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HomeMy WebLinkAbout10-66788.3.1,10.5 Minor Changes ill the Work 1.1.1, 3.12.8;, 42.8, 4.3.6, 7.1, 7.4 MISCE!lANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 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, 103.2, 11.4.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3,12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.5.1, 42.6> 6.2.5, 9.5.1, 9.8.2, 9.9.3, 9.10.4,12.2.1, 13.7.1.3 Notice 2.2.1, 2.3, 2.4, 3.2.3, 3.3.1, 3.7.2, 3.7.4, 3.12.9,4.3,4.4.8,4.6.5,5.2.1,8.2.2,9.7, 9.10, 10.2.2, 11.13, 11.4.6, 12.2.2,_ 12.2.4, 13.3,13.5.1,13.5.2,14.1,14.2 Notice, Written 2.3,2.4, 3.3.1,3.9,3.12.9, 3.12.10,4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 102.2, 10.3, 11.1.3,11.4.6,12.2.2,12.2.4,13.3, 14 Notice of Testing and Inspections 13.5.1, 13.5.2 Notice to Procead 8.2.2 Notices, Permits, Fees and 2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Contractor's 1.52, 3.2, 3.7.3, 4.3.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.4.15 Orders, Written 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2,13.5.2, 14.3.1 OWNER Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3'2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3,6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3,10.3.3, 112,11.4, 13.5.1, 13,5.2, 14.1.1.4, 14.1.4 Owner's Authority 1.6, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 42.4, 4.2.9, 4.3.6, 4.4.7, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 82.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.9.1, 9.10.2, 10.32,11.1.3, 113.1, 11.4.3, 11.4.10,12.2.2,12.3.1,13.2.2,14.3,14.4 Owner's Financial Capability 2.2.1,13.2.2,14.1.1.5 Owner's Liability insurance 11.2 Owner's Loss of Use Insurance 11.4.3 Owner's Relationship with Subcontractors t.1.2, 52, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 owner's Right to Carry oat the work 2.4,12.2.4. 142.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications aad Other Instruments of Service 1.1.1, 1.6, 2.2.5, 3.2.1,3.11.1, 3.17.1, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.4.1.5 Patching, Cutting and 3.14, 6.2.5 Patents - 3.I7 Payment, Applications for 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 95.1, 9.63, 9.7.1, 9.8.5, 9.10.1, 9.10.3, 9.10.5, 11.13, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 93.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.10.1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 4.3.6, 95.1.3, 9.7, 9.10.2, 14.1.1.3, ® Copyright 1971,.1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The American Institute of Architects. Fifteenth Edtion. Reproduction of the material herein or substantial quotation of its p ions without written permission of the AIA violates fhe copyright laws of the United States and wlp subject violate to legal prosecution. WARNING: Unl'~ensed photocopying violates U.S. copyright Nays and wN act tha vwlator to legal prosecution. This docurrr~t was electronically produced with permission of the A and can be reproduced ~ accordance with your Hcense wtihout violation unt9 the date of expiration as not below. This dorwneent ( not an original AIIM® Corgract Document, twt a reproduction produced by AIA® Contract Dopt software for adrniniatrative purposes only and is not for other uae or resale. 7 THrs DocuMENTHas rMPORraNr LEGAL CONSKIUENCES. CONSCrLTATION tMTHAN ATTORNEY lS ENCOURAGED WITH RESPECT 7D ITS COtbfPCETroN OR MoD1FrCarronL AurxENrroAnav OF 7H1S ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D4o7. This dOCUl11@r1t /7a5 bBeR Bpplvved alMd endorsed by The Associated General Contractors of Amen. x wi. .rr ~~ ~~~~ tttttttttllsl otaPr ~ aA oocufwt~lT ~ - ~ss7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, O.C. 20006-5292 14.2.1.2, 13.6 Payment, Final 4.2.1, 4.2:9, 4.32, 9.8.2, 9.10,11.12, 11.1.3, Z 1.4.1, 11.4.5,12.3.1,13.7, 14.2.4, 14.4.3 Paynnent Bond, Performance Bond and 7.3.6.4, 9.b.7, 9.103, 11.4.9,11.5 Payments, Progress 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION Payments to Subcontractors 5.4.2,95.13,9.6.2,9.6.3,9.6.4,9.6.7, 11.4.8,14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 73.6.4, 9.6.7, 9.10.3,11.4.9,11.5 Permits, Fees and Notices Z.2.2, 3.7, 3.13, 7.3.6.4,10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Bipheayl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Compk6on 4.2.2, 43.3, $.2, 9.8, 9.9.1, 14.1.4 Progress Payments 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3,13.6,14.2.3 Project, Definition ofthe 1.1.4 Project Manager~nt Protective Liability Insurance 11.3 Project Manual, Definition of the 1.1.7 Project Manuals 2.25 Project Representatives 4.2.10 Property Instu-anee lo.2s,11.4 PROTECTION OF PERSONS PROPERTY 10 Regulations and Laws 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1, 4.4.8, 4.6, 9.6.4, 9.9.1, 10.2.2,11.1,11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6,14 Rejection of Work 3.5.1, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 1.5.2, 3.5. i, 3.12.6, 6.2.2, 8.2.i, 93.3, 9.4.2,9.5.1,9.8.2,9.10.1 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 4A, 4.5, 4.6 Responsibility for Those Performing the Work 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.5.2, 3.2, 3.7.3, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data aad Samples by Contractor 3.12 Rights aad Remedies 1. i.2, 2.3, 2.4, 3S. i, 3. i5.2, 4.2.6, 4.3.4, 4.5, 4.b, 5.3, 5.4, 6.1, 6.3, 73.1, 8.3, 9.S.i, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4,13.4,14 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 4.6.2 Safety of Persons and Property 10.2,10.6 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, i 0.1, 10.2, 10.6 Samples, DeSnition of 3.12.3 Samples, Shop Drawings, Product Data and AND 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 ea copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1870, 1976, 1987, 1997 by The American Institute of Architects. F9teenth Edrtiorr. Reproduction of the materis! herein or substantial quotation of its ~ ions without written permission of the AIA violates the copyright laws of the United States and wiq subject ~ violate to legal prosecution. WAFNVING: Urtfioe-tsed photocopying violates U.S. copyright taws and wiN the viafator to legal prosecuton. This document was electronically produced wish permission of the IA and can be reproduced in accordance with your license without violation unhl the date of e~iration as not bekrw. This docurrtertt not an original NA4D Contract Document, but a reproductiom ced b AIAM Comtract Docum ' is software for administrative purposes only and is not for outer use or resale y 8 G ?NIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES coNSUCrAnoN IARTHAN ATTORNEYIS ENCOURAGED WITH RESPECT TO ITS COMPLE7'IDN OR MODIFICATPONL AuTHENT1CATlON OF THIS ELECTRONICALLY DRAFTEDMA OOCIIMENT MAYBE MADE 8Y USING AIA DOCUMENT D40f. This docrrmer-t has been approved and endorsed by The Assoaated Genera! Contractors d America. ,_ '•~~+" ~ttnt^rt[ ot9s~ pus AlA DOCUMENT A201-1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American lnstituie of Atch~ects 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 Schedule of values 92, 9.3.1 . Schedules, Constnuctioa 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.72, 6.1.3 Separate Contracts and Conunctors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 4.b.4, 6, 8.3.1,11.4.7, 12.1.2,12.2.5 Shop Drawings, Definition of 3.12.1 Shop Drawings,l?toduct Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site inspections 1.22,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2, 9.10.1,13.5 Site Visits, Architect's 4.2.2, 4.2.9, 4.3.4, 9.4.2, 95.1, 9.9.2, 9.10.1,13.5 Special Inspections and Testing 4.2.6,12.2.1, i3.5 Specifications, Defiinition of the 1.1.6 specifications, The 1.1.1,1.1.6,1.1.7,1.2.2, 1.6, 3.i 1, 3.12.10, 3.17 Stahete of Limitations 4.6.3,12.2.6, 13.7 Stopping the Work 2.3, 4.3.6, 9.7, 10.3, 14.1 Stored Materials 6.2.1,9.3.2,10.2.12,10.2.4,11.4.1.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcotttractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.1010.2.1, l 1,4.7, 11.4.8, 14.1, 14.2.1, 143.2 Submittals 1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3, 7.3.6,9.2,9.3,9.8,9.9.1,9.10.2,9.10.3, 11.1.3 Subrogatioq Waivers of 6.1.1,11.4,5,11.4.7 Substantial Corztpletion 4.2.9,8.1.1,8.1.3,82.3,9.4.2,9.8,9.9.1, 9.10.3, 9.10.4.2,12.2,13.7 Substantial Completion, Definition of 9.8.1 SubsStution of Subcontracxors 5.2.3, 52.4 Substitutioa of Architect 4.1.3 Substituuioas of Materials 3.4.2, 35.1, 7.3.7 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 4,3.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.6, 8.2, 8.3.i, 9.4.2, 10, 12, 14 Surety 4.4.7, 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14A Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 4.3.b, 5.4.1.1, 11.4.9,14 Taxes 3.6, 3.8.2.1, 7.3.6.4 Terminatioa by the Contractor 4.3.10,14.1 Termination by the Owner for Cause 4.3.10, 5.4.t.t,14.2 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4,2.9,9.4.2, 9.8.3, ® Copyright 1911, 1915, 1918, 19~i, 1937, 1951, 1958, 1961, f963, 1966, 1967, 1970, 1976, 1987, 1997 by The American In4titute of Architects. Ffteemth Ec6don. Reproduction of the material herein Or substantial quotation of its p siorB without written permission of the AIA violates the copyright Laws of the UNted States and vriN subject violate ro legs! prosecution. WARNING: lldicensed phorocopying violates U.S. copyright laws and wiq 'ect the viotaror ro legal prosecution. This doamemt was eleckradcally produced with permission of the', U+ and can be reproduced in acr~rdance with your license without violation urrttl the date of e~iration as not bebw_ This doountent ' not en original AIA~ Contrail Document, but a reproduction produced by AIA® Contrail Doarrq' rrta software for sdmirastrative purposes only and is riot for other use or resale. 9 THIS DOCUMENT H,4S IMPORTANT LEGAL CONSEQUENCES. CONSULTATION iNITHAN ATTORNEYIS ENCOURAGED WIlN RESI~EECr ro rrs COMPLETION OR MODIFlCATION. AUTI~NTICATION OF THIS ELECTRONICALLY DRAFrFDAIA DOCUMENT MAYBE MADE BY USING A(A DOCUMENT Door. i'his document has been approved and endorsed by The Associated GenersJ Contractors oI America. ro~unr ~ ~ ~r'~Y1ia~ tttttttttrta o1~r Nas AIA DOCUMENT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American lrtstitute of Arch~eds 1735 Now York Avenue, N.W. Washington, D.C. 2000Bsv292 9.9.2, 9.10.1, 1D3.2, 11.4.1.1, 122.1,13.5 TIME Time, Delays and Bxtensions of 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.45, 5.2.3, 7.2.1, 7.3.1,7.4.1,7.5.1,8.3,9.5.1,9.7.1,10.3.2, 10.6.1, 14.3.2 Time Limits 2.1.2, 2.2, 2.4, 3.2.1, 3.73, 3.10, 3.11, 3.12.5,3.15.1,4.2,43,4.4,4.5,4.6,5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 93.1, 93.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.13,11.4.1 S, 11.4.6,11.4.10, I22, 135,13.7, 14 Time Limits on Claims 4.3.2,43.4,4.3.8,4.4,4.5,4.6 Title to Work 93.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.4, 8.3.1, 10.3 Unit Prices 43.9, 7.3.3.2 Use of Docurtterns 1.1.1, 1.6, 22.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 4.3.10, 9.10.5, 11.4.7, 13.4.2 Waiver of Claims by the Owner 43.10, 9.9.3, 9.10.3, 9.10.4, 11.4.3,11.4.5, 11.4.7,12.2.2.1,13.4.2,14.2.4 Waiver of Consequential Damages 4.3.1(?, 14.2.4 Waiver of Lams 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.4.5,1 1.4.7 warranty 3.5, 4.2.9, 4.35.3, 93.3, 9.8.4, 9.9.1, 9.10.4, 12.22, 13.7.1.3 Weathcr Delays 43.7.2 Work, Definition of 1.13 written Consent 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2,9.8.5,9.9.1,9.10.2,9.10.3,11.4.1, 13.2, 13.4.2 written Interpretations 4.2.11, 4.212, 4.3.6 Wriuea Notice 23, 2.4, 3.3.I, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.65, 5.2.1, 8.2.2, 9.7, 9.10,10.2.2, 10.3, 11.1.3, 11.4.6,12.2.2, 12.2.4,13.3, 14 Written Orders 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 135.2,14.3.1 THIS DOCUMENT HAS IMPORTANT LEC4L CONSEQUENCES. CONSULTATION WITH AN ATTORNEYIS ENCOURAGED WITH RESPECT TO I7S COMPLETION OR MoorFlcATloly AuTHENTICarroN OF THIS ELECTROAfICALLY DRAFrEDAIa DocuMENTMAYBE MADE BY USING AIA DOCUMENT Daol. This dvcLment hes been approved and endorsed by 77~e Assoaated General Contractors of America ARTICLE 1 GENERAL PROVISIONS 1.1 BA3iC DEFINITIONS 1.1.1 THE GONTRACT 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, Specifis~Lions, Addenda issued prior to execution of the Contract, other documents listed in the Agneernent and Modifications issued after execution of the Contract. A iWiodification is (I) a written amendment to the Contract signed by bode parties, ~~~~ (2} a Change Order, (3) a Construction Change Directive or (4) a written order for a minor ~ change in the' Work issued by the ArchitecE. Unless specifically enumerated is the Agreement, otsr~ sues ® Copyright 1911, 1915, 1918, f 925, f 9137, 1951, 1958, 1961, 19tH, 1966, 1987, 1970, 1976, 1967, 1997 by AIA DOCUMENT A201 ' 1997 The American In of Architects. Fitieemth Edtion. ~ Of the material herein or substantial GENERAL CONDITIONS OF TH& quotation ti 1ffi Eons without written permission of the AIA vitiates the copyright laws of the United States CONTRACT FOR CONSTRUCTION arx# wiM subject thei late to legal prosecution. WARNING: Unlicensed phtiocopying vitiates US. copyright laws and w~ su ' the violator to legal prosecution. This documrent was electronically produced with The American tnshtute of Arr~ects per reproduced in acxorrfarrce with N.W. mission of the A and can be your license without violation urnil the date of 1735 New York Avenue, expiration as noted ~ ebw. Washington, D.C. 20006-5292 This document ig rrot an original A1AfJ9 Cormact Document, but a reproduction produced by AIA® Contract Docu software for adminlstrative purposes oMy and is not for other uae or resets. 10 the Contract Documents do not include other documents such as bidding resiuinuncnts (advertisenaettt or invitation W bid, InsWctioms 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 Contr~t represtNs the entire and integrated agreement betwcen the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be arnended or modified o~y by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) btxvveen the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcert~nt of obligations under the Contract intended to l3acilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" meatus the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, egaipment and services provided or to be provided by the Contractor W fulfill the Contractor's obligations. "the Work may constitute the whole or a part of the Project. THIS DOCUMENT HAS IMPORTANT LEC'AL CONSEQUENCES. CONSULTATION Wl1NAN ATTOEFWEY IS ENCOURAt3ED WITH RESP~ECr TblTSCOMPLETIONOR MODlFICATIfNV. AUTHENTICATION of Tars ELECTi~olvlcALLr DRAFTED AIA DOCUMENT MAY 8E MADE 8Y UStNG AIA DOCUMENT D40f. 1.1.4 THE PRO.fECT This dorxHrrerrt has beer, apTarnved and The Project is the total construction of which the Work performed under the Contract errdbrsed by The Associated Genera! Documents may be the whole or a part and which may include construction by the Owner or Contractor ~• by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, locakion and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. i.1.6 THE SPECIFICATK)NS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample forms, Condifloas of the Contract and Specifications. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.Z.1 The intent of the Contract Documents is w include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if requited by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the ~ ~ indicated results. y .~~ ,~+r ~~ 019Y7 AW! ®Copyright 1911,. t 915, 1918, 1925, 1937, 1951, 19513, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUMENT AZOS -1997 The American I to ti Architects. Fifteenth Edition. Reproduction ti the material herein or sutrstantial GENERAL CONDITIONS OF THE quotation of its 'ions without written permission of the AIA violates the copyrright lays of the United Slates CONTRACT FOR CONSTRUCTION and writ subject viotate to legal prosecution. WARNING: Urtl~censed photocopying violates U.S. copyr ~t The American Institute of Architects Taws and vw'I1 su ' the vitiator to legal prosecution. This document was etectronicany produced 1735 New York Avenue, N.W. permission of the end can be reproduced in aoc:ordance with your license without violation ants the date ti Washurgton, D.C. 20006-5292 expiration es not ' below. TMs document not an original AIA~ Contract Document, but a reproduction produced by AIA® Contract Docu is software for administrative purposes Doty and is not for other use or resale. 11 1.2.2 Orgarkization of the Specifications into divisions, sections and articles, and arrangement cif Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.3 Unless otherwise stated in the Contract Documents, words which have well known technical or construcfion industry meanings are used in the Contract Docaments in accordance with such recognized meanings. 1.3 CAPITALIZATION 1.3.1 Tertns capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1 A.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "die" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affxt the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. ff either the Owner or ContracWr or both da not sign all the Contract Documents, the Architect shall identify sack unsigned Documents upon request. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with locai conditions under which the Work is to be perfarnted and correlated personal observations with requirements of the Contract Documents. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY LS ENCOURAGED UV17N RESPECT 7D !T3 COMPLETION OA MODIFICATFON. AUTHENTICATION OF 1)<I!S ELECTRONICALLY DRAFTEDAlA DOCUMENTMAYBE MADE BY [1.SpVG AfA DOCUMENT D4Q1. This document has been appvoved ant! endorsed by The Associated General Conhactors of Amarka. 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INStRUMENTS OF SERVICE 1.6.1 The Drawings, Specifications sad other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consnitants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain alI common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of tiro Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project They are not to be used by the Contractor or any Subcontractor, Sub- sabcontracWr or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner ~~ •+ Architect and the Architect's consultants. The Contractor, Subcontractors, Sub-subcontractors ~~ and materiai or equipment suppliers are authorized to use and reproduce applicable portions c 01497 AINA ® Copyright 1911, 915, 1918, 1925, 1937, 1951, 19513, 1961, 1963, 1968, 1967, 1970, 1976. 1987, 1997 by AIA ~~~ A201 -1997 The American krstikute of Arc~ritects. Fifteenth Editlon. Reproduction of the material herein or substantial GlS•IEAAL CONDITIONS OF THE quotation of its ions without written permission of the AIA violates the copyright taws of the United States CONTRACT FOR CONSTRUCTIt>rl and wiR subject the violate to legal prosecution. WARNING. Unrx~sed ptrotocopying violates U.S. copyri~t laws and wsi subj the violator to legal prosecution. This document was eiectror~caly produced with The American Institute of Architects permission of the A and can be reproduced in accordance with your license wittmut violation ants the date of 1735 New York Avenue, N.W. expiration as noted bekanr. Washington, D.C. 20006-5292 Tills document is riot an original AIA~ Contract Document, but a raproduclion produced by AIA~ Contracr Dorar software for administrative purposes only and Fs not for other use or resale. i 12 of the Drawings, Specifications and other documents prepared by the Architect and the . Architect's nsultants appropriate to and for use in the execution of their Work under the Contract D~uments. Ali copies made under this authorization shall bear the statutory copyright nice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's ooasultauts. Submittal or distribution to meet official regulatory rdgnirements or fig other purposes in connection with dris Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other resedved rights. ARTICLE 2 OWNER 2.i GENERAL 2.1.1 The Owner is the peason or enfity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shalt have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Subparagraph 4.2.i, the Architect does not have such authority. The teen "Owner° means the Owner or the Owner's authorized representative. 2.12 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information 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 TNlS DOCUMENT HAS IMPORTANT tEGAt CONSEQUENCES. caNSUtrAnoN Wt]'H AN ATTORNEYIS ENCOiJRAGED tMrN RESPECT TO 17S COMPLETION OR MODlFlCA170N. AUTHENT/CATfON OF THIS ELEC7AON/CALtY DRAF7'EDAL4 DOCUMENTMAYBE MADE 8Y UStNG AIA DOCUMENT D40f. record legal title to the property on which the Project is located, usually referred to as the site, nrFs document has been approved and and the Owner's interest therein. en~db~sedby The Associated Genera! Contractors of America. 2.2 INRORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 This Owner shall, at the written request of the Contractor, prior to commencement of the Work and thereafbex, furnish to the Contractor reasonable evidence that financial arrangements have been made oo fulfill the Owner's obligations under the Contract. Furnishing of such evidence shall be a' condition precedent to commencement or continuation of the World. After such evidence has bees furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. 2.22 Except for permits and fees, including tlwse required under Subparagraph 3.7,1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and .pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2,3 The Owner shall famish surveys describing physical characteristics, legal limitations and utility locations for rho site of the Project, and a legal description of the site. The Contractor Shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work 2.2,4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to ,the Contractors pedormance of the Work under the Owner's control shall be furnished b~+ the Owner after receipt from the Contractor of a written request for such ~ , ;! information) or services. ~e- ar9s~ aws ® Copyright 191 i 1915, 1918, 1925, 1937, 1951, 1968, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUMENT A201.1997 The American lrtstitute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial GENERAL CONDI710NS OF THE quotation of its p without written permission of the AW violates the copyright laws of the United States CONTRACT FOR CCtVSTRUCTION and wit) subject violate to legal prosecution. WARNING: UnC~ensed photocopying violates U.S. copyright .~ American Institute of Architects laws and wid sU, 'ect the violator to legal prosecution. This document was electronically produced with perrrrisslon of the' IA and can be reproduced in aocordarx:e with your license whhout viafation untN the date of 1735 New York Avenue, N.W. expiration as blow. Washington, D.C. 20006-52~ This document ' not sn origirrat AI141® Corgract Document, but a reproduction produr~d by AIA® Contract Docu is software for admirtistrattve purposea oMy and is rat for other use or resale. 13 r, 22.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work 2.3 OWNER'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to coned Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to cazry out Wank in accordance with the Contract Documents, the Owner may issue a written order to the I*oniractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.1.3. 2A OWNER'S RIGHT TO CARRY OUT THE WORK 2A.1 T£ the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documems and fails within aseven-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 three-day period. If the Contractor within such three-day period after receipt of such second notice fails to cotmence 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 reasonable cost of coaecting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR 3.1 GENERAL 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 suthorizcd representative. 3.i.2 The Contractor shad perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDRIONS BY CONTRACTOR 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished ; , , _ ,a by the Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing i conditions related to that portion of the Work and shall observe any conditions at the site c 01897 AWa ® Copyright 1911, ;1915, 1918, t 925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AtA DDCUMENT A201 -1997 The American I to of Architects. Fifteenth Edition. Reproduction of the material herein or substantial GENERAL CONDITIONS OF THE quotation of its p ' ' ons without written permission of the AU- violates the oopyrlght laws of the United States CONTRACT FOR CONSTRUCTION and wry subject th' oblate to legal prosecution. WARNWG: UnHoensed photocopying violates U.S. copyright The American Institute of Architects Taws and will su the vroletor to legal prosecution. This doratment was electronicaNy produced with permission of the to and can be reproduced in arxordanoa with your license without violation until the date of 1735 New York Avenue, N.W. a>¢tiration as noted bebw. Washington, D.C. 200D6-5292 This document i not an original AIAf~ Contrail Document, but a reproduction produced by AIA® Contract Docu is software far administrative purposes oMy and is not for other use or resale. 14 THIS DOCUMENT HAS IMPORTANF LEGAL CONSEQUENCES. CONSULTATION YIQTN AN ATTORNEYIS ENCQtIRAGED WITH RESPECT TO ITS COAfPLE770N OR MODlACATION. AUTHFJYTICATIQN OF THIS ELECT130NlCALLY DRAFTED AJA DOCUMENT MAY i3E MADE 8Y USING AIA DOCUMENT D4o1. This ~cument has heart approved acrd endorsed by The Assodated Genera! Contractors of America affecting it. ;These obligations are for the purpose of facilitating construction by the • Contractor add are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shaII be reported promptly to the Architect as a request for information in such form as the Architect may require. 32.2 An}~ design errors or omissions noted by the Contractor during this review shall be reported prot~tptiy to the Architect, but it is recognized that the Contractor's review is made in the Coatracti©r's capacity as a contractor acct not as a licensed design professional unless otherwise specifically provided in the Contract Documents. Tire Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the ArchitecK. Tlars DocuMENTHAS rMr~oRranrT LEGAL CONSEQUENCES 3.2.3 If the Contractor believes that additional cost or time is involved because of CONSCILTATIONWlTHAN clarifications or instructions issued by the Architect in response to the Contractor's notices or ATTOFTNEYIS ENCOUf1r4GED WITH requests for information pursuant to Subparagraphs 3.2.1 and 3.22, the Contractor shall make RESPECT TO 1T S COMPLETION OR Claims as provided in Subparagraphs 4.3.ti and 4,3.7. If the Contractor fails to perform the MODIFlCATION. AUTHENTICATION OF THlS ELEC7RON/CALLY obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages DR4FTED AIA DOCUMENT MAY SE to the Owner as would have been avoided if the Contractor had performed such obligations. MADE BY USING AIA DOCrlMFM The Contractor shall not be liable to the Owner or Architect for damages resulting from DM01. errors, inconsistencies or onussices in the Contract Documents or for differences betwcen This dorxaner~ ~ been approved and field measurements or conditions and the Contract Documents unless the Contractor endorsed by The Assoaated General recognized such error, inconsistency, omission or difference and knowingly failed to report it ~~$ ct• to the Architect. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of tyre Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning Qonstruction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. ~f the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect" if the Contractor is then instructed W proceed with the required mans, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting doss or damage. ar^ro'r' 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's; employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of ~ the Contractor or any of its Subcomractprs. ,.w '.r+YrK+i'+rC"' tlttrrtnetr€ 01997 Nq~ 0 Copyright 1911, 1915, 19113, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AtA DOCIHIAENT A20i - i997 The Amara {r~titute of An:hitects, Fifteenth Edit. Reproduction o1 the material herein or sul>stantiat GENERAL CONDITIONS OF THE quotation of its without written permission of the AIA violates the copyright laws of the UNted States CONTRACT I~R CONSTRUCTION and vu81 subject violate to legal prosecu8on. WARNING: Unlicensed photocopying violates U.S. copyright laws and w~l sir the violator to legal prosecution. This docixnent was electronicaAy produced with The American lristitute of Archkects permission of the; and can be reproduced in accordance with your iicanse wittwut viola&on until the dated 1735 New Yoik Avenue, N.W. e>~aation as not below. Washington, D.C. 20006-5292 TMs document not an original N/Y~ Contract Dois-ment, but a reproduction produced bS- AiA® Contract Docu software for administrative purposes only and is not for other use or resale. 15 i I r, •. 3.3.3 The contractor shad be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work_ 3.4 LABQR AND MATERIALS 3.4.1 Unless otherwise provided in the Contract Docume~s, the ContracWr shall provide and pay for labpr, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, ixansportation, and other facilities and services necessary for proper execution and corr~letion of the Wodc, whether temporary or permanent and whether or not incorporated oc W be incorporated in the Work 3.42 The Contractor tray make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. 