qu~ity to th/Owner .aI.Contractor, the applicable unit pricesi ( ! shaH be equit~bly adjusted,'), / /", ,/___--,r I j 4,3,10 Cl~i~S for CO!1Se'~ti~C~~}rhe Contractor and, Owner waive Claims, against) f ea~~_ 0~h~~,_f9r C6i1s1quel~!idl damages arising outrof'orrelating to this Contract" ~l~~is mutual} !- --WaI':~L!.1!.~~LF",,:::_:'- .~_.l__.__ _, _L_,_ _ _, ____n '''_ _ __,_~ _ :--., .,.; ,1 /d~mag5s incurred-by-the.o_wner for II'ental expenses, for losses of use, income, profit, t' fib,an~ing>'b.!!!iness and r~t,ation-;-'and--ror loss of management or employee ( "d " '-. f h . / f )h d t pro lICtrVltYQ!: 0) e servJces 0 'sus. .persQ..l.1s; an F/d~mitg~s incurred~brtl1e COI;.traetor for pril3cipal office expenses inCluding the 8 ) I / com'pe~isa~ion of personn7L~tationed there, forAosses of financing, business and repu- 1111 / \~ation, an~'forJ()~s_of/proQ~r~xc~t-'aJl,ti<;,ipatecf profit arising directly from the Work. ,~"'1~hi~ mutu\.l waiver is applicable, wi!.hout-limitation, to all consequential damages due to either~. .g (I ,/) () iPflr;tX'ftrrmination-in:acc9:da\lce'W'ith Article ~,~othing ~ontained in this Subparagr~ph 4.3.~0 o1'~'~<:> ,,\ \.\ \\ /}hi!-ll' ~e' deemed(t0\ preclude a~ward of IIqulgated direct damages, when applIcable, III @ 1997 A I A @ ,_aq:ordapce'with ttJ.~Jequiremen~ ofthe~Con~r.act'Documents, AlA DOCUMENT A201.1997 . \ \; \ \' __ ' ,,>:,,\ -.... ._' .,_ ..' , '. _, __. _____..'......, GENERAL CONDITIONS ~.'=';::4A___ ~~~~~':..':nON-OF'CLAIMS AND DISPUTES _---' ,__-' -"-,.-' ----- i., ,.~OF THE CONTRACT FOR I 4.4.1 'Decisioii-t,f'Arch.itect._qaims,\ncluding_those.-alleg'iiig-an error or omission by tlie f CONSTRUCTION , J "'- ,) ~ --'-__1... _,_-'-' " ' '--.......~..J A!:.chitect butexcrudi!]g_..tbose,,,arisi'ng-~QlliIer Prrragraph.s.,10_.3, th!ough 10.5, shall be referr~a-", The American Institute t---=~Jllitially.to-tm~AIciiitect for decision. An initial decision by the Architect shall"be-require.g as:a of Architects . = ~~'N~ ""'""'" PhO=~'" '.'''~~'' W~"h~.~:'" W"'~bj~~' ..~~, ~ ":~K"~- ---I. ~;:h7:;o~~'~~';~~N;~2 I JAi condition precedent to nwr1i"tinn "rbitrAtion 9r 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 a.. I response with supporting data from the other party, (2)' reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parti~s that the Architect is unabl~ to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the ,- _..- .- 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, consult with or seek information from either party or from persons with special knowledge or exi)erti~e whd'~~ay assist the Architect in rendering a decision. The Architect may request the Owner to authori'ze retention of such persons at the Owner's expense. I ~ -. I , ' , ' ' 4.4.4 If the Architect requests a party to provide a response to a Claim o~/t? f\lrnish additional\ supporting data, such party shall respond, within ten days after receipt of,sucl; r~quest, ~n1 shall, either provide a response on the requested supporting data, advise tl{e Ai<;hitect wheT) the response or supporting data will be furnished or advise the Architect that hosuppo'rting d~~~\will be furnished. Upon receipt of the response or supporting data, if any, th\e Archit~c~ will ejth~r reject or approve the Claim in whole or in part. '\. ", \ \. -. f"""""', '\ ,,\ 4,4.5 The Architect will approve or reject Claims by written decision, which"shalI state t~e rea" . ' ''\ " ~ sons therefor and which, shall notify the parties of any change in the ContraCt Sum or Co~tract \ , , -,' \ Tilne or both. TL( uFI)lv~lll (,1 I,-j~Gtion af a Claifll b:, th<: /'d<:hiteet shall\se f1RaL.alq~. BiFldiQ,g\81\~_'. " tH@ parties by! ~ypjQ(t tG mi'Qi~ti9n And ~rbHI"Atign '\ . '\\~'Vi " hen a written decision of the Architect states that (I) the decisi;;I~'is)Inal ject:t'o \ mediation an . 'ation and (2) a demand for arbitration of a Claim " e' bY-such deci~'ion must be made within 30 a). the date on which the 1a ing the dema~a'~eceiye~}he final written decision, then failure to e IOn within said 30 days: period sl1all result " '. in the Architect's decision becomiJ and bin . on the Owner andContractOl:,. If, th~ Architect renders a deci . ter arbitration proceedings have "tiated, suc:hllecision may be entered . ence, but shall not supersede arbitration proceedings un, e decisiori [s- a Ie to all parties concerned. ' \ \ \ 8111 " 0 o. .0 oo'a:::::o'~o c=:::J 4.4,7 Upon receipt of a Claim against the Contractor or at any time thereafter/the Architect or /) ._~~: the Owner may, but is not obligated to, notify the surety, if any, of t~eJJSl~ure and' aI:!1ount of~he'~// ' Claim. If the Claim relates to a possibility of a Contractor's default; the Architect or the-Owpd .,.,/ may, but is not obligated to, notify the surety and request the sbrety's assistan~e>in resolv.ing the /7 "'-, : // 0---, / .. controversy. "- @1997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTIO 4.4,8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Glaim may proceed in accordance with applicable law to comply with the lie~/notice or filingcdeadlines prior to resolution of the Claim by the Architect, by mediation or by arbitEation. / \~ .T"" The American Institut of Architects 1735 New York Avenue, N,W. Washington, D,C. 20006-5292 ~5 ! 4,5.1 Any Claim arising ou s re atihg to aesthe~l effect and except those waived r 111 u para ,lOA and 9:10.5 shall,after ini . y t e Architect or 30 days after submission of the Claim to 1 e . j WARNING: unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution, ' ~i su J proceed in 's ~v J 4.5. e arties shall endeavor to resolve their Claims by mediation which, unless the es mutually agree 0 'se, shall be in accordance with the Construction Indu' e iation Rules of the American Arbitration, . tion currently in effect. Re or mediation shall be filed in writing with the other party to the Co n e American Arbitration Association, ~"rhe'request-marbe'made concurrent I ' e filing emand for arbitration but, in such 1 event, mediation shall prbc 'a vance of arbitration or legal or Ie proceedings, which ,shall be stayed . 19 n\.ediation for a period of 60 days from the date of filing, stayed for I al Jeriod-by agreement of the parties or court order. / arties sh~t11 share the mediator's fee and any filing fees equally, The 1a be held 'ill tl1e place w 1erelocated, unles a Ion is mutually agreed upon. '. , '. I , Agreements reached in me e en orcea 11ent agreements in any court ha' . , , IOn thereof.! \ j, \ \ / \ ITRATlO'N I I' / ' ,I I'. I J . 4.6.'1 My Claim: ',',: It of or relate? to the Contract, except CIa' mg to aesthetic ~ff~,c: ane! e~cept tl~o~e raived ~,s IYO l' i "'h S~lb Jar ~,3.10, 9.10-4 an~ 9.10.5, shal~, after deCISIOn 9Y the Architect or 3O/d\lYs af . llSSlon l1n to the Architect, be subject to 'Jrbitratio~l. IJrior /0 I. . ,n/the pafti~s sE11I endeavor to resolve mediation in :', " / "i/ /1, I ~ccor ,I ;the provlsl9ns of Pa~agraph4.5:. i / //, II I ,_ "I : '~s/n,ot resolveB by me9iation sha:Iljbe decided by arbitration which, unless '''-. "mutually iagree! ot er ./,/ , elin accordance with the Cons' . n ustry Arbitration ., "" i I ! I / I / I \ Rules\of the American Arbitration AssoCla . , m effect. The demand for arbitration shaihb~'.dled/in writi{llwi ,I /, er p';r.ty to t~e Contract an merican Arbitration , 1,\/ I I l I / ,/ I ,'. I Asspci,a', / afcofys0\l1l ,be fileshvjth the A\,chitect. '.\!I !/~\'i // / . , " \ \: I land for arbitr~,tion}h-all be I~a&.within the time limits specified in Su lS 4-4-6 a\ld!4,6.I asl app Ica , " ther-cases<,ithin a reasonable . I' e Claim has arisen, /'- ""and~in'--~o ~venti sllall it be rilade afte(the J a elution of legal or equitable proceedings r//' '" ./ ^". ,/ -,~, " !.' . \ ~/,/ ./ /, . /' ..../ based on such ClaIm wou re by, the applicable statute 0 s as determmed , '/ .' J/ . pursuan '\ \. / rap 1 13.7./ . ../ 4.6,4 Li~it~tion on CoJsdlid~~ion-;-J~i~~~r. No arbitration arising out of or relating to the Contract ~h~'ll include, J2y:Jonsolidation,.-o(joinde(;;r in dny other manner, the Architect, the Architectl eillplo?lerorCOllS!!g~~t:-e~cept bY;'~vr~tt:e~l 5dlsent containing specific reference .to the AgreemenLand(~lgned by the ArchIt/ect, OWI.!~_r,_Contractor and any other person or entIty sought t6 be-joined,},Jo.arbitration shall(ln'clude, by consolidation or joinder or in any other mannel p~i'rties other 'thaQ~the.Qyvne( cOI~'iactor,a'separate contractor as described in Article 6 \ ; and othe,! pe?sorls,substantiillly~nvolved ir:; conunon q~stion of fact or law whose presence is ' ) \ ./d"f "I" ,. f' b \I'd' b' ./ . h h h ' \ requye '\ comp~:e,z: Ie' IS _:~ e laccFrue~~ ar ~tlOn., No p~rson or entity .ot er t an t e \ __~~ Owner, Coptractor\or a-'separate contractor as-descnbed III Article 6 shall be mcluded as an _ v: origin~l third,p~ty ciydditional)hiraparty~t()~l arbitration whose interest or responsibility is ( 1\ (l!, I 0?sLG~t~tial. Con}e'!'it to a(~i)}atiop involving an additional person or entity shall not constitute \... \...) ... ,\ \-) (coh~eh(~o~itr~i~ of a Claim not described tjciein or with a person or entity not named or ;; r' - - -:(kscri\b~d therein.'Tlie foregoii11tagreerilentto'arbitrate and other agreements to arbitrate with an I adaitiol~\al pemin or entity duly corisented to by parties to the Agreement'shall be specifically ! c \ ~I d \ I' \ bl I . \ h'" d" h f enlorce\aue un er;~pp ICa e aw III ann:ourt aVlllg JUrIS Ictlon t ereo, ,;.-.,.-1 '--......___.) ~_. _..:/~ .--./' '\ I i 8'" <> 0 o. .0 0'. ...." .'0 o ceo ~ c::::::J @1997 AIA@ AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - --.------.,..............., , I . I I , t WARNING: Unlicensed photocopying violates u.s.. copyright laws and will s,ubject the violator to legal prosecution. I The American Institute of Architects 1735 New York Avenue, N,W, Washington, D,C. 20006.5292 I ,,_. --:'-:5:1) -A Su5=-subcolltractillis a person or 'entitY wlibh'iisii-direaor iildirecCcouU:acC:witni~ subcoiltractor to pe~form a portion of the Work at the site. '05'. t,erm-'~Sub'-:.subc.Oritractor'';l%\ r,eferred to throughout the C.ontract Do~.u!~ellts .as if-singular in n}.li1~bef... and .\~ll~ansl~\ Sub-subcontractor or an authOl~ze~esentatlVe of the Sub-subcontractor,_\' 'f ' L . " ' 1";\ \i .~L\\ \;' i-~, ..~5~2::-~~ARD- o~:~~.~,ON~~~C~~ ~N~OT~~~..~~N~~~:!: FOR P?R~IO~S~~~;~H~'\~:?~~~_' 5.2.1 lliiless otnerwlse stated 111 tne Contract DocumentS-or The-'bn:tdlngrrequ.lre\l)ren+~\\\ '~:COI}Jr.actor, as soonas IJracticableaIteraw;i-ia-of 'the -Conhaa~ shalnum.,isK}!t~Ii1"i'Pg~w.;[Ii. {xC' .. ,.....~ - '.. ,. .,"<::,-;-\,;~,"'- Owner through the Archi!~ct the names of persons or entit!e~.0.T!cluding';those who rreto)fuI;I1i~h \ ".' materials or equ~pment. fabricated to a speciaJ'9-=~igrr"'j"rop~sed f?: each R,r!~1iP,;.~1~~~r~0I1\~f'~~>\ \^/ork. The Archl~~C! wIiL,pKlmptly reply to the Contractor .In.).vntmg st~!12$r:w.~et~erl.gr I?:o~~,he,~\ ! __- ..owneror-rhe Architect, after due investigation, has reasonable objedici~\t'i:);:any"itch:prZI?:?s~a;. " ... -..-.. ' iJersoii 'orenTiiy: Failureof the O\viier brArcliitecn~ply-promptly shall'-constitute not.r~6f':n~ . ...