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HomeMy WebLinkAbout91-96 RESOLUTION• RESOLUTION NO. 91- 9 6 A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $309,600, PLUS A 5% CONTINGENCY, TO RED DEER, INC., FOR PHASE I CONSTRUCTION OF THE CRYSTAL SPRINGS GIRLS SOFTBALL COMPLEX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a contract in the amount of $309,600, plus a 5% contingency, with Red Deer, Inc. for the construction of Phase I of the Crystal Springs Girls Softball Complex; and authorizes the Mayor and City Clerk to execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 6th day of August , 1996. Traci Paul, City Clerk APPROVED: By: Ffed Hanna, Mayor A. 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D .v. u_ 0 c vv y y L oD cbco aC v 0 c8 U c� y v C)44:= C 0I- 8 0 O = u a t 0 y D .c0E Cv o° 0 O -6 >> = c TD y h v s 4 oo- TD C = 0.1 � T y = FW • 0 5 oo p €E$E X50 D o C � L°a •-•-"E0 0 00c e irts,ac ono�5o N U 0 A 0 Pa n m ay oOL tcU c - n- 0. 0eiz)T w mo ° x N e u Bo a° y D h E0 n "EE ?ox CI U .v. oc° 0 c n a y h y 0 c z E 5 V c 0 v t 0 .N. a E T ti 0 V 6 s 0 u D E u au o o r.u a ui aL. u co r m y a a5 o 01 E8 y 0 • U • 2 cc0 rnZ • > oy ram 2 O w iv §N 0^ aF a 0 LL _<co < z LL 00 aLL a1- HF co N Z 04 T H E A M E B I C Alp INSTITUTE • F ARCHITECTS EXHIBIT A AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, 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. AGREEMENT made as of the Si y1-4 Nineteen Hundred and h ine i' y -S/ X. BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) The Project is: (Name and Location) The Architect is: (Name and address) day of A by (AS >t in the year of City of Fayetteville 113 West Mountain St. Fayetteville, AR 72701 Red Deer Inc. P.O. Box 691 Springdale, AR 72765-0691 Crystal Springs Softball Field, Phase I South Salem Road Fayetteville, AR Perry L. Thitcher & Associates P.O. Box 2076 Rogers, AR 72756 The Owner and Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAet • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A101-1987 1 • • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of cer- tain portions of the Work, if not stated elsewhere in the Contract Documents.) 100 Consecutive Calendar Days after date of commencement , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating In failure to complete on time.) The Contractor and his Sureties shall be liable for and shall pay to the Owner the sum of one hundred dollars ($100.00) per day for each calendar day of delay beyond the date of Substantial Completion, until such project be completed or accepted by the Owner, provided however, that such damages are not assessed against such days as •rovided for and -r Ili -A -• •s AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A101-1987 2 • • ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Nine Thousand and Six Hundred Dollars traXCq _inn tnp ), sub ect to additions and deductions as provided in the Con - 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. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 4.3 Unit prices, if any, are as follows: UNIT PRICR.S FOR CLAY -GRAVEL STRUCTURAL FILL Where quantity of clay -gravel structural fill required is more than indicated c on the bid documents, as certified by the Architect and soils Engineer, add -Eight Dollars and Seventy - two Cents Dollars ($8.72) for each cubic j,1 yard of additional fill required. Where quantity of clay -gravel structural fill required is less than indicated on the bid documents, as certified by the Architect and soils Engineer, deduct Eight Dollars and Seventy- two Cents Dollars ($8.72) for each cubic yard of fill not required. UNIT PRICES FOR ROCK EXCAVATION Where rock in size of one-half cubic yard.orclarger._is encountered that requires use of airhatmners for excavation, add One Hundred Ten Dollars ($110.00) for each cubic yard excavated. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A101-1987 3 • • • ARTICLE 5 PROGRESS PAYMENTS 5.1 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. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the Last day of a month, the Owner shall make payment to the Contractor not later than the twenty first (21st) day of thefollowing month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty (30 ) days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents, The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and 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 he used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Suni properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of t percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may he included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ten percent ( 10 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety Five percent ( 95 %) of The Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions, 5.8 Reduction or limitation of retainage, if any, shall be as follows: Of it is intended, prior to Substantial Completion of the entire Work, 10 reduce or limit the rrtalnage resulting from the percentages inserted in Subpara- graphs 5.6. h and 5.6.2 afore, and this is tot explained elsewhere irr the Contract Documents, insert here provisions for such reduction or !indication.) Upon fifty percent (50%) completion of thb contract, no further retainage will be withheld from monthly payments. Retainage shall be held in escrow per Arkansas Statute 22-9-604. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A101-1987 4 • • ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAe • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyrlgM laws and Issublect to legal prosecution. A101-1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated June 14 t 1996 , and are as follows: Document Title Pages see Attachment "AEI 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and arc as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages see Attachment "At: AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAe • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A101-1987 6 • • 9.1.5 The Drawings are as follows, and are dated QJtber list the Drawings here or refer to an exhibit attached to Ibis Agreement) Number Title see Attachment "B" 9.1.6 The addenda, if any, are as follows: Number Date 1 June 28, 1996 unless a different date is shown below: Date Pages 2 with attachments Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA0 • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A101-1987 7 • • 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, instructions to Bidders, sample forms and the Contractor's hid are not part of the Contract Documents nnksS enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER •ty of (Signa tire) F,3yetteville Fred ijani a, (Printed name and title) AIA N14 y/o» CONTRACTOI( Red Deer, Inc. (Signature) a,./4// (Printed name and title) CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIAe • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A101-1987 8 SECTION 00010 00100 00200 00300 00400 00800 00830 00860 • • CRYSTAL SPRINGS SOFTBALL FIELDS, PHASE I TABLE OF CONTENTS Attachment "A" TITLE Invitation to Bidders Instructions to Bidders Information Available to Bidders Conditions of the Contract Supplementary Conditions Wage Rates List of Drawings Item No.1 DIVISION 1 - GENERAL REQUIREMENTS 01020 01340 01500 01700 DIVISION 2 Allowances Submittals Temporary Facilities Project Closeout - SITEWORK Addendum #1: Replace SECTION 00300 in its entirety with revised Section 00300R (attached). Note change on the table of contents. 02100 Site Preparation 02200 Earthwork 02222 Excavating, Backfilling and Compacting for Utilities 02230 Pavement Base Course 02511 Asphaltic Concrete Pavement 02580 Pavement Markings 02645 Fire Hydrants 02930 Lawns and Grasses 02950 Trees, Plants, and Groundcover DIVISION 3 - CONCRETE 03100 Concrete Formwork 03200 Concrete Reinforcement 03300 Cast In Place Concrete 03375 Concrete Curing, Sealing, Hardening and Dustproofing DIVISION 4 N/A - MASONRY Table of Contents -1 SECTION 00860 LIST OF DRAWINGS Attachment "B" PART1 GENERAL 1.01 SUMMARY A. Section includes: 1. List of drawings which are included as part of the contract documents: SHEET NUMBER DESCRIPTION Site CVR C1 C2 C3 C4 C5 Cover Site Plan - Phase I Grading/Site Plan - Phase I Enlarged Grading/Drainage Plan - Phase I Cross Sections + Site Details - Phase I Landscaping - Phase I END OF SECTION 00860-1 • • INSTRUCTION SHEET FOR AIA DOCUMENT A201, GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION -1987 Edition A. GENERAL INFORMATION 1. Purpose AIA Document A201, a general conditions forms, is intended to be used as one of the Contract Documents forming the Con- struction Contract. In addition, it is frequently adopted by reference into a variety of other agreements, including the Owner - Architect agreements and the Contractor -Subcontractor agreements, in order to establish a common basis for the primary and secondary relationships on the typical construction project. 2. Related Documents The current edition of A201 is incorporated by specific reference into two AIA Owner -Contractor agreements (A101 and Alil) and several AIA Owner -Architect agreements (13141, B151, B161 and B181). It may also be adopted by indirect reference when the prime Agreement between the Owner and Contractor is adopted into a Subcontract, such as AIA Document A401, or when the prime Agreement between the Owner and Architect is adopted into Architect -Consultant agreements such as AIA Documents C141, C142 and C161. Such incorporation by reference is a valid legal drafting method, and documents so incorporated are generally interpreted as part of the respective contract. The Contract Documents, including A201, record the Contract for Construction between the Owner and Contractor. The other Contract Documents include: Owner -Contractor Agreement Form (i.e., A101 or Alll) Supplementary and Other Conditions Drawings Specifications Modifications Also included in the Contract Documents are addenda issued prior to execution of the Contract and other documents listed in the Agreement. The A201 document is considered the keystone document coordinating the many parties involved in the construction process. As mentioned above and diagramed below, it is a vital document used to allocate the proper legal respon- sibilities of the parties. General Conditions Owner -Contractor Contract for Construction Contractor -Subcontractor Contract for a Portion of the Work Owner -Architect Contract for Design and Administration Architect -Consultant Contract for a Portion of the Services The AIA publishes other General Conditions that parallel A201 for the construction management family of documents (AIA Document A201/CM) and the interiors family of documents (AIA Document A271). For certain federal projects, the AIA publishes Federal Supplementary Conditions (AIA Document A201/SC) for use with A201. 3. Arbitration The A201 document incorporates ARBITRATION according to the Construction Industry Arbitration Rules of the American Arbitration Association. Arbitration is BINDING AND MANDATORY in most states and under the federal Arbitration Act. In a minority of states, arbitration provisions related to future disputes are not enforceable, but arbitration is enforceable if agreed to after the dispute arises. A few states require that the contracting parties be especially notified that the written contract con- tains an arbitration provision by: a warning on the face of the document; specific placement of the arbitration provision within the document; or specific discussions among the parties prior to signing the document. Arbitration provisions have been included in most AIA contract forms since 1888 in order to encourage alternative dispute resolution procedures and to provide users of AIA documents with legally enforceable arbitration provisions when the parties choose to adopt arbitration into their contract. Individuals may, .bowever, choose to delete the arbitration provisions based upon their business decisions with the advice of counsel. To obtain a copy of the Construction Industry Arbitration Rules, write to the American Arbitration Association, 140 West 51st St., New York, NY 10020. INSTRUCTION SHEET FOR AIA DOCUMENT A201 • 1987 EDITION • AIA° • nit: AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, O.C. 20006 1 4. Use of Non -AIA Forms If a combination of AIA documents and non-AIA!documents is to be used, particular care must be taken to achieve consistency of language and intent. Certain owners require:the use of owner -contractor agreements with general conditions and other contract forms which they prepare. Such forms; should be carefully compared with the standard AIA forms for which they are being substituted before execution of an agreement. If there are any significant omissions, additions or variances from the terms of the related standard AIA forms, bath legal and insurance counsel should be consulted. 5. Use of Current Documents Prior to using any AIA document, the user should consult the AIA, an AIA component chapter or a current AIA Documents Price List to determine the current edition of each document. 6. Reproduction AIA Document A201 is a copyrighted work and may not be reproduced or excerpted from in substantial part without the express written permission of the AIA. The A20h document is intended to be used as a consumable—that is, the original docu- ment purchased by the user is intended to be consumed in the course of being used. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce them. A201 may not be reproduced for Project Manuals. Rather, if a user wishes to include it in a Project Manual, the normal practice is to purchase a quantity of the pre-printed forms and bind one in each of the Project Manuals. Modifications may be accom- plished through the use of separate Supplemeritary Conditions, such as those derived from AIA Document A511. Unlike the instruction sheets accompanying some; AIA documents, this A201 Instruction Sheet does not include a license granting permission to reproduce the A201 document. AIA will not permit the reproduction of this document or the use of substantial portions of language from it, except upon written request and receipt of written permission from the AIA. B. CHANGES FROM THE PREVIOUS EDITION 1. Format Changes The provisions dealing with the rights and responsibilities of the Architect have been moved from Article 2 to Article 4, retitled Administration of the Contract, in order to focus on the Owner and the Contractor as the parties to the Construction Con- tract. Miscellaneous Provisions, formed) Article 7, is now Article 13. 