7N13 DOCUMENT HAS IMPORTANT' LEGAL CONSEQUENCES. 3A.3 The Contractor shall enforce strict discipline and good order amtong the Contractor's CONSULTATIONWITHAN employees and other persons carrying out the Contract. The Contractor shall not peraut ATTORNEY 1S ENCOURAGED WITH employment of unfit persons or persons not skilled in tasks assigned to them. RESPECT TO !TS COMPIFTION OR iNOD1f7Cr4TION. AUTHENTICATION OF 7NIS ELECTRONICALLY 3.5 WARRANTY DRAFTED A!A DOCUMENT MAYBE 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment MADE BY USING AIA DOCUMENT furnished under the Contract will be of good quality and new unless otherwise required or D4t71. peunitted by the Contract Documents, that the Work will be free from defects not inherent in This ~ ~ been approved and the quality reyuit~ed or permitted, and that the Work will conform m the regtrirernents of the endorsed by The Assoaated General Contract Documents. Work not conforming to these requirements, including substitutions not Contractors ~ America. properly approved and authorized, may be considered defective. The Contractor's warranty ' excludes rem®dy for damage or defect caused by abuse, modifications not• executed by the ' Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and norrual usage. If required by the Architect. the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by tl~e Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PEE#MITS, FEES AND NOTICES 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for ,the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after',exocution of the Contract and which are legally required when bids are received or negotiations concluded. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are ~`,w,,, . _ , ~+ is accordance with applicable laws, statutes, ordinances, building codes, and rules and '" regulations. ~-Iowever, if the Contractor observes that portions of the Contract Documents are _ _ oraar xus ® Copyright 191 t, f 15, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 19&6, 1967, 1970, 1976, 1987, 1997 by /UA Dt~cxt>w+IENT axoi ' 1997 The American ! to of Architects. Fdteenth C-dition. Reproduction of the material herein or substantial GENERAL CONDITIQNS OF THE quotation of its pro ions without written permission of the AtA violates the copyright laws of the United States COl`fTRACT FOR CONSTRUCTION and +ndU subject ih violate to legal prosecution. WARNING: UNicensed photocopying vtolates U.S. copyright Taws and wiN su ect the violator to legal proseurtton. This dowmeM was electronically produced with The ~urrerican Institute of Architects permission of the and can be reproduced in accordance with your Gcer~se without violation until the date of t 735 New York Avenue. N.W. e~iration as below: Washington, t).C. 20006-5292 This document not an original AIN® Contract Document, but a reproduction produced by AIA® Contract Docurtr is software for administratfva purposes only and is not for other use or resale. 16 at variance jtlterewith, the Contractor shall promptly notify the Architect and Owner in writing, and ecessary changes shall be accomplished by appropriate Modifrcation. 3.7.4 ff the Coairector perfiorms Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules anti regulations without such notice to the Architect and Owner, the !Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 3.8 AL.t.OWANCES 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons ar entities to whom the Contractor has reasonable objection. THIS DOCUMENT'HAS IMPORTANT LEGAL CONSEQtfENCES 3.8.2 Udless otherwise provided in the Contract Documents: CONSULTA710NWITHAN ATTORNEY IS ENCOURAGED WITH .1 allowances shall cover the cost to the Connector of materials and equipment RESPECT ~ ~ ~~~ OR delivered at the site and all uired tax teas a livable trade discounts; I~IIIF7CATi01~ aVTHENTICATION ~l ~, PP OFTH1sELECTRav~cALLY .2 Contractor's costs for unloading and handling at the site, labor, installation costs, DRAFfEDAIA DOCUMENT MAYBE overhead, profit and other expenses contemplated for stated allowance amounts ~~ SY USING AIA DOCUMENT shall be included in the Contract Sam but not in the allowances; .3 whenever costs are more than or less than allowances, the Contract Sum shall be Trus ~ ~ been approved and adjusted accordingly by Change Order. The amount of the Change Order shall erMorse~al by The Associated General reflect f;l) the difference between actual costs and the allowances under Clause Conhactars ofAmerFrs. 3.8.2.1 and (2) changes in Contractor's costs under Clause 3.8.22. 3.8.3 Materials and equipment under an allowance shaII be selected by the Owner in sufficient time to avoid delay in the Work 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work The superuttend~snt shall represent the Connector, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be conlfirmed in writing. Other communications shall be similarly confirmed on written request in each case. 3.i0 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Contract, 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 revises at ajppropriate intervals as required by the conditions of the Work and Project, shall be related to entire Project to the extent required by the Contract Documents, and shat! r.r.^ provide for ~xpecLitious and practicable execution of the Work. 3.i 0.2 T'lu~e Contractor shall prepare and keep current, for the Architect's approval, a schedule of! submittals which is coordinated with the Contractor's construction schedule and ~' 'rs~w-"' allows the drehitect reasonable tune to review submittals. ~ oiso~ ~u~s _ ®CopyrigM 1911 i915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AtA QOCUCOIJDITIONS O E The American a of Architects. R[teenth EdiCion. Reproduction of the maul herdn or substantial quotation of Its 'ions without written permission of the AIA vitiates the copyright lairs of the United States t:ONTRACT FOR CONSTRUCTION and will subject violets to regal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will the violator to legal prosecution. This document was elec:tronicapy produced witlt The American irlsdhrte M Architads permission of file; IA and can be reproduced in acoort~noa with your license without violstiorr tmU') the date of 1735 New York Avenue, N.W. ~'vation as no glow. Washington, D.C. 2l?006-5292 This document n~ an original AtArfit Contract Document, but a reproduction produced by AIII® Contract Ooarm s soltwere for adminisNative purposes only and is not for other use or resale. 17 3.i 0.3 The Cpntractor shall perform the Work in general. accordance with the most recent schedules submtitted to the Owner and Architect. 3.11 DOCUMENTS AND SA~IIPLES AT THE SITE 3.11.1 The Contractor shall maintain ax the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked cutrently to record field changes and selections made during constriction, and one record copy of approved Shop Drawings, Product Data, Samples and similar t+ogtiired submittals. There shaII be available to the Architect and shall be delivered to tlm Architect for submittal to the Owner upon completion of the Work. 3.12 SHOi> DRAWINGS, PRODUCT DATA AND SAMPi.ES 3.7 2.1 Shap Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufactm+er, supplier or distributor to illustrate some portion of the Work. 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information famished by the Contractor to illustrate materials or equipment fbr some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipmerrt or workmanship and establish standards by which the Work wi'li be judged. 3.12.4 Shope Drawings, Product Data, Samples and similar submittals are not Contract Documents. Tie purpose of their submittal is to demonstrate for those portions of the Work for which subbmittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect , is subject to the limitations of Subparagraph d.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so ident~ed in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit tc- the Architect Shop Drawings, Product Data, Samples and similaz submittals required by the Contract Documents with reasonable promptness and is such sequence as to cause no defy in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 3.12.8 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined. and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked :and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.7 The Contractor shall perform no portion of the Work for which the Contract M Documents require submittal and review of Shop Drawings, Product Data, Samples or similar ~' submittals un~il the respective submittal has been approved by the Architect. c s+issr aNs ® Copyright 191 t, 1915, f 918, 1925, 1937, 1951, f 958, 1961, i 963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUNIEtdI' A201-1997 The American InsB ate of Architects. Ffteenth Edfion. Reproduction of the material herein or substantial C'~~- CONDITlOt+IS ~ T}lE quotation of its prow ions without written permission of the AIA violates the copyright iaa~s of the United States CONTRACT FOR CONSTRUCTION and v~l subject the violate to legal prosecution. WARNWG: Unl'ioensed photocopying violates U.S. copyright .~ ~~ ~~ of ~ laws and +nnll the violator to legal prosecution. This ~ocumen# was electronicaf(y produced with 1735 New York Avenue, N.W. e ~ir$tion asfnoted' ow.cen be reproduced in aocordancs with our Dense without violation until the date aF W~~~~ D.C. 20006-5292 Thin docwnent !a not an original AIAI® Contract Document, but a reproduetiat produoed l-Y AtA~ Contract Docume software for administrative purposes only and is not for other use or resale. 16 c 7HfS DOCUMENT HAS IMPORTANT LEGAL tANSEQIJElVCES. ooxst~Lranotu tnnrHAN ATTORNEYIS ENCOURAGED WITH RES~cr ro fTS ta~LEnoN OR MoaFrcarra~l atIrHENrrcanoN OF THlS ELECTROtYlt:atlY DRAFTED AfA DOCUMENT MAYBE MADE BY USING AfA DOCUMENT D40I. This dorxrrr-er# has been approved and endorsed by The assoaated General Conductors of America. r. 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor stall not be relieved of responsibility for deviations from regairements of Ehe Contract Documents by the Architect's approval of Shop Drawings,l'roduct Data, Samples or similar submittals unless the Contractor has specifically informed the Architect iq writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific dev' lion as a minor change is the Work, or (2) a Change Order or Construction Change Dit~tive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar subrtri~tais by the Architect's approval thereof. 3.12.9 The Contractor shall direct specific attention, in writing a on resubmitted Shop Drawings, Product Data, Samples or similaz submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the THIS DOCUMENT HAS fMPORTANT Architect's approval of a resubmission shall not apply to such revisions. LEGAL CONSEQUFJVCES coNSrxranoN wtrtraty 3.12.10 The Contractor shall not be required to provide professional services which A7TORlVFY IS ENOOURAGEO 1N17N constitute tltn practice of architecture or engineering unless such services are specifically RESPECT ~ I ~ ~ ~ r aired b the Contract Documents fora rtion of the Work or unless the Contractor needs MODIFICATI~ AUTI~MlCATKNII eq Y ]m OF TwS ELECTRONICALLY to provide such services in order to caery out the Contractor's responsibilities for constrnetion DRAFTED A/A DOCUMENT MAYBE means, metltpds, techniques, sequences and procedures. The Contractor shall not be required MADE t3Y USING AIA DOOUMENT to provide professional services in violation of applicable law. if professional design services ~df' or certificatid-ns by a design professional related to~ systems, materials or equipment are 7hfs dorxxnern has 6e~ert aPJ~ specifically ,required of the Contractor by the Contract Documents, the Owner and the endorsed by The Ass~oaated Genera! Architect will specify all performance and design criteria that such services tnnst satisfy. The ~^ ofAmerka Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared . by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted m''the Architect. The Owner and the Architect shall be entitled W rely upon the adequacy, ao~atracy and completeness of the services, certifications or approvals performed by such design fessionals, provided the Owner and Architect have specified to the Contractor all perfor ce and design criteria that such services mast satisfy. Pursuant to this Subparagrap 3.12.14, the Architect will review, approve or talcs other appropriate action on submittals y for the limited purpose of checking for conformance with information given and the desi~tt concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the ContracE Documents. 3.13 USA OF SITE 3.13.1 The Contractor shall confrne operations at the site to azeas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with material!; or equipment. 3.14 CU ING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching regained w complete the ork or to make its parts fit together property. ~ ~,~+ otssr aws ® Copyright 191 i, 915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 5870, 1976, 1987, 1997 by AIA DOWMENT AZOi -1997 The American I[>sti ate of Architects. Ffteenth Ed'iGon. Reproduction of the material herein or substantial GENERAL CONDITIONS OF THE quotation of its without mitten pennisswn of the AIA violates the copyright laws of the United States CONTRACT FOR CONSTRUCTION and will subject the violate to legal prosecution. WARNING: Unflcensed photocopying violates U.S. copyright laws and wifi subj the vitiator to legal prosecution. This document was electronically produced with The Artrerit~n Institute ti Architects permission of the a and can lte reproduced in accordance with your license without violation unfit the date of 1735 New York Avenue, N.W. ~~ ~ ~~, Wash'eglon, D.C. 20006-5292 is document in not an Original AIAfA Contract Doaitnent, but a reproduction produced by AIAt~ Contract Docume software for administrative purposes only artd is not for other use or relate. 19 r. • 3.14.2 The contractor shall not damage or endanger a portion of the Work or fully or partially co erect construction of the Owner or separate contractors by cutting, patching or ~'ti otherwise altn'ttg such construction, or by excavation. The Contractor shall not cut or ~' otherwise alte# such construction by the 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 unreasonably withhold from the Owner or a separate eontracWr the Contractor's consent to cutting or otherwise altering the Work 3.15 CI..ENG UP 3.15.1 The tractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Co#tractor shall remove from and about the Project waste materials, rubbish, the Contractor's rants, construction equipment, machinery and surplus materials. 7HJS DOCUMENT HAS /MPDATANT LEGAL CONSEQUENCES. 3.i 5.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner CONSULTATION WITH AN tray do so and the cost thereof shall be charged to the Contractor. ATTORNEY JS ENCOURAGED WITH RESPECT 7b JTS COMPLETION OR MODJRCA7KJN. AUTHENTICATION 3.16 ACCESS TO WORK OFTHJSELECTRONICALLY 3.16.1 The (Contractor shall provide the Owner and Architect access to the Work in DRAFTED AJA DOCUMENT MAYBE preparation and progress wherever located. MADE BY USJNG A/A DOCUMENT D4t)f. 3.17 ROIQALTIES, PATENTS AND COPYRIGHTS Tl,1s document has been approved and 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend endorsed by The Assoaated General suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Contrxtors ~~~• Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss wheal a particular design, process or product of a particular manufacturer or manufacturers' is required by the Contract Documents or where the copyright violations are contained in 'Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is atZ infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.18 INDEMNIFICATION 3.18.1 To tie fullest extent permitted by law and to the extent claims, damages, losses or expenses are trot covered by Project Management Protective Liability insurance purchased by the Conirac to accordance with Pazagraph 11.3, the Contractor shall indemnify and hold harmless the weer, Architect, Architect's consultants, and agents and employees of any of them from an¢ against claims, damages, fosses and expenses, including but not limited to atWrneys' fees arising out of or c+esultiag from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or do traction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly Toyed by them or anyone for whose acts they may be liable, regardless of whether or no} such claim, damage, loss or expense is caused is part by a party indemnified hereundea. Such obligation shall not be 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 ,4 a .~ Paragraph 3.1$. otsrr aae ® Copyright 19t 1, 1 15, 1918, 1925, f 937, 1951, 1958, 1961, 1963, 1966, 1967, 197Q, t816, 1987, 1997 by AU DOCl1MF_N'T A201-1997 The American insti to of Architects. Fifteenth C-dition. Reproduction of the material ls~rein or substantial GFJVERAL CONDITIONS OF Ti-IE quotation of its 'ions without written permission of the AIA violates the copyright laws of the United States CONTRACT FOR CONSTRUCTION and wdl subject the ate to legal prosecution. WARNING: Unlic~sed photocopying violates U.S. oopyr'igFn leafs and will su the violator to legal prosecution. TMs document was electronically pro~rced with The American tns8tute of Archtects permission of the A and can be reproduced in accordance with your license without violation until the date of 1735 New York Avenue, N.W. e cation as noted Washington, D.C. 2Q006-5292 This document is of an original AIA® Contract Document, bu! a reproduct(on produced by AIA~ Contract Decum software for administrative purposes only and is not for other usa or resale. 20 r, '• 3.18.2 In c~aims against any person or entity indenutified under this Paragraph 3.18 by an employee of ~ Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone ~ whose acts they may be Gable, the indemnification obligation under Subparagraph 3.18.1 shat[ not be limited by a limitation on amount or type of damages, contpcnsation or benefits payable by or for the Contractor or a Subcontractor under workers' contpensatioa eats, disability benefit acts or other employee benefit acts. ARTICLE 4 AI~Ii111MSTRATION OF THE CONTRACT 4.1 AR HITECT 4.1.1 The'. Architect is the person lawfully licensed to practice architectare or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout tl>re Contract Documents as if singular in number. The term "Architect" means the Atditect or the Architect's authorized representative. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. 4.1.2 Duties, responsibilities and Gnutations of authority of the Architect as set forth in the CONSULTATION 1NlTHAN Contract Documents shall not be restricted, modified or extended without written consent of ATTORNEYIS ENCOURAGER WITH the Owner, Cbntractor and Architect. Consent shall not be unreasonably withheld. RESPECT TO TTS COMPLETION OR MODIFlCA710N. AUTHENTICATION OF THIS ELECTRONICALLY 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new DRAFTEDAfADOCUMENTMAYBE Architect agslinst whom the Contractor has no reasonable objection and whose status under D~40DF SY USING AIA DOCUMENT the Contract ~ocumeats shall be that of the former Architect. This doaenent has beer, aploroved arrd 4.2 AR~HRECTS ADMINISTRATION OF THE CONTRACT endorsed 6y The Associated General 4.2.1 The Architect will provide administration of the Contract as described in the ~~ of America. Contract Documents, and will be an Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one- year period for correction of Work described in Paragraph i2.2. The Architect will have authority to act oa behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate t0 the stage of the Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress and qualify of the poRion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) W de>fermine in general if the Work is being performed in a manner indicating that the Work, when Fully completed, will be in accordance with the Contract Documents. However, the ArchitecC will not be required to make exhaustive or continuous on-site inspections to check the qu~Gty or quantity of the Work. Tire Architect will neither have control over or charge of, ndr be responsible for, the construction means, methods, techniques, sequences or procedures, qr for the safety precautions and programs in connection with the Work, since these are so1~Iy the Contractor's rights cad responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.I. r~ 4.2.3 TheArchitect will not be responsible for the Contractor's failure to perform the Work in accordaao~ with the requirements of the Contract Documents. The Architect will not have ~ ~~ control over dtarge of and will not be respo~ible for acts or omissions of the Contractor, .r ~• Subcontractot~s, or their a nts ore to ~'r~'r~ ge mp yeas, or any other persons or entities performing tateltlllr~ portions of die Work. otss~ rum ® Copyright 1911, 9t5, 1918, 1925, 1937, 1951, 1958, t961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUTAENTA201-1997 The American In ute of Architects. Fifteenth Ed'~ion. Reproduction of the material harem or substantial GENERAL t.ONDITIONS OF THE quotation of its pro alone without written permission of the AIA vidates tha copyright laws of the ilnRed States CONTRACT FOR CONSTRUCTION and will subject the violate to legal prosecution. WARNMG: Unlicensed photocopying viwlates U.S. copyright laws and wNl sub the violator to legal prosecution. This document was electronicaAy produced with The American Institute of Architects permission of the A and can be reproduced m accordance wtth your license without violation until the date of 1735 New York Avenue, N.W. exQiration as noted', Yeiow. Washington, D.C. 20006-5292 Thfe dacumerrt is not an original AIAi® Contract Document, but a reproduction produced by AIA~ Contract Docum software for administrative purposes only and is not for otfier use or resale. 2i 4.2.4 Conlltnunicatlons Facilitating Contract Administration. Except as otherwise proi~ided in the Contract Documents or when direct communications have been . specially authorized, the Owner and Contractor shall endeavor to communicate with each otit~ through'. the Arditect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communicatidns by and with Subcontractors and maternal suppliers shall be ttnough the Contractor. Ctxmmuaications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect .will review and certify the amounts due the Contractor aad will issue Certificates fur Payment in such amounts. 4.2.6 The Architect will have autitorit to re ect Work that does not conform to the THlS DOCUMENT HAS IMPORTANT Y 1 LEGAL COAtSEOtJEAtCES Contract Documents. Whenever the Architect considers it necessary or advisable, the CONSULTA71ONt WfTNAN Architect will have authority to regain: inspection or testing of the Work in accordance wish ATTORNEYISFJVCOIli4AGEDW/TN Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or RESPECT TO /75 COWIPLET1olV OR com feted. However, neither this authorit of the Architect nor a decision made is cod faith MODtF1CATlON. AUTHFJ1tTICATION P Y 8 OFTHISELEC7AONlG4LLY either to exercise or not to exercise such authority shall give rise to a duty or responsibility of DRAFTEDAIA DOCUMENT MAYBE the Architect tp the Contractor, Subcontractors, materia[ and eguipaarnt suppliers, their agents MADE BY USING AlA DOCUMENT or employees, or other persons or entities performing portions of the Work. D4vf• 7hFs docrxrrent has been ap proved and 42.7 The Architect will review and approve or take other appropriate action upon the endorsed by The AssoYaated General Contractor's submittals such as Shop Drawings, ProducE Data and Samples, but only for the ~~ olAr»erica. limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable ptampmess as to caase ao delay in the Work or is the activities of the Owner, Contractor . or separate contractors, while allowing sufficient time in the Architect's fessional 'aid meat m ~` pro ~ g 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 aitd! Quantities, or for substantiating instructions for installation or performance of equipment or trystems, ail of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of tbe Contractofs submittals shall not relieve th-e Car~tractor of the obligations under Paragraphs 33, 3.5 and 3.12 The Arch-itect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the :Architect, of any constnictioa means, methods, techniques, sequences or procedures. Tike Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 42.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize tniaor changes in the Work as provided in Paragraph 7.4. 42.9 The .tlrchitect will conduct inspections to determine the date or dates of Substantial 'lam'. Completion and the date of final completion, will receive and forward to the Owner, for the Owner's reviely 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 witht the requirements of the Contract Documents. .w tt~ Cr19i7 NAB ® Copyright 19i t, 19 5, 1918, 1925, 1937, 1951, 1958, 1961, t 963, 1966, 1967, 1970, 1976, 1987, 1997 by AtA DOCUMENT A201 •1997 The American Institu a of Architects. Fittesnth Edition. Reproduction of the material herein of substantial GENERAL CONDfTiONS OF 7HE quotation of its without written permission of the AIA vitiates the copyright taws of the Unfted States CONTRACT FOR CONSTRUCTION and wiN subject the a to legal prosecution, WARNING: unlicensed photocopying violates U.S. copydght taws and will subj the vwlator to legal prosecution. This document was etectrnmically produced with The American Institute of Architects permissbn of the AIA can be reproduced in accordance with your license without violation until the date of 1735 New York Avenue, N.W. ~ca~ e~iration as noted ow. Washington, D.C. 20006-5292 (`s~) Thh document is tan original AIA® Corrsract Document, but a reproduction produced by AIA® Contract Documanm sottwana for administrative purposes only and is not for other use or resale. 22 r. 42.10 If th~ Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilit>es and limitations of authority of such project representatives shall be as set forth in an exhibit do be incorporated in the Contract Documents. 42.11 The ;Architect will interpret and decide matters concexning performance under and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning tiMe time within which interpretations required of the Architect shall be furnished in compliaae~ with this Paragraph 4.2, then delay shall not be recognized on account of failure by thq Architect W famish such interpretations until 15 days after written request is made for them. 42.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor W secure faithful petfornrartce 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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES coNSUCranoN wlrtrAN ATTORNEY 1S ENCOURAGED WITH RESPECT TO 1TS COMPLEirION OR MODIFICATION. AUTHEN71CATlON OF THIS ELECTRONICALLY DRAFTED A/A DOCUMENT MAYBE MADE SY USING AlA DOCUMENT Door. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if This dorximera eras been approved and consistent with the intettt expressed in the Contract Documents. endorsed by Tire Assodated General Contractors of America 4.3 CUIUMS AND DISPUTES 4.3.1 Defihition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or aiher relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after ocerurettce of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. 4.3.3 Con#inukrg Contract Pertormanee. Pending final resolution of a Claim except as otherwise jagreed in writing or as provided in Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performatnce of the Contract and the Owner shall continue to n~ payments in accordance with the Contract Documents. 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered wreeee at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of',aa unusual nature, which differ materially from those ordinarily found to exist ,~ and generallylrxognized as inherent in construction activities of the character provided form ~ , , _ -w the Contract ~ocuments, then notice by the observing pazty shall be given to the other party "~" promptly lxf~ire conditions are disturbed and in no event later than 21 days after fast ~ssr ass ® Copyright 1911, 1 15, 1918, 1925, 1937. 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1967, 1997 by AIA DOCUMENTA201 -1897 The American In a of Architects. Fifteenth Edition. Reproduction of Ute material herein or substantial GENERAL CONDITIONS OF THE quotation of its without written permission of the AIA violates the copyright laws of the United States CONTRACT FOR CONSTRUCTtON and will subject they iolate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and vulU subj t the vitiator to ~ proseartion. This docxsnerit was electronically produced wffh The American Institute of An~itects permission of the AI, and can be reproduced in accordance with your license without violation until the date of 1735 New York Avenue, N.W. er¢riration as noted bw. Westrington, D.C. 20006-5292 This document is' of an original AIAi® Contract Document, but a reproduction produced by All1® Contract Docume software for admirwstrati~re purposes only and is not for other use or resale. 