-. "",ombFohj,,,;On. - -. - --- . -'-- _U~~~~~~01~' 5.2.2 The Contractor shall not contract wi.th a, proposec( p;;~'on or entl\)jto wh;tn,~~e:p>v;';' -:;~ or Archite_~:~,a~,.lnade reasonable and timely objection, The Contra_ct~r s~a~J not;be-rJ96ire,d,i " .' "..:..so.!ltra~!~:.".lt~_~D~,~~,t~_whom the Contractor has made reasonable obJectlOn';.;L ~ \;;,; - ".- u._ mn_ ----.---.- - .- .- .._._~_ -_________::_=_,H-- ____.:2=.-.-~~.. =~~;:_,,;~~-- 5.2.3 If the Owner or Architect has reasonable objection to a r~rson or entityproPQsed)))' Jh~<_ --'>-'0 _ "'-.." '-', ..,,'.c.._ -I ..,-.-.'. Contractor, the ~ontractor shall propose an~ther to whol11\the Qwn.er o'r{lic,hite:<.:tKas';~i:'- reasonable, obJectIon, If the proposed but rejected Subcontra.ctw.was reasonably .capable9f -." performing the Work, the Contract Sum and Contract Time shall'b~i.ncrea~ed or decrefsea]5y,t~e ,; difference, if any, occasioned by such change, and an appropriate Ch,iilge Qrder,shaIl beissye~/' //= before commencement of the substitute Subcontractor's Work.Ho}\'~ver>nc; i~cre~se).n th~//l~ ,>,*,,-, ,,', -.7' .' Contract Sum or Contract Time shall be allowed for such change:1lil1rS?s~the Col1tractor has}q~e~';;' promptly and responsively in submitting names as required. \'~,-~J :~. ~,: --- r .',1 ;'. nil I '> &7 0, .0 o. '''IH .0 o'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 Clai~s:.._Ihe,I?<\rty .filing a notice of demand-for:' i a!bitratiQQ_must-ass8Ft-in 'lhe-demairil all Clalnls thel1 known to that party, on ,which ar,~~trat.ion! ,t____~..._ _____._~~._._______...~. .__ __~_ __.. .__'_' -_._________._.. -...---- ---. -_.-- -...-- .._h ---- .~~.'" r- is permitted to be demanded. , ; .' ... ::;:':=-':7 ,_ I 4.6,6 Judgment on Final Award, The award rendered by the arbitrator of- arbitrators shall b~ final, and judgment may be~)~tered upon it in accor~ancewith applicable law in any cou~t having jurisdiction thereof. __ ( / ARTICLE 5 SUBCO'NTRACTORS I -" " - ~....,..~:-:?.:~_, .o~~I~ITI~NS, , ..,. _ I ,. .,,5,1.1, A.. Subc~lltractor i~a persall o~ entitywh~ ~aia'ai::,~!:..:.<:I~~.ract ~~~ t~e.~0~r~~~~'~~~3)T.-~,.1I , perform a portIOn of the Work at the Site, The term Subcontractor IS referrea_to tnr9L.1ghout-tne-, \f~"~ Contract Documents as if singular in number and meanS-a-,Subcontractor or an authorized' .,. - - representative of the SUbCOl}g,Clclor. The 'terin "Subcontractpr" does not in,cli:Jd~ a sepawte ! CO~~I<!.ctor of'subcontractor~-of a separate contractor. - - /2 ' ~""~.......,,..:.~:...-:::::.__ ________._._.-~_ ___..... __ _._~..~. . ___....__.____.... . _ _ __._ .L...~~....,.,,: -_ ...~..i. 5,2.4 The Contractor shall not change a Subcontractor, person or entity previouslysel~~ted if the Owner or Architect makes reasonable objection to such substitute. 5.3 SUBCONTRACTUAL RELATIONS - ' - -- i-I 5.3.1 By appropriate agreement, written where legally required for validity, the ConU:act~r s}J~I; I require each SubContractor, to the extent of the Work to be performed by the Subc~)l1t~act9r[;~cy,g~! bound to the Contractor by terms of the Contract Documents, and to assunle 'to~ar~.)f{e Contractor all the obligations and responsibilities, including the responsibility for safety 'of the 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 -----Subcontractor'to-enter'iDto similar agreements with Sub-subcontractors, The Contractor shall make available to each ptoposed Subcontractor, prior to the execution of the subcontract agree- ment, copies of the Con~ract Documents to which the Subcontractor will be bound, and, upon writtell'request of the Subcontractor, identify to the Subcontractor terms and conditions of the -----~-proposed -stibc0I1lractiagreement which may be at variance with the Contract Documents. Subcontractors will sirl1ilarly make copies of applicable portions of such documents available to -..----~ -----. - the-i-r respecti\;e proposed Sub-subcontractors. ----- ., ('\ , (\ I \ ~.4\ CqNTINGENT ASSIGNME~T OF SUBC~NTRACTS ~.4i1 E~chlsubcontract ag'reem,ent ~6r a p'ortion of the Work is assigned by the Contractor to the O\vner provided that: : I j !I I .1 ~ as~ignment iserfectiv~ OIlly after termination of the Contract by the Owner for cause , : pursuant to Paragrap0 14.2 and 0{1lffor those subcontract agreements which the Owner ac~epts by 1~6tifying,th/ SUbcorit/actdr and Contractor in writing; and .2 assignn;Jen,t' is subj~b/to th~/1)Jior ri~hts of the surety, if any, obligated under bond . 'I i I .! ' rel,atmg to the Copt~act. ;/ / ,I " I / /j .j : "I I ._ '5.4,2 Upor\ jsu,ch assignJ,)ent, if/t~1~ Work }~as been suspended for more than 30 days, the !~~S~b~?ntracti:iI}compens~(ion sl)~Wbe equi).a~ly a,djusted for increases in cost resulting from the su'spension.' ;' / / / / ,/' : ;;, '" / I / / \ i\/ ' / / ,/ \ \ I I i L"\ I I / / ;' ARTiClE 6 ! CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS \\IJ fj \/ // / 6.1 \OWNER'S/RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS V / 6.1.1 \ 'd1e, OWl,1er reserve~"the)'ight to peffor~ ~onstruction or operations related to the Project '/;\'v,/~itl~:th'e qwner's/own forc~s,\arid ~'<l:va(d separate contracts in connection with other portions ! - - ''o..//.....,'^of.the''Proj'e\ctorother constp.icti.on -61' operat}ons on the site under Conditions of the Contract identical \01' .{ubstantially sil~1ila~ Lo these)hcluding those portions related to insurance and waiver of S,ubrogation. If tn;; e~ntractor-~I?ims that delay or additi~nal cost is involved because of such actio~ by the Owner; the-Colltractot shall make such Claim as provided in Paragraph 4.3, f ,I ..---...! _ .' , ,I I r,'" ( 6.1.2 Wpe~~ sepai~Je~6Ijtracts-are__awardecl ;for diffelJht portions of the Project or other construc~iOl~ oro~e~~tions on tne'site,-thr term~~C~ny:actor" in the Contract Documents in each case shall mean the, Contractor who exeeute's'each separate Owner-Contractor Agreement. / \, '..', ",- / \/ ! 1"- "" '....." "'''-.. , ,/ "/ ....' -~ ~ 6.1.3 /fhe O\vner shall provide f(;; coordination of th~"activities of the Owner's own forces and !, ""-. ",- / ,'; of each separate'c,oi1tractor with~he/Workzof the ContracTor, who shall cooperate with them. The Contractdr shall pattlCipate with otheJ, se~'arate-~on~ctors and the Owner in reviewing their \/ /-" constructi6n"schedules whe~, dires!ed-to -do so" The Contractor shall make any revisions to the fC91is1r~stion schedule' de~m~d n~cessary aftelA,~ joint review and mutual agreement. The i consttuction schedi:i1es shall'then constitute the scnedules to be used by the Contractor, separate ,/ / ~ J i "-- ./ contr~q\ors anc( thd')~)1er'until-sV.tsequenliy_revisecl. \\ \ \, \. 6,1.4 \Unless otherwisc\ provided in \the Contract Documents, when the Owner performs const.sJctionQr.op}ration~related to th~Jroject with the Owner's own forces, the Owner shall be _ ~deefl1ed to be subject to the sa111eo15ligations and to have the same rights which apply to the /\ \ I \ , ) ( l ", /', (,,~;<~ \~ i J WARNING: Unlicensed photocopying violates U'Si copyright laws and will subject the violator, to legal prosecution, I 'I 8111 '> &1 0, .0 O'.~'''.'O o ceo -:::. 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 Rill '" 0 o. .0 ~. ...... '0 ~o'~'c c::=::J @1997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, NW. Washington, D,(, 20006,5292 Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10,' II 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 uporl I construction or operations by the Owner or a separate contractor, the Contractor shall, prior W- ,- 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 shal~,\onstitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defeCts no! th~n reasonably discoverable, I \ ,I \ \ '\ '--- -- \ \..._---- I- I l I i I I I I , ( \ \ \ \ \ \ \ , \ \ \ \ \ \ . . . . . \ 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by\the Owpe\ which\ are payable to a separate contractor because of delays, improperly timedp~iV~ties or\\d~fective construction of the Contractor. The Owner shall be responsible to the Contractor for\ costs incurred by the Contractor because of delays, improperly timed activities, (damige \0 the WJrk or defective construction of a separate contractor. \ \ \ \ \ , \\\ \\ .. \. \ \ 6,2,4 The Contractor shall promptly remedy. damage wrongfully caused\~y the C<?nVactOl\~(\ completed or partially completed construction or to property of ,tlie ''Owner 6r \eparate \, . . I ,-" \' \ \ contractors as proVIded Il1 Subparagraph 10,2,5. f '\. '~' , \ \ ,\ \ \, \ \, \\. \ Th 0 d h h II h I \ ' 'b\l'" C \ \. \ \ 6,2.5 e wner an eac separate contractor s a ave t 1e same responsl Iltles~lor cut~ll1gr~-- \ and patching as are described for the Contractor in Subparagraph 3.14, \, """, \'0)) -'....., \ . "./ \\ , (~\ """ '-. /' \ ,', OWNER'S RIGHT TO CLEAN UP \ ~ ~ "', (\' 'I \. \ "- ~ \ 6.3.1 If a dispute arises among the Contractor, separate contractors and the Ow~er~s 0 She, \\ responsibility under their respective contracts for maintaining the premisei'and surrounc!i'rig,a'rea '\, free from waste materials ~nd rubbish, the Owner may clean up and the Architect w!ll alloCat~t~e ' '" cost among those responSible, '.. ----'" \ 6,3 " '" ARTICLE 7 CHANGES IN THE WORK\. '''-..,', -_/ .___--/---1 7,1 GENERAL ''''-.. \ - _/- \ 7.1.1 Changes in the Work may be accomplished after executionoftheContr'~t, and without //)./-;-._- invalidating the Contract, by Change Order, Construction Change pireGti\~~\or/order~or a mi.nof // . change in the Work, subject to the limitations stated in this Artic~e7 and else~he\e in th'eCoSrac( ;;; Documents. """, ,) '.... / / ~ '''-,,- //()~ // 7.1,2 A Change Order shall be based upon agreement among t~; -~"ner,"G~~~actor"~~-d---.// Architect; a Construction Change Directive requires agreement by the 9\~1er and Arcnitec(il\d ~"- ->,;. mayor may not be agreed to by the Contractor; an order for a minor <;hange in the ~ork may be r, issued by the Architect alone. ' (,) --.., /~ i 7.1.3 Changes in the Work shall be performed under applicable provisions of/the Contract/ Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Cha,9gc: Order, Construction Change Directive or order for a minor change in the Work. ....~, -, // l , , . ! \,.~.- I WARNING: Unlicensed photocopying violates U ,5. copyright laws and will subject the violator to legal prosecution,: 7.2 CHANGE ORDERS 7,2,1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the adjustment; if any, in the Contract Time, '~--7-;-2-;-2-Methods-used-in-determining adjustments to the Contract Sum may include those listed , in Subparagraph 7.3,3. I ,- ---,--7,3- - ---CONSTRUCTION-CHANGE DIRECTIVES ------7~3;1~-c-A-GonstructiOl~Change Directive is a written order prepared by the Architect and signed by the Owner and AJ:chitect, directing a change in the Work prior to agreement on adjustment, if ------any,-in-the-eontract Sum or Contract Time, or both. The Owner may by Construction Change ---------Difective7Witl1ciITtlinvalidating the Cotrtract, order changes in the Work within the general scope of the Contract cbnsisting(o\f\additi~)J1s,\deletions or other revisions, the Contract Sum and r' C<\ /"'T'\ b ,: d' I d df I \ " I 'ontractl Ime emg a Jus,te accor lng y:' ,I I \ I \ /, \ /" J I I 7.3.k A (Construction Change Directive snail be used in the absence of total agreement on the I ien~s of k Change :,ordel. ) I J/J I I I I : If i /, , ' : I 7.3.3 If~he Const'rultion Change Directi1'e provides for an adjustment to the Contract Sum, the I 'i, ! i I !! I / / I .,:\ 'I adlt:lstmept ~hal~be/based on one ofthe followmg methods: IV..