2. Changes in Content • The 1987 edition of A201 revises the 1976 edition to reflect changes in construction industry practices and the law. Comments and assistance in this revision were received frominumerous individuals and organizations, including those representing owners, architects, engineers, specifiers, general contractors, subcontractors, sureties, attorneys and arbitrators. Substantial changes have been made to the A201 document. The principal changes are as follows. Article 3: Contractor Warranty The warranty provision now explicitly excludes damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, and normal wear and tear under normal usage. Article 4: Administration of the Contract • Review of Shop Drawings—The provision governing architect's review of shop drawings has been expanded, and now requires that the architect be given sufficient time in his or her professional judgment to conduct an adequate review. The general limitation on the purpose of the Architect's review to checking for conformance with the information given and the design concept expressed in the Contract Documents has been retained. In addition, language has been added specifically excluding purposes of checking details that are the responsibility of the Contractor. Claims and Disputes—Provisions governing the handling of Claims and disputes have been expanded and brought together in a single paragraph to spell out procedures more clearly and sequentially; diagrams of the Change Order and Claims pro- cesses may be found on the last page of this Instruction Sheet. In the interest of expediting arbitration proceedings, a notice of demand for arbitration is now required to include all causes of action then known to the party filing the demand. Limita- tions on consolidation or joinder in arbitration of the Architect or the Architect's employees or consultants have been retained. Delays Due to Adverse Weather Conditions_ Claims for delay due to adverse weather conditions must now be substan- tiated by data showing that such conditions were.out of the ordinary and had an adverse effect on the scheduled construction. Article 5: Subcontractors Contingent Assignment of Subcontracts—A new provision assigns Subcontracts to the Owner in the event that the Con- tract is terminated, and also provides for adjustment of the Subcontractor's compensation if termination has resulted in suspension of the Work for more than 30 days. Both Owner; and Subcontractors are thus given a measure of protection from the effects of termination. - 2 INSTRUCTION SHEET FOR AIA DOCUMENT A201 • 1987 EDITION • AIA© • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, D.C. 20006 THE A M E R I C• N INSTITUTE • O F ARCHITECTS AIA Document A201 General Conditions of the Contract for Construction 77115 DOCUMEA71IAS IMPORTANT LEGAL CONSEQUENCES,. CONSULTATION WITH AN ATTORNEY /S ENCOURAGED WITH RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 14. TERMINATION OR SUSPENSION OF THE 7. CHANGES IN THE WORK CONTRACT This document has been approved and endorsed by the Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecutions. AIA CAUTION: You should use an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A201 • GENERAL CONDITIONS OF TIIE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA • ©1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D. C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 1 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 Access to Work . . 3:16, 6.2.1, 12.1 Accident Prevention 4.2.3, 10 Acts and Omissions . 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.2, 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Addenda .1.1, 3.11 Additional Cost, Claims for 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Additional Inspections and Testing....... 4.2.6, 9.8.2, 12.2.1, 13.5 Additional Time, Claims for 4.3.6, 4.3.8, 4 3.9, 8.3.2 ADMINISTRATION OF THE CONTRACT 3.3.3, 4, 9.4, 9.5 Advertisemenror Invitation to Bid 1.1.1 Aesthetic Effect 42.13, 4.5:1 Allowances 3.8 All-risk Insurance 11.3.1.1 Applications for Payment .. 4.2.5, 7.3.7, 9.2, 9.3, 9.4, 95.1, 9.6.3, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3, 14.2.4 Approvals .... 2.4, 3.3.3, 3.5, 3.10.2, 3.12.4 through 3.12 8, 3.18.3, 4.2.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5 Arbitration 4.1.4, 4.3.2, 4.3.4, 4.4.4, 4.5, 8.3.1, 10.1.2,11.3.9,11.3.10 Architect 4.1 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.6, 4.2, 4.3.2, 4.3.6, 4.4,5.2,6.3,7.12,7.2.1,7.3.6,7.4,9.2,9.3.1, 9.4, 9.5, 9.6.3, 9.8.2, 9.83, 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 . 3.3 3, 3.12.8, 3.12.11, 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, 4.3.2, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Servicesand Expenses 2.4, 9.8.2, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 4.2, 4.3.6, 4.3.7, 4.4, 9.4, 9.5 Architects Approvals 2.4, 3.5.1,3.10.2, 3.12.6, 3.12.8, 3.18.3, 4.2.7 Architect's Authority to Reject Work .... 3.5.1, 4.2.6. 12.1.2, 12.2.1 Architect's Copyright 1.3 Architect's Decisions 4.2.6, 42.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.44, 4.5, 6.3, 7.3.6, 7.38, 8..3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2 2, 14.2.4 Architect's Inspections 4.2.2, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9. 0.1, 13.5 Architect's Instructions .. 4.2.6, 4.2.7, 4.2.8, 4.3.7, 7.4.1, 12.1, 13.5.2 Architects Interpretations 4.2.11, 4.2.12, 4.3.7 Architect's On -Site Observations 4.2.2, 4.2.5, 4.3.6. 9.4.2, 9.5.1, 9. 0.1, 135 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 3.2.1, 3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.1 1, 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5. Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4. 4.2.6, 9.6.3, 9.6 4, 11.3.7_ Architect's Representations9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10.1. 13.5 Asbestos 10.1 Attorneys' Fees 3.18.1, 9.10 2, 10.1.4 Award of Separate Contracts 6.1.1 Award of Subcontracts and Other Contracts for Portions of the Work • 52 Basic Definitions - ' 1.1 Bidding Requirements 1.1.1, 1.1.7, 5.2 1, 11.4.1 Boller and Machinery Insurance 11.3.2 Bonds, Lien 9.10.2 Bonds, Performance and Payment -7.3.6.4, 9.10.3, 11 3.9, 11.4 Building Permit 3.7.1 Capitalization 1.4 Certificate of Substantial Completion 9.8.2 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, 9.8.3, 910.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval 3.12.11, 13.5.4 Certificates of Insurance 9.3.2, 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4.1, 3.8.2.4, 3.11, 4.2.8, 4.3.3, 5.2.3, 7.1, 7.2, 7.3.2, 8.3.1, 9.3.1.1, 9.10.3, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2 Change Orders, Definition of 7.2,1 Changes 7.1 CHANGES IN THE WORK . 3.11, 4.2.8, 7, 8.3.1, 9.3.1.1, 10.1.3 Claim, Definition of • - - 4.3.1 Claims and Disputes 4.3, 4.4, 4.5, 6.2.5, 8.3.2, 93.1.2, 9.3.3, 9.10.4, 10.1.4 Claims and Timely Assertion of Claims 4.5.6 Claims for Additional Cost 4.3.6, 4.3.7, 4.3.9, 6.1.1, 10.3 Claims for Additional Time 4.3.6, 4.3.8, 4.3.9, 8.3.2 Claims for Concealed or Unknown Conditions 4.3.6 Claims for Damages . . . 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Claims Subject to Arbitration 4.3.2, 4.4.4, 4.5.1 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Conditions Relating to 2.1.2, 2.2.1, 3.2.1, 3.2.2, 3.7.1, 3.10.1, 3.12.6, 4.3.7, 5.2.1, 6.2.2, 8.1.2, 8.2.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4, 5.2.1 Completion, Conditions Relating to 3.11, 3.15, 4.2.2, 4.2.9, 4.3.2, 9.4.2, 9.8, 9.9.1, 910, 11.3.5, 12.2.2, 13.7.1 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 4.35.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.2, 13.7 Compliance with Laws 1.3, 3.6, 3.7, 3.13, 4.1.1, 10.2.2, 11.1, 11.3, 131, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions 4.3.6 Conditions of the Contract 1.1.1, 1.1.7, 6.1.1 Consent, Written 1.3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 9.10.3,10.1.2, 10.1.3, 11.3.1, 11.3.1.4, 11.3.11, 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, 4.2.8, 7.1, 7.3, 9.3.1.1 Construction Schedules, Contractor's 310, 6.1.3 Contingent Assignment of SubcontraEts 5.4 Continuing Contract Performance 4.3.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 4.3.7, 5.4.1.1.14 Contract Administration 3.3.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 9.2, 11.1.3, 11.3.6, 11.4.1 Contract Documents, The 1.1, 12, 7 Contract Documents, Copies Furnished and Use of... 13, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Performance During Arbitration 4.3.4, 4.5.3 Contract Sum 3.8, 4.3.6, 4.3.7, 4.4.4, 5.2.3, 6.1.3, 7.2, 7.3, 9.1, 97, 11.3.1, 12.2.4, 12.3, 14.2.4 Contract Sum, Definition of 9.1 Contract Time 4.3.6, 4.3.8, 4.4.4, 7.2.1.3, 7.3, 8.2.1, 8.3.1, 9.7; 12.1.1 Contract Time, Definition of 8.1.1 2 A201-1987 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA • ©1987 THE AMERIdAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyNght laws and is subject to legal prosecution. • f f • CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Bid 1.1.1 Contractor's Construction Schedules 3.10, 6.1.3 Contractor's Employees 3.3.2, 3.4.2, 3.8.1, 3.9, 3.18, 4.2.3, 4.26, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 2.2.6, 3.12.5, 3.14.2, 4.2.4, 6, 12.2.5 Contractor's Relationship with Subcontractors 1.2.4, 3.3.2, 3.18.1, 3.18.2, 5.2, 5.3, 5.4, 9.6.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect .... 1.1.2, 3.2.1, 3.2.2, 3.3.3, 3.5.1, 3.7.3, 3.11, 3.12.8 3.16, 3.18, 4.2.3, 4.2.4, 4.2.6, 4.2.12, 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contractor's Representations .. 1.2.2,3.5.1,3.12.7,6.2.2,8.2.1,9.3.3 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 10 Contractor's Review of Contract Documents 1.2.2, 3.2, 3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10, 3.1 1, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.4.2, 11.4.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.4, 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10 Contractual Liability Insurance 11.1.1.7, 11.2.1 Coordination and Correlation 1.2.2, 1.2.4, 3.3.1, 3.10, 3.12.7, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications ... 1.3, 2.2.5, 3.11 Correction of Work 2.3, 2.4, 4.2.1, 9.8.2, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Cost, Definition of 7.3.6, 14:3.5 Costs .... 2.4, 3.2.1, 3.7.4, 3.8.2, 3.15.2, 4.3.6, 4.3.7, 4.3.8.1, 5.2.3, 6.1.1, 6.2.3,6.3, 7.33.3, 7.3.6, 7.3.7, 9.7, 9.8.2, 9.10.2, 11.3.1.2, 11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 12.2.4, 12.2.5, 13.5, 14 Cutting and Patching 3.14, 6.2.6 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Damages, Claims for .. 318, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.2, 4.3.6, 4.4.1, 4.4.4, 45, 6.1 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5.1, 4.2.1, 4.2.6, 4.3.5, 9.5.2, 9.8.2, 9.91, 10.2.5, 12, 13.7.1.3 Defective Work, Definition of 3.5.1 Definitions 1.1,2.1.1,3.1,35.1,3.12.1,3.12.2,3.12.3,4.1.1. 4.3,1, 5,1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 4.3.1, 4.3.8.1, 4.3.8.2, 6.1.1, 6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5, 7.3.8, 7.3.9, 8.1.1, 8.3, 10.3.1, 14.1.1.4 Disputes 4.1.4, 4.3, 4.4, 4.5, 6.2.5. 6.3, 7.3.8, 9.3.1.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1, l .3, 2.25, 3.11, 5.3 Duty to Review Contract Documents and Field Conditions 3.2 Effective Date of Insurance 8.2.2, 11.1.2 • Emergencies 4.3.7, 10,3 Employees, Contractor's 3.3.2, 3.4,2, 3.8.1, 3.9, 3.18.1, 3.18.2, 4.2.3, 4.2.6, 81.2, 10.2, 10.3, 11.1,1, 14.2.1.1 Equipment, Labor, Materials and 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 11.3, 12.2.4, 14 Execution and Progress of the Work 1.1.3, 1.2.3, 3.2, 3.4.1, 3.5.1, 4.2.2, 4.2.3, 4.3.4, 4.3.8, 6.2.2, 7.1.3, 7.39, 8,2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3 Execution, Correlation and Intent of the Contract Documents 1.2, 3.7.1 Extensions of Time 4.3.1, 4.3.8, 7.2.1.3, 8.3, 10.3.1 Failure of Payment by Contractor 9.5.1.3, 14.2.1.2 Failure of Payment by Owner 4.3.7, 9.7, 14.1.3 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 4.3.2, 4.3,5, 9.10, 11,1.2, 11.1.3, 11.3.5, 12.3.1, 13.7 Financial Arrangements, Owner's 2.2.1 Fire and Extended Coverage Insurance 11.3 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10.1, 10.2.4 Identification of Contract Documents 1.2.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2. 10.1.4, I1.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 4.3.4, 6.1.3, 6.1.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2, 9.10.3, 10.1.4, 11.2, 11.3, 13.5.1, 13.5.2 njury or Damage to Person or Property 4.3.9 nspections 3 3.3, 3.3.4, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 4.3.6, 9.4.2, 9.8.2, 9.9.2, 9.10.1, 13.5 nstructions to Bidders 1.1.1 nstructions to the Contractor .... 3.8.1, 4.2.8, 5.2.1, 7, 12.1, 13.5.2 nsurance 4.3.9. 6.1.1, 7.3.6.4, 9.3.2, 9.8.2, 9.9.1, 9.10.2, 1.1 nsurance, Boiler and Machinery 11.3.2 nsurance, Contractor's Liability 11.1 nsurance, Effective Date of 8.2.2, 11.1.2 nsurance, Loss of Use 11.3.3 nsurance, Owner's Liability 11.2 nsurance, Property 10.2.5,11.3 nsurance, Stored Materials 9.3.2, 11.3.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy ..9.9.1, 113.11 Insurance Companies, Settlement with 11.3.10 Intent of the Contract Documents 1.2.3, 3.12.4, 4.2.6, 4.2.7. 4.212, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.5, 1.4,1.5, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4.2.11, 4.2.12, 4.3.7 Joinder and Consolidation of Claims Required 4.5.6 Judgment on Final Award 45.1, 4.5.4.1, 4.5.7 Labor and Materials, Equipment .... 1.1.3. 1.1.6, 3.4, 3.5.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7. 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, 14 Labor Disputes 8.3.1 Laws and Regulations 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7, 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6 Liens 2.1.2, 4.3.2, 4.3.5.1, 8.2.2, 9.3.3, 9.10.2 Limitation on Consolidation or Joinder 4.5.5 Limitations, Statutes of 4.5.4.2, 12.2.6, 13.7 Limitations of Authority 3.3.1, 4.1.2, 4.2.1, 4.2.3, 4.2.7, 4.2.10, 5.2.2, 5.2.4, 7.4, 11.3.10 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIAe •©1987 THE AMERICAN INSTITUTE OE ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 3 Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.61.4, 9.10.4, 10.1.4, 102.5, 11.1.2, 11.2.1, 11:3.7, 13.4.2, 13.5.2 Limitations of Time, General 2.2.1, 2.2.4, 3 2.1.3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.2.1, 4.2.7, 4.2.11, 4.3.2, 4.3.3, 4.3.4,4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 52.3, 6.2.4, 7.3.4, 7.4, 8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5, 11.3.6,.12.2.1, 12.2.2, 13.5, 13.7 Limitations of Time, Specific 2.1.2, 2.2.1, 2.4, 3.10, 3.11, 3.15.1, 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Loss of Use Insurance 11.3.3 Material Suppliers 1.3.1, 3.12.1, 4.2.4, 4 2.6, 5.2.1. 9.3.1, 9.3.1.2,.9.3.3, 9.4.2, 9.6.5, 9.10.4 Materials, Hazardous 1 .1, 10.2.4 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4, 315.1, 3.8.2, 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4. .7, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 12.2.4, t4 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 4.2.3, .2.7, 9.4.2 Minor Changes in the Work MISCELLANEOUS PROVISIONS - Modifications, Definition of Modifications to the Contract Mutual Responsibility Nonconforming Work, Acceptance of Nonconforming Work, Rejection and Correction of . 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Notice 2.3,2.4,3.2.1,3.2.2,3.7.3,3.7.4,3.9,3.12:8, 3.12.9, 3'17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11 3, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14 Notice, Written- 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4;3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4:1.1. 