23 observance of the conditions. The Architect will promptly investigate such conditions and, if they differ rnat~risily and cause an increase or decttase in the Contractor's ~ of, or time required for, pe#formanee of any pact of the Work, will recommend an equitable adjustment in the Contract Sum ar Contract Time, or both. Tf the Architect determines that the conditions at the site are not materially different from those indicated in tlu Contract Documents and that no change in th¢ terms of the Contract is justified, fife Architect shall so notify the Ownex and Contractor in Vvrttittg, stating the reasons. Claims by either party is opposition to such detertniaationt be made within 21 days after the Architect has gives notice of the decision. If conditions encountered are materially different, the Contract Sum and Contract Time slhall be equitably adjusted, but if the Owner and Coahactor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for injtial determination, subject to furditer proceedings pursuant to Paragraph 4.4. 4.3.5 Claims for Additions[ Cost. If the Contractor wishes to make Claim for an increase in the' Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work Prior notice is not required for Claims relating. to an emergency endangering life or property arising under Paragraph 10.6. 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a Vvtitten interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (G) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4.3. 4.3.7 Claims for Additional Time 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of proiaable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.7.2 If adverse weather conditions are the basis for a Ctaim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of titate, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or properly because of an act or omission of the other parry, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whethex or not insured, shall be given to the other party within a reasonable time not exceeding 21 d~.ys after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. ~eetrrir 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities on finally contemplated are materially changed is a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will use substantial inequity to the Owner or Contractor, the applicable unit prices ~~ shall be egnitab~}+ adjusted. lalrrrs: c o~9a7 aaa ® Copyright 1911, 19t , 1918, 1925, 1937, 195t, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 try AIA DOCUMENT A201 -1997 The American Institut of Architects. Fifteenth EdGon. Reproduction of the material herein or substantied GENERAL CONOfTIONS OF THE quotation of its provis' without written permission of the AIA violates the copyright laws of the United States CONTRACT FOR CONSTRUCTION and wis subject the v to legal prosecution. WARNING: Ursed photocopying violates S. copyright The American Insirtute of Architects laws and yviM subject the violator to Iega! proserxrtion. This document was electronical educed "~ 1735 New York Avenue, N.W. perm~aa~ ~f~e~AIA can be reproduced in acrordance with your license witliout violation ants the date of W~i~on, D.C. 20006-5292 This document is an original AIA~ Contract Document, but a reproduction produced by All1® Contract Documents oftware for adrnimistrativa purposes only and is not for other use or resale 24 ~~ THIS DOCUMENT HAS lMPOATANT LEGAL CONSEQUENCES CONSULTATION tMTHAN ATTC~RNEYlS ENCOURAGED WITH RESPECT TO I7S COMPLETION OR MODIF1CAltTIOAL AUTHENTICATION OF 7NIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY SE MADE 8Y USING A!A DOCUMENT D40f. This dnaameM has beery approved and enotased by The Associated General Contractors ofAmerica. 4.3.10 Clalt~s for Consequer>tial Damages. The Contractor and Owner waive Claims against each offher for oonsequential damages arising out of or relating tD this Contract. This mutual waiver) includes: .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, fmancing, business and repatation, and for loss of management or gmpIoyee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal offrce expenses including the dompensation of personcel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work This mutual waiver is applicable, without limitation, to all consequential damages due to either party's ' rP.,,,;narion in accordance with Article 14. Nothing contained in this Subparagraph 4.3.10 shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents. 4.4 RESbLUTION OF CLAIMS AND DISPUTES 4.4.1 Decl~ion of Architect. Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred initia~ly to the Architect for decision. An initial decision by the Architect shall be required as aCondition precedent to mediation, arbitration or litigation of afl Claims between the Contractor and Owner arising prior to the date final payment is dae, unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by die Architect The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4.4.2 The Architect will >~eview Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2} reject the Claim in whole or in part, (3) approve the Claim, (4} suggest a compromise, or (5) advise the patties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 Ia evaluating Claims, the Architect may, but shall not be obligated to. consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. THIS DOCUMEI~f HAS fMPORTANT LEGAL CONSULTATION WITH AN ATTORNEY 1S FNOOURAGED Wl7N RESPECT TO !TS COMPLETION OR MoDrf~ca7rav Aurl~NrrcArronr OF THIS ELEC7RONfCALLY DRAFTED AIA DOCUMENT MAY t3E MADE SY USING AIA DOCUMENT D40'l. 71ris doannern free bean approved end endorsed by The Associated General Contractors of Amedra. 4.4.4 If th~ Architect requests a party to provide a response to a Claim or to famish additional sup~iorting data, such party shall respond, within ten days after receipt of such request, and :hall either provide a response on the requested supporting data, advise the Architect whet the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part 4.4.5 The architect will approve or reject Claims by written dceision, which shall state the ~ '_ reasons theref~r and which shall notify the parties of any change in the Contract Sum or '`~~~ ® copyright 1911, , The American Insti quotation of Its prov and Mull subject the laws and will subjl permission of the AI expiration as noted This document is Contract Documen 15. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by e of Architects. Flt6aenth Edition. Reproduction of the material herein or subshantial one without written permission of the AIA violates the copyright Taws of the Urn'ted States plate to legal prosecution. WARNING: UNic~lsed photocopying violates U.S. copyright t the violator to legal prosecution. This document was electronically produced with and csin be reproduced in accordance with your I'xxrnse without violation until the date of 01997 AIMS AlA DOCUMENT A201 -1997 GENERA!.. t:ONDmON3 OF THE CONTRACT FOR CONSTRUCTION n an original AIAI)D Contract Document, but a reproduction produced by AlA® software for administrathre purposes only and is not for other use or resale. 25 The American Mlstltute of Arcchitects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Contract TiMe or both. The approval or rejection of a Claim by the Architect shat! be final and binding t1n the parties but subject to mediation and arbitration. 4.4.6 When a written decision of the Architect states that (1) the decision is final but subject to mediation and arbitration and (2} a demand for arbitration of a Claim covered by such decisior must be made within 30 days after the date on which the party malting 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 Seal and binding upon the Owner and Clontractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings tiniess the decision is acceptable to ail parties concerned. 4.4.7 Upon receipt of a Claim against the Contactor or at any time thereafter, the THIS DOCUMENT HAS IMPORTANT Architect or the Owner may, but is not obligated to, notify the surety, if any, of the nature and «qt CONSE(?UENCF~ amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the CONSUtTA770NWITHAN Architect or !Rte Owner may, but is not obligated to, notify the surety and request the surety's ATTORNEYlS EAfCOURAGF..D WITH assistance in resolving the controversy. RESPEGT 70 ITS COMPLETION OR MODIFlCA7IOIV. AUTHENTICATION Or= THIS ELECTRONIC~4LLY 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such DRAFfEDAlADOCUMENTMAY6E Claim may proceed in accordance with applicable Iaw to comply whit the lien notice or filing ~~ SY USING AIA DOCUMENT deadlines prior to resolution of the Claim by the Architect, by mediation or by abbitration. ~i' 4.5 MEfb1AT10N 4.5.1 Any' Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.lOS shall, after initial decision by the Architect or 30 days after submission of the Claim to the Architects be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutat}Ily agree otherwise, snail be in accordance with the Construction Industry Mediation RtMles of the American Arbitration Association currently in effect. Request for mediation sht~ll be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or Iegal or equitable proceedings, which shall be stayed pending mediation for a period of ti0 days from the date of fil~ing, unless stayed for a longer period by agreement of the parties or court order. 4.5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held:in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 4.6 ARE#RRATION ~` 4.6.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5, shall, jsfter decision by the Architect or 30 days after submission of the Claim to the ~ •+ Architect, be subject to arbitration. Prior to abbitration, the patties shall endeavor to resolve aaurttaa disputes by m~diation in acxordance with the provisions of Paragraph 4.5. c, o~irss aaa ® Copyright 1911, i 15, t918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by NA Dt]CUNfNT A20t -1997 The American Instil to of Architects. F'rfteenth Edition. Reproduction of the material herein or substantial GENERA!. CONDITfONS OF THE quotation of Its p ions without written pemrission of the AIA violates the copyright laws of the United States CONTRACT FOR CONSTRUCTION and will subject the 'ate to legal prosecution. WARNING: Urdicensed photocopying violates U.S. copyright lews and wip 'sub' the violator to legs! prosecution. This document was electrorilcally produced with ire ~~^ Institute of Architects permission of the Ai and can be reproduced in accordance with your kcerrse whhout violation unts the date of 1735 New York Avenue, N.W. ~"` expiration as noted stow. Washington, D.C. 20006-5292 L This dotxxrtent is an original AIAI® Contract Document, but a reproduction produced by At/k® !1 COMract Decants software for administrative purposes only and is not for other use or resale. 26 This dor~nrerrt has been aparoved end endorsed by The Assoaated Genera! Contractors of America. 4.6.2 Clairrt$ not resolved by mediation shall be decided by arbitration which, unless the parties mutuaity agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association ctareatly in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.6.3 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.4.6 and 4.6.1 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 sack Claim would be barred by the applicable statute of lirnitafloas as dleterntined pursuant to Paragraph 13.7. 4.6.4 Limitsttion on Consolidation or Joinder. No azbitradon arising oat of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the Architect, the Architects employees or consultants, except by written consent containing specific referetace to the Agreement and signed by the Architect, Owner, Contractor and any other person of entity sought to be joined. No azbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contractor 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 ariganal third party or additional thud party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional petBOn or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to azbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 4.6.5 Clahrls and Timely Assertion of Claims. The party filing a notice of demand for arbitration 'Ymust assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. 4.6.6 Jud~lnent on Final Award. The award rendered by the arbitrator or arbitrators shall be final, a~rtd judgment tnay be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBt~ONTRACTORS 5.1 DEFIINITIONS 5.1.1 A Su ntractor is a person or entity who has a direct contract with the Contractor to perform a po ' a of the Work at the site. The term "Subcontractor" fs referred to throughout the Contract eats as if singular in number and means a Subcontractor or an authorized Tans vocuMENTNAS IMPORTANT LEGAtCONSEQUENCES. CONSULTA770N WITH AN ATTORNEY !S ENCOURAGED IMTH RESPECT TO f i^S COMPLETi'ON OR MODlFlCAT1011L A[lTHENTlCA710N OF THIS ELECTRONICALLY DR4FTED A!A DOCtlMENT MAY BE MADE BY USING A/A DOCUMFM D40f. This document ices been approved and endorsed by The Associated General Contractors of America. representative f the Subcontractor. The term "Subcontractor" does not include a separate "J~"@ contractor or subcontractors of a separate contractor. 5.1.Z 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 'rte o~sar aam ® Copyright 1911, 191 5, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUMENT A201 -1997 The American to of Architects. Fifteenth Ed'fion. Reproduction o1 the material herein or substantial GENERAL CONDITIONS OF THE quotation of its provisl ns without written permission of the AIA violates the copyright laws of the United States CONTRACT FOR CONSTRUCTION and witl subject the of late to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright The American Institute of Archkects larva and will the violator to Legal prosecution. This document was electronically produced with 1735 New York Avenue, N.W. e~i~'raijon ~f~~ ow.can be reproduced in accordance with your license without violation urdil the date of Wasirngton, D.C. 20(]06-5292 This document is n an original AlA® Contract Document, brit a rproductbn produced by AIA® Contract Docarmaras software for administrative purposes only and is not for outer use or resale. 27 referred to throughout the Contract Documents as if singular in number and means aSub- subcontractor o{r an authorized representative of the Sub-subcontractor. 52 AW D OF SUBCONTRACTS AND OTHER CONTRACTS FOR POR~ONS OF THE WORK 52.1 Unles otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as ~oon as practicable after award of the Contract, shall furnish in writing to the Owner thmug~the Architect the names of persons or entities (including those who are to famish mater s or equipment fabricated to a spocial design) proposod for each principal portion of the 'Work. The Architect will promptly reply to the Contractor in writing stating whether or not ~}re Owner or the Architect, after due investigation, has reasonable objection to any such propo~ed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 77-IIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES 52.2 The Contractor shall not contract with a proposed person or entity to whom the CONSULTA7N3N INITHAN Owner or Archiitect has made reasonable and timely objection. The Contractor shall not be ATTORNEY !S ENCOURAGED WITH required to contract with anyone to whom the Contractor has made reasonable objection. RESPECT TO ITS COMPLETION OR MoDrRCaTioty aurHENncanoN OFTHIS ELECTRONICALLY 5.2.3 If the Owner oc Architect has reasonable objection to a person or entity proposed by DRAFTED AG4 DOCUMENT MAYl3E the Contractor,'the Contractor shah propose another to whom the Owner or Architect has no MADE 8Y USIiVG AIA DOCUMENT reasonable objdction. If the proposed but rejected Subcontractor was reasonably capable of fit' performing the ~Woric, the Contract Sum and Contract Time shall be increased or decreased by 7hls docrerrent has been approved and the difference, '<f any, occasioned by such change, and an appropriate Change Order shall be endorsed by The Assortiateal Genera! issued before cdmmencement of the substitute Subcontractor's Work Howevea, no increase in Contractors ~~~• the Contract Su1n or Contract Time 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 substitute. 5.3 SUBQONTRACTUAL RELATIONS 5.3.1 By appropriate agreer~nt, 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 [o the Contractor by terms of the Contract Documents, and to assume towa~ the Contractor all the obligations and responsibilities, including the responsibility r safety of the Subcontractor's Work, which the Contractor, by these Documents, as umes toward the Owner and Architect. Each subcontract agreement shall preserve and p~otect the rights of the Owner and Architect ands the Contract Documents with respect to We 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 is 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 agteemdnts with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Suboontraa(:or, identify to the Subcontractor terms and conditions of the proposed ~ , , _ +',. subcontract agreement which may be at variance with the Contract Documents. ~"` civet ~ ® Copyright 1911, 191 , 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCI>tYfEMT A201-1997 The American lnstitut of Anhitects. Fifteerrth Eddion. Reproduction of the material herein or substantial GENERA!. CONDRIONS OF TFIE quotation of its provisl without written permission of the AIA violates the copyright laws of the United States CONTRACT FOR CONSTRUCTION and will subject the 'ate to legal prosecution. WARNMIG: Unlicensed photocopying violates U.S. copyright j laws and wtil subject the violator to legal prosecution. This document was electronically produced with The American Institute of Archftects l permission of the AIA ' can be reproduced in accordance with your license wiNaut violation until the date of 1735 New York Avenue, N.W. expiration as noted be Washington, D.C. 20006-5292 This document is an original AfAI® Contract Document, but a reproduction produced by NAB Contract Documents ere for administrative purposes only and is not fur other use or resale. ~ 28 ; Subcontractors will sirnihirly make copies of applicable portions of such documents available W 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 vided that: .1 signment is effective only after termination of the Contract by the Owner for pursuant to Paragraph 14.2 and only for those subcontract agreements ivvhich the Owner accepts by notifying the Subcontractor and Contractor in ~vtiting; and .2 assignment is subject W the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 U such asst nt, if the Work has been sus nded for more than 30 da the 1?~ )~ 1?e ys. THIS DOCUMENT FlAS IMPORTANT LEGAL CONSEOCIENCES. Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from CONSULTATION 1NITHAN the suspensiort~. RESPECT TO COY4fPLETION OR ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS MODIFICATION Atm~ENTicanoN OF THIS ELECTRONICALLY 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD DRAFTEDAIA DOCUMENT MAYBE SEPAARATE CONTRACTS MADE BY USING AIA DOCUMENT 6.1.1 The owner reserves the right to perform construction or operations related to the fit' Project with tlbe Owner's own forces, and to award separate contracts in connection with other Ths abcument has been approved and portions of the Project or other construction or operations on the site under Conditions of the endorsed by The Assoaated General Contract idedtical or substantially similar to these including those portions related to ~~~~ ofAmerrca. insurance and''.. waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall melee such Claim as provided in Paragraph 4.3. 6.1.2 Whea separate contracts are awarded for different portions of the Project or other construction air operations on the site, the term "Contractor" in the Contract Docnrrtents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The droner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing the~constnrction schedules when directed to do so. The Contractor shall make any revisions to construction schedule deemed necessary after a joint review and mutual agreement. a construction schedules shall then constitute the schedules to be used by the Contractor, se~, arate contractors and the Other until subsequently revised. 6.1 A Urile~s otherwise provided in the Contract Documents, when the Owner performs construction o~ operations related to the Project with the Owner's own forces, the Owner shall a~ be deemed to ~ subject m the same obligations and to have the same rights which apply W the Contractao~ under the Conditions of the Contract, including, without excluding others, those stated in~Article 3, this Article 6 and Articles 10, 11 and 12. .'. .~ ~~~,~.r 6.2 MUTkJAL RESPONSIBILITY ~~ arse ~s ®Copyright 1911, t 15, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AlA DOCUMENT A201- i9s7 The American i e of Architects. Fiteanth C-~tion. Reproc4rction of the material herein or substantial GENERAL CONDfTiONS OF THE quotation of its ons without written permission of the AIA v+dates the copyrpht laws of the United States ~NTRACT FOR CONSTRUCTION and w4 subject the ' ate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will sub) Tt-e American Institute of Architects the violator to legal prosecution. This doaxnent was electronically produced with permisson of the AI 1735 New York Avenue, N.W. and can be reprodue~d in accordance wkh your license without violation until the date of e~gliratiaon as noted bro. Washington, D.C. 20006-5292 Thls doatntent fa of an orfginsl AI/Y® Contract Document, but a reproduction produced by AIA® Contract Docum software for administrgtive purposes only and is rat for other use or resets. 29 6.2.1 The (Contractor shall afford the Owner and separate contractors reasonable oppordrtdty fo~ introduction and storage of their tnateriais and equipment and performance of `• their activities and shall connect and coordinate the Contractor's construction and operations with theirs as rjequired by the Contract Documents. 6.22 if pagt of the Contracwfs Work depends for proper execution or results upon construction ort operations by the Owttet or a separate contractor, the Contractor shaII, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies ~ defects in snch other constmaion that would render it uosni'table for such proper executa~on and results. Failure of the Contractor so to report shall constitute an acknowledgnx~nt that the Owner's or separate contraeta's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. THIS DOCUMENT HAS IMPC?RTANT LEGAL CONSEQUENCES. 6.2.3 The Qwtter shall be reimbursed by the Cantractor for costs incurred by the Owner CONSULTATfONWiTHAN. which are pay~.ble to a separate contractor because of delays, improperly timed activities or ATTORNEYISENCOURAGED-WITH defective construction of the Contractor. The Owner shall be responsible to tl~ Contractor for RESPECT TO ITS COMPLETION OR costs incurred 'by the Contractor because of Bela -dOD-FICATIOnI. AUTHENTICA710N ys, improperly timed activities, damage to the OF THIS ELECTRONICALLY Work or defectiive conshnetion of a separate contractor. DRAFTED A!A DOCUMENT MAY SE MADE BY USING AIA DOCUMENT 6.2.4 The Contractor shall promptly remedy damage wrongfuIIy caused by the Contractor D4ol' to completed dr partially completed construction or to property of the Owner or separate This docr~rr>errt ~ been ~ and contracxors as provided in Subparagraph 10.25. endorsed by The Associated General Contractors of America. 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as aze described for the Contractor is Subparagraph 3.14. 6.3 OWN~R'S RIGHT TO CLEAN UP ~--~, 6.3.1 If a di Ante arises arrmng the Contractor, separate contractors and the Owner as W the ~~ responsibility rlnder their respective contracts for maiataiaing the premises and surrounding area free from !waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost: among those responsible. ARTICLE 7 CHAES IN THE WORK 7.1 GEN RAL 7.1.1 Chan in the Work may be accomplished after execution 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 thr# Contract Documents. 7.i .2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a C struction Change Directive coquires agreement by the Owner and Architect and may or ma not be agreed to by the Contractor; an order for a rniaor change in the Work may be issued the Architect alone. 7.1.3 Chang s in the Work shalt be performed under applicable provisions of the Contract Documents, the Contractor shall proceed promptly, unless otherwise provided is the ~~,~ Change Order, traction Change Directive or order for a minor change in the Work ; orasr aces ® Capytight 1911, 191 , 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by NA DO(:1f1~At~tT A2F?1 -1997 The American lnstitut of Architects. Fifteenth Edition. Reprockx~on of the material herein or substantial GENERAL CONDITIONS Ot= THE quotation of its provisi s without written permission of the AlA violates the copyright laws of the lJnited States CONTRACT FOR CONSTRtJCT10N and wiN subject the vi ate to legal prosecution, WARMNG: Unlicensed ptwrtocopying violates U.S. cePy~ laws and w~l subject the vbiator to legal prosecution. TMs document was electronicatly produced with The American Institute of Architects permission of the AIA can be reproduced in accordance with your license without vioiatron until the date of t 735 New Yak Avenue, N.W. e~iration as noted Washington, D.C. 20006.5292 This docuraeni is an origins! Ai/MD Contract Doarment, but a reproduction produced by AIA® Contract Documents oftware for administrative Qurposes only end is not for other use or resale. 30 7.2 CHANGE ORDERS 7.2.1 A ange Order is a written instrun~rt prepared by the Architect aad signed by the Owner, Contactor and Architect, stating their agreement upon all of the following. .1 change in the Work; .2 the amount of the adjustment, if any, in the Contrast Sum; and .3 the extent of the adjustment, if any, in the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Copstrtrebion Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if' any, in the Contract Sum or Contract Tune, or both. The Owttex may by Construction Change Directive, without invalidating the Cottract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Canstnrction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. 7.3.3 1£ the Construction ~ Change Directive provides for an adjustment m the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itenuzed and supported by sufficient sirbstandating data m permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cast to be determined irr a manner agreed upon by the parties and a mutually acceptable fixed or percentage 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 dlisagreement with the method, if any, provided in the Construction Change Directive for d$temuning the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contraeflor therewith, including adjustment in Contract Sum and Coatract Tune or the method for de~rminiag them Such agreement shall be effective immediately..and shall be recorded as a Change Order. THIS DOCUMENT HASlMPORTANT LEGAL CONSEQUENCES. COl1fS(~TATiON WITHAN ATTORAIEYlS ENCOUR4GED WITH RESPECT TO !ls faO~tPLETlON OR MODlFlCA7i011L AUFHENTlCA710N OF THIS FIECTRONICALLY DRAfTEDAIA DOCUMi=NTMAYBE MADE BY USING AIA DOCUMENT D401. T rite doceerre-rt has beer- approved end enabrsed by The Associated General Contractors of America. 7.3.8 if thee. 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 >ta+~rw Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to t[re change, including, in case of an increase in the Contract Sum, a reasonable allowance for ' erhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor ~ shall keep andnt, in such form as the Architect may prescn'be, as itemized accounting ~~~~, together with appropriate supporting data. Unless otherwise provided in the Contract ~ orssr a,~s ® Copyright 1911, 19 5, 1918, 1925, 1937, 1951, 1958, 1961, 19tH, 1966, 1967, 1970, 197f3, 1987, 1997 by AtA WClMY1F~IT A201-1997 The American Institut of An;hitects. Fifteenth Edition. Reproduabn M the material herein or substantial GENERNL CONDITIONS OF THE quotation of its provis without written permission of the AlA violates the copyright laws of the Urited States CONTRACT FOR CONSTRUCTION and wr~l subject the ate to legal prosecution. WARNING: UnC~cansed photocopying vitiates U.S. copyright The Americ~- Institute d Arr:hitects laws and wiN subject the vblator to legal prosecution. This document was electronically produced with permission of the AIA can be reproduced in acx;ordarrce with your license whhout violation until the date of t 735 New York Avenue, N.W. expiration as noted be Washington, D.C. 20006.5292 ~Th1a document is an original AINt~ Contract Document, but a reproduction produced by AIA® Contract Documenb re for adrnlnlstrativa purposes only and is cwt for other use ~ resale. 31 Documents, costs for the purposes of this Subparagraph 73.6 shall be limited to the following: ~! .1 costs of labor, including social security, old age and unemployment insurance, ficinge benefits required by agreement or custom, and workers' compensation lilstlianCe; .2 costs of materials, supplies and equipment, including 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; A costs of premiums for all bonds and insurance, permit fees, and sales, are of sitttilar taxes related to the Work; and .5 additional costs of supervision and field office personnel directly attributable to the change. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. . 