---I I ;:.1 i mptual/~cceptanfe/of a IGn[p sum/properly itemized and supported by sufficient Ir'-~~! I' substantiating d~tlt~ pe~lit evaluation; ~ \ 1.1 /. ' 1 I. I /" '. '/ ' L ~ ',,- \ ,2iumt pnces st~ted m the yont,ract DOCUplents or subsequently agreed upon; :\ --.2:, ~ ,3COSV to be dedrminlcIjin a lTI<i~~r kgreed upon by the parties and a mutually Ii ") '" ~ : ac/eptable;fix~d or r!er,centagd~e(or' ) rlv? I / I / I -;/ / - \ \ \.4 ( at provicte~~~~t~_bParagrapl1l3'6'J' \ / ,\ 'u' I Iff' \ cl //C rh' , D' , h C h II I d 1/ 7.3.4\ ' pon receipt 0 a oq~tru5tlOn ange Irectlve, t e ontractor s a prompt y procee Ii with thtNcHange(i\{ the W6rk- involved aJ}d--;idvi~ the Architect of the Contractor's agreement or ./\ ^ Id' ~ \' I 1. h h Ihld 'f / k 'did' h C . Ch D" C YO"" '-./ ",JSa~reement ,wI It t e met 0 , lo/al).y, -proVI e 111 t e onstructlOn ange ]rectlve lOr ~, /'-..d /..... ,\ hi. d 'd'\ ./ /, h C / S C T' r 'v/ 'stenilll1\lg~ jPropose a, .)ustment m t e on tract um or on tract Ime. 7.3,5, A <COIlstruction CI1~~ective:si~d by the Contractor indicates the agreement of the Contractot tHerewith, including-adjust~ Contract Sum and Contract Time or the method for detendining them.~Su~hJagreement shaW be effectiveii11mediately and shall be recorded as a 11/;/' J/) , Change Order. " ~/ /.' " \ p.6 10hl~'''~d womptly.o(3isag"es with ,h, method fOl ,dju,'menl \ in the Contract Su~the'methodand tIle ddjJstment shall be determined by the Architect on the , oasis 0/ re~soi1able ex;;cilditures~aI1d savings~th~e---performing the Work attributable to the ) \ Chang" i~duding;,in case of';;n-increa, se in"the Contra-ct SUA1, a reasonable allowance for overhead / ( '\ " ) r-.'\ '-." ", /' , and profit. In such case, and also under Clause 7,3:3,3,'the Contractor shall keep and present, 111 ~/ ~S~l/ forn\as the Arch~ay p~riQe, a~;ized, accounting together with appropriate QQn 5Up,perting data,JJ~.!~s ot~erwise,prc;:Tided ~,,!h, ~ Contract Documents, costs for the purposes of ~ {t.1 S \bJ I h'll b) 1'\ . d 'h' c"I;....I. . \..: tHIS 'p paragrap F7.3,6 s a _' e 1I111te to t e,lO o~lI1g: V ./ fiB' I d' ". I ,,' 'Id d I . f' "----/ ~_-J'\I/COS~ 0 0 or;~~ soc~._~,~~.:~.!y<o age an unemp oyment II1surance, nnge l benefits required by agreement or custom, and workers' compensation insurance; " ,2 costsdf mate\ials, supplie~nd equipment, including cost of transportation, whether , incorpo\ated o~'consUliled; \ .3 ~ral-cdsts of m~hiner.y_and'equipl11ent, exclusive of hand tools, whether rented from ""-- the Contractor or others; WARNINO, ",1<"", Ph',",'PY~g ~J "",dgh. "., ... .", ..hloc, Ih. .,.,,,,, ro '.,.' P~"'". I ' I 8111 0::., ,0 O. .0 oo'a:::h'~o c:=::J @1997 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 nil 1 <> 0 0, .0 0....... ,'0 o a:::o ~ c::::::::J @1997 AIA@ AIA'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 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 by the Architect. When both additions and credits covering related Work or substitutions ar~--- 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, : 1_, 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 Architedwill make an interim determination for purposes of monthly certification for payment for/thos~ costs/rl1at i \ I \ determination of cost shall adjust the Contract Sum on the same basis as a Change Order,5ubje'ct to the right of either party to disagree and assert a claim in accordance with Article 4, ' 7,3.9 When the Owner and Contractor agree with the determination rpa~e"by the\Architect \ concerning the adjustments in the Contract Sum and Contract Time, 6r 'otherwIse \ reach I \, \ \ agreement upon the,adjustments, such agreement shall be effective imp1edia~ely and sha}l be recorded by preparation and execution of an appropriate Change Order. I \ \ \ '\ . \ \ \ 7.4 MINOR CHANGES IN THE WORK '\ \\ \ \ 7.4.1 The Architect will have authority to order minor changes in the WOJkl)ot involv~ng adjust-I ment in the Contract Sum or extension of the Contract Time and not in{oris~t~~t with\ll'e\ intelit \ of the Contract Documents. Such changes shall be effected by written o'rder and\shall be\~iI).ding \ '. \ "" . , ' on the Owner and Contractor, The Contractor shall carry out such writt~n order~ promptly,\\ . ._\ .\ " ,\,) ~'~, \ ,''. \ I ,,\ ARTICLE 8 TIME ~''." ',~>~) \ \ 8.1 DEFINITIONS \ '~.....' \ \ \ \\ 8.1.1 Unless otherwise provided, Contract Time is the period of tim~? includi~~"~,:tho,~iz,ed \ adjustments, allotted in the Contract Documents for Substantial Completi'op of the Wo~k( / \ \ '\. ...... '. . '... '" '" "-. 8,1.2 The date of commencement of the Work is the date established in the.AgyeemenL--', 'I t_,_ --, '-, I 8,1.3 The date of Substantial Completion is the date certified by'the Arc~it~ct in accordahct--\ 0' with Paragraph 9.8. -- - /~\ ,------- \ \ '\.. - --- ; ( - ) -- 8,1.4 The term "day" as used in the Contract Documents shall mean tcal~ndar day unless // /' ",.- otherwise specifically defined. "- / " / /~// . //- ~ . '. ... ' ~/ . / / 8.2 PROGRESS AND COMPLETION '\~) -- \ / ~/ 8.2.1 Time limits stated in the Contract Documents are of t~essence-o(th(C,ont?act.J?Y _/ executing the Agreement the Contractor confirms that the Contract Time is/a-reasoqable period / for performing the Work. // '-....; (-') ~_i_-- / / '......,,/ r"" " .J '\ 8.2.2 The Contractor shall not knowingly, except by agreement or in'stfl!ction oCthe OW,DITln ' I writing, prematurely commence operations on the site or elsewhere prior t;;'tne-;ffective~date o't/) <. ./1,., ' insurance required by Article 11 to be furnished by the Contractor and Owner/The date o~ . commencement of the Work shall not be changed by the effective date of such in/urance, Unless. , / ,_..- the date of commencement is established by the Contract Documents or a notice to'proceed-given \ I \ \ \ \ \ \ , \ \\ ~ > \ \ I I WARNING: unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution.1 I, 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. ---- -8;3'-~DEL--AYS-AND-EXTENSIONS OF TIME J 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the O~ner or Architect, or of an employee of either, or of a separate contractor ------ ---employed-'by lhe-Owner;lor by changes ordered in the Work, or by labor disputes, fire, unusual --------deIay indeliverieS,"unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by ,the Owner pending mediation and arbitration, or by other causes which the --. ---- ArcliitecToeterlliines may justify delay; then the Contract Time shall be extended by Change Order n, ..--,- - -1, . r '\ . for such reasonable time as the Architect may deterI11Ine. i"l ('') (~\ ;' \ '/ \' p? qaiml' s reljting to/tim\ sh/all be n; lade 111 accordance with applicable prOVISions of Partgrap\1 4t : / I I I I I I I " J / " II 8.3.3 This Paragraph 8,3 does not preclude/recovery of damages for delay by either party under I \ \ I I' J / / I \ rhfr protsjons o~ t7' cont/ractpocuje;nts., \ I : I I \ I: // II II ) ~/-- ~ ARTICLE 9 iPAY~ENTS ANo/COMPLEiTION ., i L-~ ~~.4.1 I C~Nit~,(~.t SUM /./ / ! / _. " . .' , ","" ) ~'9,l.l\ Tne eontract SUI11IS stated 111 the Agreement and, lI1c1udmg authorIzed adjustments, IS the ,'" \\ ..............'\. '-. ,,\ \' I I I I '/ I \ I '\ ' total a.mountjpayable/by' the Owner to the <Zontractor for performance of the Work Ulider the i '\ Co!~r~5t b,9~umen,~1 / / //;// /i ' \ ) J \ \ ' / / ;' /'-\j / ,/ / " \ / / 9,2 ,\STH:EDUL~/9FVA\U~S.. / J , ' . III 9,2,1 \ B~f9re tqe/,first AprhcatlOH for Payment, the Contractor shall submIt to the ArchItect a V ',\ ;..; I' ....... / )/ ./. ' I schedule ,of values allocateCl to various portions of the Work, prepared in such forl11 and v--"'\ ^ /......._\ I I I I I ;/ . /! . " ~ '-../, "supported Iby such data to sUDs,tantl,aterlts accuracy as the Architect may reqUIre, ThIS schedule, I "-..//~ ,............ \ I i \ ,\ / ./ / unless oqie<;)eyto by the Arcli'itect, shall ~e used as a basis for reviewing the Contractor's ApplicationsJor paymentf~/ / J \ \ ~-===--- ' 9,,3 AP~L1fATIONS ~~ P~YMENT } /___ -, 9,3.1 At ,least ten {day~~re the date established for eafh progress payment, the Contractor shall submi~1 to the' ArchitectJ@:itemized Appli~ation fOJlpayment for operations completed in accordante LWitlv{hi schedule ofValues~ SuclLapplication shall be notarized, if required, and \ supportfd by-such....~ta~ubstantiatinl tl1ejContractor's right to payment as the Owner or \ Architep ma~require, such'as'\9nies--6f re~isitiOIiS"froI1l Subcontractors and material suppliers, \ - d fl!' '( \., .f.........d de. I C D:'-...' ) an ,re ectmg\retamage 1 prOYI e lor I\~ ontract .ocuments, \ /A\ '~d' d"\S-b -) IU i:-- "1'/ . Ide' " ~ 9.3.1.<1 s proVl e 'm u paragrap 17:3,8, SUCH app \CatIOns may ilK u e requests lor payment on \..,..-/ ~6unt of\hanges iil)the Work whichl1aVe~_been properly authorized by Construction Change n n n\. fI, DifedtQs, or by-interim diter~hilfttions of the A);hitect, but not yet included in Change Orders. ~~\) _~JVU~ (')=__ .~, '- ';), " 7~' 9.3:1:-2, Such applrcatlO?ls-Jllay not~nclude-requests for payment for portions of the Work for / which\t~e Contiactor does not intend,to pay to a Subcontractor or material supplier, unless such \. Work na~\been p~forl11id by others \vhom the Contractor intends to pay, ~_~ -"""'--..J ~"''----~ WARNING: Unlicensed photocopying violates U,S~ copyright, laws and will subject the violator to legal prosecution, ! I 9'11 " 0 0, ,0 oo.lth'~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 0111 '" 0 . 0, .0 o. ........~ o'a::;r::; c~ r:::::=:::J (1)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 Cantract Dacuments, payments shall be made an accaunt .of materials and equipment delivered and suitably stared at the site far subsequent incarparatian in the Work. If approved in advance by the Owner, payment may similarly be made far materials and equipment suitably stared .off the site at a lacatian agreed upan in writing, Payment far materials and equipment stared an .or .off the site shall be canditianed upan cam- pliance by the Cantractar with procedures satisfactary ta the Owner ta establish the Owner's title ta such materials and equipment .or .otherwise protect the Owner's interest, and shall include the casts .of applicable insurance, starage and transportatian ta the site far such materials and ---- - ---- equipment stared .off the site. I I 9,3.3 The Cantractar warrants that title ta all Wark cavered by an Applicatian far Payment will-- pass ta the Owner na later than the time .of payment. The Cantractar further warrants that upan \- \ submittal .of an Applicatian far Payment all Wark far which Certificates far Payment have been previausly issued and payments received from the Owner shall, ta the best .of th~ Cantractar's knawledge, infarmatian and belief, be free and clear .of liens, claims, security intire~ts .or encup1- I brances in favar .of the Cantractar, Subcantractors, material suppliers, .or atherpersai;1s .or ei.