8.2.2, 9.4.1, 9.5.719.7, 9.10, 10.1.2, 10.2:6, 11.1.3, 11.3, 12.2.2, 12.2.4. 13.3, d 3.5.2, 14 Notice of Testing and Inspections 13.r.1,13.5.2 Notice to Proceed 8.2.2 Notices, Pennits, Fees and 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Architect's On -Site .412.2. 4.2.5, 4.3.6, 9.4.2, 9.5.1, 9.!10.1, 13.5 Observations, Contractor's - 12.2, 3.2.2 Occupancy 9.6.6, 9.8.1, 919, 11.3.11 On -Site Inspections by the Architect 4.2.2, 4 2.9, 4.3.6, 9.4.2, 9.8.2, 9..2, 9.10.1 On -Site Observations by the Architect 4.2.2, 4 2.5, 4.3.6, 9.4.2, 95.1, 9 10.1,-13.5 Orders, Written 2.3, 3.9, 4.3.7, 7, 8.22, 11.3.9, 12.1, 12.2, 135.2, 14.3.1 OWNER 2 Owner, Definition of - 2.1, Owner, Information and Services Required of the ..• .. 2.1.2, • -- 2.2, 4.3.4, 6, 9, 10.1.4, 11.2, 11.3, 13.5.1, 14.1..5, 14.1.3 Owner's Authority - 3.8.1,4.1.3,42.9,52.1,52.4,5.4.1, - 7.3.1, 82.2,'9.3.1, 9.3.2, 11.4.1, 12.2.4, 13.5.2, 1.i.2, 14.3.1 Owners Financial Capability 2.2.1, 14.1.1.5 Owner's Liability Insurance 11,2 Owner's Loss of Use Insurance 11.3.3 Owner's Relationship with Subcontractors - 1.1.2,' 5.2.1, 5.41, 9.6.4 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 1.1.1, 4.2.8, 4.3.7, 7.1,7.4 13 1.1.1 1.1.1, 1.1.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1' 9.7 '6.2 12.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3, 4.3.7 Owner's Right to Suspend.the Work 14.3 Owner's Right to Terminate the Contract - 14.2 Ownership and Use of Architect's Drawings, Specifications and Other Documents 1.1.1, 1.3, 2.2.5, 5.3 Partial Occupancy or Use . 9.6.6, 9.9, 11.3.11 Patching, Cutting and 3.14, 6.2.6 Patents, Royalties and 3.17 Payment, Applications for 4.2.5, 9.2, 9.3, 9.4, 9.5.1, 9.8.3, 9.10.1, 9.10.3, 9.10.4, 14.2.4 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of, 4.3.7; 9.5.1.3, 9.7, 9.10.2, 14.1.1,3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 4.3.2, 4.3.5, 9.10, 11.1.2, 11.13, 11.3.5, 12.3.1 Payment Bond, Performance Bond and 7.3.6.4, 9.10.3. 113.9, 11.4 Payments, Progress 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13-6, 14.2.3 PAYMENTS AND COMPLETION 9, 14 Payments to Subcontractors • 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 11.3.8, 14.2.1.2 PCB 10.1 Performance Bond and Payment Bond 7.3.6.4, 9.10.3, 11.3.9, 11.4 Permits, Fees and Notices 2.2.3, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.1 Product Data, Definition of 3.17 .9 Product Data and Samples, Shop Drawings .... 3.11, 312, 4:2.7 Progress and Completion 4.2.2, 4.3.4, 8.2 Progress Payments 4.3.4, 9.3, 9.6, 9.8.3, 9.10.3, 13.6, 14.2.3 Pro ect, Definition of the 1.1.4 Pro ect Manual, Definition of the 1.1.7 Pro ect Manuals 2,2.5 Pro ect Representatives - 4.2.10 Property Insurance 10.2.5,11.3 PROTECTION OF PERSONS AND PROPERTY • 10 Regulations and Laws ' 1.3, 3.6, 3.7, 3.13, 4.1.1, 4.5.5, 4.5.7, 10.22, 11.1, 113, 131, 13.4, 13.5.1, 13.5.2, 13.6, 14 Rejection of Work 3.5.1, 4.2.6, 12.2 Releases of Waivers and Liens q 10 2 Representations 1.2.2, 3.5.1, 3.12.7, 6.2.2, 8.2.1, 9.3.3, 9.42, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, • 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1 2, 13.2.1 Resolution of Claims and Disputes . '4.4, 4.5 Responsibility for Those Performing the Work 3.3.2, 4.2.3, 6.1.3, 6.2, 10 Retainage 9.3.1, 9.6.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.2.2; 3.2, 3.7.3. 3.12.7 Review of Contractor's Submittals by Owner and Architect 3.10.1,3.10.2,3.11,3.12, 4.2.7, 42.9, 5.2.1, 5.2.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12.5 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5-1; 3.15,2, 4.2.6, 4.3.6, 4.5, 5.3, 6.1, 6.3, 7.3.1, 8.3.1, 9.5.1, 9.7, 10.2.5, • 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties and Patents 3.17 4 A201-1987 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA •I •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Rules and Notices for Arbitration 4.5.2 Safety of Persons and Property 10.2 Safety Precautions and Programs 4.2.3, 4.2.7,10.1 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and ... 3.11, 312, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3 10 Separate Contracts and Contractors 1.1.4, 3.14.2, 4.2.4, 45.5, 6, 11.3.7, 12.1.2, 12.2.5 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples .... 3.11, 312, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections ... 1.2.2, 3.3.4, 4.2.2, 4.2.9. 4.3.6, 9.8.2, 9.10.1, 13.5 Site Visits, Architect's 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.4.2, 9.5.1, 9.8.2, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1, 1.1.6, 1.1.7, 1.2.4, 1.3, 3.11 Statutes of Limitations 4.5.4.2, 12.2.6, 13.7 Stopping the Work 2.3, 4.3.7.9.7, 10.1.2, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 11.3.1.4, 12.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.4, 3.3.2, 3.12.1, 4.2.3, 5.3, 5.4 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6.2, 9.6.3. 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.3.2 Submittals 1.3, 3.2.3, 3.10, 3.11, 3.12, 4.2.7. 5.2.1, 5.2.3, 7.3.6, 9.2, 93.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.1.3 Subrogation, Waivers of 6.1.1, 11.3.5, 11.3.7 Substantial Completion 4.2.9, 4.3.5.2, 8.1.1, 8.1.3, 8.2.3, 9.8, 9.9.1, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of the Architect 4.1.3 Substitutions of Materials 3 5.1 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 4.3.6 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.4, 3.3, 3.4, 4.2.3, 4.3.4, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 Surety 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of 9.9.1, 9.10.2, 9.10.3 Surveys 2.2.2,3.18.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 4.3.7, 5.4.2, 14.1.1.4, 14.3 Suspension or Termination of the Contract ...... 4.3.7, 5.4.1.1, 14 Taxes 3.6, 7.3.6.4 Termination by the Contractor 14.1 Termination by the Owner for Cause 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 3.3.3, 4.2.6, 4.2.9, 9.4.2, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 4.3.8, 7.2.1, 8.3 Time Limits, Specific 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1, 4.2.1, 4.2.11, 4.3. 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14 Time Limits on Claims 4.3.2, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.6, 8.3.1, 10.1 Unit Prices 7.1.4, 7.3.3.2 Use of Documents 1 I.1,1.3,2.2.5,3.12.7,5.3 Useot Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims: Final Payment 4.3.5, 4.5.1, 9.10.3 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 9.10.4, 11.3.7, 13.4.2 Waiver of Claims by the Owner 4.3.5, 4.5.1, 9.9.3, 9.10.3, 11.3.3, 11.3.5, 11.3.7, 13.4.2 Waiver of Liens 9.10.2 Waivers of Subrogation 6.1.1, 11.3.5, 11.3.7 Warranty and Warranties 3.5, 4.2.9, 4.3.5.3, 9.3.3, 9.8.2, 9.9.1, 12.2.2, 13.7.1.3 Weather Delays 4.3.8.2 When Arbitration May Be Demanded 4.5.4 Work, Definition of 1.1.3 Written Consent 1.3.1, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 99.1, 9.10.2, 9.10.3, 10.1.2, 10.1.3, 113.1, 11.3.1.4, 11.3.11, 13.2, 13.4.2 Written Interpretations 4.2.11, 4.2.12, 4.3.7 Written Notice 2.3, 2.4, 3.9, 3.12.8, 3.12.9, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Written Orders 2.3, 3.9, 4.3.7, 7, 83.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 5 GENERAL CONDITIONS ;OF THE CONTRACT FOR CONSTRUCTION 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.IA Modifi- cation is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in Ithe Work issued by. the. Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms; the Contractor's bid or portions of addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral.IThe Con- tract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create contrac- tual relationship of any kind (1) between the Architect and Con- tractor, (2) between the Owner and a Subcontractor or Sub - subcontractor or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor,' Imaterials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work per- formed under the Contract Documents may be the whole or a part and which may include construction by the Os )ner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Con- tract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, sched- ules and diagrams. 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equip- ment, construction systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is the volume usually. assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor Or both do not sign all the Contract Documents, the Architect shall identify such unsigned Docu- ments upon request. 1.2.2 Execution of the Contract by the Contractor is a repre- sentation that the Contractor has visited the site, become famil- iar with local conditions under which the Work is to be per- formed and correlated personal observations with require- ments of the Contract Documents. 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- mentary, 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 Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 1.2.4 Organization of the Specifications into divisions,. sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction indus- try meanings are used in the Contract Documents in accord- ance with such recognized meanings. 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Con- tractor is described. The Contractor may retain one contract record set. Neither the Contractor nor any Subcontractor, Sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contrac- tor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub - subcontractor or material or equipment supplier on other proj- ects or for additions to this Project outside the scope of the T A201 6 A201-1987AlA AI © • @1987 rTHE AME WARNING: Unlicensed ohotocoi 2AL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 U.S. copyright laws and Is subject to legal prosecution. Work without the specific written consent of the Owner and Architect. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in con- nection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. 1.4 CAPITALIZATION 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of num- bered articles and identified references to Paragraphs, Subpara- graphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 INTERPRETATION 1.5.1 In the interest of brevity the Contract Documents fre- quently omit modifying words such as "all" and "any" and arti- cles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. ARTICLE 2 OWNER 2.1 DEFINITION 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, within five days after any change, information of such change in title, recorded or unrecorded. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreement and promptly from time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. [Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement, the prospective contractor would not he required to execute the Agreement or to connnence the Work.) 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, casements, assess- ments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the Work. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.2.6 The foregoing arc in addition to other duties and respon- sibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion) and Article II (Insurance and Bonds). 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contrac- tor 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 Con- tractor 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 the 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 written notice to correct such deficiencies within a second seven-day period. If the Contractor within such second seven- day period after receipt of such second notice fails to com- mence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such defi- ciencies, including compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Archi- tect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEEN] 11 EDITION AIAO • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASFIWGI'ON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 The Contractor shall carefully study and con Contract Documents with each other and with inf furnished by the Owner pursuant to Subparagraph shall at once report to the Architect errors, inconsist omissions discovered. The Contractor shall not be lial Owner or Architect for damage resulting from errors, tencies or omissions in the Contract Documents u Contractor recognized such error, inconsistency or and knowingly failed to report it to the Architect. If tractor performs any construction activity knowing it a recognized error, inconsistency or omission inthe Documents without such notice to the Architect, the tor shall assume appropriate responsibility for sucl mance and shall bear an appropriate amount of the an costs for correction. 3.2.2 The Contractor shall take field measurements a field conditions and shall carefully compare such f surements and conditions and other information kno' Contractor with the Contract Documents before con activities. Errors, inconsistencies or omissions discovl be reported to the Architect at once. 3.2.3 The, Contractor shall perform the Work in ac with the Contract Documents and submittals apprc suant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDL 3.3.1 The Contractor shall supervise and direct th using the Contractor's best skill and attention. The C' shall be solely responsible for and have control over i tion means, methods, techniques, sequences and pr and for coordinating all portions of the Work under tract, unless Contract Documents give other specific tions concerning these matters. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that are the materials and equipment furnished under the Contract will be rmation of good quality and new unless otherwise required or permit - 2.2 and ted by the Contract Documents, that the Work will be free ties or from defects not inherent in the quality required or permitted, e to the and that the Work will conform with the requirements of the iconsis- Contract Documents. Work not conforming to these require - less the ments, including substitutions not properly approved and mission authorized, may be considered defective. The Contractor's ie Con- warranty excludes remedy for damage or defect caused by nvolves abuse, modifications not executed by the Contractor, improper ;ontract or insufficient maintenance, improper operation, or normal ,ontrac- wear and tear under normal usage. If required by the Architect, perfor- the Contractor shall furnish satisfactory evidence as to the kind ibutable and quality of materials and equipment. 3.6 TAXES d verify 3.6.1 The Contractor shall pay sales, consumer, use and similar Id mea- taxes for the Work or portions thereof provided by the Con- n to the tractor which are legally- enacted when bids are received or nencing negotiations concluded, whether or not yet effective or merely ed shall scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES rdance our- 3.7.1 Unless otherwise provided in the Contract Documents, ed the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections IES necessary for proper execution and completion of the Work Work, which are customarily secured after execution of the Contract and which are legally required when bids are received or nego- itractor tiations concluded. mstruc- cedures . 