7.3.7 The atnouat of credit to be allowed by the Contractor to the Owner for a deletion or CONSUtTAIiONWiTNAN change which results in a net decrease in the Contract Sum shall be actual net cost as ATTORNE'YtS ENCOURAGED Wl7N confirmed by the Architect. When both additions and credits covering related Work or ~Q ~~ AUTHE~ON substitutions are involved in a change, the sIlowance for overhead and profit shall be figured pF THIS ELEC7F70NICAllY on the basis of net increase, if any, with respect to that change. DRAFTED AlA DOCUMENT MAYBE MADE 8Y UStNG A!A DOCUMENT 7.3.8 Pending final determinafion of the total cost of a Construction Change Directive to ~Ot' the Owner, armounts not in dispute for such changes in the Work shall be included in This ,~ l~ ,~„ 8ppnved end Applications far Payment accompanied by a Change Order indicaring the parties' agrt~ment endorsed by 71-e Associated General with part or all of such costs. For any portion of such cost that remains in dispute, the Contractors of ~~• Architect will make an interim determination for purposes of monthly certification for payment for [boss costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concemiing the. adjustments in the Contract Sum and Contract Tune, or otherwise leach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by pre~iaration and execution of an appropriate Change Order. 7.4 MINOp CHANGES IN THE WORK 7.4.1 The Arkchitect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written ceder and shalE be binding on the Owner and Contractor. The ContracWr shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFlNITIONS a~ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. 8.12 The dace of commencement of the Work is the date established in the Agreement. ~ ., . _ ~;, or9er nuns 4~ Copyright 19i 1, 191, , 1918, i 925, 1937, 1957 , i958, 1951, 1963, 1966, 1967, 1970. 1976, 1987, 1997 by AtA DOCUMENT A201 -1997 The American In of Architects. Fifteenth Edrtion. Reproduction of the material herein or substantial GENERAL CONDfT10NS OF THE quotation of its provisi without written permission of the AfA vitiates the copyright laws of the United States CONTRACT FOR CONSTRUCTION end win st,bject the vio a to lief prosecution. WARNING: Unlicensed photocopying violates U.S. copysigtrt laws and vrnl subject the violator to legal prosecution. This document was eledronicaNy produr~d with The American Institute of Architects permisskxr of the AIA can be reproduced in accordance wfth your t~cense without violation untn the date of 1735 New York Avenue, N.W . e~iration as noted bet Washington, D.C. 20006-5292 This document is n an original AIA~ Contrail Document, but a reproduction produced by AIA~ Contract Documents re for ~ministrative purposes only and Is Wort for other use or resale. 32 8.1.3 Thedate of Substantial Completion is the date certified by the Architecttn accordance Paragraph 9.8, 8.1 A The term "day" as used in the Contract Documents shaII mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.1 Timd limits stated in the Contract Documents are of the essence of the Contract. By executing the ~ Agreement the Contractor confirms chat the Contract Time is a reasonable period for per~ortning the Work 8.2.2 The Contractor shall not knowingly, except by agreement or instntction of the Owner in writing, prgmaturely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be famished by fire Contractor and Owner. The date of comnlencettaent of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Docnments or a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and outer security interests. 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shalt achieve Substantial Corttpletion within the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME $.3.1 if the' Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contttlctor ea~tloyed by the Owner, or by changes ordered in the Work, or by labor disputes, fete, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3.' 8.3.3 This )paragraph 8.3 does cot preclude recovery of damages for delay by either party under other prdvisions of the Contract Documents. mrs DocuMENrwts IMPoRrANr LEGAL CONSEQUENCES. coNStxranoN wmaAN ATTORNEY fS ENCOURAGED WITH RESPECT TO 1TS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTEDAIA DOCUMENT MAYBE MADE 8Y USING AlA DOCUMENT D40f. T7tls document ttas been approved and endorsed by The Assoaated General Contractors of America. ARTICLE 9 PAY ENTS AND COMPLETION 9.1 CO RACT SUM 9.1.1 The ntract Sum is stated in the Agreement and, including autbodzed adjustments, is the total ,ant payable by the Owrter to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHL~DULE OF VALUES 92.1 Befort~ the first Application for Payment, the Contractor shall submit to rite Architect a schedule of iralues allocated to various portions of the Work, prepared in such form and ~~ :~` 'Sre+~~w supported by such data to substanEiate its accuracy as the Architect may require. This fttttttaat[ otsrr arcs ® Copyright 1911, 19 5, 1918, t925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUMENT A201-1997 The American insti of Ar~dtiteCts. Fdteent#t Edition. Reproduction of the material herein or substantial GENERAL CONDf110NS OF THE quotation of its provisi ns without written penrission of the AIA violates the copyright laws of the United States CONTRACT FOR CONSTRUCTION and will subject the ate to legal pros~tionp WARNWG: UnNcensed photocopying violat~ pn~u opyr~h .~ American hnstitute of Architects laws and wlfl su ' the violator to secution. This document was electranical permission of the AIA d can be reproduced in accordance with your Goense without violation until the date of 1735 New York Avenue, N.W. etrpiration as rated low. Washington, D.C. 20006-5292 This document is an original AlAtlls Contract Document, but a reproduction produced by AIA® Contract Documents for adminisikativa purposes only and is not for other use or resale. 33 .. .. schedule, unless objected to by the Architect, shall be used as a basis for reviewing the ContracWts Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT 9.3.1 At least ten days before the date established for each progress payment, the Contractor shad submit to the Architect as itemized Application for Payment for operations completed in ~rdance with the schedule of values. Such application shall be notarized, if required, and r~ttpported by such data substantiating the Contractor's right to payment as the Owner ar Architect may require, such as copies of requusitions from Subcontractors and material suppliers, and reflecting retaiaage if provided for in the Contract Documents. 9.3.1.1 As provided in Subparagraph '7.3.8, such applications may include requests for payment on account of changes in the Work which have been property authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. 9.3.9.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials cad equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no Later than the time of payment The Contractor further warrants that upon subtnittal of an Application for Payment till Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by season of having provided labor, materials and equipment relating to the Work. 9.4 CERI~IFICATES FOR PAYMENT 9A.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the ~ Contractor and' Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 4.5.1. 9.4.2 The i~suance of a Certificate for Payment will constitute a representation by the ~ 'x Architect to rile Owner, based on the Architect's evaluation of the Work and the data comprising the,Application for Payment, that the Work has progressed to the point indicated c 01997 AIA® ® Copyright 1911, i 9 5, 1918, 1925, 1937, i 951, 1958, 1961, i 963, 196'6, 1967, 1970, 1976, 1987, 1997 by AIA DOCUMENT A20t -1997 The American tnstitut of Architects. Fflaenth Edition. Reproduction of the malaria[ herein or substantial GENERAL CONDI110NS OF TtiE quotation of its provic without written permission of the AIA violates the copyright laws of the Urrted States CONTRACT FOR CONSTRUCTION and wiA subject the 'late to legal prosecution. WARNING: Urdicensed photocopying vroates U.S. copyright laws and w~l subject the violator to legal prosecution. This document was electronically produced with The American Institute of Architects permission of the AIA can be reproduced in accordance with your license without violation anti the date of 1735 New York Avenue, N.W. expiration as noted Washington. D.C. 20008-5292 This document is an original AIAI® Contract Document, but a reproduction produced by AIA® Contract Documents flrrare for administrative purposes only and is not for other use or resale. 34 THIS DOCUMEM"NAS IMPORTANT LEGALCONSEOUENCES. CQNSULTA770N WITH AN ATTORNEY 1S ENCOURAGED W/7N RESPECT TO ITS COMPLE170N OR MODJFlCATIOIk AUTHEN77CATION OF 7FIIS ECEC7RONlCALLY DRAFT>=OA/A DOCI/MENT MAYBE MADE BY (JSIAiG AIA DOCUMENT D4t)1. This docurr-errt has been apXxoved and endorsed by The Associated Genera( Contractors of America. .. a. and that, ro th$ best of the Architect's knowledge, information and belief, the quality of the Work is in -acjcordance with the Contract Documents. The foregoing representations are subject ro an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent facts and inspections, to correction of minor deviations froth the Contract Documents prior ro completion and ro specific qualifications expressed by file Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled ro payment in the amount certified. However, the issuance of a ~:ertificate for Payment will not be a representation that the Architect has (1) made exhaustijve or continuous oft-site inspections to chcek the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) rev~wed 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 ter' ascertain how or for what purpose the Contractor has used money previously paid on accourt~ of the Contract Surn. 9.5 DECI NS TO WITHHOLD CERTII=ICATION - 9.5.1 The feet may withhold a Certificate for Payment in whole or in part, ro the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations; ro the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable ro cdrtify 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 oh a revised amount, the Architect will promptly issue a Certifcate for Payment for the amount'for which the Architect is able ro make such representations to the Owner. The Architect may also withhold a Certificaoe for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion ro protect the Owner from loss for which the Contractor is responsible, including bss resulting from acts and omissions described in Subparagraph 3.3.2, because of: .1 defective Work not remedied; 2 tHird party claims filed or reasonable evidence indicating probable filing of such eNairns unless security acceptable ro the Owner is provided by the Contracror; .3 falilure of the Contractor ro make payments properly to Subcontractors or for lajbor, materials or equipment; - .4 rt#asonable evidence that the Work cannot be completed for the unpaid balance a~ the Contract Sum; .5 damatge ro the Owner or another contractor; .6 rgasonable evidence that the Work will not be completed within the Contract 'C'rime, and that the unpaid balance wonid not be adequate to cover actual or liquidated damages for the anticipated delay; or - .7 persistent failure ro carry out the Work in accordance with the Contract [aocumeats. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for mounts previously withheld. 9.6 PROI~RESS PAYl4AENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner sha[1 make payment in the!, manner and within the time provided in the Contract Documents, and shall so notify the ArcliitecK. ® Copyright 1911, 19 5, t918, 1925, 1937, 1951, 1958, 1981, 1963, 1966, 1987, 1970, 1976, 1987, 1997 by The American of Architects. Frlteenth Edition. Reprotk-ctiort of the material herein or substantial quotation of ds without written permission of the AIA vidatas the copyright laws of the Urrted States and wiM subject thew a to legal prosecution. WARNING: lJniicensed photocopying violates U.S. copyright taws and wiEi subj the violator to ~ prosecution. This document was eleraron(cagy produced witty permission of the AIA can be reproduced in accordance with your license without violation until the date of e~iration as noted low. This document is rp an orig[nal A(Ai~ Cortract Document, but a reproduction produced by AIA® Contract Do~xrments software for administrative purposes only and is not for other use or resale. 35 THlS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEYIS ENCOURAGED WITH RESPECT TO ITS COMPLEi70N OR MODft7CATION. AUTHENTJCATJON OF THlS ELECTRONICALLY DRAFTEDAIA DOCUMENT MAY SE MADE 8Y USlNG AIA DOCUMENT Door. This document has been approved and endorsed by The Associated General Contractors of America. '~ wM~ ltlltsrs~ ots9~ Aws AtA gt)CUYEIiT A201 -1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRIJCTiON The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, but of the amount paid to the Contractor on account of such Subcontractor's portion of the 'Work, the antiotrnt to which said Subcontractor is entitled, reflecting percentages actually retaiwed from payments to the Contractor on acxoaarnt of such Subcontractor's 'on of the Work. The Contractor shall, by appropriate agreement with each SubGan~a ~rurequire each Subcontractor to make payments to Sub-subcontractors in a' similar manner. 9.6.3 The Arc~itect will, on rogues[, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on acxonnt of portions of the Work done by such Subcontractor. 8.6.4 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 simiIaz to that provided in Subparagraphs 9.6.2, 4.6.3 and 9.6.4. 9.6.6 A Cer4ificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by'the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Slum, payments received by the Cottractor for Work properly performed by Subcontractors apd suppliers shall be held by the Contractor for those Subcontractors or suppliers who p¢rforcned Work or furaislud materials, or both, under contract with the Contractor for vJhich payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not couaningled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or Isbell entitle any person or entity to an award of punitive damages against the Contractor for hxuach of the requirements of this provision. 9.7 FAILUF~E OF PAYMENT 9.7.1 If the hitect does not issue a Certificate for Payment, through no fault of the Contractor, withi~t seven days after receipt of the Contractor's Application for Payment, or if the Owner does hot pay the Contractor within seven days after the date established in the Contract Docu~nts the amount certified by the Architect or awarded by arbitration, then the Contractor may, pon seven additional days' written notice to the Owner and Architect, stop the Work until p yment of the amount owing has been received. The Contract Time shall be extended approp 'ately and the Contract Sum shall be increased by the atrrount of the Contractor`s noble costs of shut-down, delay and start up, plus interest as provided for in the Contract Doc~rments. 9.8 SUBSNT7AL COMPLETION 9.8.i Subs Completion is the stage in the progress of the Work when the Work or ~~ , . designated porn n thereof is sufficiently complete in accordance with the Contract Documents so th~ the Owner can creepy or utilize the Work for its intended use. .~ varl„y. n , The American Institute quotation of its provision and wig subject the vioU laws and w~11 subject I permission of the AIA ar expiration as noted gala This document is not Contract DocumeMS s 1918, 1925, 1937, 1951, 1958, 1961, 19(13, 1966, 19(17, 1970, 1976, 1987, 1997 by ~ Architects. Fifteenth Edition. Reproduction of the material herein or substantial without written permission of the AIA violates the copyright laws of the United States a to legal prosecution. WARNING: Unlicensed photocopying valetas U.S. copyright e violator to legal prosecution. This document was electronicauy produced with I can be reproduced in accordance with your Crcense wRhout violation until the date of an original AlA~ Contract Document, but a reproduction produced by AIA® ftware for administrative purposes only and Is not for other use or resale. 36 i THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WfTH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO fIS COMPLETION OR MODlFlCATAON. AL!'IHENTlCATION OF THIS ELECTRONICALLY DRAFTED A!A DOCUMENT MAYBE MADE BY USING AlA DOCUMENT 0401. This document has been approved and endorsed by 77re Associated General Contractors of America lam` ~~ 01987 AIAri AlA DoctIMENr azo~ - isa<rr GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architerxs 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ~ ~ i . 9.8.2 Wheu the Contractor considers that the Work, or a portion thereof which the Owner agrees to accelit separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be cxxtepleted or corrected prior to final payment. Failure to include an item on such list does not altar the responsibility of the Contractor to caomplete all Work in accordance with the Contract Documents. 9.8.3 Uponl receipt of the Contractor's list, the Architect will males an inspection to determine wheklxx the Work or designated portion thereof is substantially complete. If the ArchitecE's inspection discloses any item, whether or not included on the ContracWr's list, which is not s clearly complete in accordance witlt the Contract Documents so that the Owner can oc .dopy or utilize the Work or designated portion dtereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such ib6:m upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shalt establish the date of Substantial Coknpletion, shall establish responsibilities of the Owner and Contractor for security, maintrtnance, heat, utilities, damage to the Work and insurance, and shall fix the time within which ills Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall contmettce oa the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.5 The Gertiftcate of Substantial Completion shall be submitted to the Owner and . Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for V4fork that is incomplete or not in accordance with the requirements of the Contract Docuritents. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES CONSULTATION WlTHAN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR . MODIRCATION. AUTHENTICATrON OF 7NISELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40t. Tlrls doaxrtent has been aFproved and endorsed by The Associated Genera! Contractors ofAmerica. 9.9 PAR111AL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any a when such portion is designated by separate agreement with the Contractor, provided such pancy or use is consented to by the insurer as required under Clause 11.4.1.5 and a orized by public authorities having jurisdiction over the Work Such partial occupancy or ~tse may continence whether or not the portion is substantially complete, provided the 0lvner and Contractor have accepted in writing the responsibilities assigned to each of them fqr payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and ' surance, and have agreed in writing coaccming the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subpazagraph 9.8.2. Consent of the Contractor to partial occup y or use shall not be unreasonably withheld. The stage of the progress of the Work shall be etermined by written agreement between the Owner and Contractor or, if no agreement is by decision of the Architect. .". ' •ir~ ~.rl;rr tttttattttwi m C:opyrtght 1911, t 9i , 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1968, 1967, 1970, 1976, 1987, 1997 by The American Institut of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of ifs provisi without written permission of the AIA violates the cePY~+t laws of the United States and will subject the vi late to legal prosecaJtion. WARNING: UNicensed photocopying violates U.S. copyright laws and wiR subject the violator to .legal prosecution. This dowmerd was electronically produced with permission of the AIA can be reproduced [n accordance with your Ncense wdFiout violation until the date of xprralian as noted ba is document is tan original AIA® Contrail Document, but a reproduction produced by AIA® Contract Documents re for administrative purposes only and is not for other use o< resale. 37 o~ssrr acs AIA DOCUMENT A201 -1!19'7 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Arohitects 1735 New York Avenue, N.W. Washington. D.C. 20006-5292 ~. ~. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall 'oindy inspect the area to be occupied or portion of the Work to be used in order to ne and record the coition 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 acceptance of Work not complying with the requirements of the Contract Docunhentc. 9.10 FINAl. COMPLETION AND FlNAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will prompdy issue a final Certificate for )aayment stating that to the best of the Architect's knowledge, information and belief, and on lrhe basis of the Architect's on-site visits and inspections, the Work has bees completed in accordance with terms and conditions of the Contract Documents and that the entice balance found to be due the Contractor and noted in the 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 entided 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 wlich the Owner or the Owner's propetity might be responsible or encumbered (less amounts withheld by Ow~r) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currendy in effect and will not be canceled or allowed to expire unfit at least 30 days` prior written notice has been given . to the Owner, (8) a written statement that the Contractor knows of no substantia! 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 ~$ may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiv r rerequired by the Owner, the Contractor may furnish a bond satisfactory to the Owner to rode fy the Owner against such lien. If such lien remains unsatisfied after payments are mlade, the Contractor shall refund W the Owner all money that the Owner may be compelled tm pay in discharging such lien, including all costs and reasonable attorneys' fees. 9.10.3 lf, afteir Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, anti dce Architect so confirms, the Owner shall, upon application by the Contractor and 'certification by the Architect, arc! without terminating the Contract, make payment of the ~alance dne for that portion of the Work fully completed and accepted. If the remaining bola ce for Work not fully completed or convected is less than retainage stipulated in th,e Contract ocuments, and if bonds have been furnished, the written consent of surety to ~ , , _ ~+ payment of the alaace due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such c ocs9r nuns ® Copyright 1911, 191, , 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUMF~IT A2M -1997 The American !refit of Architects. Fifteenth Edrti~on. Reproduction of the material herein or substantial GENERAL CONDITIONS OF THE quotation of its provisi without written permiss'art of the AW violates the copyright laws of the United States OONTRACT FOR CONSTRUCTION and wiA subject the ate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. r~pyri~t laws and wiN subje~ the violator to legal prosecution. This document was electronically produced with The Amerkarr institute of Architects permissan of the AIA d can be reproduced in accordance with your license without violation until the date of 1735 New York Avenue, N.W. e~iration as noted bet Washington, D.C. 20006-5292 This document is n t an origins! AIA® Contraq Document, but a reproduction produced by AIA® Conrad Documents oftware ibr administrative purposes only acrd is not for otheY use or resale. 38 c r>als DocuMEnrrHas IMPORTANT LEGAL CONSEQUENCES CONSULTATION tMTHAN ATFORNEYIS ENCOURAGED WITH RESPECT TO 1T5 COMPLET/OIY OR MODlF7CATION. AUTHENTICATJON OFTNIS ELEC7RON/CALlY DRAFTED AlA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America a ~• paymear snail t#e made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.4 The malting of final payment sha(1 constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unssettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documrents. 9.10.5 Acceptance of final payment by the Contractor, a Subcontracxor or material supplier shall constitute a. waiver of claims by that payee except those previously made in writing and THIS DOCUMENT HAS IMPORTANT identified by that payee as unsettled at the time of final Application for Payment. LEGAL CONSEQUENCES CONSULTA770N WR"H AN ARTICLE i0 PROITECTION OF PERSONS AND PROPERTY aTTORNEYISENCOURAGEDwrTH 10.1 SAFETY PRECAUTIONS AND PROGRAMS RESPECT TO 1TS COMPLETK)lV OA 10,1.1 The Contractor shall be responsible for initiating, maintaining and supervising all MODIFlCATlOIV. AUTHENTICATION OF THIS ELECTRONICALLY safety precautions and programs in connection with the perfomrance of the Contract DRAFTED AIA DOCUMENT MAY t3E MADE BY USING ALA DOCUMENT 10.2 SAFETY OF PERSONS AND PROPERTY ~~I• 10.2.1 The Clontractor shall rake reasonable precautions for safety of, and shalt provide TNs ~,~ ~ beery aPP~'ed and reasonable protection to prevent damage, injury or loss to: endorsed by The AssociateYt genera! .1 employees on the Work and other persons who may be affected thereby; Contractors ~~ce• .2 the Work and mateaals and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractofs Subcontractors or Sub-subcontractors; 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, relocation or replacement in the course of coastructioa 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, reasonable 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. 10,2A When use or storage of explosives or other hazardous materials or equiptt~nt 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 toss insured under roperty insurance required by the Contract Documents) to property r+eferre~ to in Clauses 10.~ 1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, ~.,~~ ~~ a Sub-subcoatkactor, 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 ®Copyright 1911, 1 owes use i5, 19t8, t925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 197t7, 1978, 1987, 1997 by AIADOCUTAEMA20'I -1997 The American Institu te of Archftrrcts. Fifteenth Edition. Reproduction of the material herein or substantial GENERAL CONDTIiONS OF THE quotation of its provi without written permission of the AIA vitiates the copyright laws of the united States COIJ173ACT FOR CONSTRUCTION and will subject the olate to legal prosecution. WARNING: Unlicensed photocopying violates US. copyright laws and w~l subj t the violator to legal prosecution, This document was electronicaNy produced with The American Institute of Ar+chkecis permission of the A ' and can be reproduced in aooordarxae with your License wkhart violation until the date of 1735 New York Avenue, N.W. exp vation as noted low. Washington, D.C. 20006-5292 This document is an origins! AlA® Contract Document, but a reproduction producxd by AIA® CoMracl Document sotiware for administrative purposes only and is not for other use or resale. 39 ~ ~ i . 10.2.1.2 and 10.x.1.3, except damage or loss attributable W acts or on»ssions of the Owner or Architect or an , directly or indirectly employed by either.of them, or by anyone for whose acts either of totem may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition tD the Contractor's obligations under Paragraph 3.18. 102.6 The Contractor shall designate a responsible member of the Cottractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractors sulperintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. i 0.2.7 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 HAZA~If?OUS MATf~R1ALS 70.3.1 If reasonable pxecautions will be inadequate to prevent foreseeable bodily injury of death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and ,Architect in writing. 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be pt>rsent, to verify that it has been rendered hornless. Unless otherwise required by the Contract Documents, the Owner shall famish is writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests vierifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architdct will promptly reply W the Owner in writing stating whetla=r or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect hajs an objection to a person or entity proposed by the Owner, the Owner shall propox another to whom the Contractor and the Architect have no reasonable objection. When the malarial or substance has been rendered harmless, Work in the affected area shall resume upon favritten agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor`s reasonable additional costs of shut-down, delay and start-up, which adjustments shall be accomplished as provided in Article 7. 10.3.3 To dte fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including 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 or substance presents the risk of bodily injury or death as described in 5ubpazagraph 10.3.1 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 d&stmction of tangible property (other than the Work itself) and provided that such damage, doss or expense is not due to the sole negligence of a party seeking indemnity. '.aF+`4~+ra-+~r ~; a~tssr aas ® Copyright 1911, 1 ,15, 1918, 1925, 1937, 1951, 1958. 