{~iti\es making a claim by reasan afhaving provided labor, materials and equipment relating ta the"War~, 9,4 CERTIFICATES FOR PAYMENT '. 9,4,1 The Architect will, within seven days after receipt of the Contra,ctar~ Applibt\an far, Payment, either issue to the Owner a Certificate for Payment, with a copy' ta\h~\ Contrhctar, for such amount as the Architect determines is properly due, .or notify the Cqntractal-\and d>>'~fr in writing .of the Architect's reasans for withholding certificatian in whole .or in pah as provided in 'b h ' \\ \\ Su paragrap 9.5.1. ' \ \ \ \: ' \ \ \ \ 9.4,2 The issuance .of a Certificate for Payment will canstitute a represent~tian by the "Archit~ct\ , I' ~ \ \ \ \ to the Owner, based an the Architect's evaluatian .of the Wark and thi.~ata camp'r~s'j!:g the. \ ApplicatiOl~ for ,Payment, tha~ the Wor.k has prog~essed to the, paint indisate~'a~~~at, ta'\~\b~st \\\ .of the Architect s knowledge, 1I1farmatlon and beltef, the quahty .of the Work IS ll1'accardance,w:Ith _\ \ the Contract Dacuments. The foregaing representatians are subjec~ ta an\~alu~ti'dn,~f.~e W~r.k r-~ \, for conformance With the Cantract Documents upan Substantial Campletton, ta,results,..of/ \ '-; subsequent tests and inspectians, ta carrectian .of minor deviations from (h?C~ht.ract D6cu';;:;ents' \ prior ta completion and ta specific qualificatians expressed by the Arch~tect. T~is,suanc~, ~f a' \ Certificate for Payment will further constitute a representation that the Co.rtractoi-'is~htiJl~5J1ta \ \ 'I '\ payment in the amaunt certified. However, the issuance of a Certificate far P~yment wilLnat be ". a representation that the Architect has (I) made exhaustive .or continuaus a.E~~ite'inspec!~l!s\? check the quality .or quantity of the Work, (2) reviewed constructian means, '1~1eth()as;techniqljeS, sequences or procedures, (3) reviewed copies of requisitians ifeceived,from 'S,ubcontractars dn}I~~ material suppliers and ather data requested by the Owner ta sub(taritiate)~e C~'htr~c!-~(uighH~___ \ payment, ar,(4) mad~ examinatian ta ascertain haw .or far what 'p~ase t~e Con!rgctar-hasused \ \~ maney prevIOusly paid on account .of the Contract Sum. ---- ~ .....///---- . // '" 9.S DECISIONS TO WITHHOLD CERTIFICATION /.r-.--......",.......... ---,./ ./// ~/ 9.S.1 The Architect may withhald a Certificate far Payment il\ whole .or in ~i-t, tathe..extent /// reasonably necessary ta protect the Owner, if in the Architect's apiniQ[I~eJep(ese€,::1iaAsJ.2 th~.-/ / ' Owner re,quired by Subparagraph :-4.~ cannat be .made,. If th~ Architec;js_una~ to certify' / payment 111 the amaunt .of the ApphcatlOn, the Architect wIiI nattfythe Contractar and'qwI;leras ......... -,~ provided in Subparagraph 9-4.1. If the Cantractor and Architect cannat a~ree on a revised!am'ount the Architect will promptly issue a Certificate far Payment far the ama~ntJ:m whiSl1t~ A~,hitect is able to make such representations to the Owner. The Architect may also ~.viUjJlald l.c::ertificat?/ for Payment .or, because .of subsequently discavered evidence, may nullify the whale/ar a part .of a ! Certificate far Payment previously issued, ta such extent as may be necessary inlthe Architect:' 1_// \ ' \ \ \ \ \- \~\ \. r>) ~/ I / /1 \..:- I WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution.: 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; ---'-'-~:4-reasonable eviqence that the Work cannot be completed for the unpaid balance of the Contract Sum;! I .5 damage to the pwner or another contractor; ----,---,- --, ------r-reasOJlableevidence that the Work will not be completed within the Contract Time, and -----------UlaCtfie-unp,aid balance would not be adequate to cover actual or liquidated damages for the antifipated delay; or / ---,-------- --,7--persistent failure to carry ouLthe Work in accordance with the Contract Documents. ___________.0_______ -- _u ." f \ ~ (~" 9,5.2 When the above reaQs for \kithholding certification are removed, certification will be ~ I f)..J c' ('\ , . II \. h I lid \ I I maue 10r\amountslprevlOus y WIt 1e, , I I !.ol P~OJRESS P~YME;is ) / . ) \ ~.6'1'1 Afterl the N,chitect has i~sued a ce,~.tifica~,e for Payment, the Owner shall make payment in I ~he mamieI' and Withi.h the tirhe/ provid'dAn t~e Contract Documents, and shall so notify the ~\';: ;: fiit"'j II II II! . - L ~.6.2 The Contractor shall promptly pay each ,Subcontractor, upon receIpt of payment from the r /~ I [ ! I I.!. / I . / ii, L 'Owner, outl of/the amount paId lO the Contractor on account of such Subcontractor s ~ S'portion oif tKe/work, th~ Imoun(to which said~Subcontractor is entitled, reflecting percentages r-, '\ \11 : . d f / / / / h C / / \ f h S b ,. f I' '\ actua y retame rom/rpayments to t e ontl'actor on account 0 suc u contractor s portIOn 0 '~ "; I / / / / I ! \ \ )' thd'~ ~olk; T,Ke Contr'actor shall/by appropriate agreement with each Subcontractor, require each \ IV I I ! / j / / /. b I . ., j" SUbcontractor to make'payments to Sub-su contractors 1I1 a SImIlar manner. \ \ I ( (//\ V / Z! I 1/ / 9,6.3 \ Tr~ ArcHitect will,.~n reqU'est, furnishdo a Subcontractor, if practicable, information k / regardin~ percel~tJges of co'inpletion Ol',ar(,o~t~applied for by the Contractor and action taken !-./'"\~V"'thb-'t0i} by! thJ Architect \~na Q.w,&~~n ac, count of IJortions of the Work done by such / /"'"-... \ /' '')\./ I I~ SubContf\cte;:: j '/ .".__ / 9.6,4 Neith' the owne~n\rChif~halhhave an obligation to payor to see to the payment ! I I r--- , of money to a Subcontractor except as may otherwise be,re_quired by law, II /J/ /~ I I) I r:~1 - I' I II b / d: / "1 h 'd d . 9,6.5 ayment to matena _~pp lers/s 1a e /reate Il1ja manner Slllll ar to t at proVI e 111 S b ! II / I d ---~ f / \ " u pararap ~~-9'~~~ 9,6.4. ~7 0 ~~ 9.6.6 A ([e~ificate for j?aymel.&-a-p~ress payment:-or,partial or entire use or occupancy of the \ Projec/b~ thi-O'\vner shalll1ot,constitute a&eptance ofWark not in accordance with the Contract / '\ DC:Kub1ehts. '" '" ) ''J~'. . / / \ '" ~---" _:--/ \.....--..----./""-~9:6:7 Unless the C~1tractor_provideS111eowner with a payment bond in the full penal sum of n n Cl JthJ'€:bdtract~S-Um,-~ym~nts\ rtfceived by' th, e', 'G:,ontractor for Work, properly ,performed by \j\j 11/1/ ,/:1\ >/, ", ,--Subcontractors and suppliers shall~e, held by the Contractor for those Subcontractors or 'Je------SUPPlierS" ~~~rf6n;ned-W6rk.....or furnished~naterials, or both, under contract with the / , ' Contrkc~or for which payment was a1ade by the Owner. Nothing contained herein shall require moneV\t6 be pla2ed in ~separate acco';Jpt and not commingled with money of the Contractor, shall creat'e-any-fid~ciary liability or torUiability on the part of the Contractor for breach of trust ~~orShall entitle any person or ~titYT;;n award of punitive damages against the Contractor for ----. -'- -breach-of-therequirements'ofthis provision. WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution. I I I I 8111 '" 0 o. .0 0..'......0 o a::;o .;::. c=:::J @1997 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 8111 " 0 0, .0 o. "'''' .'0 o.a::;J:>'<:::> 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 9.7 FAILURE OF PAYMENT 9,7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropri- ately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs.---- .~- I of shut-down, delay and start-up, plus interest as provided for in the Contract Documents. l' _ __ __ 9.8 SUBSTANTIAL COMPLETION- - 9.8,1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use, ... 9.8,2 When the Contractor considers that the Work, or a portion thereof ,'c~ the ~ner agrees to accept separately, is substantially complete, the Contractor shall prepar~ arip su~mit \0 the Architect a comprehensive list of items to be completed or corrected prior to final payment, Failure to include an item on such list does not alter the responsibility of 'the Co~tnictor t~\ complete all Work in accordance with the Contract Documents. (\ '\ \', \ i \ \ \ \ U 'f h C ' I' h Ar h' '11 k .1 ' \ d \ \ ' 9.8.3 pon receIpt 0 t e ontractor s 1st, t e c Itect WI ma e an lrspect~o'1 to et~rrpme whether the Work or designated portion thereof is substantially complete. If~he Arcftit~ct's inspection discloses any item, whether or not included on the Contractor's list,\~hich i~\~'ot sufficiently complete in accordance with the Contract Documents so that t~e Owner, 2a.p occup~\ or utilize the Work or designated portion thereof for its intended use, the'G:ohtractor ~hall, befote \ issuance of the Certificate of Substantial Completion, complete or 'co;?ect',such ite]~\ Ul)O~\ \. , '" \\ \' notification by the Architect. In such case, the Contractor shall then subh1it a'i-e8uest for amlther \ \ inspection by the Architect to determine Substantial Completion. \ """"-.." \ \ r'\ \ . '0, . '"', \ \.; ~-- \ . \ '...... \! -, \ . 9.8.4 When the Work or designated portion thereof is substantially complete, the ,Ar, ~h;I"I~wiljJ '\\ prepare a Certificate of Substantial Completion which shall establish \th~'d~te ,of Substilri~l '\' Completion, shall establish responsibilities of the Owner and Cc\ntractor}or, sec4ri~y, \ maintenance, heat, utilities, damage to the Work and insurance, and sh~ll fix the tim'e'*ithin \ \ which the Contractor shall finish all items on the list accompanying the Ccl-tiEcate. W~?ra'o~ties "'~ required by the Contract Documents shall commence on the date of Subst,antiaU;::i'lmpleticin a.r the Work or designated portion thereof unless otherwise provi~~j!1_~1e Cer'ti\ficate o(SUDstantial > Completion, \. " ' , \....,'':~ '\--------;-- \ \_-- r--- I I I I I i I I \ ' \ \ , \ \\ \\ \ ''----.--- \ \ 9.8.5 The Certificate of Substantial Completion shall be 'SUb!,l~i~t~q\ to the--Owner and Contractor for their written acceptance of responsibilities assigned to thenliil such Certificate. // / '--/ '0 /,/ Upon such acceptance and consent of surety, if any, the Owner s9.all-m'a.ke-p~yment-otretajm(gv'/ , . '. -_',J'''' /, applying to such Work or designated portion thereof. Such paY~11ent shall be a~justed fo~,/Wc\rk that is incomplete or not in accordance with the requirements of'tlze Contrac~ l)o~um)en(.<;, ' ...._,~,- -~./ \" _/ ~........._- 9.9 PARTIAL OCCUPANCY OR USE /., ", // -'''-" /,---"", 9,9.1 The Owner may occupy or use any completed or partially completed portion of the Work / ' I '. .I at any stage when such portion is designated by separate agreem~nt with the )2:ontractor, provided such occupancy or use is consented to bv the insurer as requirechmder.ClaU:<;e 11.~r.5'and-..... authorized by public authorities having jurisdicti~n over the Work, Such partial occurrancy or use / may commence whether or not the portion is substantially complete, provided ~he Owner and/ Contractor have accepted in writing the responsibilities assigned to each of therrUor paym~n!s, retainage, if any, security, maintenance, heat, utilities, damage to the \"lork and i~surance: and ',-,-~~ ~_:-- /-"" I I \ ,; _/ / " I I WARNING: Unlicensed photocopying violates U,S. copyright laws and will subject the violator to legal prosecution.: 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. _._~---..