3.7.2 The Contractor shall comply with and give notices to Con- required by laws, ordinances, rules, regulations and lawful instruc- orders of public authorities bearing on performance of the Work. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. 3.3.3 The Contractor shall not be relieved of obligatio { s to per- form the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. I 3.3.4 The Contractor shall be responsible for inspection of por- tions of Work already performed under this Contract to deter- mine that such portions are in proper condition to receive sub: Sequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Do the Contractor shall provide and pay for labor, materia ment, tools, construction equipment and machiner heat, utilities, transportation, and other facilities and necessary for proper execution and completion of If whether temporary or permanent and whether or not rated or to be incorporated in the Work. 3.4.2 The Contractorshall enforce strict discipline a order among the Contractor's employees and other carrying -out the Contract, The Contractor shall nc employment of unfit persons or persons not skilled assigned to them. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regula- tions. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be con- trary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. 3.8 ALLOWANCES 3.8.1 The Contractor shall include in the Contract Sum all uments, allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such equip- persons or entities as the Owner may direct, but the Contractor , water, shall not be required to employ persons or entitiesagainst services which the Contractor makes reasonable objection. Work, 3.8.2 Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shall he id good selected promptly by the Owner to avoid delay in the persons Work; permit .2 allowances shall cover the cost to the Contractor of in tasks materials and equipment delivered at the site and all required taxes, less applicable trade discounts; AlA 8 A201-1987 AIAe •©1987+THEAME tAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopylhg violates U.S. copyright laws and Is subject to legal prosecution. • i .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Clause 3.8.2.2 and (2) changes in Contractor's costs under Clause 3.8.2.3. 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superinten- dent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superinten- dent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Con- tractor. Important communications shall be confirmed in writ- ing. Other communications shall be similarly confirmed on written request in each case. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Con- tract, shall prepare and submit for the Owner's and Architect'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 appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Con- tract Documents, and shall provide for expeditious and practi- cable execution of the Work. 3.10.2 The Contractor shall prepare end keep current, for the Architect's approval, a schedule of submittals which is coordi- nated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall conform to the most recent schedules. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Prod- uct Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Archi- tect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, per- formance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar sub- mittals are not Contract Documents. The purpose of their sub- mittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4.2.7. 3.12.5 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate con- tractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submit- tal has been approved by the Architect. Such Work shall be in accordance with approved submittals. 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Draw- ings, Product Data, Samples or similar submittals by the Archi- tect's approval thereof 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. 3.12.10 Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. 3.12.11 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifi- cations. 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 Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or other- wise altering such construction, or by excavation. The Contrac- tor shall not cut or otherwise alter such construction by the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION ALA® •©1987THE AMERICAN INSTITUTE OFARCHITECTS,1735NEW YORK AVENUE, NW.,WASHINGTON, D.C.20006 A201.1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unrea- sonably withhold from the Owner ora separate contractor the Contractor's consent to cutting or otherwise altering die Work. 3.15 CLEANING UP 3.15.1 The'Contractor shall keep the premises and surround- ing area free from accumulation of waste materials o rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provid d in the Contract Documents, the Owner may do so and• the cost thereof shall be charged to the Contractor. ' 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and access to the Work in preparation and progress located. 3.17 ROYALTIES AND PATENTS 3.17.1 The Contractor shall pay all royalties and The Contractor shall defend shits or claims for infr patent rights and shall hold the Owner arid Archit from loss on account thereof, but shall not be res such defense or loss when a particular design, proc uct of a particular manufacturer or manufacturers is the Contract Documents. However, if the Contra, son to believe that the required design; processor 1 infringement of a patent, the Contractor shall be res such loss unless such information is promptly furr Architect. sect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions,.reports, surveys, Change Orders, designs or specifica- tions, or (2) the giving of or the failure to give directions or instructions by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. 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 iden- tified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The. term 'Architect"means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the rise fees. Owner, Contractor and Architect. Consent shall not be unrea- rment of sonably withheld. harmless , .sible for 4.1.3 In case of termination of employment of the Architect, or prod- the Owner shall appoint an architect against whom the Con- uired by tractor makes no reasonable objection and whose status under has rea- . the Contract Documents shall be that of the former architect. luct is an 4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3 sable for shall be subject to arbitration. :d to the 4.2 ARCHITECT'S ADMINISTRATION, OF THE CONTRACT 3.18 INDEMNIFICATION - - 4.2.1 The Architect will provide administration of the Contract 3.18.1 To the fullest extent permitted by law, the Contractor as described in the Contract Documents, and will be the shall indemnify and hold harmless the Owner, Architect, Archi- Owner's'representative (1) during construction, (2) until final sect's consultants, and agents and employees of any, of them payment is due and (3) with the Owner's concurrence, from from and against claims, damages, losses and expenses, includ- time to time during the correction period described in Para- ing but not limited to attorneys'. fees, arising out of or,I resulting - graph 12.2. The Architect will advise and consult with the from performance of the Work, provided that such claim, dam- Owner. The Architect will have authority to act on behalf of the age, loss or expense is attributable to bodily injury, (sickness, Owner only to the extent provided in the Contract Documents, disease or death, or to injury to or destruction of tangible prop- unless otherwise modified by written instrument in accordance erty (other than the Work itself) including loss of usel resulting with other provisions of the Contract. therefrom, but only to the extent caused in whole or in part by ' . . - ... - negligent acts or omissions of the Contractor, a Subc�intractor, 4.2.2 The Architect. will visit the site at intervals appropriate to anyone directly.or indirectly employed by them or anyone for the stage of construction to become generally familiar.with the whose acts they may be liable, regardless. of whether or not progress and quality of the completed Work and to determine such claim, damage, loss or expense is caused in part liy a party in general if the Work is being performed in a manner indicat- indemnified hereunder. Such obligation shall not he construed ing that the Work, when completed, will be in accordance with to negate, abridge, or reduce other rights or4obligations of the Contract Documents. However, the Architect will not be indemnity which would otherwise exist as to a party br person required to make exhaustive or continuous on -site inspections described inthis Paragraph 3.18. - to check quality or quantity of the Work. On the basis of on - site observations as an architect, the Architect will keep the 3.18.2 In claims against any person or entity indemnified Owner informed of progress of the Work, and will endeavor to under this Paragraph 3.18 by an employee of the Contractor, a guard the Owner against defects and deficiencies in the Work. Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifica-. 4.2.3 The Architect will not have control over or charge of and tion obligation under this Paragraph 3.18 shall not be limited by will not be responsible for construction means, methods, a limitation on amount or type of damages, compensation or techniques, sequences or procedures, or for safety precautions benefits payable by or for the Contractor or a Subcontractor and programs in connection with the Work, since these are under workers' or workmen's compensation acts, disability solely the Contractor's responsibility as provided in Paragraph benefit acts or other employee benefit acts. I. 3.3. The Architect will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract 3.18.3 The obligations of the Contractor under this Paragraph Documents. The Architect will not have control over or charge 3.18 shall not extend to the liability of the Architect, the Archi-. of and will not be responsible for acts or omissions of the Con- AIA DOCUMENT A201 10 A201-1987 AIA® • ©1987 THE Al CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION -ITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vlolates U.S. copyright laws and is subject to legal prosecution. i tractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 4.2.4 Communications Facilitating Contract Administra- tion. Except as otherwise provided in the Contract Documents or when direct communications have been specially autho- rized, the Owner and Contractor shall endeavor to communi- cate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. Commu- nications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- tect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons perform- ing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Docu- ments. The Architect's action will be taken with such reason- able promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submit- tals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construc- tion Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will pro- vide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorpo- rated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concern- ing performance under and requirements of the Contract Documents on written request of either the Owner or Contrac- tor. The Architect's response to such requests will be made with reasonable promptness and within any time limits agreed upon. If no agreement is made concerning the time within which interpretations required of the Architect shall be fur- nished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to fur- nish such interpretations until 15 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and 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 of right, adjustment or interpre- tation 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 ques- tion between the Owner and Contractor arising out of or relat- ing to the Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Decision of Architect. Claims, including those alleging an error or omission by the Architect, shall be referred initially to the Architect for action as provided in Paragraph 4.4. A deci- sion by the Architect, as provided in Subparagraph 4.4.4, shall be required as a condition precedent to arbitration or litigation of a Claim between the Contractor and Owner as to all such matters arising prior to the date final payment is due, regardless of (1) whether such matters relate to execution and progress of the Work or (2) the extent to which the Work has been com- pleted. The decision by the Architect in response to a Claim shall not be a condition precedent to arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect has not received evidence or has failed to render a decision within agreed time limits, (3) the Architect has failed to take action required under Subparagraph 4.4.4 within 30 days after the Claim is made, (4) 45 days have passed after the Claim has been referred to the Architect or (5) the Claim relates to a mechanic's lien. 4.3.3 Time Limits on Claims. Claims by either party must be made within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA© • © 1987 THE AMERICAN INSTITUTE. OF ARCHITECTS. 1735 NEW YORK AVENUE, NBC., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws antis subject to legal prosecution. A201-1987 11 4.3.4 Continuing Contract Performance. Pending final reso- lution of a Claim including arbitration, unless otherwise agreed in writing the Contractor shall proceed diligently with perfor- mance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. 4.3.5 Waiver. of Claims: Final Payment. The makir payment shall constitute a waiver of Claims by th except those arising from: .1 liens, Claims, security interests or encumbrn ing out of the Contract and unsettled; .2 failure of the Work to comply with the reqi of the Contract Documents; or .3 terms of special warranties required by the Documents. -. 4.3.6 Claims for Concealed or Unknown Condition ditions are encountered at the site which are (1) subs otherwise concealed physical conditions which Jiff ally from those indicated in the Contract Documei unknown physical conditions of an unusual nature, N fer materially from those ordinarily found to exist and recognized as inherent in construction activities character provided for in the Contract Documents, th by the observing party shall be given to the ot] promptly before conditions are disturbed and in no e than 21 days after first observance of the conditions. 7 tect will promptly investigate such conditions and, if t materially and cause an increase or decrease in the Co cost of, or time required for, performance of any p Work, will recommend an equitable adjustment in the Sum or Contract Time, or both. If the Architect deterr the conditions at the site are not materially different ft indicated in the Contract Documents and that no chai terms of the Contract is justified, the Architect shall the Owner and Contractor in writing, stating the Claims by either party in opposition to such detei must be made within 21 days after the Architect I notice of the decision. If the Owner and Contract( agree on an adjustment in the Contract Sum or Contr the adjustment shall be referred to the Architect for ini mination, subject to further proceedings pursuant to 1 4.4. 