1961, 1963, t966, 1967, 1970, 1976, t987, 1997 by AIA DOCUMF~IT A201 -1997 The American Instil of Aroh+tecis. Fifteenth C-dition. Reproduction of the material herein or substantial GENERAL CONDITIONS OF THE quotation of its pro ' ors without written permission of the AIA violates the copyright laws of the United States CONTRACT FOR CONSTR11CTlON aM w<'!f subied tfie olate to legal Pmse~cution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subj the violator to legal prosecution. This document was electronicaNy produced with T-~ American Instidtte of Architects permission of the AI and can be reproduced in acxardance with your license without violation until the date of 1735 idea' York Avenue, N.W. expiration as noted Washington, D.C. 20006-5292 This document is an original NAI® Contract Document, but a reproduction produced by AIA® Comract Documen software for administrative purposes only and is rot for other „se or resale. ~ 40 Wars DocuMFNrHas IMPORraivr LEGAL DaNSC-DUEIUCE,s COMSIATATiON WITH AN ATTORNEY IS ENCOURAGED W1TH RESPECT TD !T5 COMPLETlOl1f OR MODiF1CATIOK AUTHENTICATION OF THIS ELECTRONICALLY DRAFTEDAW DOCUMFMMAYBE MADE BY I1SlNG AW DOCUMENT D401. This document has been aAgroved and endbrsed by Tlee Associated General Contractors of Amark~. ~, 10.4 The gwner shall not be responsible under Paragraph 10.3 for materials and substances bro~gltt to the site by the Contractor unless such materials or substances were required by the ontract Documents. i0.5 I~ without negligence on the part of the Contractor, the Contractor is held liable for the cost of rem~diation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and explense thereby incurred. 10.6 EME~tGENCIES 10.6.7 In an E=mergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation mr 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 CONlT'RACTOR'S LIABILITY INSURANCE 11.1.1 'The contractor shall purchase from and maintain in a company or connpanies lawfully authorized to~ do business in the jurisdiction in which the Pmject is located such insurance as will protect the Contractor from claims set forth below which tray 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 directl~+ or indirectly employed by any of them, or by anyone for whose acts any of them maybe liable: ,1 c~,aims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; ,2 claims for damages because of bodily injury, occupational sickness or disease, ar death of the Contractor s employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other thaw the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; ,5 dlaims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 dlaims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; ,7 dlaims for bodily injury or property damage arising out of completed operations; ~ttd .8 ~dlairns involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. 11.1.2 The insurance required by Subpazagraph 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is eater Covera es whether written on an occurrence or claims-made bast shall be THIS DOCUMENT' HAS IMPORTANT LEGAL CO/YSEflUENCES CONSULTATION WITH AN ATTORNEYlS ENCOURAGED W1TN RESPECT TO fTS COMPLETION OR MonrFlCanonl. aUTHENnCATION OF 7XNS ELECTRONICALLY DRAFTED AlA DOCUMENT MAYBE MADE BY USgVG AEA DOCUMENT D40f, This document has been approved and endorsed by 7Ae Assoaated General Contractors of America. ~ g s' ~' maintained without intemtption from date of cotttmencement of the Work until date of final payment and >terntination of any coverage required to be ntaintaiaed after fiaai payment. 11.1.3 Certi~fcates of insurance acceptable to fire Owner shall be IIed with the Owner prior :r , to commence nt of the Work These certificates and the insurance policies required by this Paragraph 11 I~shall contain a provision that coverages afforded under the policies will not be orrrs~ .~ws ®Copyright 1911, 1 t5, 19t8, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 try AIA DOCUM~IT A2M -1997 The American I to of Architects. Fifteenth Edttion, Reproduction of the material herein ar substarnial GENERAL CONDITIONS OF THE quotation of its ions without written permission of the AIA violates the copyright laws of the United States CONTRACT FOR CONSTRUCTION and x3~ subject the 'late to legal prosecution. WARNING: Uriicensed photocopying violates P .S. copyright The American Institute of Architects laws and wslll subs the violator to legal prosecution. This document was electronicall roduceci Nn1h permission of the and can be reproduced in aoconiance with your license without vloJation until the date of 1735 New York Avenue, N.W. ~e~iration as noted low. Washington, D.C. 20006-3292 Thin document is not an original Al/k® Contract Document, but a reproduction produced by AIA® Contract t)ocumen software for administrative purposes only and is not far other use or resale. 41 y, t, canceled or allo~veri to expire until at least 30 days' prior written notice has been given to the Owner. If any o~ the foregoing insurance coverages are required to remain in force after final payment and axle reasonably available, an additional certificate evidencing continuation of such coverage Shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage on account of revised tinri ~ or claim paid under the General Aggregate, or both, shall be furnished by the Contractor with!reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIAf31LiTY pVSURANCE 11.21 The Owner shall be responsible for purchasing and maintaining the Owner's usuaE liability insurance. 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE THIS DOCUMENT HAS IMPORTANT LEGAL OONSEQUENCES. 11.3.1 Optionplly, the Owner may require the Contractor to purchase and maintain Project CONSULTATION wtTHAN Management tective Liability insurance from the Contractor's usual sources as primary ATTORNEYtS ENCOURAGED WITH coverage for tl~e Owner's, Contractor's and Architect's vicarious liability for construction RESPECT7I7ITSCOVbIPLETIONOR MODIFICATION. AUTHFMICA710N operations under the Contract. Unless otherwise required by the Contract Documents, the OF THIS ELECTRONICALLY Owner shat! reimburse the Contractor by increasing the Contract Sum to pay the cost of DRAFTEDAIADOCUMENTM.4Yt3E purchasing and irnaifi»aining such opfiona! insurance coverage, and the Contractor shall not be MADF BY USING AIA DOCUMENT responsible for purchasing any other liability insurance on behalf of the Owner. The minimum ~Of' limits of liability purchased with such coverage shall be equal to the aggregate of the limits py~ document ~ been approved and required for Contractor's Liability Insurance under Clauses 11.1.1.2 through 11.1.1.5. endorsed h1' The Assorratad Genera! Contractors of America. 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide fopr such waivers of subrogation by endorsement or otherwise. 11.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Paragraph 11.1. 11.4 PRO>#ERTY INSURANCE 11 A.1 Uales3 otherwise provided, the Owner shall purchase and maintain, in a company or companies lawifully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Snxa, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shalt be 'ned, unless otherwise provided in the Contract Documents or otherwise agreed in wri4 g by atl persons and entities who are beneficiaries of such insurance, until final payment as been made as provided in Paragraph 9.10 or until no person or entity other than the Owned has an insurable interest in the property required by this Paragraph 11.4 to be covered, whic~rever is later. This insurance shall include interests of the Owner, the Contractor, Su"~ccontractors and Sub-subcontractors in the Project. 11.4.1.1 Pr insurance shall be on an "all-risk' or equivalent policy form and shall include, withIunitation, insurance against the perils of fue (with extended coverage) and .' 'rr ~ ~ .p ...r f "'~` ~~,J o~aw wee ~ C.opyright 1911, 19tt5, t9t$, 1925, 1937, 1951, 19513, 19fi1, 1963, f966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUMENTA201-1897 The American In a of Architects. 1=ififteenth Edfition. Reproduction of the material herein or substantial GENERAL CONDITIONS OF THE quotation of its provis without written pennissron fi>f the AIA violates the copyrght laws of the United States CONTRACT FOR CONSTRt1CT10I+! and will subject the late to legal prosecution. WARNING: Unlicensed photocopyir-g violates U.S. copyright laws and wiN subj the violator to legal prosecution. This document was electronically produced wkh The American Institute of Archkec~s permission of the AW and can be reprodufi~d in acconiance with your license without violation urfitfiT the date of 1735 New York Avenue, N.W. e~iration as noted Washington, D.C. 20006-5292 This document is an original IIIA~ Contract Docurnfixrt, but a reproduction produced by AIA® Contract Document software for afiim~istrativ~e purposes only and fs not for otfrer use or resale. 42 physical loss br damage including, without duplication of coverage, theft, vandalism, malicious misdhief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable' legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.4.12 If t)1te Owner does not intend to purchase such property Insurance required by the Contract and dvith all of the coverages in the amount described above, the Owner shall so inform the Cot-tractAr in writing prior to commencement of the Work. The Contractor may then effect inslltauuce which will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Ot+der the cost thereof shall be charged to the''Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maaintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attnbutable thereto. 11.4.1.3 ff the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. 11.4.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions olf the Work in transit. rxis DocuMENrrIAS IMPORrANr LEGAL CONSEQUENCES. CONSULTATIONWITHAN ATTORNEY lS F_NGOURAGED WITH RESPECT TO ITS COMPLETION OR MODIRCanav. AurxENTlcAnoN OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY 8E MADE BY USING AIA DOCUMENT D4Qf. 11.4.1.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence 7riis dorxor+e-rt ~ been app~,ad and until the insurrattce company or companies providing property insurance have consented to endorsed by The Associated Genera! such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor ~ ~A'r'a'/ce• shall take reasonable steps to obtain consent of the insurance company of companies and shall, without knutual written consent, take ao action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 11.4.2 l3oila`r and Machinery Insurance. The Owner shall purchase and maintain boiler and ma~hinery insurance required by the Contract Documents or by Iaw, which shall specifically egver such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontraictors in the Work, and the Owner and Contractor shall be named insureds. 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such~insurance as will insure the Owner against loss of use of the Owner's property due to fire or ,other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.4.4 If the Contractor requests in writing that insurance for risks other than those described hen#in or other special causes of loss be included in the property insurance policy, the Owner shell, if possible, inclade such insurance, and the cost thereof shall be charged to Mar+rr+a the Contractor by appropriate Change Ot~der. 11.4.5 if dtpring the Project construction period the Owner insures properties, real or ~ j~ personal orb th, at or adjacent to the site by property insurance under policies separate from ~,,, , .~ those insurin the Project, or if after final payment property insurance is to be provided on the completed Pr jest through a policy or policies other than those insuring the Project during the o~»r NNe ® Copyright 1911, 1 15, t918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUMENT A207 -1997 GENERAL CONDITIONS ~ THE The American lnstit quotation of its provi a of Architects. Fitteentfi Ed'iti'on. Reproduction of the material herein or substantial ions without written permission of the AIA violates the copyright laws of the United States CONTRACT FOR OONSTRUCTION and wr11 subject the Iaws and w4 subJ olate to legal prosecution. WARNING: UnC~censed photocopying violates U.S. oopyrigM The American Institute d Anchitects the valator to legal prosecution. This document was electronically produced with permission of the A ' and can be reproduced in accor~rrce with your license without violation until the date of 1735 New York Avenue, N.W. Washington, D.C. 200063292 e~rration as noted lhls document is kniv. of an original AIA Contrail Document, but a reproduction produced by AIA® Contract Docu software for administrative purposes only and is not for other use or resale. 43 ~ 1. construction period, the Owner shalt waive all rights in accordance with the terms of Subparagraph 1;1.4.7 for damages caused by fire or other causes of loss covered by this ~ separate property insurance. All separate policies shall provide this waiver of subrogation by ~i endorsement or otherwise. 11.4.6 Before, an exposure to loss may occur, the Owner shall file with the Contractor a copy of each pQiicy that includes insurance coverages required by this Paragraph 11.4. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Bach policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. 11.4.7 Walvt!`ts of Subrogation. The Owner and Contractor waive all rights against (1) THIS DOCUMENT NAS IMPORTANT each other and any of their subcontractors, sub-subcontractors, agents and employees, each of tEGAt CO~~~~, the other, and (2) the Architect, Architect's consultants, separate contractors described in CONSULTATJON WITH AN Article 6, if any, and any of their subcontractors, sub-subcontractors, agents and employees, ATTORNEY JS ENCOURAGED WITH for damages caused by fire or other causes of loss to the extent covered by property ioseaance RESPECT FO JTS COIM1~PLETION OR obtained ursu~rtt to this Para h 11.4 or other insurance livable to the Work, MODIFlCAT1011L AUTJ•IENTp^„IITJON P SmP ProP~Y ~ aPP OF THIS ELECTRONJCALLY except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. DRA!-TEDAJA DOCUMENT MAYBE The Owner ojr Contractor, as appropriate, shall require of the Architect, Architect's MADE BY USING AIA DOCUMFM consultants, se~atate contractors described in Article 6. if any, and the subcontractors, sub- D40L subcontractors,. agents and en~loyees of nay of them, by appropriate agreements, written This ~,,,~ has teen apprrov~ed and where •legally rjequired for validity, similar waivers each in favor of other parties enumerated endorsed by 77Ae Assoc6ated General herein. The policies shall provide such waivers of subrogation by endorsetneni or otherwise. ~~~ ~~~ A waiver of subrogation shall be effective as W a person or entity even though that person 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. 11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and ta-ade payable to the Owner as fiduciary for the insureds, as their interests may appeaz, subjedt to requirennents of any applicable mortgagee clause and of Subparagraph 11.4.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by ills; Contractor, and by appropriate agreements, written where legally required for va]idiiy, shaII require Subcontractors to make payments to their Sub-subcontractors in similar manner. 11.4.9 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 5duciary. The Owner shall deposit in a separate account proceeds so received, which the Owner sha[1 distribute in accordance wikh such agreement as the parties in interest may reach, or is accordance with an arbitration sword in which case the procedure shaIl be as provided in Paragraph 4.6. If after '?l'~ such loss no oilier special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after norifeeation of a Change in the Work in accordance with Article 7. ~ ,~ ~~ ,.. 11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers ttttttttttslt unless one of the patties in interest shall object in writing within five days after occurrence of 01997 AtAO ~ Copyright 1911, 1 15, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUWIENT A201 - 1997 The American In to of Architecs. Fifteenth Edition. Reproduction of the material Herein Or substantial GENERAL CONDITIONS OF THE quotation of its pmnri ions without written permission of the AIA violates the copyright Taws of the United States CONTRACT FOR CONSTRUCTION and will subject the iolate to legal prosecution. WARNING: Unlicerrsad photocopying violates U.S. laws and will subj the violator to legal prosecution. This document was electronically The American institute of Architects permission of the A and can be reproduced in eccordarrce with your I'icense without violation untH the date of 1735 New York Avenue, N.W. expiration as noted low. Washington, D.C. 21)006-5292 This document is rwt an original NAB Contract Document, but a reproduction produced by AIA® Contract Documen software for administrative purposes only and is not for other use or resale, 44 loss to the Owner's exercise of this power, if such objection is madeY the dispute shall be resolved as pro>fided in Paragraphs 4.5 and 4.6. The Owner as ftdaciary shall, in the case of arbitration, maloe settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.5 PERFORMANCE BOND AND PAYMENT BOND 11.5.1 The Oprner shall have the right to require the Contractor to furnish bonds covering faithful perfordiance of the Contract and payment of obligations arising thereunder as stipulated in biding requirements or specifically required in the Contract Documents on the date of execution of the Contract. 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE i2 UN~OYERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a ytortion of the Work is covered contrary W the Architcet's request or to requirements specifically expressed iu the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's examination anti be replaced at the Cotrtractoz's et4pense 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 a#amine prior to its being covered, the Architect tray request to see such Work and it shall be uncovered by the Contractor. ff such Wark is in accordance with the Cantract Documents, costs of uncovering and replacement shaIl, by appropriate. (Mange Order, be at the Owner's expense. If such Work is not in acoordance with the Contract Documents, correction shad be at the Contractor's expense unless the condition was caused by the Owner or a separate Contractor in which event the Owner shalE be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejecbod by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricates, installed or completed. Costs of correcting earth rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES CONSULTATION WfTNAN ATTORNEYIS ENCOURAGED WI7N RESPECr ro -rs coMPLErION oR MODIFICATAOIJ. AUTHENTICATION OF TN1S ELECrRON1CALLY DRAFTEDAlA DOCUMENT MAYBE MADE BY USING AIA DOCUMENT D401. This obcxrrner# has teen approved arrd endorsed 6Y The Assoaated General Contractors of America. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.1 In' addition to the Contractor's obligations under Paragraph 3.5, if, within one year after the date; of Substantial Completion of the Work or designated portion thereof or after the date for comdttencett,<eat of warranties established under Subparagraph 9.9.1, or by terms of an applicable splecial warranty required by the Contract Documents, nay of the Work is found to be not in acgordance with the requirements of the Contract Documents, the Contractor shall ~ , , _ +- correct it p~n~tly after receipt of written notice from the Owner to do so unless the Owner has previous y given the Contractor a written acceptance of such condition. The Owner shall ® Copyright 1911, The American Ins quotation of its pre ar-d xn'ti subject the laws and will sat permission of the I expiration as notes TMs document i Contract Documa 915, 19t 8, 1925, 1937, 1951, 1958. f 961, 19tH, 1966, 1967, 1970, 1976, 1987, t 997 by lute of Aroltitects. Fifteenth Eefibion. Reproduction of the material ttereln or substantial alone without written permission of the AIA violates the copyright laws of the United States violate to legal prosecution. WARNtIVG: Unlicensed photocopying volates U.S. copyright xtt the violator to legal prosecution. This document was etedronically produced with A and can be reproduced in accordance with your ticer~se without violation until the date of below. not an original AINA Contract Document, #wt a reprotfuetion produced by All4® b software for administrative purposes only and is Wort for other use or resale. 45 ~sor aas AIA DOCUYENT A201-1997 GENERAL CONDI710NS OF THE CONTRACT FOR CONSTRUCTION Ttte Amerfcan Institute of Architects 1735 New York Avenue, N.W. Waslimgton, D.C. 20006-5292 give such notice promptly after discovery of the condition. During the one-year period for correction of W rk, if the Owner fails W notify the ContracWr and give the Contractor an opportunity to the correction, the Owner waives the rights to require correction by the Contractor and ~ make a claim for breach of warranty. If the Contractor fails to correct "~~~ nonoonfarming `1Vork within, a reasonable time during that period after receipt of notice from the Owner or A,n¢hitect, the Owner may correct it in accordance with Paragraph 2.4. 12.2.2,2 The one-yeaz period for correction of Work shall be extended with respect to portions of Workk first performed after Substantial Cotrrpletion by the period of time between Substantial Corr~letion cad the actual peaformance of the Wodc. 12.2.2,3 The pne-yeaz period for correction of Work shall not be extended by cormcrive Work perforted, by the Contractor pursuant m this Paragraph 12.2. THIS DOCUMENT HAS IMPORTANT LEC 4L CUNSEQUENCES. 12.2.3 The Contractor shall remove from the site portions of the Work which are cot in COAiSUtTATJONWITHAN accordance with',the requirements of the Contract Documents and are neither corrected by the ATTOANEYIS ENCOURAGED tNJTl•I Contractor nor accepted by the Owner. RESPECT TD !7S COMPLE7TON OR MODIFICATION. AUTHENTJCATION ONE THIS ELECTRONICr4LLY 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged constnrction, DRAFTED AIA DOCUMENT MAY 8E whether completed or partially completed, of the Owner or separate coturactors caused by the MADE 8Y USING AlA DOCUMENT Contractor's corrCeection or removal of Work which is not in accordance wilt the: requirements D4oy. of the Contract Documents. Tfris ~ ~ been ~~ endorsed by The Associafed General 12.2.5 Nothing contained is this Paragraph i2.2 shall be construed to establish a period of ~ ofAmerka. limitation with 'respect to other obligations which the Contractor might have under the Contract Docutttents. Establishment of the one-yeaz period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contracxor to correct the Work, and has no relationship to the; time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings ma~ be commenced to establish the Contractor's liability with respext to the } Contractor's obl gations other than specifically to correct the Work 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the 'Owner prefers to accept Work which is not in acxordance with the requirements o$ the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be induced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MIS ELLANEOUS PROVISIONS 13.1. GO NING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and leg~l representatives to the other party hereto and to partners, successors, assigns and legal rep tatives of such other party in respect to t~venants, agreements and obligations co " ed in the Contract Documents. Except as provided in Subparagraph 13.2.2, ~ •~ neither party to die Contract shalt assign the Contract as a whole without written consent of °~ Deasy aua+ ® Copyright 1911, 191 , 1918, 1925, f937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUMENT A201 -1997 The American Institut of Architects. RfteeMh Edition. Reproduction of the material herein or substantial GENERAL CONDITIONS OF THE quotation of its provisi ns without written permission of the AW violates the copyright laws of the United States C,`ONTRACT 1=0A CONSTRUCTION and will subject the vi late to leged prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and wifl subject the violator to legal prosecution. This • documerrt was eledronicaliy produced with The American Institute of ArchrTects permission of ttte AIA can be reproduced in acconiamce with your lie~nse without violation until the date of i 735 New York Avenue, N.W. expiration as noted ow. Washington, D.C. 20006-5292 This document is tan original AlAt1~ Contract Document, but a reproduction produced by Al/t~ Contract Documents flware for admirristrative purposes only and is not far other use or resale. 46 the other. If eitr party attempts to make such an assignment without such consent, that party shall neverthel remain legally responsible for all obligations under the Contract 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project In such event, the lender shall assume ~ Owner's rights and obligations under the Contract Documents. The Contractor shah exceute all consents reasonably required to facilitate such assignment. 73.3 WRIT!1'EN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a ;member of the firm or enfity or to an officer of the corporation for which it was intended, mr if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. THIS DOCUMENTHASlMPORTANT LEGAL CONSEQUENCES. 13.4 RIGH'k'S AND REMEDIES CONSULTATION tMTHAN 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies ATTORNEY IS ENCOURAGED WfTH available thereulnder shall be in addition to and not a limitation of duties, obligations, rights RESPECT TO ITS COMPLETION OR MODIFICATION. AUTNENTlCA7701V and remedies otherwise imposed or available by law. OF THIS ELECTRONJC+4LLY DRAFTEDAlA DOCUMENT MAYBE 13.4.2 No actiion or failure to act by the Owner, Architect or Contractor shall constitute a MADE BY USING AIA DOCUMENT waiver of a right or duty afforded them under the Contract, nor shall such action or failure to ~QI' act constitute approval of or acquiescence in a breach thereunder, excxpt as may be This doa,rnerrt has been aaoroved and specifically agreed in writing. endorsed by The Assoaated General Contractors oJAmerfca. 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear alt 'fated costs of tests, inspections and approvals. The Contractor shall give the Architect fimel notice of when and where tests and inspections are io be made so that the Architect may present for such procedures. The Owner shall bear costs of nests, inspections or approvals w~tich do not become requirements until after bids are received or negotiations concluded. 13.5.2 If the !Architect, Owner or public authorities having jurisdiction determine that portions of thel Work require additional testing, inspection or approval not included under Subparagraph i~3S.1, the Architect will, upon written authorization from the Owner, instruct the Contractor make arrangements for such additional testing, inspection or approval by an entity acceptab~ to the Owner, and the Contractor shah give timely notice to the Architect of when and wher~ tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Subpazagraph 13.5.3, shall be at the Owner's expenaice. ""` 13.5.3 If and 13.5.2 by the Col ® Copyright 1911, 19' The American Institul quotation of its provlsf and wID subject the vi laws and wiN subjeo permission of the AIA' e~iration as noted br This document is n Contract Documents procedures for testing, inspection or approval under Subparagraphs 13.5.1 1 failure of the portions of the Work to comply with requirements established ~~~~ Documents, all costs made necessary by such failure including those of o~ss~ aas i, 191$, 1925, 1937, 1951, 19513, 1961, 1963, 1966, 1967, 197Q, 1976, 1987, 1997 by AIA DOCUMENT142()1-1997 of Architects. Fifteenth EdiBon. Reproduction of the material herein or substantial GENERALCOND1T30NS OFTHE rs without written permission of the AIA vitiates the copyright laws of the United States CONTRACT FOR CONSTRUCTION ate to legal prosecution. WARNING: Urdicensed photocopying violates U.S. cxr~rright the violator to legal prosecution. This document was electronically produced with The American Institute of Architects nd can be reproduced in accordance with your I'icense without violation until the date of 1735 New York Avenue, N.W. ,,,, Washington, D.c. 20006-52sQ an original AIAf<3t Contract Document, but a reproduction produced by AIA® aware for adm[nistrative purposes only and is not for other use or resale. 