-,. I I 9.9.2 Immediately prio~ to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the I area to be occupied or portion of the Work to be used in order to "-determine'and-record'th'el condition of the Work, / 9,9.3 Unless othenvise agreed upon, partial occupancy or use of a portion or portions of the _==---=-= =~V~rK-"".~~ll n~~ co,;stitute acceptanc7~f Work not complying with the requirements of the 1 1-"1 ~~tract ~~cuments. I \ / \ 9.10 FINAL COMPLETlONjANO\FINAL PAYMENT j 9.19,1 UbOl~ receipt of w/itten notide th~t }he Work is ready for final inspection and acceptance I ~nd llpoh receipt of a 9na1 Adplidation for Payment, the Architect will promptly make such i i ~nsbectioil apd, wh~n tl)~ Archi~bcyfinds tielV~rk acceptable under the Contract Documents and I I the I Contract fully ipe~formed}he Archi,te9t will promptly issue a final Certificate for Payment , I I ~tat:jllg tliat to th~/6)dt of the/AI~hitect;s }<'powl~dge, information and belief, and on the basis of I ,I Ih IAr 'h.1 I, (, "/ Id, I, J \AT k I bid' d ' I 'I t, e c ltect s on-,slte VISits/an msn, ectlOns, tile 'vOl' las een coml) ete III accor ance WIt 1 \ ' I I I I ' / I I, j I V/,~I L ~en1ls ancj c9n9it~ons of thje 9ontra5t pocume,~ts and that the eritire balance found to be due the r......" ,,""~orltractor ana noted in ,the final €ertificate is due and payable, The Architect's final Certificate -- is''''c Ip I V. '1'1 ' / I C IJ I I ", h d' . I' d' S b h " I' lor a, vme, nt WI constitute a lurt ler representatIOn t at con Itlons Iste III u paragrap 9,10,2 \ \ '---. '\ \' 'I I I /, ! / I " r", \ ~ as RTecedent to the CO{ltractor's being entitled to final payment have been fulfilled, ! \\ ,\".! / /J 1/ // ,) i \ I (- ~,) i, / / / / / / / ., / , , 1\ I I 9,10,.2\ NeIther final paymentrnor any remallllngl retall1ed percentage shall become due untIl the , II \ \ I f ( /~' If / ./ / . /, , , ) / Contractpr subn/17S to\ the ArchIt~et (1) ao/affidavlt that payrolls, bIlls for matenals and , equi~n~ehtl and bther indeb(edl~ss{onne~ted with the Work for which the Owner or the Owner's 1/ / \ ~ I 'I ...../ ./ /1 I / / prSI~rty n1ight ,b9 responsible pI' enc,umbered(less amounts withheld by Owner) have been paid v "\, /'-... . 1'\' I, fi d ( ) / / 'fi././ 'd I, h ' , d b I C /. V 'or ot lenVlse satls e, 2 ( a< certl Kate eVI encll1g t at II1surance require y t le on tract r----- ~/.....'D6c:u~i)t~ to!re~lain in foise\r(ter~final payn{ent is currently in effect and will not be canceled or allowed t~e~pire until allleast 30 days' wi~r written notice has been given to the Owner, (3) a written stdtemeilt that th: C6~tractor G~ws-of no substantial reason that the insurance will not I i 1,----' I be renewaole to cover theyer.iod required by the Contr:..acLD.ocuments, (4) consent of surety, iEany, to . final, lia+lent.l~d.,J'22: if . requir~~/b{ thy,chvner, ~ther d~ta esta?lishing ~aY~1ellt or satlsfactlqn of oblIgatIOlls,.SW.::l:! aSTeGelpts, releases and waIvers of lIens, clalllls, secunty lIlterests or encurribiancel a?ising out ;f'1Ife-60ntratt," tCl" thl extent and in such form as may be \ designat~d bythe'G~ri-er, If a Subcontralt0rYefu~0 furnish a release or waiver required by the \ 0 II" C\ ......... "-"f . I /:b ....d-/ ""c-, I 0 'd 'fy I 0 \ wner,!t le....,ontractor may' u.~s Ya on /satlslactoFY~ t le wner to 111 emlll t le wner \ againsl sJch lie~lf such I~N~l1lains unsatjsfied after payments are made, the Contractor shall I \ refund t6 the O\'vn6',allmoney/tBat1th-eJO\vI.Zer:may be coI'npelled to pay in discharging such lien, \ ' lid' \ I-I '\. d~ 'bl \ , c-~ _/ \........, 1I1C U 1I1g a costs an reason-a e attorneys lees:- v----- -'~I '\ j ...---- _..~ ' (\'\() n\ I 19h&,.3 (if, ,a fte;-SUostiintia I Qpl~on of the \^lork, final completion thereof is materiaily delayed \j \ / ii/;/ />- '-.../ '\ ' '\ , . "v ~_ ~througl~o-!:~.~It ~f)he Co~..t_~ctor o~y Issua~of Chan,ge ?rders affect1l1g final completI~n, I r - and-the\Archltect so cqnfirms, the,Qwner.shall, upon applIcatIOn by the Contractor and certlfi- II II cation\b~ the Ar~hitect,\and without t'erminating the Contract, make pa)'l1lent of the balance due \ J\ \ \." , , , , J for that portion ol\the Work fully completed and accepted. I f the remaining balance for Work not ~ full)'.c~mpleted-orJcorrecti(kis less than\etainage stipulated in the Contract Documents, and if ~..-ry . ----,,--.-- -.-- "'-.,..,--.bonds have been furlllshed, the wntten consent of surety to payment of the balance due for that '------1 I i I WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution, I I 'I 9111 " 0 0. ,0 o. ........~ o'~~~ c:::::::J @1997 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 r ~1I1 '> &7 0, .0 0', ...... ,'0 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,( 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; 1- ------ .2 failure of the Work to comply with the requirements of the Contract Documents; or I ,3 terms of special warranties required by the Contract Documents. I 1___ 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. \--- \_---, j\ ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY (r\ I / \ 10.1 SAFETY PRECAUTIONS AND PROGRAMS I \ 10.1,1 The Contractor shall be responsible for initiating, maintaining and sur.ervising all safety, \ \ precautions and programs in connection with the performance of the Contract. \ \ (/ \. \ \ \ ! \ \, 10.2 SAFETY OF PERSONS AND PROPERTY, I\.\ \ \ 10.2.1 The Contractor shall take reasonable precautions for safety irf, arid ~hall proVide reasonable protection to prevent damage, injury or loss to: \ \ \ \ \ ,1 employees on the Work and other persons who may be affected tf~reby;\ \. \ \ ,2 the Work and materials and equipment to be incorporated therein, whether in stor~g~ on or off the site, under care, custody or control of the ContF\Qto~or the dm\\\actor\ \ " Subcontractors or Sub-subcontractors; and ~ '" , \ \ \ .3 other property at the site or adjacent thereto, such as trees, shr~b0Iawns,\va!ks, \ d d 'I" d' d C \ '\.] " I ,\. \ /-- ,\ pavements, roa ways, structures an uti ItIes not eSlgnate 10\remOva,re ocatlOn 'oJ :'~ \ replacement in the course of construction. , ,',., '''", ~""'/;~ \\:; 10.2.2 The Contractor shall give notices and comply with apPlicable~~~'9rdinances>ru~es, \\\ regulations and lawful orders of public authorities bearing on safety of perso;)s...~pro, peit(Ylor , \ their protection from damage, injury or loss. \... "..."-...~ \ '~-........ " 10.2.3 The Contractor shall erect and maintain, as required by existing_ c~dition~~ . performance of the Contract, reasonable safeguards for safety and protecti~m, includmgposting, ,----_. \ - danger signs and other warnings against hazards, promulgating safet)h:~gulations and notifying~--""\' \ - ""- -~,., owners and users of adjacent sites and utilities. \'." \ .....'----~~~~-=--....---\ ~ 10.2.4 When use or storage of explosives or other hazardous mate~ials or~quip~;~r unusual ~---- methods are necessary for execution of the Work, the Contractor shall-exercisd utmost care and'./ '.. /' ........ ' r / carryon such activities under supervision of properly qualified pfrsonnel. """ -........./ / \ )/~\ // 10.2.5 The Contractor shall promptly remedy damage and 10~(0J.h...t:!:_Jhan d~ge l...OI:J~__/ / insured under property insurance required by the Contract Documents) to ~operty~ferred to in /;, . Clauses 10.2.1.2 and 10.2.1.3 cau~ed in w~ole. or in part by the Contr~(?(or, a SUbcan;racfOi',y (., ~ Sub-subcontractor, or anyone dIrectly or mdlrectly employed by any of them, or by anyone-for whose acts they may be liable and for which the Contractor is respon~ibl~;'ynder__.p~se~'!Q.b!..:2 and 10.2,1.3, except damage or loss attributable to acts or omissions of the O\vller or ArChitect 0'[7 anyone directly or indirectly employed by either of them, or by anyone for whosE)hcts either oy them may be liable, and not attributable to the fault or negligence of the 9ontractor. Tpe foregoing obligations of the Contractor are in addition to the Contractor's otlligations..-unCIer Paragraph 3.18. I WARN'NG, """~"'., pho'ocopy'" "0'"'' u.'. oopy"",' ,.., ",.m "bj." lb. "0.""0 '...' P=OC"'''''lP.--.. , \ \ \c \\\ \ \ (,') >>'" / I '---- 10,2,6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents, This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety, ~"-----l 10.3 HAZARDOUS MATERIALS 10,3.1 If reasoi1able preckutions will be inadequate to prevent foreseeable bodily injury or death -tb-p'ersoIls-resu1rirfg-frbl~l a material or substance, including but not limited to asbestos or -.----.'j)Olycfilorinafea.15iphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing th{ condition, immediately stop Work in the affected area and report the - .____.__ ,~ _~__h '_' _J condition to the Owner and Architect in writing, ' --_.______.~_Oo._, ,! \ ~O,3.2 The\Owne~ shall oilt~n the services of a licensed laboratory to verify the presence or I ~bdence 6f the material or/~ubstance/report\ed by the Contractor and, in the event such material i 61' ~ubstabcel is fouhd to be presJnt, to verif)f that it has been rendered harmless. Unless otherwise ~eqLired by the Cdntract/Docud1ents, the <0wner shall furnish in writing to the Contractor and I ArJhitectlth~ namJs and qualidcat'lons orlpe'fSons or entities who are to perform tests verifying 'I I II 1/ ,//\ the presence or absence of such matena1;op substance or who are to perform the task of removal I hI' safe c~n{ainm~nt/of such I~aterial c!r sub~tance, The Contractor and the Architect will ~ Li I I I II/hi 0 /, / .. / I, I h h ' 'h h bl b' , prompt y rep y to t e wner III wntll1g statmg w et er or not elt er as reason a e 0 jectlOn to 'thelpersonslorlellities pr6p,6sed b! tlie OwnJr, If either the Contractor or Architect has an ~ i b' I , \ I '/' / I, ! /, /d b h 01 h 0 I II h h o jectlOnlto a/person or entity propose y t 7 wner, t e wner s 1a propose anot er to w om ,S"the !Cont~act~~nd thfihitect/~a(,e no reas0l1able objection, When the material or substance " ~, h~,~\'n !,mj,red ha, rmJ6s, Wo{k/in theaff{c, ted a~ea shall resume upon written agreement of the Ow.ner\n:d <tontract6r!The Cbn&act Tin{el{hall bk extended appropriately and the Contract Sum L h \11 bl\/./ I d ,/ Ih I I 'f 'h/ kC" { , bl dd" I f h d s a e marease m'te~nount 0 It e ontraotor s reasona e a Itlona costs 0 s ut- own, deJa\; l\d 'ILut,uP'(~iCh a6m{"t(,haU ~f,wmpl;'h'd" prov;d,d ;n M;d, 7. . to.3.iYll'h' riues' "'~"~d by'I{.,;Q Own" ,hall ;nd,mn;Jy and hold h"ml,,, th, r~ C6~t[icto;' Su~cdntractors( Alchi~ec(Archite ct:f consultants and agents and employees of any of ~ h/ f:-"" \ d /, I ,\ \d/ / I' I d ' I d' b I" d t em rom an agall1st calms, am ages, osses an expenses, mc u mg ut not 1I11lte to attor- neys'fees\aXsi~g out of or r{suiting from p&formance of the \"lork in the affected area if in fact the material 6r substance bre'ntnl1e"Ifsk-of-bodily injury or death as described in Subparagraph 10,3.1 and~aJ not beel~t;.hd~less, prbvided thatsuch claim, damage, loss or expense is 'b bl' I b d'j'-' , j, k 'd' /' d~h I , , d ' f 'bl attIl uta e to 0 I Y IlljUry, SIC ness, Isease or, eat , or to 1I1 jury to or estructlOn 0 tangl e prop~rty dotl~er th;(nytheWor.1-itself+and proviaed that ~jch damage, loss or expense is not due I II I I' / f ---I~:' d t, ' to t 1e sje neg Igenc~arty see~ng-rn emmlY.:...:.