4.3.7 Claims for Additional Cost. If the Contractor make Claim for an increase in the Contract Sum, writ as provided herein shall be given before proceeding i the Work. Prior notice is not required for Claims rely emergency endangering life or property arising ur graph 10.3. If the Contractor believes addition; involved for reasons including but not limited to (1) interpretation from the Architect, (2) an order by the stop the Work where the Contractor was not at fault, ten order for a minor change in the Work issued by tect, (4) failure of payment by the Owner, (5) terminal Contract by the Owner, (6) Owner's suspension or reasonable grounds, Claim shall be filed in accordant procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.3.9 Injury or Damage to Person or Property. If either party of final to the Contract suffers injury or damage to person or property Owner because of an act or omission of the other party, of any of the other party's employees or agents, or of others for whose acts ices aris- such party is legally liable, 'written notice of such injury or damage, whether or noninsured, shall be given to the other irements party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a Claim for addi- Contract tional cost or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.3.7 or 4.3.8. I. If con- 4.4 RESOLUTION OF CLAIMS AND DISPUTES irface or - materi- 4.4.1 The Architect will review- Claims and take one or more of is or (2) the following preliminary actions within ten days of receipt of a hich dif- Claim: (1) request additional supporting data from the claimant, ;enerally (2) submit a schedule to the parties indicating when the Archi- of the tect expects to take action, (3) reject the Claim in whole or in n notice part, stating reasons for rejection, (4) recommend approval of er party the Claim by the other party or (5) suggest a compromise. The ent later Architect may also, but is not obligated to, notify the surety, if ie Archi- any, of the nature and amount of the Clain. ey differ tractor's 4.4.2 If a Claim has been resolved, the Architect will prepare or it of the obtain appropriate documentation. Cat ontthat in th. 4.4.3 If a Claim has not been resolved, the party making the mes those Claim shall, within ten days after the Architect's preliminary gin the ge response, take one or more of the following actions: (1) submit O notify additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial reasons. Claim stands. given cannot Time, I deter- vishes to :n notice i execute ing to an Jer Para - cost is a written )wner to 3) a writ- he Archi- on of the (7) other with the 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documenteif by data 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accor- dance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof, except controversies or Claims relating to aesthetic effect and except those waived as provided for in Subparagraph 4.3.5. Such controversies or Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. AIA DOCUMENT A201 12 A201-1987 AIA© • ©1987 THEAME WARNING: iRAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 1 INSTITUTE OFARCHITECTs, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006 violates U.S. copyright laws and is subject to legal prosecution. I 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Con- tractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contract Performance During Arbitration. During arbi- tration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. Demand for arbi- tration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written deci- sion on the Claim, (2) the tenth day after the parties have pre- sented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration pro- ceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7. 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agree- ment and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contrac- tor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an orig- inal third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The fore- going agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under appli- cable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitra- tion is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcon- tractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub -subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as prac- ticable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or enti- ties (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal por- tion of the Work. The Architect will promptly reply to the Con- tractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reason- able objection. 5.2.2 The Contractor shall not contract with a proposed per- son or entity to whom the Owner or Architect has made rea- sonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such change. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION MA® • © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 13 •f • 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Docu- ments, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Docu- ments, assumes toward the Owner and Architect. Each subcon- tract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically (provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements withlSub-sub- contractors. The Contractor shall make available to each pro- posed Subcontractor, prior to the execution of the subcontract agreement, copiesof the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and condi- tions of the proposed subcontract agreement which !nay be.at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRAcTS 5.4.1 Each subcontract'agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by:the Owner for,cause pursuant to Para- graph14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcon- tractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to thelContract. 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitablyl adjusted. ARTICLE 6 CONSTRUCTION BY OWNER. OR BY SEPARATE CONTRACTORE 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCT( AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform consi operations related to the Project with the Owner's o and to award separate contracts in connection with tions of the Project or other construction or operatic site under Conditions of the Contract identical or sr: similar to these including those portions related to and waiver of subrogation. If the Contractor claims or additional cost is involved because of such acti Owner, the Contractor shall make such Claim as pro where in the Contract Documents. 6.1.2 When separate contracts are awarded for difl tions of the Project or other construction or operatic site, the term `Contractor" in the Contract Doeumei case shall mean the Contractor who executes eac Owner -Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activi- ties of the Owner's own forces and of each separate contractor with the Work of the Contractor, who Shall cooperate with them. The Contractor shall participate with other separate con- tractors and the Owner in reviewing their construction sched- ules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction Or operations related to the Project with the Owner's own forces, the Ownershall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Condi- tions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties and shall connect and coordinate the Contractor's 'con- struction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or sepa- rate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. . 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ble therefor. 6.2.4 The Contractor shall promptly remedy damage wrong- fully caused by the Contractor to completed or partially com- pleted construction or to property of the Owner or separate - contractors as provided in Subparagraph 10.2.5. 6.2.5 Claims and other disputes and matters in. question action or between the Contractor and a separate contractor shall be sub- s forces, ject to the provisions of Paragraph 4.3 provided the separate her por- contractor has reciprocal obligations. s on the aantially 6.2.6 The Owner and each separate contractor shall have the tsurance same responsibilities for cutting and patching as are described cat delay for the Contractor in Paragraph 3.14. t by the led else- 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate con- ent por- tractors and the Owner as to the responsibility under their s on the, respective contracts for maintaining the premises and surround - in each ing area free from waste materials and rubbish as described in separate Paragraph 3.15, the Owner may clean up and allocate the cost among those responsible as the Architect determines to be just. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 14 A201-1987 AIA• © 1987 THE AMERICANINSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 Changes in the Work may be accomplished after execu- tion of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall be performed under appli- cable provisions of the Contract Documents, and the Contrac- tor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally con- templated are so changed in a proposed Change Order or Con- struction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 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 a change in the Work; .2 the amount of the adjustment in the Contract Sum, if any; and .3 the extent of the adjustment in the Contract Time, if any. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order pre- pared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of addi- tions, deletions or other revisions, the Contract Sum and Con- tract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall he used in the absence of total agreement on the terms of a Change Order. 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to per- mit evaluation; .2 unit prices stated in the Contract Documents or sub- sequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percent- age fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the pro- posed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contrac- tor indicates the agreement of the Contractor therewith, includ- ing adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effec- tive immediately and shall be recorded as a Change Order. 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Archi- tect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, includ- ing, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .1 costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' or workmen's compensation insurance; .2 costs of materials, supplies and equipment, includ- ing cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .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 person- nel directly attributable to the change. 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contrac- tor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as con- firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Architect for determination. 7.3.9 When the Owner and Contractor agree with the deter- mination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agree- ment upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execu- tion of an appropriate Change Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA& • © 1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 15 7.4 MINOR CHANGES IN THE WORK ARTICLE 9 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or PAYMENTS AND COMPLETION extension of the Contract Time and not inconsistent with the 9.1 CONTRACT SUM intent of the Contract Documents. Such changes shall be 9.1.1 The Contract Sum is stated in the A reement and includ- effected by written order and shall be binding on the Owner 8 and Contractor. The Contractor shall carry out such written ing authorized adjustments, is the total amount payable by the orders promptly. Owner to the Contractor for performance of the Work under the Contract Documents. ARTICLE 8 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor TIME shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup - 8.1 DEFINITIONS ported by such data to substantiate its accuracy as the Architect 8.1.1 Unless otherwise provided, Contract Time is the period may require. This schedule, unless objected to by the Architect, of time, including authorized adjustments, allotted in the Con- shall be used as a basis for reviewing the Contractor's Applica- tract Documents for Substantial Completion of the Work. bons for Payment. 8.1.2 The date of commencement of the Work it the date 9.3 APPLICATIONS FOR PAYMENT established in the Agreement. The date shall not be postponed 9.3.1 At least ten days before the date established for each by the failure to act of the Contractor or of persons or entities progress payment, the Contractor shall submit to the Architect for whom the Contractor is responsible. an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application 8.1.3 The date of Substantial Completion is the date certified shall be notarized, if required, and supported by such data by the Architect in accordance with Paragraph 9.8. I substantiating the Contractor's right to payment as the Owner 8.1.4 The term "day" as used in the Contract Documents shall or Architect may require, such as copies of requisitions from mean calendar day unless otherwise specifically defined. Subcontractors and material suppliers, and reflecting retainage 8.2 PROGRESS AND COMPLETION if provided for elsewhere in the Contract Documents. 8.2.1 Time limits stated in the Contract Documents are of the 9.3.1.1. Such applications may include requests for payment on essence of the Contract. By executing the Agreement the Con- account of changes in the Work which have been properly tractor confirms that the Contract Time is a reasonable period authorized by Construction Change Directives but not yet for performing the Work. _ included in Change Orders. 