47 repeated procec~tms and compensation for the Architect's services and expenses shall be at the Contractor's expense. ~, 13.5.4 Required certificates of testing, inspection or approval shalt, unless otherwi~ ~ required by the Contract Docntuents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the e~rchitect is to observe tests, inspections or approvals required by the Contract Docantents, thr# Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests pr inspections conducted pursuant to the Contract Documents shall be made promptly to avdid unreasonable delay in the Work: THiS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES 13.5 INTElRES7 CoNSUt.ranoN wITHAN 13.6.1 Paytn~ats due and unpaid under the Contract Documents shall bear interest from the ATTORNEY IS ENCOURAGED WITH date payment i~ due at such rate as the parties may agree upon in writing or, in the absence RESPECT TO ITS COMPLETION OA thereof, at the le al rate vailin from time to lime at the lace~where the Pro'ect is located. MOD/F7CATION. AUTHENT(CA770N g ~ g p 1 OF THIS ELECTRONICALLY DRAFTEDAU DOCUMENT MAYBE 13.7 COIIA~IIIENCEMENT OF STATUTORY L1MfTATiON PERIOD h44DE 8Yt1SlNGAIA DOCUMENT 13.7.1 As weer the Owner and Contractor. ~I• .1 Before Substantial Completion. As to acts or failures to act occurring prior tQ the relevant date of Substantial Completion, any applicable statute of lipiitations 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 S bstantial Completion; .2 een Substantial Completion and Float Certificate for Payment. AAs w acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior ro issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any a~teged cause of action shall be deemed to have accrued in any and all events not than the dax of issuance of the final Certificate for Payment; and .3 flat Final Certificate for Payment. As to acts or failures to act occurring r the relevant date of issuance of the final Certificate for Payment, any a licable statute of limitations shall commence to run and any alleged cause of Lion shall be deemed to have accrued in any and al[ events not Eater than the 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 t~ correct the Work by the Contractor under Paragraph 12.2, or the date of actual mmission of any other act or failure to perform any duty or obligation by the ontractor or Owner, whichever occurs test This document has been approved and enalvrsed by The Assorrla:ted Genera! Contractors of America. ~. ARTICLE i4 TE MINATION OR SUSPENSION OF THE CONTRACT "' 14.1 TER INATION BY THE CONTRACTOR 14.1.1 The ontractor may terminate the Contract if the Work is stopped for a period of 3d consecutive days through no act or fault of the Contractor or a Subcontractor, Sub- subcontractor or their agents orr employees or any other persons or entities performing ~~ ~~ portions of Work under direct or indirect contract with the Contractor, for any of the following r ns: otes7 NAs ® Copyright 1911, 1 15, t9f8, 1925, 1937, 1957, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCt1MEPiT A201-1997 The American Instit of Architects. Fifteenth Eddion. Reproduction of the material herein or substantial GENERAL OONDITIONS OF THE quotation of its prov without written permission of the AUl violates the copyright caws of the United States CONTRACT FOR CONSTRUCTION and wip subject the sate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subj the violator to legal prosecution. This document was electronically produced with The American institute of Architects permission of the Ai and can be reproduced in accordance with your license without violation rmh'l the dated 1735 ~' York Avenue, N.W. e~iration as noted ow. W2rshington, D.C. 20006.5292 This document is of an original AIA~ Contract Document, but a reproduction produced by A(A~ Contract Document software for administrative purposes only and is not for other use or res~e. 48 .1 issuance of an older of a court or other pubic authority having jurisdiction 'ch requires all Work to be stopped; .2 mitt act of government, such as a declaratioa of natiottal emergency which rebquires all Work to be stepped; .3 because the Architect has not issued a Certificate for Payment and has not n lifi~ed the Contractor of the reason for withholding certification as provided in 3 aragraph 9.4.1, or because the Owner has not made payment on a rtificate for Payment within the time stated in the Contract Documents; or .4 a Owner has failed to famish in the Contractor promptly, upon the ontractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 The Contractor may terminate the Contract if, thmugh no act or fault of the Contractor o[ a Subcontractor, Sub-subcontractor or their agents or employees or any other TMlS DOCUMENT HAS fMPORTAM persons or entities performing portions of the Work under direct or indirect contract with the LEGAL CONSEQUENCES Contractor, r,~uspensions, delays ~ interruptions of the entire Work by the Owner as coivSUt.TATIONWITHAN described in h 14.3 constitute is the aggregate more than 100 percent of the total ATTORNEY !S ENCOURAGED WITH number of da~hs scheduled for completion, or 120 days in any 355-day period, whichever is RESPECT TO ITS COMPLETION OR less. MODlFlCATIOIU AUTHEM1CATlON OF i'NfS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE 14.1.3 If ot>ge of the reasons described in Subparagraph 14,1.1 or 14.1.2 exists, the MADE BY USING A!A DOCUMENT Contractor mabr, upon seven days' written notice to the Owaer and Architect, terminate the fit' Contract and 'stover from the Owner payment for Work executed and for proven loss with This r~merrt ~ been ~my~ and respect W als, equipment, tools, and construction equipment and machinery, including ~ endorsed 41'TheAssaciated General reasonable ov head, profit and damages. Contractors of America. 14.1.4 If rite Work is stopped for a period of 60 consecutive days through no act or fault of the Contractorr 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 filed to fulfill the Owner's obligations under the Contract Documents with respect W maters important to the progress of the Work, the Contractor may, upon seven additional da s' written notice to the Owner and the Architect, terminate the Contract and recover from ~e Owner as provided in Subparagraph 14.1.3. 14.2 TE MINATION BY THE OWNER FOR CAUSE 14.2.1 The may terminate the Contract if the Contractor: .1 rsistentiy or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2 flails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subwntractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a ~ublic authority having jurisdiction; or .4 Otherwise is guilty of substantial breach of a provision of the Contract ~ocum,ents. 14.2.2 Whgat any of the above reasons exist, the Owner, upon certification by the Architect that snffici cause exists to justify such action, may without prejudice to any other rights or ~ ~ remedies of Owner and after giving the Contractor and the Contractor's surety, if any, ~- . , seven days' 'tten notice, terminate employment of the Contractor and tray, subject to any ~" prior rights o the surety: or9s~ nus ® Copyright 1911, t 15, 1918, 1925, 1937, 1951, 1958, 1961, 19(13, 1966, 1967, 1970, 1976, 1987, 1997 by AIA DOCUMENT A201-199% The American Imsti ate of Architects. Fifteenth Edition. Reproduction of the material herein or substantial GENERAL CONOfTiO1dS OF THE quotation of its 'ons without written permission of the AtA violates the copyright laws of the tJrrited States CONTRACT FOR CONSTRUCTION and w91 subject the 'olate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and wiM the vblator to legal prosecution. This document was electronically produced with The American institute of Arctriteds permission of the and can be rBproduoed in accordance with your Ilcx~rrse without v~ofation umll the date of 1735 New Yak Aveuwe, N.W. expiration as noted low. Washington, D.C. 20006-5292 This document i9 not an original AIA~ Contract tocument, brit a reproduction produced by AIA® Contract Docut» sofhrare for adminisfratIve purposes only and is not for other use or resale. 49 .1 t8tke possession of the site anti of all materials, equipment, tools, and construction equipment and machinery thereon owned by dte Contractor, .2 accept assignment of subcontracts pursuant W Paragraph 5.4; anti .3 finish the Work by whatever reasonable method the owner may deem e~xpedienl Upon request of the Contractor, the Owner shall furnish to the ~ontra+ctor a detailed accounting of the costs incurred by the Owcer in finishing tt-e Work 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph' 14.2.2, the Contractor shall not be entitled to receive further payment until the Work is finishled. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, THtS DOCUMENT HAS -MPOATANT including comfpensation for the Architect's services and expenses made necessary thereby, anti LEGAL CONSEQUENCES. other damage; incurred by the Owner and not expressly waived, such excess shall be paid to CONSULTATION WITHAN the Contracta#. If such costs and damages exceed the nnpaid balance, the Contractor shall pay ATTORNEY IS FJVCOU13,4GED WfTH the differences to the Owner. The amount to be paid to the Contractor or Owner, as the case RESPECT TO ITS COMPLETION OR ma be, shall be certified b the Architect, u n a lication, and this obIi tron for ~~ li~fODIFlt:ATION. AUTHENTlCAT10N Y Y Po PF ga ~ ICY OF THIS ELECTRONICALLY shall survive termination of the Contract. DR4FTEDAIA DOGUMENTMAYBE MADE BY USING AIA DOCUMt;NT 14.3 SlJSPENSION BY THE OWNER FOR CONVENIENCE D401. 14.3.1 The.Owner may, without cause, order the Contractor in writing to suspend, delay or Ti91s ~~ ~; been approved and interrupt the "IpVVork in whole or in part for such period of time as the Owner may determine. endorsed by The Assoaated Gerter8! Corrt'ractors of America. 14.$.2 The Contract Sum and Contract Time shalt be adjusted for increases in the cost and ' time caused by suspension, delay or interruption as descn'bed in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or ~• iniemrpied by another cause for which the Contractor is responsible; or .2 :that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The'' Owner may, at any time, terminate the Contract for the Owner's convenience and without Cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, far the protection and 'preservation of the Work; and .3 'except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In Case of such termination for the Owner's convenience, the Contractor shall be ~~,~ entitled to receive payment for Work executed, and costs iacutred by reason of such t termination, Tong with reasonable overhead and profit on the Work not executed. o~s9~ aws ® Copyright 1911, !1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by AIA Dt)GtJMEMTA201 ,1997 The American !n ute o4 Architects. Fitteerah Edition. Reproduciron of the material herein or substantial GENERAL CONDITIONS OF THE quotation of its pro 'tons without written permission of the AIA vitiates the twpyright laws of the UrNted States CONTRACT FOR CONSTRUCTIDlV and will) sut~ject violate to legal prosecution. WARtVING: L1nC~censed photocopying violates U.S, copyright The American Institute of Architects laws and wsl ect the violator to legal prosecution. This document was electronically produced with 1735 New York Averwe, N.W. permission of the IA and can be reproduced in accordance with your Ikense without violation until the date of e~iralion as not below. Washington, D.C. 20006-5292 This doournent not an original AIAAt3! Contract Docum~t, but a reproduction produced try NA® Contract Documm is software for administrative purposes only and is not for other use or resale. 50 • • ® Copyright 1911,.1915, 1918, 1925, 1937, 1951, f958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 bl- The American I 'lute of Architects. Fifteenth Edition. Reproduction of the material herein or s~stan6al quotation of ifs without written permission of the AlA violates the copyright laws of the United States and will subject violate ro Iega1 prosecuticn. WARNING: Unlicensed photocopying violates U.S. copyright laws and w~l su the violator to legal prosecution. This document was elechonically produced with permission of the to and can be reproduced In accordance with your license without vio~tion untr7 the date of e~vation as not heeow. Thee document i not an original AIAt~ Contract Document' but a reproduction produced by AIAfI~ Contract Docu is softvrare for adnnirna~ative purposes only anti is not for other use or resets. 51 i TNlS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION 1NfTHAN ATTORNEY IS ENCOURAGED tNI7N RESPECT TO ITS COMPLETION OR MODIFlCATION. AUTHENTICATION OF THIS ELECTRONICALLY GRAFTED AIA DOCUMENT MAYBE MADE t3Y USING A!A DOCUMENT Dd01. This document has been app~novsd and endorsed by The Associated General Contractors of America. ~,, .~ ~ ~ ~~~~~ 01997 NJ1® AIA DOCUMENT A201 -1997 GENERAL CONDtiIONS OF THE CONTRACT FOR CONSTRUCTION The American institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 • -.._.J SECTION 00750 SUPPLEMENTARY CONDITIONS The following supplements modify, change, delete from or add to the "Generai Conditions of the Contract for Construction" AIA Document A201, 1997 Edition. Where any article of General'Conditions is modified or any paragraph, subparagraph or douse thereof is madded or deleted ~y these Supplementary Cond"rfions, the unaltered provisions of the article, paragraph, subparagraph or clause shall remain in effect. The General Conditions also may be supplemented elsewhere in the contract documents by provisions located in, but not necessarily limited to, Division 1 -General Requirements of the Speciflaations. ARTIC4E i -GENERAL PROVISIONS Paragraph 1.1 -Basic Definitions Subparagraph 1.1.1 Delete the first sentence of Subparagraph 1.1.1 in its entirety and, in lieu thereof, substitute the following: [Substitute:] The Contract Documents consist of the Copyright, the Advertisement for Bids, Instructions to Bidders (AIA Document A701), Supplementary Instructions to Bidders, Substitution Request Form, Bid Forms, Contractor's Qualification Application, Non-Gollusion Affidavit of Contractor, Non-0iscrimination Affidavit of Contractor, Standard Fornn of Agreement Between Owner and Contractor (AIA Document A101}, Affidavit Accepting Provisions of the Workman's Compensation Ads, Bid Bond (AIA Document A310), Contractor Performance Bond, Contractor Labor and Material Payment Band, Conditions of the Contract (General, Supplementary and Special}, No Lien Agreement, Waiver of Liens, Contractor's Statement of Release of Liens, PA Tax Exempt Entities, Prevailing Wage Determination, the Drawings, Speafications, all Addenda issued prior to execution of the contract and all modifrcations thereto. Delete the last sentence of Subparagraph 1.1.1 in its entirety. Subparagraph 1.1.2 Add the following sub-subparagraph to the end of Subparagraph 1.1.2: 1.1.2.1 The invalidity of any covenant, restriction, condition, limitation or any other part or provision of the Contract Documents shall not impair or affect in any manner the validity, enforceability or effect of the remainder of the Contract Documents. Subparagraph 1.1.3 the following to the end of the first sentence. ~ [Add:] ....including any subcontractor's and sub-subcontractor's work and material suppliers or any other entity for whom the Contractor is responsible and whether on or off the site of the Project. r~aom s ana rcenovauons to C07r~p _ ~ Cum nand County Prison -Phase 1 Supplementary General Conditions CRA 'ect No. 9898 Fetxuary 91,2008 Delete the last sentence of subparagraph 1.1.3 ' ~~ Subparagraph 1.1.5 Add tine following to the end of Subparagraph 1.1.5: (Aidd:) ...and shop drawings. Add the following new subparagraphs: 1.1.8 The term "product° includes materials, systems and equipment. 1.1.9 The term "provide' includes famishing and installing a product, complete in place, operating, tested and approved. 1.1.10 The term "building code' and the term `code" refer to reguia#ions of governmental agencies having jurisdiction. 1..1.11 The terms "approved", "required" and "as directed' refer to and indicate the work or materials that may be approved, required or directed by the Architect acting as the agent of the Owner. 1.1.12 The term "similar" means in its general sense and not necessarily identical. 1.1.13 The terms "shown°, "indicated", "detailed", "noted°, "scheduled° and terms of ~~ similar import refer to requirements contained in the Contract Documents. Paragraph 1.2 -Correlation and Intent of the Contract Documents Add the following new subparagraphs: 1.2.4 Computed dimensions sha(I take precedence aver scale dimensions, and large scale drawings shall take precedence over small scale drawings. 1.2.5 Anything shown on the Drawings and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Drawings shalt have the same effect as if shown or mentioned respectively in both. Any work shown on one Drawing shall be construed to be shown in all Drawings, and the Contractor shall coordinate the Work and Drawings to conform to the requirements of the Contract Documents. '1.2.6 If any portion of the Contract Documents shalt be in conflict with any other portion after the application of the rules of interpretation set forth in this Paragraph 1.2, the various documents comprising the Contract Documents shalt govern in the order of precedence as herein set forth according to their ~, latest date of execution: (a) Change Orders submitted, processed and approved in accordance with applicable procedure; {b) written amendment to the various agreements (including but not limited to the Agreement) entered into or executed by the Owner, (c) the various agreements entered into and A~ition and Renovations to Cumbe and County Prison -Phase 1 CRAP 'ect No. 1818 00750-2 Supplementary General Conditions February 11, 2008 • executed by the Owner, including but not limited to the Agreement (as mod~ed by any Addenda thereto); (d) Addenda; (e) Supplementary and Special Conditions; (f) General Conditions; (g) Division 1 Specfications; (h) Instruction to Bidders; (i) Invitation to Bid; (j) Bid Form; and (k) Drawings and Speafications. In the event of an inconsistency between the Speafications and Drawings, the irrterpretation as determined by the Architect shall prevail; as between large scale drawings and small scale drawings, the large scale shalt take precedence. Specifications having greater detail or specificity take priority over specifications of lesser detail or specificity, and detail takes precedence over General Drawings. Paragraph 1.6 -Ownership and Use of Drawings, Specifcations and Other Instruments of Service Add the following new subparagraphs: :1.6.2 All reports, plans, specifications and computer files relating to this project are the property of Crabtree, Rohrbaugh & Associates. Crabtree, Rohrbaugh 8~ • Associates re#ains all common law, s#atute and other reserved rights including the copyright thereto. 1.6.3 Reproduction of the material herein or substantial use without written permission of Crabtree, Rohrbaugh 8~ Associates violates the copyright laws of the United States and will be subject to legal prosecution. ARTIC~.E 2 -OWNER Paragraph 2.1 -General Subpatagraph 2.1.1 Change the first part of the first sentence to the identity of the Owner as follows: Cumberland County Commissioners 1 Courthouse Square Carlisle, PA 17013 Paragraph 2.2 - Information and Services Required of the Owner Subparagraph 2.2.3 D~lete the last sentence in its entirety, and in lieu thereof, substitute the following new s ntence: (Substitute] The Contractor shall be responsible to verify the accuracy of the site's physics! characteristics, legal limitations and utility locations and bring to the attention of the Owner and Architect any discrepanaes discovered that may affect the Worfc. Subparagraph 2.2.5 Add sand Renovations to 00750 - 3 Cum nand County Prison -Phase 1 Supplementary Generai Conditions CRA orect No.1818 February 11, 2008 Dete#e Subparagraph 2.2.5 in its entirety and. in lieu thereof, insert the following new ~,~ subpaaragraph. ~,' 2.2.5 The prime contractors with whom the Owner shall enter into a contract shall be entitled to receive six (6) sets of drawings and specifications without charge. Documents in usable condition returned by unsuccessful bidders will be famished upon request without cost except handling and delivery. Additional drawings and specifications may be purchased from the Architect at a rate of $2.00 per drawing sheet and $.25 per speafrcation page. The six (6) sets of drawings and specifications referred to above sha8 not include the set purchased during bidding. Paragra~t- 2.3 -Owner's Right to Stop the Work Subpar~lgraph 2.3.1 Detdte the word °persistently" from the firs# sentence. Add!. the following to the end of the sub-paragraph ...This right shall be in addition to and not in restriction of or derogation of the Owner's rights under Article 14 hereof. The Owners right to stop the Work shall not relieve the Contractor of their responsibilities and obligations under or pursuant to the Contract Documents. ~. Paragraph 2.4 -Owner's Right to Carry Out the Work ~~ Subparagraph 2.4.1 Delete subparagraph 2.4.1 in its entirety and in lieu thereof, insert the following new paragraph: 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and faits within aseven-day period after receipt of writfen notice from the Owner to commence and continue con-ection of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies immediately. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficienaes, including Owner's expenses and compensation for the any additional services by the Architect or others 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 Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shalt pay the difference to the Owner. Add new Paragraph 2.5 as follows: aph 2.5 -Owners Representative ragraph 2.5.1 ,~ Additio~and Renovations to 00750 - 4 Cumbe nd County Prison -Phase 1 Supplementary General Conditions CRAP jed No.1818 Feixuary 11, 2~8 2.5.1 The Owner's Representative during construction is the Owner's designated and authorized representative to stop work for, including, but not limited to, unsatisfactory field test results, deficient materials, equipment or systems, defcient work or unsatisfactory installations. The following is a description of the services being provided by the Owner's Representative to the Owner and how the Owner's Representative is to interact with the Architect and the Contractors. The Owner's Representative sha11 assist the Owner in observing pertormance of the work of the Contractors. The Owner's Representative shall endeavor to provide further protection for the Owner against defects and deficiencies in the work of the Contractors; but, furnishing of such services wilt not make them responsible for or give them control over construction means, me#hods, techniques, sequences or procedures for safety precautions or programs, or responsibility for the Contractor's faiture to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in this Agreement are applicable. The duties and responsibilities of the Owner's Representative are limited and described as follows: 2.5.1.1 The Owner's Representative is the Owner's agent at the site and will act as directed by and under the supervision of the Owner and will confer with the Architect, the Owner and Contractors, keeping the Owner advised as necessary. The Owner's Representative's dealings with subcontractors shall only be through or wi#h the full knowledge and approval of the Contractor. The Ovmer's Representative shall generally communicate with the Owner with the knowledge and under the direction of the Owner. 2.5.1.2 Schedules: Review the progress schedule, schedule of shop drawing submittals and schedules of value prepared by the Contractors and consult with the Architect and Owner conoeming acceptability. Monitor the Contractor's prepared critical path method (CPM} schedule and the Contractor's progress and conformance with project completion dates, pursuant to the CPM schedule criteria. 2.5.1.3 Conferences and Meetings: Attend meetings with the Architect and Contractors, such as Pre-Construction Conferences, Progress Meetings, Job Conferences, and other project-related meetings. 2.5.1.4 IJaison: Service as the Owner's liaison with the Contractors, and assist in understanding the intent of the Contract Documents; assist the Architect and Owner in serving as the Owner's liaison with the Con#ractor when the Contractor's operations affect the Owner's on-site operations. 2.5.1.5 Assist in obtaining from the Owner additional details or information, when required for proper execution of the Work. 2.5.2 Shop Drawings and Samples: 2.5.2.1 Record date of receipt of Shop Drawings and samples. 2.5.2.2 Receive samples which are furnished at the site by the Contractor, and notify the Architect ant! Owner of availability of samples far examination. Add ' and Renovations to 00750 - 5 Comb and County Prison - F'fiase 1 Supplementary General Cond'~ions CRA roied No. 1818 February 11, 2008 CRA 2.5.2.3 Advise the Architect, Owner and Contractor of the commencement of any Work requiring a Shop Drawing sample or if the submittal has not been approved by the Architect and Owner. 2.53 Review of Work, Rejection of Defective Work, Inspections and Tests: .5.3.1 I .5.3.2 2.5.3.3 2.$.4 2.~.5 Conduct on-site observation of Work in progress to assist the Architect and Owner in determining if the Work is in general, proceeding in accordance with the Contract Documents. Report to the Architect and Owner whenever they believe that any Work is unsatisfactory, faulty, or defective or does not conform to the Con#ract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise the Architect and Owner of Work that they believe should be corrected or rejected or should be uncovered for observation or requires speaal testing, inspection or approval. The Owner's Representative sha(I be officially designated to act on the Owner's behalf as its authorized representative to exercise the Owner's right to stop and/or suspend work or reject materials, equipment and systems or other non-conforming, deficient, incomplete and unacceptable work in complete accordance with AIA General Conditions, Article 2.3, provided in the Contract Documents by the Architect. O Verify that all tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate ~° personnel, and that the Contractor maintains adequate records thereof; and observe, record, and report to the Architect and Owner. In#erpretation of the Contract Documents: Report to the Architect and Owner when clarifications and interpretations of the Contract Documents are needed and transmit to the Contractor, clarifications and interpretations as issued by the Architect and Owner. Modifications: Consider and evaluate the Contrac#or's suggestions for modifications on Drawings or Specifications and report recommendations to the Architect and Owner. Transmit to the Contractor decisions issued by the Architect and Owner. 2.x.6 Records: 2.5.6.1 Maintain at the job si#e orderly files for correspondence, reports of Job ,' Conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Feld Orders, additional Drawings issued subsequent to the execution of the Con#ract, Architect and Owner clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 2.5.6.2 Keep a diary or fog book, recording the Contractor hours on the job site, weather conditions, data relative to questions of Work Directve Changes, n and Renovations to 00750 - 8 : nd County Prison -Phase 1 Supplementary Genera( Conditions r ect No. 1818 February 11, 2008 . Change Orders or changed conditions, fist of job site visitors, daily activities, decisions, observations in genera(, and specific observations in more detail as in the case of observing test procedures and send copies to the Architect and Owner, 2.5.6.3 Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment_ 2.v.6 Reports: 2.5.6.1 Furnish the Architect and Owner periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 2.5.6.2 Consult with the Architect and Owner in advance of scheduled major #ests, inspections or start of important phases of the Work. 1.5.6.3 Draft proposed Change Orders and Work Directive Changes, obtaining backup material fram the Contrac#or and recommend #o the Architect and Owner Change Orders, Work Directive Changes, and f=ield Orders. .2.5.6.4 Report immediately to the Architect and Owner upon the occurrence of any accident. 2.5.7 Payment Requests: Review applications tar payment with the Contrac#or for compliance with the established procedures for their submission and forward with recommendations to the Architect and Owner, noting particularly the relationship of the payments requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 2.5.8 Certificates, Maintenance, and Operation Manuals: During the course of the Work, verify that certificates, main#enance and operation manuals and other data required to be assembled and furnished by the Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the Owner prior to final payment for the Work. 2.5.9 Completion: 2.5.9.1 Before the Architect and Owner issue a Certificate of Substantial Completion, submit to the Contractor a list of observed items requiring completion or correction. 2.5.9.2 Conduct a final inspection in the company of the Architect, Owner, and Contractor and prepare a final list of items to be completed or corrected. 2.5.9.3 Observe that all items on final list have been competed or corrected and make recommendations to the Architect and Owner concerning acceptance. 5.70 Owner's Representative -Limitations of Authority: nrxna ns ana rcenovanons [o Cum nand County Prison -Phase 1 CRA roied No. 1818 00750 - 7 Supplementary General Conditions February 11, 2008 2.x.10.1 Shall not authorize any deviation from the Contrail Documents or subs#itution of materials or equipment, unless authorized by the Architect and Owner. 2.x.10.2 Shall not exceed limitations of the Architect and Owner's authority as set forth in the Agreement or the Contract Documents. 2.x.10.3 Shall not undertake or limit any of the responsibilities of the Contractor, Subcontractors or Contractor's superintendent. 2.x.10.4 Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction unless such advice or directions are speafically required by the Contract Documents. 2.5.10.5 Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 2.5.10.6 Shall not accep# Shop Drawings or sample submittals from anyone other than the Contractor. 2;5.10.7 Shall no# authorize the Owner to occupy the project in whole or in part. 2! 