-'''/ 10.4 . l?&--~~ll'n,ol'bues2h~n~" p"."g~aph 00., foc ma',,;,I, and .,uh,'anm brought to tHe'Zlte by the Contractor unless suchmatetla'ls or substances were requIred by the cont!act\nocumerits~ 0 ~ ~5/ If,\ithout~ligenCe,on thq5aiToffhe Contractor, the Contractor is held liable for the nQQ ('\ n ') ---~) (\ ( , " , \j J cost of ~emediation of a haz~ous material, or substance solely by reason of performing Work as L.1e~d!ea by the Oc;;:;u.act Documeds, the O\vner shall indemnify the Contractor for all cost and ?(~eXpens1h;;eDY\~ct!rr\~ ~ , " . 10.. \.~'RG'NCLES \...,"" .",.\ 107In 'an~emer~ency affec~~~y_~of persons or property, the Contractor shall act, at the ~eontractor's discretion, to prevent threatened damage, injury or loss, Additional compensation or Ul WARNING: Unlicensed photocopying violates U,S~ copyright laws and will subject the violator to legal prosecution, " , , I I ""'!IiI nil I <:> '1:7 o. .0- O. ..,. .'~ o'~ 'C)~ r:==:::::J @1997, AIA@ AlA DOCUMENT A201-1997 , GENERAL CONDITIONS OFTHE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue. N,W, Washington, D,C. 20006~5292 r nlll <> 0 O. .0 0'. .... .'0 o a::::;o ~ c=::::J @ 1997 AIA@ AlA DOCUMENT AlOl-1997 GENERAL CONDITIONS OF TH E CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, NW, WashingtDn, D,(, 20006-5292 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 wi\l;--- protect the Contractor from claims set forth below which may arise out of or result from thJtk' Contractor's operations under the Contract and for which the Contractor may be legally liable} whether such operations be by the Contractor or by a Subcontractor or by anyone directly orc-~ 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 01diseiase, or ge~th of the Contractor's employees; ! L ','..\ /..'\ .3 claims for damages because of bodily in jury, sickness or disease, or death of any IperSO!1 other than the Contractor's employees; " .4 claims for damages insured by usual personal injury liability coverag~; \ i .5 claims for damages, other than to the Work itself, because of inj~f)\t~\6r destt~~tion of tangible property, including loss of use resulting therefrom; i\ \>". \ \. .6 claims for damages because of bodily injury, death of a persdii0f\pr6pert.y9ahi:~-'e ari~ing out of ~wI:e~ship, maintenance or use ~f.a motor vehicl~;.,:;\ \ ~'~\ \ .7 claims for bodIly ll1Jury or property damage anslllg out of compl~te(h..bperatlol1s;,an " ' ," .8 clai,ms. involving contractual liability insurance applicable '~~'i~h~'~\;~~~tf~ctb/~~,,~ oblIgatIons under Paragraph 3.18. / '\,' .. \. \\ '\ \ \, ~ +', ' \ \ .. \ ' 11.1.2 The insurance required by Subparagraph 1J.J.1 shall be written f~r noCless~han lin';it~9f~;:'i\\ liability specified in the Contract Documents or required by law, whicli~Yerc~e[ag~ is~g5e~trrr \ Coverages, whether written on an occurrence or claims-made basis,-shall be maintainedwit~p1t ;- interruption from date of commencement of the Work until date 10('finaFpa1mintj~i;dL termination of any coverage required to be maintained after final paym~nL>;" '''"' ,. ,,~ \~., \,><~/.) 11,1.3 Certificates of insurance acceptable to the Owner shall be filed with, the.c\h~l;1e~'i'rjtizr commencement of the Work. These certificates and the insurance policies requited';;by t. Paragraph Il.l shall contain a provision that coverages afforded under th<; poli'(:ie/wiUndt be .". canceled or allowed to expire until at least 30 days' prior writt~!!... notice h~s bee~-glveJ1'to}h~~"",.~>,.~..".". Owner. If any of the foregoing insurance coverages are requ'~edt~-req1ainin, forc~afterfii1aC.~-"'1"'; payment and are reaso~ably a~'ailable, an addit~on~l certificat~~videncing\.contii1uatio~=.(=Xl~h \""i coverage shall be submItted With the final ApplIcatIOn for Payment,as reqymd QY Sy_bparagraph , \i: 9.10.2. Information concerning reduction of coverage on account of r~vi;ed Finifs,or$'claims"p~i<!-// k~";~ under the General Aggregate, or both, shall be furnished, by th~;::eQntrac\clr with'-r.easo9aBle// .,. .i~t :~':mPt::::':'::::L:: :~:::::::nt'"to''' ;ofo,m";on '~~l"f > ..~..<::i~ 11.2,1 The Owner shall be responsible for purchasing and maintaini;.1g-t11e-Own~(s usual / ,,;~~ liability insurance, // '/ : "" '<.-oc.2 I "j 11,3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE - 11,3,1 Optionally, th~ O\~ne: .ma~ require the Contractor to pu~chase and ma~n.tainP.r?J!CV Management ProtectIve LiabIlity lJ1surance from the Contractor s usual sources,.as prun:il.l'Y coverage for the Owner's, Contractor's and Architect's vicarious liability fQrconstru;s.tT5n operations under the Contract. Unless otherwise required by the Contract Documents, th-eOwner I WARNING: Unlicensed photocopying violates U.S, copyright laws and will subject the violator to legal prosecution '-' 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, --the-Owner, Gontractor-and Architect waive all rights against each other for damages, except such rights as they may have ito the proceeds of such insurance, The policy shall provide for such waivers af subrogatian bY, endorsement or atherwise, ' ___ __ _I -11.3:3 The-Owner shall nat require the Cantractor to include the Owner, Architect or other persans or entities asladditianal insureds on the Cantractar's Liability Insurance caverage under P ,uh" / --- aragtap 'iLl. (\ I I \ I~PR??~ERTY I~SURAN9E \ r \ , , , 11.~.1 Uj11ess oth~rwlse provided, toe Owner shall purchase and mall1tall1, 111 a company or I, "11[111 I "dld/b.I, I"d'" I'll P' 'I d compames aw u y aut lonze to 0 uSll1ess 111 t 1e Juns !Chon 111 w 1!C 1 t 1e roJect IS ocate , I I I,!, I '! ib 'lid ' ,/ k" II 'k" 'I I' C 'h ~ro:pert): f.n~~rance, wntjen on a! u/ er s r)s , a -ns or eqUlva ent po I~y 101:m 111 t e amount af ,the Irptl?1 Cantract' Sum, plus value/oh?ubsequent Cantract modI ficatlOns and cost of ~lalerialslsupplied 10.1' ~Astalled/biothers'!coi11p\rising tatal value far the entire Praject at the site ~)H i,a repiac~mentJco~t basis j(vithaut 6pdanal\ deductibles, Such property insurance shall be , ! '(d' I j Ih '! j 'd d! Ih, C 'D I' d" , (: rna1l1tall1T "un ess at erwIse proVI e IIIv1 e ,antract acuments or ot 1erWIse agree 111 wntll1g !' J!. III ,; Id ( " II I b I lfi' , I f h ' 'I fi I h b V --..; I ",y ~ ,persans an ;entltles w 10. are ene Klanes,' 0 'suc 1I1surance, untl ll1a payment as een /~ \-",b1a1e aspr~vided in Para~r'ph 9,16 cfr uritil. rJ~ person or entity other than the Owner has an L", I o(~"lnsurabl<in~"'7/t in the;IS~lperty/~nGired by/j~islaragraph 11.4 to. be covered, whichever is later, i '\ '\\ ,--~ T~ii\insuran}"e shall/il)Clude jinthests 9f' tIle jOwner, the Contractar, Subcontractors and ; \, \ SUb", -s~, bC,6n,tractars,iri the ProJ'ecf '/// ',! \ l) (tV {I / / / I '/,.. I ~i 114:\~,1\ Pfo~erty in~u~~~~~lsh~11 bJ,6;1/an "all-rj~k" 0.1' equivalent palicy farm and shall include, ,\\,(, ,j, \ / .. / ',,/, , i J wlthou\ !lmltat)(;m/ll1sUr~nC((3gall1s, t the perils of, fire (WIth extended coverage) and physIcal loss ! or dab1ake! including, without /dGplicatiarfaf/20verage, theft, vandalism, malicious mischief, /~"';91l~P~' e?rthqLtke, fl~ad'l{yl1dst,~n9al~w,a7k, testing and startup, temporary b~ildings and 0/''''''--~5bns~remaval/'ll1cluclll1g \del}10~lOn occasIOned by enforcement af any applIcable legal , \ \ / d I II \ ,/ bl ' / 'C Ar h' , dC' , ' 'reqUlrem~nts,}n s la, cav~r reasona e compensation 101' c Itect s an ontractor s servICes d " 'd' //} f 1'/ dl an 'expenses requIre as a'resu Lo _SUE 1'1I1sure oss, \1 )- _---, 114.1.2, rr! t~e Ow~g_ da~l~-i~~tend t<:/~rch~se-suCh-JProperty insurance required by the Contract ~n9 with allr2tthe_cQ,:!~ges iD,the amp-Gnt descrjbed abave, the Owner shall so inform the COl1trhdor in/,4,r.itingprior-,to_cmnmencement :af the'Work. The Contractor may then effect , ~ I f --_ f, /' , , insurance which <will, pratec,t the /inte, rests'-af the Contractar, Subcontractors and Sub-sub~anfract(;~'-.inthe--....Work, and/by (approm:iate Change Order the cast thereof shall be J 1'-. \. '-... --....,/ , /-, ___, , \ \ charged tp the Qwner, Ihl~ C;ontractor Is/damaged 6Y"~le faIlure or neglect of the Owner to ) \\, purch,lse! 0.1' ri1ai'11tain insural1ce as desclibedabove,.. \~ithaut sa notifying the Can tractor in w'ritil~g, then the"0~n~r shall pe~r a1T?ea~nable COSJs'IJroperly attributable thereto., -, "/ \ \" ---~ '--./ ~- \~-~ ---,~ \ '\ ' /-:-~-..... , , QQ(i ,(I1,.4:1;3(lf the~propgrty lI1S,Ural~ce/reqUlr,e s "dedi:J~tlbles, the Owner'shall pay costs not covered \ \ \. \ }beda6~e;of such ded,u ctible(s,_) ~ ,\' '-.J L/ 1/ (j f ) '-> ---'-~-- (/~\ ~- /---'-.._" ~_..~,/ / r ' 11.4.14 T, his property insurance shall cover partians of the Wark stored aff the site, and also. ;i .. portia\ls\ff the Work i~\transit. "\ ' \ \--.... \ \ ( )p '~I'-) ~, d\ , h IJ h h II ' 'I h -~-- I]}. 1:5 artla occupancy 0.1' use,ll1.,accar ance WIt aragrap 9,9 s a nat commence untl t e ~-- ~insurance company or companies providing property Insurance have consented to such partial _n__ n_] I ' i WARNING: Unlicensed photocopying violates u,si copyright laws and will subject,the violator to legal prosecution: (-''\ i I I I 1 \ \ ~ B'" <:0 0 0, ,0 - 0',"". .'0 o a:::;o 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 r Bill '" 0 o. .0 0, ,.... .'~ O'a::::;J:><::>~ ~ @1997 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 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 insurance- ----- shall include interests of the Owner, Contractor, Subcontractors -and Sub-subcontractors in thJ Work, and the Owner and Contractor shall be named insureds, ! l_ 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 th~,C(ontractor for loss of use of the Owner's property, including consequential losses due to fire/or other hazards / \ / \ however caused. , /' \ -~ --" \ 11.4.4 If the Contractor requests in writing that insurance for risks other than those de'scribeq herein or other special causes of loss be included in the property insurance policy, the 'Owner. \ \ \ shall, if possible, include such insurance, and the cost thereof shall be charged to the C~)Jltractor \ i ! \ \ \ ' ',I by appropriate Change Order. ! \ \ \ '\ \ (. I f d' h I) . .' d h 0" I . \ 1\ \ '1 \\ \ 11.4.5 unng t e roJect constructIOn pen 0 t e wner lllsures proper-tIes, rea 0.[ perso~a or \ ' both, at or ad jacent to the site by property insurance under policies separ~te fron~those insuring \ \ the Project, or if after final payment property insurance is to be provided on\he comb~~tedPr~jt~\ \ \. through a policy or policies other than those insuring the Project during/th\e\onstruct(~peridc!,\ '\ the Owner shall waive all rights in accordance with the terms of Subparkgrapll>11.4.7 foi\damage~\ \ \ caused by fire or other causes of loss covered by this separate propert'y ins~rince. J\ll se~arate \~,\, ", ' policies shall provide this waiver of subrogation by endorsement or othe~\~ise. .,,~, "-,' \'V--= \\, ", , , .... ~ \ I \\ 11.4,6 Before an exposure to loss may occur, the Owner shall file With t~~ C.?ntractor~ cQry..