8.2.2 The Contractor shall not knowingly, except by agree- 9.3.1.2 Such applications may not include requests for pay- ment or instruction of the Owner in writing, prematurely com- ment of amounts the Contractor does not intend to pay to a mence operations on the site or elsewhere prior to the effective Subcontractor or material supplier because of a dispute or other date of insurance required by Article 11 to be furnislied by the reason. Contractor. The date of commencement of the Work shall not 9.3.2 Unless otherwise provided in the Contract Documents, be changed by the effective date of such insurance. Unless the payments shall be made on account of materials and equipment date of commencement is established by a notice to proceed delivered and suitably stored at the site for subsequent incor- given by the Owner, the Contractor shall notify the Owner in potation in the Work. If approved in advance by the Owner, writing not less than five days or other agreed period before payment may similarly be made for materials and equipment commencing the Work to permit the timely filing of mortgages, suitably stored off the site at a location agreed upon in writing. mechanic's liens and other security interests. Payment for materials and equipment stored on or off the site 8.2.3 The Contractor shall proceed expeditiously (with ade- shall be conditioned upon compliance by the Contractor with quate forces and shall achieve Substantial Completion within procedures satisfactory to the Owner to establish the Owner's the Contract Time. title to such materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance, _ 8.3 DELAYS AND EXTENSIONS OF TIME storage and transportation to the site for such materials and 8.31 If the Contractor is delayed at any time in progress of the equipment stored off the site. I Work by an act or neglect of the Owner or Architect, or of an 9.3.3 The Contractor warrants that title to all Work covered by employee of either, or of a separate contractor employed by an Application for Payment will pass to the Owner no later than the Owner, or by changes ordered in the Work, o>i by labor the time of payment. The Contractor further warrants that disputes, fire, unusual delay in deliveries, unavoidable casualties upon submittal of an Application for Payment all Work for or other causes beyond the Contractor's control, or by delay which Certificates for Payment have been previously- issued authorized by the Owner pending arbitration, or by other and payments received from the Owner shall, to the best of the causes which the Architect determines may justify delay, then Contractor's knowledge, information and belief, be free and the Contract Time shall be extended by Change Order for such clear of liens, claims, security interests or encumbrances in reasonable time as the Architect may determine, favor of the Contractor, Subcontractors, material suppliers, or 8.3.2 Claims relating to time shall be made in accordance with other persons or entities making a claim by reason of having applicable provisions of Paragraph 4.3. I provided labor, materials and equipment relating to the Work. 8.3.3 This Paragraph 8.3 does not preclude recovery of dam- 9.4 CERTIFICATES FOR PAYMENT ages for delay by either party under other provisions of the 9.4.1 The Architect will, within seven days after receipt of the Contract Documents. Contractor's Application for Payment, either issue to the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION a FOURTEENTH EDITION 16 A201-1987 AIAO • © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • Owner a Certificate for Payment, with a copy to the Contrac- tor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9.5.1. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowl- edge, information and belief, quality of the Work is in accor- dance with the Contract Documents. The foregoing representa- tions are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Pay- ment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contrac- tor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Archi- tect may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may he necessary in the Architect's opinion to protect the Owner from loss because of: 1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicat- ing probable filing of such claims; .3 failure of the Contractor to make payments prop- erly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be com- pleted for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's por- tion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontrac- tor, if practicable, information regarding percentages of com- pletion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of por- tions of the Work done by such Subcontractor. 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.7 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 cer- tified by the Architect or awarded by arbitration, then the Con- tractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall he increased by the amount of [he Contractor's reasonable costs of shut -down, delay and start-up, which shall he accomplished as provided in Article 7. 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 suffi- ciently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that die Work, or a por- tion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to he completed or corrected. The Contractor shall proceed promptly to com- plete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Docu- ments. Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or desig- AIA DOCUMENT A201 • GENERAI. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIAe •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A201-1987 17 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • nated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents, the Contrac- tor shall, before issuance of the Certificate of Substantial Com- pletion, complete or correct such item upon notification by the Architect. The Contractor shall then submit a request for another inspection by the Architect to determine (Substantial Completion. When the Work or designated portion thereof is substantially complete, the Architect will prepare a1 Certificate of Substantial Completion which shall establish the date of Sub- stantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within,which the Contractor shall finish all items Ion the list accompanying the Certificate. Warranties required bIy the Con- tract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Comple- tion. The Certificate of Substantial Completion shall be sub- mitted to the Owner and Contractor for their written accep- tance of responsibilities assigned to them in such 6rtiFlcate. 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by the Contractor and certification by the Architect, the Owner shall makei payment, reflecting adjustment in retainage, if any, for such Work or por- tion thereof as provided in the Contract Documents, 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or par- tially completed portion of the Work at any stage when such portion is designated by separate agreement with thi Contrac- tor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.3.11 and 9uthorized by public authorities having jurisdiction over the WlIork. Such partial occupancy or use may commence whether 6r not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, secu rity, maintenance, heat, utilities, damage to the Work and insur- ance, and have agreed in writing concerning the period for cor- rection 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 occu- pancy or use shall not be unreasonably withheld. Thee stage of the progress of the Work shall be determined by written agree- ment between the Owner and Contractor or, if no agr�eementis reached, by decision of the Architect. I 9.9.2 Immediately prior to such partial occupancy of use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute accep- tance of Work not complying with the, requirements of the Contract Documents. I 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Worl for final inspection and acceptance and upon receipt Application for Payment, the Architect will promr such inspection and, when the Architect finds the Work accept- able under the Contract Documents and the Contract fully per- formed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's observations and inspections, the Work has been completed in accordance with terms and conditions of the Contract Docu- ments and that the entire balance found to be due the Contrac- tor and noted in said final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidenc- ing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcon- tractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final com- pletion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully com- pleted or corrected is less than retainage stipulated in the Con- tract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that por- tion of the Work fully completed and accepted shall be submit- ted 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. The making of final payment shall constitute a waiver of claims by the Owner as provided in Sub- paragraph 4.3.5. 9.10.4 Acceptance of final payment by the Contractor, a Sub- contractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing is ready and identified by that payee as unsettled at the time of final )f a final Application for Payment. Such waivers shall be in addition to y make the waiver described in Subparagraph 4.3.5. AIA DOCUMENT A201 • GENERA(. CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 18 A201-1987 AIA 01987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal b 0secution- • ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating, main- taining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the Owner and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlori- nated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the Owner and Contractor, or in accordance with final determination by the Architect on which arbitration has not been demanded, or by arbitration under Article 4, 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Architect, Archi- tect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PCl3) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whose acts the Owner may he liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not he 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 Subparagraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to; .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to he incorpo- rated therein, whether in storage on or off the site, under rare, custody or control of the Contractor or the Contractor's Subcontractors or Sub -subcontrac- tors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relo- cation or replacement in the course of construction. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reason- able safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall he the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to pre- vent threatened damage, injury or loss. Additional compensa- tion or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 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 will protect the Contractor from claims set forth below which may arise out of or result from the 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 or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 1 claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; AIA DOCUMENT 4201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIAe • © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1 735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. A201-1987 19 .2 claims for damages because of bodily injury, occupa- other than the Owner has an insurable interest in the property tional sickness or disease, or death of the Contractor's required by this Paragraph 11.3 to be covered, whichever is employees; earlier. This insurance shall include interests of the Owner, the .3 claims for damages because of bodily injul sickness Contractor, Subcontractors and Sub -subcontractors in the or disease, or death of any person other than the Con- Work, tractor's employees; .4 claim11.3.1.1 Property insurance shall be on an. all-risk policy form s for damages insured by usual personal injury and shall insure against the perils of fire and extended coverage liability coverage which. are sustained (1) by a person and physical loss or damage including, without duplication of as a result of an offense directly or indirectly related to coverage, theft, vandalism, malicious mischief, collapse, false - employment of such person by the Contractor, or (2) work, temporary. buildings and debris removal including by another person; demolition occasioned by enforcement of any applicable legal .5 claims for damages, other than to the Work itself, requirements, and shall cover reasonable compensation for because of injury to or destruction of tangible prop- Architect's services and expenses required as a result of such erty, including loss of use resulting therefrom; insured loss. Coverage for other perils shall not be required .6 claims for damages because of bodily injury, death of unless otherwise provided in the Contract Documents, a person or property damage arising out of owner- 11.3.1.2 If the Owner does not intend to purchase such prop - ship, maintenance or use of a motor vehicle; and erty insurance required by the Contract and with all of the .7 claims involving contractual liability insurance appli- coverages in the amount described above, the Owner shall so cable to the Contractor's obligations under Paragraph inform the Contractor in writing prior to commencement of 3.18. the Work. The Contractor may then effect insurance which will 11.1.2 The insurance required by Subparagraph 11.1.1 shall be protect the interests of the Contractor, Subcontractors and Sub - written for not less than limits of liability specified in the Con- subcontractors in the Work, and by appropriate Change Order is tract Documents or required by law, whichever cbvera e the cost thereof shall be charged to the Owner. If the Contr-ac- - g tot is damaged by the failure or neglect of the Owner to to pupur- greater. Coverages, whether written on an occurrence or chase or maintain insurance as described above, without so claims -made basis, shall be maintained without interruption notifying the Contractor, then the Owner shall bear all reason - pfrom date of commencement of the Work until date of final able costs properly attributable thereto, ayment and termination of any coverage required tci he main- tained after final payment. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- 11.1.3 Certificates of Insurance acceptable to the Owner shall merits, the Contractor shall pay costs not covered because of be filed with the Owner prior to commencement of the Work, such deductibles. If the Owner or insurer increases the required These Certificates and the insurance policies required by this minimum deductibles above the amounts so identified or if the Paragraph 11.1 shall contain a provision that coverages Owner elects to purchase this insurance with voluntary deduc- afforded under the policies will not be cancelled or allowed to tible amounts, the Owner shall be responsible for payment of expire until at least 30 days' prior written notice has been given the additional costs not covered because of such increased or to the Owner. If any of the foregoing insurance coverages are voluntary deductibles. If deductibles are not identified in the required to remain in force after final payment and are reason- Contract Documents, the Owner shall pay costs not covered ably available, an additional certificate evidencing continuation because of deductibles, of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Int`ormation 11.3.1.4 Unless otherwise provided in the onsof Contract Docu- concerning reduction of coverage shall be furnished by the merits, this property insurance shall cover portions of the Work Contractor with reasonable promptness in accordance with the - stored off the site after written approval of the Owner at the Contractor's information and belief, value established in the approval, and also portions of the Work 11.2 OWNER'S LIABILITY INSURANCE In transirF 11.3.2 Boller and Machinery Insurance. The Owner shall 11.2.1 The Owner shall beresponsiblefor purchasing and purchase and maintain boiler and machinery insurance maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and protection against claims which may arise from operations until final acceptance by the Owner; this insurance shall include under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability interests of the Owner, Contractor and the Owner Sub- for unless specifically required by the Contracsubcontractors in the Work, and Owner and Contractor Documents. shall be n:nned insureds. 