5.10.8 Shall not participate in specialized field or laboratory tests ar inspections - conducted by others except as specifically authorized by the Architect and Owner. Add neW Paragraph 2.6 as follows: Paragraph 2.6 -Owner's Gift Policy 2.6.1 Cumberland County officials have adopted a uniform gift policy applicable to all - County officials and employees. This policy prohibits any official or employee from receiving a gift of any monetary value from any source doing or seeking to do business with the County or attempting to influence the judgmen# of an official or -employee. Further, no gifts may be made for or on behalf of the County or any of its offices or departments, unless first presented to the Board of Commissioners for decline or acceptance at a public meeting. Contractors are advised tha# any violation of this policy may result in employee discipline, including termination. By entering this contract, the Contractor agrees to abstain from offering or giving anything of monetary value to any County official, employee or member of their immediate families. 2.6.E The Contractor agrees to include the statement of County gift policy in alt subcontracts. iph 3.1 -General Additia~ and Renovations to uu~5u - s Cumb nil County Prison -Phase 1 Supplementary General Con~iions CRAP iect No. 1818 February 11, 2008 Subparagraph 3.1.1 Add the following sentence to the end of the subparagraph: [~1dd:] It shall be understood that the term "Contractor", as used throughout the General onditions, applies to each Contractor entering into a Contract with the Owner except v~rhere specifically noted otherwise. Paragra~ 3.2 -Review of Contract Documents and Field Conditions by Contractor Subpar graph 3.2.1 Deldte the second sentence in its entirety and, in lieu thereof, insert the following new ser~t~nce: G~Substitute:j The Contractor shall not be liable to the Owner or Architect for damage ttesufting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor should have recognized such error, inconsistency or omission and failed io report it to the Architect. Subparagraph 3.2.3 Delete this subparagraph in ifs entirety. Paragraph 3.3 -Supervision and Construction Procedures Subparaagraph 3.3.2 Adc$ the following to the end of the subparagraph: tf any failure by the Contractor to comply with the Contract Documents or to maintain an ,approved project schedule causes any damage or cost to the Owner, then the iContractor shall indemnify and hold harmless the Owner for any such damage or cost. 'Such damage or cost to the Owner shall include any payment by the Owner to o#hers or ',liability of the Owner to o#hers resulting from such failure by the Contractor, including but jnot limited to (1) any payment or liability arising from change orders, claims, arbitration '' or litigation, or (2) any payment or liability for fees or costs to the Owner`s Representative, Architect, consultants, experts and attorneys. Add the following new subparagraph: 3.3.4 The General Contractor is designated as the Lead Contractor far this Project. ' The Lead Contractor and other Prime Contractors are responsible for coordination of the Work. The Lead Contractor is responsible for making all coordination decisions not mutually agreed to by the affected Prime Contractors. Disputes between the Lead Contractor and one or more other Prime Contractors and disputes between two or more Prime Contractors pertaining to the creation, ' application, and modification of the project schedule, the furnishing of additional resources to meet the project schedule, jab coordination and all aspects of the coordination, means and methods of construction shall be submi#ted promptly to the Lead Contractor for a final construction decision. The final construction decision of the Lead Contractor must, at all times, be consistent with the content Additi and Renovations to OQ750 - 9 Cumbe and County Prison -Phase 1 Supplementary General Conditions CRAP jed No. 1818 February 11, 20Q8 and intent of the Contract Documents. The final construction decision of the Lead Contractor will be observed, accepted and fully followed by all Prime Contractors and their subcontractors and sub-subcontractors on the project, subject only to the commencement of an arbitration proceeding at the request of the Lead Contractor or other Prime Contractor. The progress of the work in accordance with the final construction decision of the Lead Cor~b-actor shall not be delayed pending any such arbitration proceeding. The damage remedy in arbitration proceedings hereby provided in favor of the Lead Contractor or other Prime Contractor shall be the exclusive remedy for disputes between the contractors. The contractors, including the Lead Contractor, shall have no right of action against the Owner in connection with such disputes. Contractors may compel the initiation of the arbitration proceedings by a judicial action in accordance with applicable law. In any arbitration proceeding conducted, the losing patty shall pay the costs of arbitration and reasonable attorneys' fees. Add; the following new subparagraph: 3.3.5 Refer to Division 1 Section "Coordination -Multiple Prime Contracts" for detailed requirements regarding coordination of multiple prime contracts. Paragraph 3.4 -Labor and Materials Subparagraph 3.4.1 Add the following new sub-subparagraph to Subparagraph 3.4.1: ~/ 3.4.1.1 Refer to Division 1, Section "Temporary Facilities and Controls", for detailed requirements regarding temporary utilities, services and faalities. Subparlagraph 3.4.2 Delete subparagraph 3.4.2 in its entirety, and in lieu thereof, substitute the following new su paragraph: 3.4.2 Substitutions will be considered from the lowest responsible Bidder of each Contract far a period of thirty (60) days after a Notice of Intent- to Award Contracts is issued. Bids shall be based on the items specked. Substitutions will only be considered when requested by the successful Prime Contractor. ft is the responsibility of the successful Prime Contractor to determine the equality of a proposed substitution. Subs#tution requests by manufacturers' representatives or product suppliers will not be considered unless submitted through the successful Prime Contractor. Refer to Division 1, Section: "Submittals°, for additional requirements regarding substitutions. ragraph 3.4.3 d the following sentence to the end of the subparagraph: Addi#io sand Renovations to 00750 - i 0 Cum nd County Prison -Phase 1 Supplementary General Conditions CRAP jest tVo. i 818 February 11, 2008 .~ • [Add•] The Owner encourages but does not require that laborers and mechanics employed on the project be residents of the County in which the work is being plerfarmed. _ Paragra h 3.5 -Warranty Subparagraph 3.5.1 Delete the words ° not inherent in the quality required or permitted° from the first sentence Delete the word "may° from the second sentence and replace it with "will°. Add'',the following new sentence to the end of the subparagraph: ~4dd:] The Contractor will protect both new work and existing conditions during the Iberiod of construction which may be susceptible to damage or abuse. Paragrajph 3.6 -Taxes Add'the following new subparagraph 3.6.2 x.6.2 Refer to Article 10 of Section 00101 -Supplementary Instructions to Bidders regarding tax advantages for political subdivisions • Parag ph 3.7 -Permits, Fees and Notices Subpa~graph 3.7.1 Dente Subparagraph 3.7.1 in its entirety and, in lieu thereof, substitute the following new subparagraph: 3.7.1 The Owner will secure and pay for the Building Permit for all work of the Project. Other permits, licenses, fees and the like required by local law or Authority shah be obtained and paid for by the Prime Contractor to whose work it applies. Paragraph 3.8 -Allowances Delete Paragraph 3.8 in ifs entirety. agrfaph 3.9 -Superintendent No cash allowances are permitted. new Subparagraph 3.9.2 as follows: • 3.9.2 if the Owner or the Architect has reasonable objections to any superin#endent or assistant, the Contractor shall submit a substitute to whom the Owner or the Architect has no reasonable objection; no increase in the Contract Sum or Contract Time shall be allowed for any such substitution. Add"Itf and Renovations t0 Cumb and County Prison -Phase 1 CRA feet No. 1818 UU/5U - 17 Supplementary General Conditions February 41, 20Q8 Add new Subparagraph 3.9.3 as follows: 3.$.3 The Contractor shall no# replace its superintendent without the written consent of the Owner unless the superintendent is no longer employed by the Contractor. Paragraph 3.90 -Contractor's Construction Schedules Add ryewsuh-subparagraph 3.10.1.1: 3.10.1.1 Refer to Division 1, Section "Construction Progress Documentation', for further requirements regarding construction schedules. Paragraph 3.11 -Documents and Samples at the Site Subparagraph 3.11.1 Deletle the last sentence of Subparagraph 3.11.1 and, in lieu thereof, substitute the following new sentence: t$ubsfitute:] These shall be available to the Architect and shalt be delivered to the Qwner, in good condition, upon completion of the Work and before final payment is rrhade. Paragraph 3.12 -Shop Drawings, Product Data and Samples Add hew Subparagraph 3.12.11 as follows: 31.12.11 Refer to Division 1, Section "Submittals", for further requirements regarding shop drawings, product data and samples. Paragraph 3.14 -Cutting and Patching FRefer to Division 1 Section "Cutting and Patching." Paragraph 3.15 -Cleaning Up Subparagraph 3.15.1 Addjnew subparagraph 3.15.3 as follows .15.3 Refer to Division 1, Section AContract Closeout", for further requirements regarding cleaning up. Delete $ubparagraph 3.18.1 in its entirety and in lieu thereof, insert the following: 18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Managemen# Protective Liability insurance purchased by the Contractor or the Owner in accordance with Paragraph 11.3, the Contractor shall indemnify and hold harmless the Owner, Additio and Renovations to 00750 -12 Cure nd County Prison -Phase 1 Supplementary General Conditions CRA Pro ect No. 4818 Fetuvary 11, 2008 Owner's Representative, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, fosses and expenses, inducting but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that. such claim, damage, Toss or expense is attnbutable to bodily injury, sickness, disease or death, or to injury to or destrudton of tangible property (other than the Work itself), but only to the extent caused by tl~e negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be 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 be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 3.18. ARTlCL;~E 4 -ADMINISTRATION OF THE CONTRACT Paragrajph 4.1 -Architect Subparagraph 4.1.2 Dente the reference to the Contractor in the first sentence. Subparagraph 4.1.3 Delete the Contractor's right to object. Paragraph 4.2 Architects Admmistrat~on of the Contract Subpattagraph 4.2.6 Revise the first part of the first sentence to read as follows: "The Architect and the Owner will .have the authority to reject...' Subpartagraph 4.2.11 Revise the first part of the first sentence to read as follows: "The Architect and the Owner wiH, interpret and decide..." Subparagraph 4.2.12 Revise the first part of the first sentence to read as follows: "Interpretations and decisions of tha Architect and the Owner will be..." Also delete the last sentence. Parag~aph 4.3 -Claims and Disputes Subp agraph 4.3.7 the following sub-subparagraph: 4.3.7.3 Anticipated Adverse Weather Detays: In planning the construction schedule within the agreed Contract Time, it shall be assumed that the contractor has Additi sand Renovations to 00750 -13 Cum and County Prison -Phase 1 Supplementary General Conditions CRAP 'ed No. 1818 February 11, 2008 anticipated the amount of adverse weather conditions normal to the site of the , Work for the season or seasons of the year involved. Only those weather ' delays attributable to other than normal weather conditions will be considered. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration {NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in ail weather dependent activities. JAIN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1~4 7 7 8 8 7 4 5 4 4 5 7 4.3.7.4 impact: Upon acknowledgement of the Notice to Proceed and continuing throughout the contract, the Contractor will record in a daily log the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month}, be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 4.3.7.3 above, the Architect wilt convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a no-cost change order for ~4 additional days, to be executed by the Owner, Architect and Contractor. This no-cost change order shall be the sole remedy for delays associated with weather. Subparagraph 4.3.9 Addthe following sub-subparagraph: 84.3.9.1 The Owner reserves the right to accept or reject any and all Unit Prices stipulated on the Bid Form. Subparagraph 4.3.10 Delete the reference to the Owner in the first sentence. Subpariagraph 4.3.10.1 Dente the words `for rental expenses" from this subparagraph. Subpa#agraph 4.3.11 the following new subparagraph 4.3.11 as follows: 4.3.11 ~Add:J The Contractor agrees and acknowledges that the Owner is a `contracting body" under the Public Worics Contractors' Bond Law of 1967, and Additi sand Renovations to 00750 -14 Cumb Coun#y Prison -Phase'! Supplementary General Condi6orts CRAP jest tdo. 1818 February 11, 2008 the Work on the Project is public construction and not subject to the filing of Mechanics Liens, and further agrees to provide and specify in its subcontracts with subcontractors for their acknowledgment that their sole remedy against the Uwner exists only under the provisions of the Band Law and in accordance with . the Payment Bond. Paragra~h 4.4 -Resolution of Claims and Disputes elete all references to "arbitration" in all subparagraphs of this paragraph. There will be rho arbitration. Subparagraph 4.4.1 Revue the first part of the serand sentence #o change "decision" to "recommendation". Paragraph 4.5 -Mediation Delete Paragraph 4.5 in its entirety. Paragraph 4.8 -Arbitration Delete Paragraph 4.6 in its entirety and, in lieu thereof, substitute the following: Any; claim, dispute or other matter in question arising out of or relating to this Agreement shalN be subject to non jury trial before the Court of Common Pleas of Cumberland County. • ARTICLE 5 -SUBCONTRACTORS Paragr ph 5.2 -Award of Subcontracts and Other Contracts for Portions of the Work Subparagraph 5.2.1 Delete the first sentence of subparagraph 5.2. i and, in lieu thereof, substitute the following nevi sentence: Substitute:] Within thirty (30) days after the award of the Contract, the Contractor shall umish to the Owner and the Architect in writing the names of the persons or entities including those who are to furnish materials or equipment fabricated to a special lesign) proposed for each of the principal partians of the Worfc. 5.5 -Payment to Subcontractors new Paragraph 5.5: 15.5.1 The Contractor shall pay each Subcontractor, upon receipt of payment from !, the Owner, an amount equal to the percentage of completion aAowed to the Contractor on account of such Subcontracto-'s Work, less the percentage retained from payments to the Contractor. The Contractor shall also require ~ each Subcontractor to make similar payments to Sub-subcontractors. All such Additiand Renovations to 00750 -15 Cumberl nd County Prison -Phase 1 Supplementary General Conditions CFZ4 ect No. 1818 February 11,2008 payments shad be paid within the time limits required by the Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. §501, et seq. 5.x.2 !f the Owner faits to approve an Application for Payment for a cause which the Owner and Architect determine is the fault of the Contractor and not the fault of the particular Subcontractor, or it the Contractor fails to make payment which is properly due to a particular Subcontractor, the Owner may pay such Subcontractor directly, less the amount to be retained under its Subcontract. Any amount so paid by the Owner shaft be repaid to the Owner by the Contractor in the manner set forth in Paragraph 2.4. The Owner shall have no obligation to pay or to see to the payment of any monies to any Subcontractor. Nothing contained in Paragraph 5.5 shall be deemed to create any contractual relationship between the Owner and any Subcontractor or to create any rights in any Subcontractor against the Owner. The Contractor shall promptly advise the Owner of any claim or demand by a Subcontractor -claiming that any amount is due to such Subcontractor or Gaiming any default by the Contractor in any of its obligations to such Subcontractor. ARTICLE 6 -CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS Paragraph 6.1 -Owners Right to Perform Construction and to Award Separate Contracts Dete Subparagraph 6.1.3 in its entirety and, in lieu thereof, substitute the following new subparagraph: 6;1.3 ft is the sole duty and responsibility of each Prime Contractor to plan, direct and coordinate their work as to cause no delay, loss or injury to another Prime Contractor or their subcontractors or material suppliers. In the event a Prime Contractor causes any delay, loss or injury to another Prime Contractor, there shaA be no claim asserted against the Owner, the Architect or the Owner's Representative for money damages based on alleged acts or omissions with respect to coordinating, expediting or directing work. If any Prime Contractor prosecutes such claim against the Owner, the Architect or the Owner's Representative for money damages, then such Contractor shall indemnify and save harmless the Owner, the Owner's Representative and Architect against any and aA costs, fosses or expenses including counsel fees that they incur in responding to any such claim plus 10% interest per annum on all such costs from the date of occurrence of such costs up to the date of payment. Where any Prime Contractor has a grievance against another Prime Contractor by reference to the foregoing, such shah be resolved by negotiations or reference to American Arbitration Association arbitration for a final and binding resolution of all such grievances. 6.2 -Mutual Responsibility Add CRA following sentence to the end of Subparagraph 6.2.4: [Add:] The Contractor agrees to indemnify and hold the Owner harmless for any claims or damages brought by a separate contractor arising out of the actions or t Renovations to County Prison -Phase 1 No. 1818 00750 -16 Supplementary General CondBions Febntary 11, 2008 c c D omissions of the Cantractor, its subcontractors or suppliers in performing their work under the Contract Documents. ARTICLE 7 -CHANGES IN THE WORK Paragra~h 7.1 -General Subparagraph 7.1.2 Revue the first part of the first sentence of subparagraph 7.1.2 to read as follows: jReviseJ "A Change Order shall be based upon agreement among the Owner and Contractor; a Construction Change Directive ..........." Subparagraph 7.1.3 Deletle Subparagraph 7.1.3 in its entirety and, in lieu thereof, substitute the following new subparagraph: 7:1.3 Before any Change Order is prepared, the Contractor shall submit #o the Architect an itemized breakdown of the cost of the proposed Change in the Work. The term "cost° shall be interpreted #o mean and include the actual cost of the following: 1. Labor, including foremen. 2. Materials at cost plus applicable taxes entering permanently into the work. 3. Rental cost of construction plant and equipment whether rented from the Contractor or others. 4. Power and consumable supplies for the operation of power equipment. 5. Liability insurance and bonds. 6. Social security, old age and unemployment contributions. Fifteen percent {15%) of the total cost of the above will be allowed the Contractor for overhead, profit, supervision and miscellaneous expenses if they perform the work with their own forces or to the Subcontractor who performs the work. In the case where the work is performed by a Subcontractor, the Contractor may add five percent (5%) to the Subcontractor's total amount as the Contractor's commission. Where Change Orders include both increase and decrease in the Contract Amount, the above fifteen percent {15°~) will be allowed on the net increase only. 7.2 -Change Orders aph 7.2.1 Subparagraph 7.2.1 in its entirety and, in lieu thereof, substitute the following new agraph: 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, Owner's Representative, and Architect. A Change Order is the only method by which the Contract Sum and the Contract Time Additions d Renovations to 00750 - 17 Cumberlan Couniy Prison -Phase 1 Supplementary General Conditions CRA Prof No. 1818 f=ebruary 11, 2008 may be adjusted. A Change Order shalt provide far the following: (1) a ~} change in the Work, if any; (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. ARTICLF~8 -TIME Paragraphh 8.3 -Decays and Extensions of Time Subparagrraph 8.3.1: Delete "or by any other causes which the Architect determines may justify delay° Add the following to the end of Subparagraph 8.3.1: All claims for extension of time shall be made, in writing, to the Archi#ect and Owner no more than seven (7) calendar days after the occurrence of the event causing delay. If an extension of the Contract Time for a Contractor is granted due to neglect, misconduct or failure to comply with the Contract Documents by another Contractor and such delay causes any Contractor to miss a Milestone in construction, then liquidated damages for delay.pursuant to Subparagraph 8.4 shall be applied against the Contractor responsible far having caused such extension of the Contract Time. Subparagraph 8.3.3 Delete' Subparagraph 8.3.3 in its entirety and, in lieu thereof, substitute the following: The Contractor recognizes that delays, acceleration or hindrances to the work may occur. No arbitration claim or litigation for increased costs, charges, expenses or damages of any kind shall be filed by the Contractor against the Owner, the Architect or the Owner's Representative (or against any of their respec#ive employee or agents) for any delays, acceleration, hindrances, ar sequencing of work due to any cause whatsoever, notwithstanding whether such delays are caused by factors within or outside the Contractor's control. The Contractor's sole remedy for delays, acceleration, hindrances or sequencing of work shall be an extension of the Contract Time pursuant to this Paragraph 8.3: Should the Contractor file any arbitration claim or litigation for money damages against the Owner, the Architect or the Owner's Representative (incuding their employees or agents) in violation of this provision, such Contractor shall provide indemnification for any costs incurred in the defense against such claim or litigation, including all fees by attorneys and experts, plus 10°~ interest per annum on all such costs from the date of occurrence of such costs up to the date of payment. 8.4 -Liquidated Damages for Delays Add n w paragraph 8.4 as foNows: ~~ Additions d Renovations to 00750 -18 Cumbertan County Prison -Phase 7 Supplementary General Conditions CRA Proj No. 1818 February 'l t , 2008 8.#.1 The amount of Liquidated Damages shall be X500 per day per prime contractor. 8.4.2 The damages incurred by the Owner due to the Contractor's failure to complete the Work or portions thereof designated in the Phasing Plan as a Milestone by ', the Contract Time or the Speck Dates including any extensions thereof under the Contract Documents shall be in the amount set forth in the Contract Documents for each consecutive calendar day beyond each Speafic Date (Sunday and all holidays included) for which the Contractor shall fail to complete the Work or designated portion thereof. 8.#.3 The amount of liquidated damages provided in the Contract Documents shall not be considered a penalty and shall compensate the Owner only for the Owner`s inability to use or otherwise have available the Project or any portion thereof for its intended purpose by the Speaal Dates set forth in the Contract Documents. 8.4.4 lf, during the course of the Contractor's performance of the Work, the Contractor shall fait to complete the Work or portions thereof in accordance with Specific Dates or the Contract Time, the Owner may retain the estimated amount of liquidated damages for which the Contractor shat) be liable to the Owner under the Contract Documents from amounts which become payable or are otherwise certified as payable to the Contractor under the Contract Documents. /1rc ~ IIrLC' ~ - 1"'!1I MCIV 1 ~ l1rVL! liVMrLC Paragrapi~ 9.3 -Applications for Payment Subparagraph 9.3.1 Subparagraph 9.3.1 in its entirety and, in lieu thereof, substitute the following new 9.x.1 At least frfteen (15) days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the Conrtract Documents. Such application shalt be notarized, if required, acrd supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers and reflecting retainage. The Owner shall retain ten percent (10%) of all amounts due the Contract until the Work is fifty percent (50%) completed. When the Work is frfty percent (50%) completed, one-half of the amount retained by the Owner may be returned to the Contractor, provided the Contractor provides written consent of surety to such reduction in retainage to the Owner along with its Application for Payment, provided the Architect approved the application and reduction of retainage, and further provided that the Contractor is making satisfactory progress and there is no spec cause #or greater withholding. • Atltlrtions a Renovations to 00750 -19 Cumberlan County Prison -Phase 1 Supplementary General Conditions CRA Prole No. 1818 Felxuary 11, 2008 The Owner shall retain five percent (5%) of all amounts due the Contractor after the Work is fifty percent (50°~) completed. The retained five percent (5%} ~~ will be paid on with the final Payment or as otherwise provided hereafter. In the event a dispute arises between the Owner and the Contractor, which dispute is based upon increased costs daimed by the Contractor occasioned by damages or other actions of another contractor, additional retainage in the sum of one and one half times the amount of any possible Ijabili#y may be withheld against the allegedly responsible contractor unfit the dispute is finally resolved, unless the contractor causing the additional claim furnishes a bond satisfactory to the Owner to indemnify the Owner against the claim. The full Contract retainage (10°h) may be reinstated if the manner of completion of the Work and its progress do not remain satisfactory to the Architect or if Surety withholds its consent or for other good and sufficient reasons. 9.3.'1.3 Refer to Division 1 Section "Applications for Payment" for additional requirements regarding applications for payment. Paragraph X9.5 -Decisions to Withhold Certification Subparagraph 9.5.1 Revise khe first sentence of Subparagraph 9.5.1 to read as following: 'The Architect may withhold ... to protect the Owner, upon request of the Owner or if in the Architect's... ° Revise }5ulrsubparagraph 9.5.1.7 as follows: 1 9.5. ~l .7 Delete the word "Persistent°. Subparagraph 9.6.7 Delete subparagraph 9.6.7 in its entirety. Subparagraph 9.7.1 Delete tlhe remainder of the sentence after the word "appropriately.' Paragraph~.10 -Final Completion and Final Payment Subparagr ph 9.10.1 Revise the~rst sentence of Subparagraph 9.10.1 to read as following: "Upon receipt...when the Architect a the Owner finds..." 9.10.2 Add never Subsections 6 and 7 to the end of the first sentence: ] (6). Fnal "as built" prints of record drawings marked by the Contractor with rd information as set forth in the Contract Documents, and (7) A final Contractor's n statement from the Contractor duly executed and acknowledged, showing afl Additions and enovations to 00750 - 20 Cumberland unty Prison -Phase 1 Supplementary General Conditiwrs CRA Projed o. 1818 February 11, 2008 i Suf~cvntractors to 6e fully paid and similar final swum statements from Subcontractors anc~, where appropriate, from Sub-subcontractors. Subparagraph 9.10.4 Add th$ fallowing new sub-subparagraphs: .4 latent failures of the Contractor to comply with the requirements of the Contract Documents. .5 Architect's fees resulting from re-inspections due to the Contractor's failure to satisfactorily, fully and finally complete the Work or legal and accounts costs and expenses arising therefrom. Paragraph 0.2 -Safety of Persons and Property Subparagr ph 10.2.8 Add neVv Subparagraph 10.2.8 as follows: 10.?!.8 The Con#ractor shall promptly report in writing to the Owner and Architect all accidents, other than minor accidents for which no medical #reatment is required, arising out of or in connection with the Work which cause death, personal injury or property damage, giving full details and statements of any witnesses whether or not the Owner has actual knowledge of the accident. In addition, if death or serious personal injuries or serious damage are caused, the accdent shall be reported immediately by telephone or messenger to the Owner and Architect. Paragraph 'I0.3 ~ Hazardous Materials Dele~e subparagraphs 10.3.3 and 10.5. ARTICLE 1 ~ -INSURANCE AND BONDS Paragraph 1,1.1 -Contractor's Liability Insurance Amplify aragraph 11.1, Contractor's Liability Insurance, by adding the following: [Add ] During the term of the Contract, the Contractor and each Subcontractor shall, at their own cost and expense, maintain the following insurance in a company or cam anies properly licensed and satisfactory to the Owner: 1. ~, State Statutory Covera4e and Emplo er's Liability Insurance (a) Statutory: Amounts and average as required by law. (b) Employer's Liability: Additions and enovations to 00750 - 21 Cumberland C Prison -Phase 1 Supplementary General Con~kions CRA Project N .1818 February 11, 2008 $100,000 each accident. $500,000 disease, policy limit. $100,000 disease, each employee. 