--oV \ each policy that includes insurance coverages required by this Paragraljh 11-.4:-Each policy shall \ contain all generally applicable conditions, definitions, exclusions and ~rdo;se~nt~ related\ to '\' \ this Project. Each policy shall contain a provision that the policy will not b~ canccled~r.aJh~fed . " \ to expire, and that its limits will not be reduced, until at least 30 days' prior written notice 'has been :\.", . "- , " given to the Contractor. , -, --_~~ ----\, '; \ ---:-- -, ! 11.4.7 Waivers of Subrogation. The Owner and Contractor w\live all-rights ~g~inst (1) each ot~e'r--___ and any of their subcontractors, sub-subcontractors, agents and\employees" each'oJ the ot~r"and:.......---\ (2) ,the Architect, Architect's consultants, separate contractors de~cribed iiI, Artic~~~iLany,aria \ \,,' any of their subcontractors, sub-subcontractors, agents and employees,-for'damages caused by fire /) ---- or other causes of loss to the e~tent covered ~y property insuran~_Qt>.t~i~e_d). p'ur~~:nt to ~his/~,- Paragraph 1l.4 or other property 1I1surance applIcable to the Worlv,except such,nghts as they have / to proceeds of such insurance held by the Owner as fiduciaf'y. The Owner '6r Contract&," as // appro~riate, ~hall require of the Architect, Architect's consultant;:sep~~'\:o,rrr;.a{,~~3 d~SC!ib~~J::./' 111 Article 6, If any, and the subcontractors, sub-subcontractors, agents and e)nploy~es of any of /' them, by appropriate agreements, written where legally required for vali9it(similar \~ivers'ea'"r \.,--->~....---' in favor, of other parties enumerated. herein. !he policies sh,all zI'lrovide such ),,{ive'rs,.Of C. \ subrogatIOn by endorsement or otherwise, A waiver of subrogatIOn sh'!Q.. be ~ectJve ~_s_t..(L~ ./ person or entity even though that person or entity would otherwise have a duTY of ind6imifica- f j,' tion, contractual or otherwise, did not pay the insurance premium directly or indirectly, and / , whether or not the person or entity had an insurable interest in the property danYlged. / ( '. ~ --- ----"""' . .-- I r-- -- ! WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the ,violator to legal prosecution,i - , 11.4,8 A lass insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable ta the Owner as fiduciary far the insureds, as their interests may appear, subject ta requirements .of any applicable martgagee clause and.of Subparagraph 11410, The Cantractar shall pay Subcantractars their just shares .of insurance proceeds received by the Cantractar, and by appropriate agreements, written where legally required far validity, shall require Subcantractars ta make payments ta their Sub-subcantractars in similar manner. ---11~4:9-Ihequired-in-writing by a party in interest, the Owner as fiduciary shall, upan .occurrence .of an insured lass, give bhnd for proper perfarmance .of the Owner's duties, The cost .of required bands shall be charged ~gainst praceeds received as fiduciary. The Owner shall depasit in a ----separate'a'ccalint-proceed's sa received, which the Owner shall distribute in accardance with such agreement as tn~ pa~ies in interest may reach, .or in accardance with an arbitratian award in which case the procedure shall be as provided in Paragraph 4.6. If after such lass na ather special -. ------- ---- -/ agreement is macle and unless the Owner terminates the Cantract for canvenience, replacement of damaged propefty shall beferfarnfecrQY the Cantractar after natificatian .of a Change in the ftTfman1ewithticr 11 . 1 11.4.10 The (i)wned" fiduciary sha II have pow" to ad jusI and set Ll" loss with ins",,", unless one If Ih I. I . ,i II II 'b' !. I. . . h' fi d f f I I ate partIes 111 lI1terest. s 1a a ject 111 wntll1g WIt 111 Ive ays a tel' .occurrence a ass ta t le 01 \ ,I I. \ f h.l I.lf h/I L"'" . d h d' 'h 'II bid . 1ner s exerCIse 0 t IS pawer; I suc aUjectlOn IS ma e, t e Ispute s a e resa ve as &rorided lin I)aragdph/4.5 and/4l The 0w'ner ~s fiduciary shall, in the case .of arbitratian, make 1 1 I I.h.j / ' / / d / /.. h'L., f h b' If d' 'b' f sett ement WIt lI1surers 111 accar ance /Wlt ulrectlOns ate ar Itratars. Istn utlOn a ,I I I! (II II. b' /, / .; , d h' b' '11 d' h d' 'b . L rs\,rancel PTC77uy ar ;at1On l~?lnre '~l ar Itratars WI Irect suc Istn utlOn. _ ""'-11.5\ PERF?/RMANCE aqNO{NO PAYMENT aqNo S'lp,'l TBe O\\(ner shall iave tJfe;?ight ta;lequire the Cantractar ta furnish bands cavering ,. ......,. \ I / I I I / / I \ ,. . . , , in \bi1\~il}g (equire7~p(s a/l{p/:/~ifi/~eqUJl"'re,,d' in the Can tract Dacuments an the date .of Z executia? .of the C.ontractv / / ,. . ' , \\ul ( I ' / ;\ f! r. . b . I b fi' f b d ' 11,5.2\' pan t le request a any persan .or en, tIty~appeanng ta e a patentla ene !Clary a an s cavering~pkymJn{ .of abligatiafuarisin~(uiide'il the Cantract, the Cantractor shall promptly /\. /'-.. /':--- _\ I 1 f 7 / ./ r, ~'~V)lhe bonds 0?'7py to be made. ARTICLE 12 UNCOVERING 2.CORRECTlON.OF WORK I I I __________ ) 12.1 UNCOVERING OF WORK " If I I, f ~\Af k' d '~hAr-' h' , . 12,1.1, ' ~ P?rt1On p ~t~--::.:ar IS cavere7cantr;F~, ta t e) c It~Ct s ,requ~s~ .or ta reqUlren~ents speCIfically ~xpres~ed'lI1_t~antractPacuments,lt must"lf required 111 wntll1g by the Architect, be uncavdreo far th/Architect'sexaminatian add be rel)l~ed at the Cantractar's expense withaut change l t~ntr~ime./ 0 ~' 12.'.2 JIfj:po;ti~n of ~k has b"~ich the Ac,hi",t has not specifically :equepted\ta ex'a~ih~ priar ta its)being\ cbv~red, the A~hi{e.ct ~nay request ta se.e such Work and, it shall be uncavered'-by-the~Cantractar, If'such-Wark IS 111 accordance With the Cantract ..........~Da!ument~,~astsaf'uncovering and~reJ5l~fcem~nt shall, by appropriate Change Order, be at the n n n rqW'Tl'ef'~expen,se:-lf-sJCh @ki{;;atinaccordancewiththeCantractDacuments,carrectian ~ \j \j L.~h~IlJ~e at the C~ilfractar'sexPen~\unless the can'ditian was caused by the Owner .or a separate 7 ( ,"nt')t~jVC~llb,.reSfonSible fm payment of such ,"sts ~~ . .' --I WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. I' , I 1 e'll <:a 0 O. ,0 O. ...... .~ O.'X:::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 f Rill '" 0 0, .0 0'. .u. .'0 o CC,.::l c c=::::=J @1997 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 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 th~ date of Substantial Completion of the Work or designated portion thereof or after the date fo;' ---.--. 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 ,s~all correct it promptly after receipt of written notice from the Owner to do so unless/th~\ Owne~,~as Ir~ previously given the Contractor a written acceptance of such condition. The! Own'~r shall give I such notice promptly after discovery of the condition. During the one-year period fdr cortecti6,n I of Work, if the Owner fails to notify the Contractor and give the .contractor ,an oppprt~nity t~ make the correction, the Owner waives the rights to require correction by the \:ontradoil and td\ I make a claim for breach of warranty. If the Contractor fails to correct riOncbnforrriing Work \ I within a reasonable time during that period after receipt o'f notice from t~e (\v'ner or ~c'~itect, \ I the Owner may correct it in accordance with Paragraph 2-4. J \ \ \\ \ \ \, \ \\ \ '\ 12,2,2,2The one-year period for correction of Work shall be, ,xt,nd,d wil" ",p"~tJ-p",,i~' V \ \\ Work first performed after Substantial Completion by the period of tim~ betwee'h Sl,lbstant~l \ Completion and the actual performance of the Work. (~\ ~ \ \ \ 12.2.2.31'h, on,-ym p,riod fa, co""tion of Wo,k ,h,1I not b, "1,Ad,d ~o.,,":;;' w;\or~ \ . performed by the Contractor pursuant to this Paragraph 12.2. \ ,," , \ /k,,~ \ ' \ "",. \ J~ \' 12,2.3 The Contractor shall remove from the site portions of the Wqi,k",which\r<::'nol",tnJ, \\\ accordance with the requirements of the Contract Documents and are !neitherwrrected'by\the ' Contractor nor accepted by the Owner. \\ ........,~~~"J ) , \. \ " ~ (\ 12.2,4 The Contractor shall bear the cost of correcting destroyed or danlaged constru<;:tion, " whether completed or partially completed, of the Owner or separatecontracto'i=SJ:aused-by,tl1e Contractor's correction or removal of Work which is not in ac~~~ce with,the req~irement~ d[ the Contract Documents. \. " \ ..:::':0, -\ 12.2.5 Nothing contained in this Paragraph 12.2 shall be co;~tru.~d to~'establish"a:'p~i~~) \~'- limitation with respect to other obligations which the Contractor mig-hthaveunder the Contract "-'''/, /~-- \. / "- // / Documents. Establishment of the one-year period for correction-~6f--WQ.rk as'des,c!,ib.>d/i9// / Subparagraph 12..2,2 re~ates only t,o the ~pe~ific o.bligation o~ th~oritractor tci'c~rrect the~Wofk, . / / and has no relatIOnship to the tIme wlthll1 whIch the obligatIOn to'compl~wlth/the €..9ntract / / Documents may be sought to be enforced, nor to the time with~which'proceedings nlay-be-// commenced to establish the Contractor's liability with respect to the Contfactor's'opligatj,ons ' other than specifically to correct the Work. / l l) '--.........:..-- <." ,/ 12.3 ACCEPTANCE OF NONCONFORMING WORK ,'/ /-----~. 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of / the Contract Documents, the Owner may do so instead of requiring its removal jlild correction,,' in which case the Contract Sum will be reduced as appropriate and equitable, S~ch adjust!.gent shall be effected whether or not final payment has been made. \.___~_-S I i w_,"G,"""~~d pho........ ,i"".. "'. "",i," ,.W, ... will "~K' .h. ,Io';W' "'...' P~K""'! , '\ 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 ~'---representatives-of-such-other party in respect to covenants, agreements and obligations contained in the Contract Documknts. Except as provided in Subparagraph 13,2.2, neither party to the Contract shall assign the IContract as a whole without written consent of the other. If either party --- -~u-attempts-to-make-such-ari assignment without such consent, that party shall nevertheless remain -legally resp()nsi/5le-f()Y~]] obligations under the Contract. , / ------13~2~2-The-Owner may, without consent of the Contractor, assign the Contract to an ------ ~---'- (' institutional lender providing construction financing for the Project. In such event, the lender shall assume the dwner's rifhts and oblig~tions under the Contract Documents. The Contractor (h )11 (\ II: I \ bl / . \d C 'I' h' ~ a exe(;ute a cOisents reason a y reqUIre, to laC! Itate suc assIgnment. I I I' I / ) j, "j' It3 W~ITiTEN N9T1CE / ' 13,31.1 Written notice shall be ;C1eemed to hm',e been duly served if delivered in person to the l .I d" 'd I] I I b I f h fi / ;. I \ ffi f h . C h' h . 1I1 IVI ua or a mem er 0 t e/ mn or entity or\ to an 0 Icer 0 t e corporatIOn lor w IC It was I I intclnded,lor if deliJerid at or sen(by regi~t/red or certified mail to the last business address known , I' h) 1../ I. II!;/ I y-J _ r t'l e par r?n~lotlcej / / / // ~" ------.13.4 RIGHTS AND REMEDIES / LS'13.411 DilititVs ind obli6ti~ns imp,osed by .the~Contract Documents and rights and remedies a~aiJjble {hereGnder shall/be in/~ddition tolanB n6t a limitation of duties, obligations, rights and "d;"" I hi ' . / / d / / '1 bl b/ /( ), , reme Ies,ot erwlse Impose or aval a e' yaw, \ \;/1 I / t.