11.3 PROPERTY INSURANCE 11.3.3 Loss of Use Insurance. The Owner, at the Owner's 11.3.1 Unless otherwise provided, the Owner shall purchase opure may Owpuner against and maintain such insurance taso rty and maintain, in a company or companies lawfully authorized insure the orother loss of use howeverof the caused.Oh property due to fire or hazards, The Owner to do business in the jurisdiction in which the Project is waives all rights of action against the Contractor for loss of use located, property insurance in the amount of the initial Con- of the Owner's property, including consequential losses due to tract Sum as well as subsequent modifications thereto for the fire or other hazards however caused. entire Work at the site on a replacement cost basis without vol- ' 11.3.4 If the Contractor requests in writing that insurance for untary deductibles. Such property insurance shall be main- risks other than those described herein or for other special haz- tained, unless otherwise provided in the Contract Do�uments arcs be included in the property insurance policy, the Owner or otherwise agreed in writing by all persons and entities who shall, if possible, include such insurance, and the cost thereof arc beneficiaries of such insurance, until final payment has been shall be charged to the Contractor by appropriate Change made as provided in Paragraph 9.10 or until no person t6r entity Order. AIA DOCUMENT A201 • GENERA], CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION 20 A207-1987 AlA® • © 1987 THE AMERIdAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006 . WARNING: Unlicensed photocopyinglvlolates U.S. copyright laws and Is subject to legal prosecution_ • 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by property insurance under policies separate from those insuring the Project, or if after final payment prop- erty insurance is to be provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least 30 days' prior writ- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, 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 damaged. 11.3.8 A loss insured under Owner's property insurance shall he adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph 11.310. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial 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 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obliga- tions arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's observation and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, he charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate contractor in which event the Owner shall he responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall hear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If. within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE. CONTRACT FOR CONSTRCCTION • FOURTEENTH EDITION AIA• ©1987 THE AMERICAN INSTITUTE OF ARCIII'I'ECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A201-1987 21 • for commencement of warranties established under Sub- ARTICLE 13 paragraph 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 MISCELLANEOUS PROVISIONS Documents, the Contractor shall correct it promptly after 13:1 GOVERNING LAW receipt of written notice from the Owner to do sh unless the t 13.1.1 The Contract shall be governed by the law of the place Owner has previously given the Contractor a wntten accep- tance of such condition. This period of one year shall be where the Project is located. extended with respect to portions of Work first performed after 13.2 SUCCESSORS AND ASSIGNS Substantial Completion by the period of time between Substan- 13.2.1 The Owner and Contractor respectively bind them- tial Completion and the actual performance of the (Work. This selves, their partners, successors, assigns and legal representa- obligation under this Subparagraph 12.2.2 shall survive accep- tives to the other party hereto and to partners, successors, tance of the Work under the Contract and termination of the assigns and legal representatives of such other party in respect Contract. The Owner shall give such notice promptly after dis- to covenants, agreements and obligations contained in the Con- covery of the condition. tract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If 12.2.3 The Contractor shall remove from the site portions of qeither party attempts to make such an assignment without such the Work which arc not in accordance with the reuirements of the Contract Documents and are neither corredted b the consent, that party shall nevertheless remain legally responsible Y for all obligations under the Contract. Contractor nor accepted by the Owner. 12.2.4 If the Contractor fails to correct nonconforming Work 13.3 WRITTEN NOTICE within a reasonable time, the Owner may correct it in accor- 13.3.1 Written notice shall be deemed to have been duly dace with Paragraph 2.4. If the Contractor does not proceed with correction of such- nonconforming Work within a reason- the firm if rentity delivered in person to the individual r orio a ic of the or if toel vane officer of the corporation for which d able time fixed by written notice from the Architect, the.Owner may remove it and store the salvable materials or egoipment at was intended, or if delivered at or sent by registered or certified r mail to the last business address known to the party giving the Contractor's expense. If the Contractor does not pay costs notice. of such removal and storage within ten days after written notice, the Owner may upon ten additional days' written 13.4 RIGHTS AND REMEDIES notice sell such materials and equipment at auction Jr at,private sale and shall account for the proceeds. thereof, after) deducting 13.4.1 Duties and obligations imposed by the Contract Docu- costs and damages that should have been borne by the Con- ments and rights and remedies available thereunder shall be in tractor, including compensation for the Architect's services and addition to and not a limitation of duties, obligations, rights and expenses made necessary thereby. If such proceedslof sale do remedies otherwise imposed or available by law. not cover costs which the Contractor should have borne, the payments 13.4.2 No action or failure to act by the Owner, Architect or Contract Sum shall be reduced by the deficiency. If then or thereafter due the Contractor are not sufficient to cover Contractor shall constitute a waiver of a right or duty afforded such amount, the Contractor shall pay the differerice to the them under the Contract, nor shall such action or failure to act Owner, constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or 13.5 TESTS AND INSPECTIONS partially' completed, of the Owner or separate contractor caused by the Contractor's correction or removalC of Work 13.5.1 Tests, inspections and approvals of portions of the which is not in accordance with the requirements of the Con- Work required by the Contract Documents or by laws, ordi- tract Documents. - nances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless other- 12.2.6Nothing contained in this Paragraph 12.2 shall be con- wise provided, the Contractor shall make arrangements for strued to establish a period of limitation with respect to other such tests, inspections and approvals with an independent test - obligations which the Contractor might have under) the Con- - ing laboratory or entity acceptable to the Owner, or with the tract Documents. Establishment of the time period of one year appropriate public authority, and shall bear all related costs of as described in Subparagraph 12.2.2 relates only to die specific tests, inspections and approvals. The Contractor shall give the obligation of the Contractor to correct the Work, avid has no Architect• timely notice of when and where tests and inspec- relationship to the time within which the obligation to comply tions are to be made so the Architect may observe such proce- with the Contract Documents may he sought to be enforced, dures. The Owner shall bear costs of tests, inspections or nor to the time within which proceedings may be commenced approvals which do not become requirements until after bids to establish the Contractor's liability with respect tolthe Con- are received or negotiations concluded. tractor's obligations other than specifically to correct the Work. 13.5.2 If the Architect, Owner or public authorities having 12.3 ACCEPTANCE OF NONCONFORMING WORK jurisdiction determine that portions of the Work require addi- tional tional testing, inspection or approval not included under Sub - 12.3.1 If the Owner prefers to accept Work which is not n n written authorization accordance with the requirements of the'Contract Documents, from the Owparagraph 13.5,1 r, instru t, theithe itectContractowill, r to make arrangements the Owner may do so instead of requiring its removal and cor- for such additional testing, inspection or approval by an entity rection, in which case the Contract Sum will be reduced as acceptable to the Owner, and the Contractor shall give timely appropriate and equitable. Such adjustment shall be effected notice to the Architect of when and where tests and inspections whether or not final payment has been made. are to he made so the Architect may observe such procedures. 22 A201-198% AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA° • © 1987 THE AMERICAN INSTITUTE OFARCHITECTS. 1735 NEW YORK AVENUE, N.W, WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopy) Ig violates U.S. copyright laws and is subject to legal prosecution. • The Owner shall bear such costs except as provided in Sub. paragraph 13.5.3. 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, the Contractor shall bear all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses. 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 if the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Con- tract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Docu- ments shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 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 occurring prior to the relevant date of Substan- tial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certifi- cate for Payment. As to acts or failures to act occur- ring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certifi- care for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall he deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant elate of issu- ance of the final Certificate for Payment, any appli- cable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public author- ity having jurisdiction; .2 an act of government, such as a declaration of national emergency, making material unavailable; .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; .4 if repeated suspensions, delays or interruptions by the Owner as described in Paragraph 14.3 constitute in the aggregate more than 100 percent of the total num- ber of days scheduled for completion, or 120 days in any 365 -day period, whichever is less; or .5 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 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters impor- tant to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.2. 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, reg- ulations or orders of a public authority having juris- diction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to jus- AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA® • ©1987 THE AMERICAN INSTITUTE OFARCHITECT'S, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2000ri A201-1987 23 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. f tif'v such action, may without prejudice to any of remedies of the Owner and after giving the Contn Contractor's surety, if any,. seven days' written n nate employment of the Contractor and may, su prior rights of the surety: .1 take possession of the site and of all mat, ment, tools, and construction equipment cry thereon owned by the Contractor; .2 accept assignment of subcontracts purst graph 5.4; and , .3 finish the Work by whatever reasonable Owner may deem expedient. rights or Owner. The amount to be paid to the Contractor or Owner, as and the the case may be, shall be certified by the Architect, upon appli- e, termi- cation, and this obligation for payment shall survive termina- 1 to any Lion of the Contract. 