2. Comprehensive General Liability Insurance including coverage for direct operations, sublet work, demolition and wrecking, elevators, and contractor liability with limits not less than stated below: (a) Bodily Injury Liability including Personal injuries: $1,000,000 each occurrence. (b) Property Damage Insurance: Shaq include explosion, collapse and underground. $1,000,000 each occurrence. $2,000,000 aggregate. (c) Products and comple#ed operations insurance shall be maintained for a minimum period of 2 years after final payment, and the Contractor shall con#inue to provide evidence of such coverage to the Owner on an annual basis during the aforementioned period. $1,000,000 each occurrence. $2,000,000 aggregate. (d) Contractual Liability 1. Bodily injury - $1,000,000 each occurrence. 2. Property damage -included each occurrence and aggregate. Q 3. Automobile Liability Insurance including coverage for owned, non-owned and ,,~~--~~,, hired vehicles with limits not less than stated below: 1~,,.;~ (a) Bodily Injury Liability: $1,000,000 each occurrence. {b) Property Damage Liability: $1,000,000 each occurrence. $2,000,000 aggregate. 4. Umbrella Excess Liability (a) Bodily Injury $4,000,000 each occurrence. $4,000,000 aggregate. (b) Property Damage $1,000,000 each occurrence. $2,000,000 aggrega#e. Note: As with general liability the aggregate limits are applicable to this contract and not the total business operation of the contractor. 5. Other Instructions Related to Bonds or Insurance -Current certificates of insurance and bonds of carriers qualified to do business in Pennsylvania and carrying a Best Rating of A- are required. Owner and Architect shat! be carried as additional insured. Additions and R ovations to 00750 - 22 Cumberland Co Prison -Phase 1 Supplementary General Conditions CRA Project No. 1818 February 11, 2008 Paragra~h 11.3 -Project Management Protective Liability insurance Subpara raph 11.3.2 The f;>wmer and Architect shall be named as additional insureds on the Contractor's policies. Paragraph 11.4 -Property Insurance Subparagraph 11.4.3 Delete the last sentence ofsubparagraph 11.4.3 in ifs entirety. Subparaglraph 11.4.7 Delete the words "As Fiduciary". Subparagraph 11.4.8 Delete the words "As Fduciary"_ Subparagraph 11.4.9 Delate!the words "As Fiduciary". Subparagrdph 11.4.10 Delete the words "As Fiduciaryn. Paragraph 11.5 -Performance Bond and Payment Bond Subparagraph 11.5.1 Delete $ubparagraph 11.5.1 in its entirety and, in lieu thereof, substitute the following: 11.5.1 The Contractor shall provide bands in accordance with the provision of the Public Works Contracts' Bond Law of 1967, 8 P.S. Section 191 and in so doing shall pravide: (a) A performance bond at one hundred percent (100°~) of the contact amount, conditioned upon the faithful performance of the contractor in acxordance with the plans, specifications and conditions of the contract. Such band shall be solely for the protection of the tJwner or assignee as authorized in accordance with the provisions of Paragraph 13.2.1 herein. (b) A payment bond at one hundred percent (100%) of the contract amount. Such bond shall be solely for the protection of claimants supplying labor or materials to the Contractor or to any of their Subcontractors in the prosecution of the Work provided for in the Contract Documents and shall be conditioned for the prompt payment of all such material furnished or labor supplied or performed in the prosecution of the Work. "Labor or materials" shall include public utility Additions and R novations to 00750 - 23 Cumbetiand Co my Prison -Phase 1 Supplementary General Conditions CRA Project No 1818 February 11,2008 services and reasonable rentals of equipment, bu# only for periods when the equipment rented is actually used at the site. (c) A Maintenance Bond providing additional coverage in the full amount of the Contract Sum insuring against defective or inferior materials or workmanship which may develop during the period of one {1) year from the date of Final Completion of the Project. (d) All bonds required by the Contract documents must be issued by a surety that is licensed and authorized to conduct business in the Commonwealth of Pennsylvania. The surety of whom the Contractor has purchased bonds is to have `A= or better rating plus a financial ra#ing of VI or better with the A. M. Best's Company (Key Rating Guide Latest Edition) and listed in the Department of Treasury Circular 570, with a capacity which meets or exceeds the contract amount. The bond shall be payable the Owner or assignee as provided for in Paragraph 13.2.1 Both a Pertonnance Bond and payment Bond will be required as specified under Article 8, Supplementary Instructions, of the instructions to Bidders. ARTICLE 72 -UNCOVERING AND CORRECTION OF WORK Paragraph 12.1 - Con'ection'of Work Sub-subparagraph 12.1.2 Revise the first sentence to read as follows: `If a portion of the Work is covered contrary to the Architect's request, or requirements specifically expressed in the Contract Documents, the Architect, wi# hthe Owner's consent, may request to see such Work and it shall be uncovered by the Contractor.° Paragraph 12.2 -Correction of Work Sub-subparagraph 12.2.2.1 Delete from the first sentence the words `if, within one year after the date of Substantial Compietjion of the Work or designated portion thereof, or after the date for commencement of warranties" and substitute the following: [Substitute:] "if, within one (1) year after the date of Final Completion of the Work or withim one (1 }year from date of Partial Occupancy or Use of designa#ed portions thereof {whidhever shall first occur} or after the date for commencement of warranties". Delete sib-subparagraph 12.2.2.3 in its entirety, and in lieu thereof, substitute the fo{towing new sub ~Isubparagraph: 12.2..3 In the event any Work, material or equipment is replaced or repaired as a consequence of latent defects or failure to meet the terms of the Contract Documents, all warranties with respect to such Work, material or equipment Additions and Cumberland CRA Project P ~auvns to Prison -Phase 1 8 00750 - 24 Supplementary General Conditions February 11, 2008 replaced or repaired shall continue following repair or replacement of such Work, material or equipment for an additional period equivalent to the original period of warranty far such Work, material or equipment. ARTICLE 13 -MISCELLANEOUS PROVISIONS Paragraph 13.3 -Written Notice Subparagraph 13.3.1 Add the following new sentence to the end of Subparagraph 13.3.1: [Add.•] Notice by mail shall be effective three (3) days after deposit in the mail. • Paragraph 13.5 -Tests and Inspections Subparagraph 13.5.1 Delete Subparagraph 13.5.1 in its entirety and, in lieu thereof, substitute the following new subparagraph: 13.5.1 tf the Contract Qocuments or any laws, statutes, ordinances, building codes, rules, regulations or orders of any governmental body or public or quasi-public authority having jurisdic#ion over the work or the site of the Project require any portion of the Work to be inspected, tested or approved, the Contractor shall give the Architect and the Owner timely notice thereof so Architect and Owner may observe such inspection, testing or approval. Paragraph!.13.7 -Commencement of Statutory Limitation Period Subparagtaaph 9 3.7.1 Delete Subparagraph 13.7.1 in its entirety. Add new Paaragraph 13.8 as foflows: Paragraph 13.8 -Waiver of Liens 13.8 Waiver of Liens 93.8.1 A waiver by the Contractor of the right to file mechanics liens shall be filed in the Office of the Prothonotary, in the County where the work is located. The documents shall be drawn up, filed and recorded in accordance with the terms and requirements of the Mechanic Lien Law as amended to date. 13.82 The Contractor, for itself, and for al! Subcontractors and material men, agree that no mechanic's lien or other claims sha11 be filed or maintained by the contractors or by any subcontractor, material man, laborer or any other person whatsoever for, or on account of, any work done or materials #umished under ~, this contract. Addfions and enovations to Cumberland unry Prison -Phase 1 CF2A Project N .1818 OD%5u -L9 Supplementary General Conditions February 11, 2008 This Agreement shall be an independent contract; and the Contractor shall execute and deliver a separate waiver of liens in form and substance j satisfactory to the Owner contemporaneously with the execution of the Agreement and before any work is begun at the site. 1.8.3 In every subcontract entered into by the Contractor after the execution and delivery of this contract or in connection herewith, the Conrtractor shall incorporate a provision, similar to the foregoing paragraph, #o the effect that neither the subcontractor nor any party acting through or under them, shall file ' or maintain any mechanic's lien or other claim against the Owner in connection with the work. Add new I~aragranh 13.9 as follows: 13.9 -Swom Statement/Release of Liens Swom Statement/Release of Liens '~.1 In addition to a Waiver of Liens, the contractor shat! submit with its final ', Application for Payment a Swom Statement/Refease of Liens stating that the signer (the Contractor or Subcontractor) has paid a!I Subcontractors, suppliers and laborers who have performed work on the project in full ~. ~J Paragraph 114.1 -Termination by the Contractor Delete pparagraph 14.1 in its entirety. Paragraph 4.2 -Termination by the Owner for Cause Subparagr ph 14.2.1 Delete subparagraph 14.2.1 in its entirety and, in lieu thereof, substitute the following: 14.2 1 The Owner may terminate the Contract if the Contractor: shall institute proceedings or consent to proceedings requesting relief or arrangement under the Federal Bankruptcy Code or any similar or applicable federal or state law; or if a petition under any federal or state bankruptcy or insolvency law is filed against the Contractor and such petition is not dismissed within sixty (60) days from the date of said filing; or if the Contractor admits in writing its inability to pay its debts generally as they became due, or if it makes a general assignment for the benefit of its creditors, or if a receiver, liquidator, trustee or assignee is appointed on account of its bankruptcy or insolvency; or if a receiver of aq or any substantial portion of the Contractor's properties is appointed. Additions and novations to 00750 - 26 Cumberland Co my Prison -Phase 1 Supplementary General Conditions CFtA Project No. 1818 February 11, 2006 i .2 abandons the Work; or if it fails, except in cases for which extension of time is provided, to prosecute promptly and diligently the Work or to supply enough properly skilled workmen ar proper materials for the Work; .3 submits an Application for Payment, sworn statement, waiver of lien, affidavit or document of any nature whatsoever which is intentionally falsified; .4 fails to make prompt payment to Subcontractors or for materials or Eabor or otherwise breaches their obligations under any subcontract with a Subcontractor; or if a mechanic's or materialman's lien or notice of lien is filed against any party of the Work or the site of the Project and not promptly bonded or insured over by the Contractor in a manner satisfactory to the Owner; .5 disregards any laws, statutes, ordinances, rules, regulations or orders of any governmental body or public or quasi-public authority having jurisdiction of the Work or the site of the Project; _6 otherwise violates any provision of the Contract Documents; then the Owner, upon the occurrence of the events described in dauses .1 . through .6 above, without prejudice fo any right or remedy available to the Owner under the Contract Documents or at law or in equity may, after giving the Contractor and the surety under the Performance Bond and under the Labor and Material Payment Bond, if any, seven (7) days written notice, terminate the employment of the Contractor and may enforce a Security Agreement by taking possession of and using all or any part of Contractor's materials, equipment, supplies and other property of every kind used by the Contractor in the performance of the Work in the completion of the Work. If requested by Owner, the Contractor shall remove any part or all of its equipment, machinery and supplies from the site of the Project within seven (7) days from the date ', of such request, and in the event of the Contractor's failure to do so, the Owner shall have the right to remove or store such equipment, machinery and supplies at the Contractor's expense. !n case of such termination, the Contractor shall not be entitled to receive any further payment for Work performed by the contract through the date of termination. The Owner's right to terminate the Owner-Contractor P~greement pursuant to this Subparagraph 14.2.1 shall be in addition to and not in limitation of any rights or remedies existing hereunder ar pursuant hereto or at law or in equity. '14.2.2 Revise to delete °upon certification of the Architect...such action" SubparagrapF~ 14.2.4 Addi4ons and Re ovations to 00750 - 27 Cumberland Cou ty Prison -Phase 1 Supplementary General Conditions CRA Project No. 818 February 11, 2008 Delete Subparagraph 14.2.4 in its entirety and, in lieu thereof, subs#itute the following new Subparagraph 14.2.4: 14.2.4 if the unpaid balance of the Contract Sum exceeds all costs to the Owner of completing the Work, then the Contractor shall be paid for all Work performed by the Contractor to the date of termination. if such costs to the Owner of completing the Work exceed such unpaid balance, the Contractor shat! pay the difference to the Owner immediate{y upon Owner's demand. The costs to the Owner of completing the Work shalt include (but not be limited to) the cost of any additional architectural, managerial and administrative services required thereby, any costs incurred in retaining another contractor or other subcontractors, any addifionai interest or fees which the Owner must pay by reason of a delay in Completion of the Work, attameys' fees and expense, and any other damage, costs and expenses the Owner may incur by reason of completing the Work of any delay thereof. The amount, if any, to be paid to the Contractor shall be certified by the Architect upon application, in the manner provided in Paragraph 9.4, and this obligation for payment shall survive the termination of the Contract. Paragraph) 14.3 -Suspension by the Owner for Convenience Subparagrlaph 14.3.1 Add the foNavving sentence to the end of Subparagraph 14.3.1: [Acid:] Any suspension by the Owner for convenience does not constitu#e grounds of termination by the Contractor under Section 14.1. END OF S~CTiON ~1 i~ `~i' ~l Aaanans ana K ovations to 00750 - 28 Cuntberiand my Prison -Phase 1 Supplementary General Conditions CRA Project No. 1818 February 11, 2008 B ~- Fi~+ey~Lufs HEAT/N6 • AIR CONOIT/ON/NG • PL UMBING November ~ 3, 2009 Crabtree, Rohrbaugh & Associates 401 East V4'inding Hill Road Mechanicsburg, PA 17055 Subject: Change Order Proposal - FLC-008 Temporary Domestic Hot Water Cumberland County Prison -Plumbing Contract Architect's Project No. 1818 Frey Lutz Project No. 80063 Attention: Mr. 'tim Snell Construction Administrator Dear Tim, We are pleased to submit this change order request to supply and maintain a temporary domestic hot water jgenerator. The cost for this change is $53,655. As we have stated in previous letters, it is not its our scope of supply. Our supporting documentation is enclosed for your review. If you have any questions or need additional information, please call me at 717.898.6808. Sincerely„! Frey Lutz MCorp ~ ~ G~-r..<w-..r " Member of.• Elaine R.1Lenyo Project M~r-ager Associated Builders & Contractors CC: P.' Slattery (CCP) Home Builders Association of File -Project 80063 Lancaster County National Association enC10SUTC' ~ of Plumbing, Heating & Cooling 1 Contractors 1195 Ivy Drive, Lancaster, PA 17609 / Uoice:717-896808 / F~,~;ti717-898-3578 / www.freylutz.com Frey Lutz Corp Change Order Request Work Sheet PROJECT INFORMATION Date ~ November 7, 2009 Project Manager Elaine Len o Job Name I Cumberland County Prison Estimate By Elaine Len o Job Number 80036 Chan a Order Re uest # COP 008 Project Descri tion Temporary Domestic Hot Water ~ PROJECT BREAKDOWN Material Cost I $ 38,604.99 Tax ', $ 2,316.30 Tool Cost 0% $ - Safety Cost ~ 0% $ - Supervision Cy st 5% $ 2,080.80 As Built Drawi g Cos t 0% $ - Pipe Fitter Ho rs 44.00 @ $ 88.43 = $ 3,010.92 Sht Mtl Field ours - @ $ - _ $ - Sht Mtl Shop Ni ours - @ $ - - $ - Service Hours - @ $ - _ $ - Control Hoursj - @ $ - - $ - SubContract ~ost $ - Misceilaneou~ Cost $ - Cost Markup on Material Markup on~Labor Markup onSubcontracts Bond Cost j Total Chang Order Amount EXCLUSION I $ 46.013.01 I 15.0% $ 6,138.19 15.0% $ 451.64 5.0% $ - 2.0% $ 1,051.68 $ 53,655.00 30 FREY LUTZ CORP PROJECT NAME Cumberland County Prison DATE : 07-Nov-09 PROJECT #: 80036 PIPING EQUIPMENT ~UMMARY ESTIMATE BY Elaine Lenyo em ora Domestic H t Water MATERIAL FIELD LABOR SHOP LABOR DESCRIPTION' QUAN- TITY UNIT UNIT PRICE AMOUNT UNIT HOURS AMOUNT UNIT HOURS AMOUNT Powerhouse E ui me t Invoice 04/22/09 1 $5,350.00 $5,350.00 - - Powerhouse E ui me t Invoice 05/01/09 1 $1,357.50 $1,357.50 - - Powerhouse E ui ma t Invoice 05/01/09 1 $4,500.00 $4,500.00 - - Powerhouse E ul ma t Invoice 06/10/09 1 $4,500.00 $4,500.00 - - Powefiouse E ui me t Invoice 07/10/09 1 $4,500.00 $4,500.00 - - Powefiouse E ul me t Invoice 0826109 1 $4,500.00 $4,500.00 - - Powerhouse E ui me t Invoice 09/10/09 1 $4,500.00 $4,500.00 - - Powerhouse E ui me t Invoice 10/01/09 1 $4,500.00 $4,500.00 - - Powerhouse E ui t Invoice 11/01/09 1 $4,500.00 $4,500.00 - - Labor to set-u , maint in & tear down 1 lot 38.00 38.00 - 2" co er 20 ft $12.30 $246.00 - - 2" co er elbows 6 ea $18.39 $1 i 0.34 - - 2" male ada tern 2 ea $14.89 $29.78 - - 2' s iit rin s 3 ea $1.62 $4.86 - - wall late 3 ea $0.65 $1.95 - - alI thread 6 ft $0.76 $4.56 - - Labor to install 1 lot 6.00 6.00 - - - - - - - - _ - . TOTALS S38 604.99 44.00 Pow RHousE :. .. ..... ........ _.. Boi~~s HESS® EQtli MENT I INVOICE tnvoice Ffo.: 2296 Terms• Net Chte Ship Via: MAA Date Issued: 4J22f 9 Due: 4122/09 Ship Date: 4/13109 ! Customer PO: 145 0 :Sates Rep: Brendan J. McNamee ' ................................................................................................................................:............................... ...........................i FREY LUTZ CORP RATION ~ Garrtact: ' Dale Deatrick 11951VY DRIVE ~ ! Cumberland County Prison Lancaster, PA 17641 :Phone: 717-898808 ~ 1101 Claremont Road ~ f USA ~ Fax: 717-898-3578 ~ Carlisle, PA 17015 USA ~ One (f) month rents! of one ('1) 50 Hp trailer enclosed DHW generaion system; Una No. i3-778 from April 13, 2009 through May 12, 2009. 1.00 ~ ~ Transport of Unit No. 8-778 from Detanco, NJ to 850.00 ~ B50.00 j i Carlisle, PA. aa' fi4 !i .;: x•a " p~ . .. .Y. ., ?I.^1 Ga '~ f, far vt K: I(i ::~ . I:f. r r - ~~ I'.. ff: _. ~ i.i~~ .. .: . :. ,ti'i~:i?:Get?:i ChecklCredit Memo No: Subtotal __Y ___i__.___ __ ~! b, 35000 Sales Tax _ _ __ __ _ _ _ _ __ Total tnvoice Amount J ~ ~ y ^ __y 5_350^00 PaymerttlGredit Applied _ ~ _ TOTAL ~^ 5,350.00 SEND PAYMENT TO: Powerhouse Equipment & Engineering Co., Inc. 240 Greek Rd. Delanco, NJ 08075 ATTN: Accounts Recefval~Ie POWERHOUSE EGUIPMEHT & ENGINEERING COMPANY INCORPORATED P01NE HOUSE . ...........................................................................................: goi~.ER ERUIPMENT f INVC)ICE ARE OURB~SINESS _ ._~1 ..........................._......................................................................._..._.... i_-------- _ -_..---'-- tnvo'~ce No.: 23019.., :Terms: Net Due Ship Via: MAA Date Issued: 5/1/09 ~ bue: 311109 Ship Date: 4/13105 Customer P0:14568 :Sales Rep: Brendan J. McNamee ~ ~ . . FREY LUTZ CORD TION 'Contact: Date Deatrldc 1195 IVY DRNE ~ Cumberland County Prison ~ [.ancaster, PA 17601 ~ Phone: 717-898-6808 1101 Claremont Road USA :Fax: 717-898-3576 f Carlisle, PA 17015 USA ~ ~- BogerlBumerservice to start-up and adjustment of Unit No. B-778 as outlined In the attached Service Reports. 7.50: { ~ Service Tech - 7.5 Hrs ST 115.00 ! 862.50 J 1 396.00 i I i Travel & Togs -396 Maes ~ i.25 495.00 ~' N ----~._._..__. i _.__.____-----._. i___.-__--~._____ -- _ Subtotal :,.. ~, ~.i..:. ~E •, Y:. ~- _ ~.,~~,:::,:;.>:~. . , , ; .~` ,~ ::~ ~ Sates Tax - - -- ~--- ~. _____ ~ ._. -._... __..._,_--- - - , ~, r , a :; ~,:: :~:~ .. ,,i , __ Total Invoice Amount 1,357 50~ ._ .. ~=~ .~.. ',+ I,., f°~% Payment/t;reditAppfred _ TQTAL 1,357.50 CheckfCrediE Memo SEND PAYMENTTQ: Pov~ert-ouse Equipment & Engineering Co., Inc. 24Q Creek Rd. Delanco, NJ 08075 ATTN: Accounts Receivable POWERHOUSE EQUIPMENT & ENOINEERINB COMPANY INCORPORATED 240 CREEK RD., DELANCD, N1 08075 usA 1.800.37.STEAM FOCAL 855.764.3333 rnx 858.764.3330 www.pnwerhouseboiters.oorn POINERHt1USE f._ ..................................... ......... ..... ... ~°~~~~alE~m EQUIPMENT ~ iNVC11CE Invoice No.: 2301 ;Terms: Net Due Ship Yia: MAA Date Issued: 511109 ;Due: 511/09 :Ship Date: 4113!09 ~ Customer P0:.14561$0 Sales Rep: Brendan J. McNamee FREY LUTZ CORP RATION ~ Contact: ~ Dale Deatriclc 1195 IVY DRIVE ! i Cumberland County Prison Lancaster, PA 1760' Phone: 717-898-6808 i 1101 Claremont Road i USA ' Fax: 717-898-3578 Carlisle, PA 17015 USA •= ~ tone (1) month rental or one (~) ou rrp ut-ivu ', trailerencbsed generation system; Unit Nc. 8-778 from May i3, 2009 though June 11, 2009. Subtotal _ 4,500.00 Sates Tax --.-__~_______ ____.-.-_- --.._._.~_~..~~ Total Invoice Amount ~~ ~- 4,500.00 ~ TOTAL j a,500.00 ~ SEND PAYMENTTO: Powerhouse Equipment & Engineering Co., Inc. 240 Cteek Rd. t>elartco, NJ 06075 ATTN: Accounts Receivable POWERHOUSE EgU1PMENT & ENGINEERING COMPANY INCORPORATED 240 CREEK RO., OELANCO, N! 08078 usa 1.800.37.S7EAM ~ocnL 886.764.3333 Fax 858.764.3330 www.~awerbsusebolisrs.cenr ~W~RHOUSE ................... ..... gO~o~R~INE~s® EQUf MEt~T f 11VV0(CE Invoice Na.: 2313 ~ Terms: Net Due Ship Via: MAA ~ Date Rssued: 6110/U9 ~ Due: fi110/09 Ship Date: 4/13/09 i Customer PU: 1456#30 ;Sates Re :Brendan J, McNamee ~ ............- ............................................................:...............p.............................................:................................................................r FREY LU7Z CORP RATION :Contact: Date Deatrick I • i i95 tVY DRIVE ~ Cumberland County Prison Langster, PA 17601 Phone: 717-898-6808 , 1101 Claremont Road i USR „ .Fax: 717-898-3578 ,~ Carlisle, PA 17015 USA i r ~. 1.00 ~ Orte {1) mor>tti rental of one (1) 50 Hp O(-tU'V 4,500.00 4,500.00 ` trailer ancbsed generation system; Untt No. 8-778 from June 12, 2009 through Juy 11, 2009. ~ ~ j 'Subtotal 4,500.00 scc: r:: :.. --- -_ ----- -----_ ---- ;: ~. ,: _ i;,-,:<,::,:, ~Satas Tax s; , ~ .~ ~ r ~`~ i'=° ~:` `'.;.` :~ "':~ Total Invoice Amount 4 500.00 . 4 ` ... - '`a,,..,:: i :::::.....:. I'aymentlCredit Applied TOTAL _~~ _ --.--_ 4,500.00 Check/Credit No: SENED PAYMENT TO: Powertrouse Equipment & Engineering Co., Inc. 240 Creek Rd. Delanco, NJ 08075 ATTN: Accounts Receivable POWERHOUSE EQUIPMENT & ENGINEERING COMPANY INCORPORATED 240 CREEK RD., DEL0.kC0, NJ D8076 UsA t.8D0.37.STEAM 4oCnL 856.764.3333 Fnx 856.784.3330 www.powerhou~eboiler:.ocm E4u RHOUSE MENT .. .............................................. INV4lCE .. ...~ s~ Rs~o i ............. ........................................... i------- ______ .. ' Terms; Net Due Ship Via: MAA Due: ~' 7110109 Ship Date: 4/13/08 Safes Rep: Brendan J. McNamee ................. ............ ... .. ....:.. ........................................... .... i ~~~ Contact: ~ ( Dale i~eatrick n , I r~~.rt,~~.,,~r.,~~.,+„o.~~., Invoice No.:....2322 .................... . Date Issued: 7/10/p9 Customer P0:1456~0 FREY WTZCORPC~RATiON 11951VY URIVF ChecWCredit Memo No; SEND PAYMENT TO: Powefiouse Equiprrrent 8 Englneerttg Co., Inc. 240 Cfeek Rd. Delanco, NJ 1)8075 ATTN; Accounts Receivable POWERHOUSE EIIUIPMENT & ENGINEERING COA(PANY INCDRPDRAiED 240 CREEK RD., DELANCO, NJ 08075 usa T.800.37.S7EAM local 856.764.3333 raX 858.764.3330 ', www nnwarbn a crtlrn ffnrsnnm r ~ Eau ....................... Invoice No.: 233 Date issued: 8126 Customer PO: 145E FREY IUTZC01 1195 IVY DRIVE Lancaster, PA 1 USA RHOUSE ~, ...................... _.... _........ .... sotres NlEIVT INVOICE ABEOURBUSWESS ______J ................................_............................... _..._...... _._. ... ~ ': Terms: Nat Due Ship Via: MAA , a ~ Due: 8!26109 ~ Ship Datm: 4/13/09 } 'Sales Rep: Brendan J. McNamee ;ATION 'Contact: Date Deatrick Cumberland County Prison Phone: 717-898-8808 i 1101 Claremont Road Pax: 717-898-3578 Carlisle, PA 17015 .... ... ..................... :........................................ ...USA... .. .................... .... .................... ~ ~ 1.00 Rental of one (1}50 Hp trailer enGosed DHW 4,50D.00 4,500.00 generation system; tJni[ No. B-778 from August , i I I , 11, 2009 through September 9, 2009. i ~, i I' I I I Ks. fS.: .4 5~ ' k~ s_~l"-G.:;. ~ i }}xx~ Ali{L;1~; .. .,~` a,1 u ' ~ py mi . 34 ~Y R M i ChecklCredil Memo Subtotal i 4,500.00 _ -_,_.^ ^_ ~~ _ __ Sales Tax __ __ Total Invoice Amount _! - -.' ----~--- - --~^- ~ 4,500.00 -------- PaymentlCreditApplied TOTAL 4,500.Op ' ._ .. _.. __ _ ..._ ....... - - ---=-= _=---- -1__----- --~~ __.~ SEND PAYMENTTO: Powertrouse Equipment & Engineering Ca., Inc. 240 Creek Rd. Delanca, NJ 08075 ATTN: Accounts Receivable PDWERHDOSE EGOIPMENT & ENGINEERING COMPANY iNCORPDRA7ED 240 CREEK RD., DELANCO, N) 08075 use 1.800.37.STEAM tbcA- 856.764.3333 Fax 656.764.3330 w w w, p o w e r h o u s e b o i l e r s. c o m • • EQu~ nnENr INVO-tCE introits No.: 2339 Terms: Net Due ~ Ship Via: MAA Date issued: 9/10/b9 Due: 9!10109 i Ship Date; 4/13/09 CustomerP0:1456 0 ~ Saies Rep: Brendan J. McNamee FREY LUTZ CORP RATION (Contact: + Dale Deatrick 11951VY QRIVE I Cumberland County Prison Lancaster, PA t7& 1 Phone: 717-898-6808 J 1101 Clarem.ant Road USA ~ Fax: 717-898-3578 CaNiste, PA 17015 + USA ----------_._.~~.-- -_..___._._.._..__..__._-_ -......._...._.._.l__....---_.---~---------~-----_-J __--_.-------_.---.-..._ ____------______---------------------..__.: 1,00 One (1) motrth rental vfone {i) 50 Hp trailer 4,500.00 4,500.00 enclosed DHW g~eration systarn; t)nt No. ! B-778 from September 10, 2009 through ' ! I October 9, 2009. i I I I i __ ,.~ i I ?f }'i F:= - .. :. ~.. ..... ~a~ .... .-. .,.... Subtotal _ _4,500.00 Sales Tax __._ ~_ -` Total invoice Amount _' ~~^ 4,770.00 Payn~entlCredit Appifed -~~ Tb~TAir r~ ~°~ , ;, ~.. ,. •~. Check/Credit Me¢no No: SEND PAYMEN7T0: Pov~rarhousa Equipment & Engineering Co., Ina. 240 Creek Rd. Delanco, NJ 08475 ATTN: Accounts Receivable POWERHOUSE EQUIPMENT & EK8lNEERINR COMPANY INCORPORATED 240 CREEK RD., DELANCO, NJ 08075 use 1.800.37:STEAM CocA~ 858.764.3333 rAx 856.764.3330 www.pawertte asa bcl ters,o om ~ w Eau HccUUT~E ~G~ 1 sai~RS ARE suslNESs --- e --_^~.._.._ ___._~ ~ ____.._.--- ~ -----------~____ • _.__ _-___.__.._._.... ~_1 1.00 One (1) month rental ofane. (1j 60 Hp trailer 4,500.00 4,500.00 enclosed DHW generation system; Unit No. 13-778 from October 10, 2009 through I f i November 8, 2009. , i I ~I . I Subtotal _ _.___ ------..___-_ 4,500.00 ___ Sales Tax -~- ` ~. T t l I i A ~~ o a nvo ce mount PaytnentlCradit Applied ~~~~~~ 4,770.00 TOTAL ~ ~ ~ r{ 5~ : ~ '. CtnaeWCredit Memo SEND PAYMENT` TO: Powerhouse Equipment & Engineering Co., Inc, 240 Creek Rd. Delanco, NJ 08075 ATTN: Accounts Receivable POWERHOUSE EQUIPMENT & ENGIHEERINC COMPANY INCORPORATED 24'0 CREEK RD., DELANCQ, NI OB075 USA t.80Q.37.STEAM taCAL 856.764.3333 rAx 856.764.333Q www, paw erhausal+ai Isrs,canr SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~# 1ti.,• of ~uin~~r~T~~ Jody S Smith Chief Deputy J~, Richard W Stewart Solicitor c:~=~ ~°f = tr= ~~=r;~~~ Frey Lutz Corp. vs. Cumberland County (et al.) Case Number 2010-6678 SHERIFF'S RETURN OF SERVICE 10/21/2010 11:45 AM -Jason Vioral, Sergeant, who being duly sworn according to law, states that on October 21, 2010 at 1145 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cumberland County c/o The Solicitor's Office, by making known unto Janet Walter, Paralegal for The Cumberland County Solicitor's Office at 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. ~'~ c~->' JASON ORA DEPUTY 10/28/2010 12:38 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn accor ing t aw, states that on October 28, 2010 at 1238 hours, he served a true copy of the within Complaint an tice, upon the within named defendant, to wit: Crabtree Rohrbaugh & Associates, by making known unto Lisa Goss, Administrative Assistant to the President of Crabtree Rohrbaugh & Associates at 401 E. Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. AW GUTS L, D PUTY SHERIFF COST: $53.00 October 29, 2010 SO ANSWERS, RON R ANDERSON,-SH~RJFF_-w ~- u ~ ` ' - c, ~ ~ ~=-' - ~ ~; 3 ~ ~ . __, ~"`~ .+ ~ = ~~ c. CourfySuite Sheriff. 'ieleo~oft, In;;. a F~LEf~-l~~ FfC~ w ~~~ i ~~„ ,a 1~fQf~!Q~'-3 ~~if~ 2~' Richard B. Druby, Esquire I.D. 61904 Anthony J. Nestico, Esquire I.D. 58868 NESTICO, DRUBY & HILDABRAND, PC 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 fax FREY LUTZ CORPORATION Plaintiff v. CRABTREE, ROHRBAUGH & ASSOCIATES and CUMBERLAND COUNTY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-6678 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendant, Crabtree, Rohrbaugh & Associates. NESTICO,~~UBY & By: Dated: ~ ~ ~ Richard B. D by Attorney I.D. 0 6190 Anthony J. Nestico Attorney I.D. No. 58868 840 East Chocolate Avenue Hershey, Pennsylvania 17033 Tel: (717) 533-5406 Fax: (717) 533-5717 Attorney for Defendant PC CERTIFICATE OF SERVICE I, Richard B. Druby, Esquire, of the law firm of Nestico, Druby & Hildabrand, PC, hereby certify that on the ~ f day of November 2010, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Timothy J. Woolford, Esquire Ciara C. Young, Esquire Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603