- / / ~ " - , 13,4\2 \No'action/or-fail~e to a<7~ne Owner, Architect or Contractor shall constitute a waiver of, a '-rigHt Ilor dut! afforded"-th'envCnder the/Contract, nor shall such action or failure to act ~ \\ ! 'I f ~,/ '/b / I II d b'fi II d constlt~te approva 0 or acquIescence Ill-a reac 1 t lereUI1 er, except as may e speC! Ica yagree /~ ,/""i.n~,~hgr J / ( ~7" " r "'~/ '\ \/ ) \';/' " 13.5 TESTS AND INSPECTIONS/' , 13,5.1 Te~ts, \ inspections Gncl-appr02illLof-portiol1s of the Work required by the Contract Documen~s pr by laws~_.....brdi~ rules, rtgulatiOllL9-L orders of public authorities having jurisdictiol1 shall be!ma9E~tJan appropriate,fime/BTIfess oth1erwise provided, the Contractor shall ak I I C --1..- . /. 'd / I . I'd d . m, e arrangements j'or-zsucll tests,-lI1spectlOns an agprova s WIt 1 an 1I1 epen ent testll1g laborator? otendy~ceptabktot'1e-0'Jner, o{.~].Jhe' appropriate public authority, and shall bea{"all/elated-costs of,tests, inspections af1chapprovals, The Contractor shall give the Architect , I / . "f h "'----... 'i--.d h / d"'/. ", b d h I A h' tune y notICe (') w en an were tests an ll1SpectlOns,are to e ma e so t at t le rc Itect may I I ~ " "'-...............' /,.' '----.. be present for,such procedures, The Ow<ner.shall bear, costs of tests, inspections or approvals whicl{ d6\not b~Orll~tS15il aft:C~re{eived or negotiations concluded, ~ I If Ii Ar I~ 0 bl'--'I ., " . . 'd" d . h -. 13:5:2 t e c lltect, wner or pu IC aut 10ntles laVll1g Juns ICtlOn etermme t at portIOns Q Cl Q !\f (,Ih rUT k "'-----.- ~.ld' ,( "'I (., . ",-, I . I d d d S b h }o t e; vjor reqUIre au ItIOna r testll1g, mspectJOn\or approva not mc u e un er u paragrap ) LI~J(' ule Architec1Will, up~ writien authorlZatio~' from the Owner, instruct the Contractor to I r--~make\afu~erlts'fO\SUCh-additiol,l~I'testing';"ifupection or approval by an ent,ity acceptable to / , the OwAer, and\he Contractor shallgive timely notice to the Architect of when and where tests l and in\Pkctions,~,re to b\ made so thai\the Architect may be present for such procedures. Such costs"ekcipt-as_pro\ided i~S~paragrap.h 13,5,3, shall be at the Owner's expense, --......~./' ------------ ') I I Ii I I I 1 I WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. I 1 9111 "" 0 0, .0 0-.'"'''.-0 ot:J:::j:!i-::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 f 9111 '> 0 0, .0 0..........0 o a::::o c 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 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 Contrac~ ". I " Documents, the Architect will do so promptly and, where practicable, at the normal place---- of testing, \_ ' 13,5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made pwmptly to ",oid um,,"son,bk d,],y in tbe Wmk. ( \ 1'0,-- 13.6 INTEREST , \ (\ I 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from ~he dat~ I' . d h h' ' . . . h \b \ hi f \ payment IS ue at suc rate as t e parties may agree upon 111 wntmg or, m tea sence t ereo , at\, I the legal rate prevailing from time to time at the place where the Project i(ridc\aie\d' \ \ . ~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 0ccurring prior to\ the relevant date of Substantial Completion, any applicable' statut~ of limitations shah . \ commednclel to run and any ahlleged cause of afction shall be dlem~a~o hav~\\\rued in:\ . \ any an a events not later t an such date 0 Substantial Completion; , \ . .2 Between Substantial Completion and Final Certificate for\pay~n'r: As to acts or ' .:..::"'Z ' \ \ failures to act occurring subsequent to the relevant date of Substantial CSompletion and'--""\' prior to issuance of the final Certificate for Payment, any\applicable 'statut.i~'cJf fl limitations shall commence to run and any alleged cause of aGtio';\'shall beae6ned to \" , >--- "'" '~/' have accrued in any and all events not later than the date bf issuance of the final Certificate for Payment; and \ ~) ~ " \ .3 After Final Certificate for Payment. As to acts or failures to abt occurring~after the \ r~le:van.t date of issuance of the final Certificate for Payment, a~y 'irp~~ ~hltl.i~'Zf " ~ [mutations shall commence to run and any alleged cause of actlOD-shalLbe oeemeo to have accrued in any and all events not later than the date of any a\:t or fai~ctl b~ ' the Contractor pursuant to any Warranty provided tfnder:P~iagraph'3.5, the date of lny~~" "",: correction of the Work or failure to correct the Work BY-;.he Contrilctor ~hder'PaYagraph~ ~". 12,2, or the date of actual commission of any other act of,failure_t6 performai1Y'duty or ' . obligation by the Contractor or Owner, whichever occurs~.____ Cl ~, ' / ~ (' ~ -'--/ 7~ ARTIClE 14 TERMINATION OR SUSPENSION OF THE CONTRACT ~ ~> (0) ///~ /, , 14.1 TERMINATION BY THE CONTRACTOR -- ,,_/ ~ / 14.1.1 The Contractor may terminate the Contract if the Work is stoppe~foraperio<i'of 30 con- ' - secutive days through no act or fault of the Contractor or a Subcontractor, Sub-subcontfac{or dr their agents or employees or any other persons or entities performing p'ortions o~Work u';:;der 0 direct or indirect contract with the Contractor, for any of the following ~asons: ~-57 .1 issuance of an order of a court or other public authority having jurisdiction which t requires all Work to be stopped; !' .2 an act of government, such as a declaration of national emergency w\:iich requires all - ----~ Work to be stopped; I' W....,NG' ",lkm,od ''''''~PY'''' .;0''',".' "",rig'" I.."" .m "bJK"'''''O''M .. '...1 ,,,-,,,,,/ . ..';. .::' , [ .. .' ,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. 14:1:2- The-eontractornpy terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, subisubcontractor or their agents or employees or any other persons or entities performing porti:ons of the Work under direct or indirect contract with the Contractor, repeated-sl.lspensions;"delays or interruptions of the entire Work by the Owner as described in Paragraph 14,3 constifute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less, ' ,_______ ___,_1 14,1.3 If one of the reasonsrdescribed~Subparagraph 14.1.1 or 14.1.2 exists, the Contractor may, vpon seven\days' J,ritten noti2e to thJ Owher and Architect, terminate the Contract and recover frob thi Owner baymen! for \Wor~ exec~ted and for proven loss with respect to materials, I 1,\ I I ! d f '7' I d I' 'I d' bl h d eqlPP,m,ent, too s, a. n constructIOn e qUlpmell, t an mac 11l1ery, mc u mg reasona e over ea , I I I I' \ /) / profit and damage~, / . , ' k ~.114 If th~ wo,~;, JOPPed /O! ' P"i~tr)y W"","tivo d,y' thwugh no oct 0' f,ult of the Contract0r or a Subcontractor;or their agents}'or employees or any other persons performing , poriions bf :the ;Wo/k unde/ contractlwith the Contractor because the Owner has persistently fail&d to fulfill;thl Owner'! ?bligat}~,/ under the Contract Documents with respect to matters ~imdortani t6 th/progres/of the '1Vol'k, th,e Cohtractor may, upon seven additional days' written J I h 1/01 & '1/ Ar h' I / '. h C d Ii h 0 notIce to it e wner anu / Ie e Itect, termll1ate t e ontract an recover 'om t e wner as I' . plo~d'd r tP77h // hi) \ 14.2 v'\RMINATlON"HH' OWN'MOR CAUSE; 14,2~'1 \~hel Owne{ may\tXnlinate-thetontracVif the Contractor: , \ '1~ ~ersisfe?tlY or\e~eatf~ll0-efu/, o,{fails to supply enough properly skilled workers or ~ Groper materials) ( //) ~~/~2 fails io;hlake paypIent to'Subcon, tractors for materials or labor in accordance with the \ / ' \ \~b/./' h r/ d I S b ' ' respective agreements etweent e ~ontractor an tIe u contractors; 'v./ I d' / d/ I d./ I I'd fbI' ,3 persistent)' Isregar saws, or 11lances, or ru es, regu atlOl1s or or ers 0 a pu Ie hu~hority havin~ jU;isdicli~-:J ;4 6tHerwise :~~ of sub~ntial breach of a_provision of the Contract Documents, 2 whl / If 'h <-~b / I ~O ,} 'fi' b h A h' h 14..2 , en any 0 t e-a oye re'asons~eXlst, tIe wner, upon certl IcatlOn y t e rc Itect t at sufficienJ duse-ixdts to ju~h:-actionLmay.......~iihout prejudice to any other rights or remedief of,the-Ow'l~'and after giving,,(h[(:ontractor and the Contractor's surety, if any, seven d ,,/.,," , "-..,.~ 1./ '-1- Ii~C' - d b' " h ays wntten notICe, tennlI1ate,~p oyment od e: ontractor an may, su Ject to any pnor ng ts of the iu/ety~~ ~ ----- { , , ' > J ,1 ( take possession of t~ site-anCl'of a,ll m, aterials, equipment, tools, and construction , \, "-.. "'-.... J-: \) ~,_ ./. eqUIpment and-madlll1ery'tllereon ownea by the Contractor; .2 a2c~pt assi~nmenLof subeo~pursuant to Paragraph 5,4; and Q Cl n D, D [J finishtn~ V\iork byJhafe\,er reasonabl~zethod the Owner may deem expedient. Upon \) , (,r,~e,'( 09the, Contra~tor,~he Ow~shall ,furni~h ,to the Contractor a detailed 7 C . _ ~ \ ""ountmg of-the w't~m,"",d'by.th, OW"" m fim,lung the Wo,k 14.2.3 When ~ O~" t"min~\ the Contc"t fOl one of the """''' "'led in SubR.arag~h-14.2} the C~ltractorshalLnot be entitled to receive further payment until the Work .- .........---------- is~finished, -.. l WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution, I I I 8111 ~ D Oa .0 0....... .'0 o ll:;:::O ~ c:=:::J @1997 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 Rill <> 0 O. ,0 0', .". ,'0 O~I:) c:::=l @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,(, 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 r----- 14.3.1 The O",:ner may, wi~hout cause, order t~e Cont~actor in writing to suspend, d~lay or intert, . rupt the Work 111 whole or m part for such penod of time as the Owner may determme, -- ----- ~- 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. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: / \ (\ .1 that performance is, was or would have been so suspended, delayed! or interruBted py another cause for which the Contractor is responsible; or 'I \ (i \ .2 that an equitable adjustment is made or denied under another'\ proviiion of th~ Contract. \ \ \ \ r: \ \, ' , \ \ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE \ \ \ \ \ ;., 14,4,1 The Owner may, at any time, terminate the Contract for the Owner's convenie~ce\and \ \ without '""" \ \ \ \ \ \ \ 14.4.2 Upon receipt of written notice from the Owner of such termination fo>t~ ownh's\ - \ \ convenience, the Contractor shall: . r- \ \\\ \ \ .1 cease operations as directed by the Owner in the notice; I ~~ \ \ ~\ .2 take actions necessary, or that the Owner may direct, Ifor the~~otecti()\~\and \", preservation of the Work; and \ ""~ \ ~ \ .- .3 except for Work directed to be performed prior to the effective"date of'..tern~nati9nl\\' stated in the notice, terminate all existing subcontracts and purchase order'i'and'enter ) "'-, '" ~ / into no further subcontracts and purchase orders, \ ''.~'-......., \ '\ \ \ \ .,,~~ \) \ \. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shaIrbe e~tled \\ to receive payment for Work executed, and costs incurred by reason of such'terminatiod,\,ai{)Jlg , with reasonable overhead and profit on the Work not executed. I-~-'::", ), r---', \ -~~=~,: \ ~'-.... -> .', \",,' , \ "-..---:=.=-=---'\ \' "-. , J ,..--' \ ":.,,, (~~~~ ~_/ I~J "-_~! //- .._~.~/ ~") (.-::-, ( / U f'\ '.. / --. \.. ,../ -------~ /-- - -----, ---- / /.1 / / / / . L L. i i . I l--~ 'tit WARNING: Unlice~sed photocopying violates U.S. copyright laws and will subject the violator to legal prosecutionJ I i