14.3 SUSPENSION BY THE OWNER 5, equip- FOR CONVENIENCE to Para - the 14.2.3 When the Owner terminates the Contract four one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. I 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Archi- tect's services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costsexceed the unpaid balance, the Contractor shall pay the difference to the 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interrup- tion. No adjustment shall be made to the extent: .1 that performance is, was or would have been so sus- pended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed or percentage fee. 24 A201-1987 AIA DOCUMENT A201 AIA° • ©1987 THEAME .. WARNING: Unlicensed ohotocon AAL CONDI'T'IONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 violates U.S. copyright laws and is subject to legal prosecution. Article 7: Changes in the Work This article has undergone substantial revision, and provides for a new type of document. The Change Order is now required to be signed by the Owner, Contractor and Architect. In the event the Contractor's agreement cannot be obtained, a new document, a Construction Change Directive which is signed by the Owner and Architect, shall be issued. Both of these situa- tions were previously covered by Change Orders. Now they are separated so that they can, if necessary, be handled independently. A diagram of the process may be found on the last page of this Instruction Sheet. Article 9: Payments and Completion Substantial Completion The Substantial Completion provisions now explicitly allow for partial occupancy or use. A Certifi- cate of Substantial Completion covering a portion of Work is provided for, and consent of the insurer of the property is required. Article 10: Protection of Persons and Property Asbestos, PCB and Other Hazardous Wastes The problem of hazardous wastes is addressed, for the first time, in a paragraph prescribing procedures to be followed in the event such substances are encountered on the site. Under its provisions, the Work may only proceed in the affected area by written consent of the Owner and Contractor, or in accordance with a deter- mination of the Architect upon which arbitration has not been demanded. Article 11: Insurance and Bonds This article has been expanded to cover bonds as well, and it is now provided that bonding requirements must be made known to the Contractor in the bidding requirements or at the time the Contract is signed. The Contractor, in turn, is required to furnish copies of the bonds on request to any person appearing to be a beneficiary of them. Owner's property insurance is now required to be written in the full amount of the Contract Sum and adjusted for changes in the Contract Sum effected by Change Order. The coverages to be included on the `all-risk" policy form are given in much greater detail because "all-risk" merely means coverage of all risks not specifically excluded. In addition, the Owner is now required to insure materials stored off -site or in transit. Article 12: Uncovering and Correction of Work Correction of Work The correction period has been extended with respect to Work performed after Substantial Comple- tion, so that such Work is also covered by a one-year correction period. Article 13: Miscellaneous Provisions Statutory Limitation Period —A separate paragraph has been included under Miscellaneous Provisions giving the dates of commencement of the statutory limitation period with respect to acts or failures to act occurring at different points in the Project. This paragraph covers a range of situations and sets three commencement dates: one for occurrences before Substan- tial Completion, another for those taking place between Substantial Completion and issuance of the final Certificate for Pay- ment, and a third for those taking place after the final Certificate has been issued. Article 14: Termination or Suspension of the Contract Procedures are set out for suspension of the Contract by the Owner for reasons other than the fault of the Contractor. A provi- sion allowing for termination in like circumstances has been included in AIA Document A511, Guide for Supplementary Conditions. Further details on these changes may be found in the Architect's Handbook of Professional Practice when revised. A side -by - side comparison of the 1976 and 1987 editions of A201 will be available for a limited time after publication of the 1987 edition. C. USING THE A201 FORM Modifications Users are encouraged to consult an attorney before using an AIA document. Particularly with respect to licensing laws, duties imposed by building codes, interest charges, arbitration and indemnification, this document may require modification with the assistance of legal counsel to fully comply with state or local laws regulating these matters. Generally, necessary modifications to the General Conditions may be accomplished by Supplementary Conditions included in the Project Manual and referenced in the Owner -Contractor Agreement. See AIA Document A5]1, Guide for Supplementary Con- ditions, for model provisions and suggested format for the Supplementary Conditions. Because A201 is designed for general usage, it does not provide all the information and legal requirements needed for a specific Project and location. Necessary additional requirements must be provided in the other Contract Documents, such as the Sup- plementary Conditions. Consult AIA Document A521. Uniform Location of Subject Matter, to determine the proper location for such additional stipulations. It is definitely nor recommended practice to retype the standard document. Besides being a violation of copyright, retyping can introduce typographical errors and cloud the legal interpretation given to a standard clause when blended with modifica- tions. Retyping eliminates one of the principal advantages of standard form documents. By merely reviewing the modifications to be made to a standard form document, parties familiar with that document can quickly understand the essence of the proposed relationship. Commercial exchanges are greatly simplified and expedited, good -faith cleating is encouraged, and otherwise latent clauses are exposed for scrutiny. In this way, contracting parties can more confidently and fairly measure their risks. INSTRUCTION SHEET FOR AIA DOCUMENT A201 • 1987 EDITION • AIA° • THE AMERICAN INSTITUTE OF ARCIIITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 0 D. CHANGE ORDERS AND CLAIMS The diagrams below are graphic examples of the Change Order and Claims processes under the 1987 edition of AIA Document A201. These diagrams are presented for instructional purposes only, and are not intended to augment or supersede any contract language contained in the document. Users are urged to read the document in its entirety and to consult the relevant contract language regard- ing the particulars of the processes diagrammed below A Change Order may he initiated by the Owner, Contractor or Architect. Typically, upon initiation of the Change Order process, the Architect prepares a copy of AIA Document G709, Proposal Request, and submits it to the Contractor for pricing. This is then con- veyed back through the Architect to the Owner, beginning the process diagrammed below. CHANGE ORDER PROCESS Architect Proposal prepares Owner accepted and si ns signs by Owner Change Change Omer Order G701 ARCHITECT 4.2.8 PROCSE ESS PAPEI Architect `-- — — — — mm nsits proposal with mcommen- nalions Proposal- Architect[Ow rejected prepares by and signsOwner C.C.D. 7.3.1 G714 7.3.2 7.3.2 Dropped 4.2.8 jontmMor Contractor With full Contractor agrees agreement submitst hitect Ordersigns CO. price/time cation forment or C.C.D. 7.1.3 payment.11 172.1 thout 07021703 YES lull Contractor 72.1 men? on PAYMENTS Owner da-Owner price/timefA%hilt8etn BilChange PROVISIONS partially otroa teesacceptsmenu 7.3.a antl Omer IN ART. 9 with PaHlelamount Contmctor Preparedagreement not Inft for me antlCCD' aluatieg signed dispute Architect <I OwnerContractor Claim Contractorner or sends NO reluses or both Becomes must C.CD. to a bellied to sign disagree a :onimctor C.C.D. second claim within time I I 21 days 7.3.4 CLAIMS PROCESS UNDER ART. 4 The Claims process may be started through a variety of circumstances, including failure to agree upon the terms of a Change Order as shown in the diagram above. Once the Claim arises, the Owner and Contractor,kogether with the Architect, seek resolution of the dispute by following specific steps established in the Contract Documents and particularly in A201. These steps are generalized in the diagram below CLAIMS PROCESS . Final payment waives Claims rot already made or preserved 21 days 10 days 10 dM No definite Architect time limp notifies peru.. Ihal final minimum maSanVm Maximum Arceesltecl oils.a.aJ Claimant respondsOne 4.42 decision is bdlrcomhg Claim made W written Preliminary senone 11 no decision within 10 �?•1 nollce 4.41 Ay Event 4.33, 43.6 A occurs. Or 9 43.9 lied murgnnM, N re ecllen bm llowithin 30 days—minimun gluing rise 10 claim 4,3,2 4]] If err ttpn Nieves within 45 drys—minlmum If mechanics lien Is tiled, may Proceed Immedietely to aMaetbn Statute of Ilmltations—nualmum time IIml A¢nllecta 30 final I decision mar Arbitration 2 I 9 4 INSTRUCTION SHEET FORAIA DOCUMENT A201 • 1987 EDITION • AIA® • THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASH:NGTON, D.C. 20006 5'/- q Red Or STAFF REVIEW FORM 6hng. otd AGENDA REQUEST XX CONTRACT REVIEW /C7 2 Y ' GRANT REVIEW fGrJ< For the Fayetteville City Council meeting of N/A Mayor's ADDroval FROM: Dale Clark Parks & Recreation Public Works Name Division Department ACTION REQUIRED: Approval of Change Order 1 - Red Deer, Inc for the Crystal Springs Softball Field. Change Order 1 reduces the scope of work to be performed by Red Deer. The work deleted will be performed in Phase 2 of this project. COST TO CITY: S(31.809.85) Cost of this Request 2120-9120-5806-00 2250-9250-5806-00 1010- 1505-00 Account Number S 518.350 Category/Project Budget S 336.289 Funds Used To Date Park Improvements Category/Project Name Program Name Advertising & Promotion Parks Development 96093 S 182.561 General Fund Project Number Remaining Balance Fund BUDGE REVIEW: XX Budgeted Item Budget Adjustment Attached B dge Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Il�� Date I ternal Auditor Date / /e,4 (1L'1S Date AD Coordinator Date I\ -�a ° Purchasing Officer Date STAFF RECOMMENDATION: Staff recommends approval of this change order. Di ision Hea Department Director Ili Date Date Admin' rative ices Director Date Ma or Date New Item: Yes No Prev Ord Rea 17 /94 Orig Contract Date: C:\APP\96BUDWP\REDDEER.CO FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN Date: November 8, 1996 To: Mayor Fred Hanna & City Council Members From: Dale D. Clark Parks & Recreation Director Re: Reduction in contract costs with Red Deer Construction Otto @0000 a a a 00050000 Sac a a a a a a a a a a 0 a a a a a a 0 a 0000000000000a a coca 0000000000 ]I am requesting a reduction in contract with Rod Deer Construction that deletes $31,809.85 from the total cost. The requested deletion will he included in the next phase of the development. For further clarification, see the attached letter from Jim Beavers to Perry Butcher & Associates dated August 20, 1996 - Item #5. FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS August 20, 1996 Mr. James Trimble Perry Butcher and Associates 114 South First Rogers, AR 72756 Re: Girl's softball complex - Crystal Springs. Dear Sir, This letter shall serve as an approved grading and drainage permit subject to the following conditions: 1. The engineer shall design a sedimentation trap/pond at the discharge of the 18 inch drainage pipe to protect the wetland areas immediately downstream (refer to the Stormwater Ordinance section on protecting wetlands, 163.O8.D). 2. All erosion control as shown on the separate erosion control plan must be installed prior to breaking ground. 3. Perry Butcher and Associates will assist the Parks Department, at no additional charge to the City, in formalizing a 7L� change order to remove items from the contract as proposed in your August 19th fax (a deduction of $26,917.30)•. { 4. If the structural fill required is less than the total in the bid amount, a credit will be provided to the City. Note that the letter from Grubbs (August 19) stated that the actual undercuts must be field determined. 5. All plans for phase 2 will be approved by the City Engineering Department prior to advertising for bids. Any additional costs to provide accurate plans for the street widening and drainage will not be passed on to the City since this was an original requirement you have not met. Please call me at 444-3418 if you have any questions. Jim Beavers, Beavers, P.E. cc: Parks fax and mail 113 WEST MOUNTAIN 72701 501-521.7700 FAX 501-575-8257 CHANGE OWNER ARCHITECT ORDER CONTRACTOR FIELD A/A DOCUMENT G701 OTHER PROJECT: Crystal Springs Softball Field Phase I (name, address) South Salem Road TO CONTRACTOayetteville, AR (name, address) Red llrr Deer Inc. P.O. Box 691 Springdale, AR 72765 The Contract is changed as follows: See attachment 'A' CHANGE ORDER NUMBER: 1 DATE: October 24, 1996 ARCHITECT'S PROJECT NO: 95135 CONTRACT DATE: June 7, 1995 CONTRACT FOR: Phase I Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) ((rttamrxee&M:ecirritte -P ee) was ........................ S 309,600.00 Net change by previously authorized Change Orders ............................... S 00 . 00 The (Contract Sum) (6nararttred-,'ctrtinmmt'rict) prior to this Change Order was .......... S 309, 600. 00 The (Contract Sum) (Cnnramcc°d ihaeimtrrrr Ptecr) will be (irterc�sed) (decreased) —31 ,809.85 (nntttanged) by this Change Order in the amount of ............................5 277, 790. 1 5 The new (Contract Sum) (6uxrt1t d4Hx4rnmmPrieae) including this Change Order will be .. 3 The Contract Time will be (iacse:ued) (decrca") (unchanged) by ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is Saturday, November 30, 1 996 NOTE: This summan* does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized be Construction Change Directive. Perry L. Bycher & Associates Red Deer, Inc. City of Fayetteville, AR OWNER ARCHITECT CONTRACTOR 116 West al ut P.O. Box 691 113 W. Mountain Street c1drem �Addre's - ogers,( 7 75 Springdale, AR 72765 Addrecy Fayetteville, AR 72701 CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT 6701 • CHANGE ORDER • 1987 EDITION • AIA0 • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 200 G701-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CRYSTAL SPRINGS SOFTBALL FIELDS PHASE ONE Project No. 95135 10/29/96 ATTACHMENT "A" Item Description Amount 1. Add Conc. Encasement of existing plastic pipe at drives. $1,922.57 2. Add Sedimentation Pond as required by City of Fay. $3,797.12 3. Delete curb and gutter at Salem road. ($5,137.50) 4. Delete Asphalt paving and base at Salem road widening. ($3,172.80) 5. Delete storm drain culverts along Salem road. ($4,719.00) 6. Delete fire hydrant. ($4,200.00) 7. Delete earthwork along Salem road. ($1,906.00) 8. Delete sidewalk along Salem road. ($7,000.00) 9. Delete bonding and stacking credit ($782.00) 10. Select fill adjustment: 1217 CY x $8.72 = ($10,612.24) Total Deduct ($31,809.85) 1 �) a. IflfTu Jad- •� 2 0 Ij -I ==-YYY111 I I. I I . ! I ,• ! ' I . I : I I I I. f. I iI ii • I • j -t .I r •- a - - - - - - I I'�I: III I' I z I_ I{{_ I ' �V t q ; _1 _ I I I I i !! ! p I, ieC5sjI !; i i. I I, II. I ..........- . -I-- - - •I- I i ' I ! I I I I I ! i , l I ; •I- I t !- r 41S i II t i 1 ! Y: W I ' ( I N I Q I ! ' • ! ri • TO ,39Gd �" ONI d33O U32i EE09-tSL-TOS 97,'29 966T/9T;63 a<tU DEER INC ---- ;Yyus:-s ..... 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I I 1 I 14 , I 1 1 1 1 I 1 1 1 I . 1 1 I 1 I I I 1 1 1 . . . 08/18/1996 2053 •00,/28/96 14:52 501-751-6033 PERRY L BUTtnhk RED DEER INC t JV1OJO-.VJ)) PAC£ 02 a • -- C, C) Gentlemen• The undersigned. in compliance with your notice for bids for consauciron Of: 1 11 • • ♦ • •r' • 1IH l'J,' s1J1 iri.ii ot*r't ,IS.%jc I • I wifl[ • 4 I • r I •• •1 1• I 91 LICTJI Is!' ( ) ADDENDUM NO. t • Dad ( ) ADDENDUM NO.2, Dated ( ) ADDENDUM NO.3, Dabd ( ) ADDENDUM NO.4♦ Dated For all work descrt *d in the SpeCINCdrons and shown on the Drawings, I (we) agree s perform this work for the tpune at fads as foNows: t�`jl�b✓1 CURS AND GUTTER: 5 Z90 ASPHALT PAVING AND BASE: I STORM DRAINAGE SYSTEM: •4a7 / 00 FIRE HYDRANT: 4'$ TO O c 2 #-i,co/LF 685 13,4fo/sr > 228,3 51 (4',) 2o' x t+ 4rXs` f nJG-19-1996 09:26 95. IA•.r. 08/18/1996 20:53 501-751-6833 RED DEER INC Vbrla/Vb 14.JJ YtKn2 L ,JVIIVJV-YI/I .4 w EARTHWORK • GRADING, STRIPING AND EXCAVATION: EARTHWORK • STRUCTURAL FILL: LANDSCAPING: Dollars SIDEWALKS: MISCELLANEOUS: to Z TOTAL BASE BID: 26,917= CONSECUTIVE CALENDAR DAYS FOR PROJECT COMPLETION Itr )Days PAGE 03 • • y1 AMOUNT INCLUDED IN BASE BID FOR TRENCHING SAFETY PROVISIONS UNDER ARKANSAS ACT 291 of 1993 (IF TRENCHING 5 OR OVER IN DEPTH IS REQUIRED). Dollars (s ' UNIT PRICES FOR CLAY -GRAVEL STRUCTURAL FILL Where quantity of day -gravel structural MI required is more than indicated on the bid docurnsnts, as osrtified by the Architect and soils Engineer. add Dollars for sad' cubic yard of additional fw.►equtred• 99/. P.03