HomeMy WebLinkAbout06-1190
LOBAR, INC,
I Old Mill Road
Dillsburg, PA 17019
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff,
v.
: Civil Action No. 01.". i 1 9 D C~~ I ~
CARLISLE AREA SCHOOL DISTRICT,
623 West Penn Street
Carlisle, PA 17103-2239
and
: CIVIL ACTION - LAW
FOREMAN PROGRAM AND
CONSTRUCTION MANAGERS, INC.,
P.O. Box 189
Zelienople, PA 16063
and
FOREMAN ARCHITECTS -
ENGINEERS, INC.
P,O. Box 189
Zelienople, PA 16063
: JURY TRIAL DEMANDED
Defendants.
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER,
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A ] 7013
(800) 990-9108
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted de sea defenderse de ]as
demandas que se presentan mas ade]ante en ]as siguientes paginas, debe tomar acci6n dentro de
]os pr6ximos veinte (20) dias despues de ]a notificaci6n de esta Demanda y Aviso radicando
persona]mente 0 por medio de un abogado una comparecencia escrita y radicando en ]a Corte por
escrito sus defensas de, y objecciones a, ]as demandas presentadas aqui en contra suya. Se]e
advierte de que si usted falla de tomar acci6n como se describe anteriormente, e] caso puede
proceder sin usted y un fallo por cua]quier suma de dinero rec]amada en ]a demanda 0 cua]quier
otra rec]amaci6n 0 remedio so]icitado por e] demandante puede ser dictado en contra suya por ]a
Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO,
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA ]7013
(800) 990-9108
Dated:
By
Evan Pappas, 1.
P.O. Box 88
Harrisburg, P A ] 7] 08
(717) 909-1655
Attorneys for Plaintiff
LOBAR, INe.
I Old Mill Road
Dillsburg, PA 17019
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff,
v.
: Civil Action No. 0<, - 1/110 Cu:J. -r-u-.
CARLISLE AREA SCHOOL DISTRICT,
623 West Penn Street
Carlisle, P A 17103-2239
and
: CIVIL ACTION - LAW
FOREMAN PROGRAM AND
CONSTRUCTION MANAGERS, INC.,
P.O. Box 189
Zelienople, P A 16063
and
FOREMAN ARCHITECTS -
ENGINEERS, INe.
P.O. Box 189
Zelienople, PA 16063
: JURY TRIAL DEMANDED
Defendants.
COMPLAINT
AND NOW COMES the Plaintiff, Lobar, Inc., by and through its counsel, Shumaker
Williams, P.C., and states the following:
I, Plaintiff, Lobar, Inc., is a Pennsylvania corporation with its registered address as I
Old Mill Road, Dillsburg, Pennsylvania, 17019, York County. Plaintiff brings this suit on behalf
of its authorized agent and subcontractor, W, Craig Adams, Inc. ("Adams"), with its registered
address as 107 Campbell Road, York, Pennsylvania 17402, York County,
2. Defendant, Carlisle Area School District, is a Pennsylvania Public School District
located at 623 West Penn Street, Carlisle, Pennsylvania 17013, Cumberland County,
3. Defendant, Foreman Program and Construction Managers is a Pennsylvania
corporation located at P.O. Box 189 Zelienople, Pennsylvania, 16063, Butler County.
4. Defendant Foreman Architects - Engineers, Inc. is a Pennsylvania Corporation
located at P.O. Box 189 Zelienople, Pennsylvania, 16063, Butler County.
4. On September 29,2003 the Carlisle Area School District ("School District"),
through its authorized agent, Foreman Program and Construction Managers ("Foreman") 1, issued
a Request for Proposals to build the Bellaire Elementary School at Waggoners Gap Road,
Carlisle, Pennsylvania 17013 (the "Project").
5, Specifically, the Request for Proposals invited bids from general contractors able
to complete the construction according to the detailed specifications outlined in the Contract
Documents.2
6. On December 16, 2004, the School District entered into a contract with Lobar,
Inc, ("Lobar") under which Lobar was to act as general contractor and to provide labor and
materials for the construction of the Bellaire Elementary School. This contract is composed of
three parts and includes the Standard Form of Agreement Between Owner and Contractor
("Standard Form"), General Conditions ofthe Contract for Construction ("General Conditions")
Foreman Program and Construction Managers, Inc. is the construction management company hired by the
School District to prepare the formal bid documents and to administer the competitive solicitation seeking general
contractors. Foreman Architects - Engineers, Inc. is the architect for the project. It is believed that these two
entities are related corporations. For ease of reference they will be referred to as "Foreman,"
2 The Contract Documents include the Agreement between the Owner (School District) and the Contractor,
project specifications, drawings and other documents that relate to the physical characteristics of the site. The
Contract Documents are intended to provide a basis by which contractors and subcontractors can make realistic bids
for their labor.
2
and The Project Manual ("Supplementary Conditions") containing supplementary conditions to
the General Conditions. True and correct copies of these contracts are included as Exhibits "A,"
"B" and "C" respectively.
7. On January 19, 2005, Lobar entered into a subcontract with Adams under which
Adams was to perform certain excavation and site clearing work for the Project. A true and
correct copy of this subcontract is included as Exhibit "D".
8. The contract specification documents contain an Erosion and Sediment Control
Plan ("map C121") and a Grading and Storm Drainage Plan ("map C1ll") both of which were
prepared by Foreman and issued on March 18, 2004. A true and correct copy of map 121 and
map 111 are attached as Exhibits "E" and "F."
9. Map C121 and map C111 contain consistent representations of where a tree line
existed relative to the surrounding property and relative to the proposed school structure.
10. Map C121 and map C111 are descriptive representations provided by Foreman
and the School District by which Adams was to extrapolate the extent of their excavation and
tree removal work so that an accurate bid estimate could be made.
II. On February 10, 2005, and before maps C121 and Cll1 were created,
Cumberland Geotechnical Consultants created a Test Boring Location Map for Foreman which
intended to show only where test boring holes were drilled.3
12. Incidentally, this Test Boring Location Map showed a different and more
extensive area of trees within the project construction site than what was represented on map 121
and map 111.
Test boring holes provide information to the architect and contractor about the subsurface stability.
3
13. By the terms of the Contract Documents, and also the terms of the Cumberland
Geotechnical Consultants report, the Test Boring Location Map was not to be relied on by any
contractors in the process of making a bid.
14. Adams submitted a bid to Lobar for the cost ofthe site clearing and excavation
work to be done based on the contract specifications provided to Lobar from Foreman
concerning the physical and spatial characteristics of the site.
15. On March 14,2005, Adams visited the site of the construction project and
discovered that the actual work necessary was more labor intensive than the Contract Documents
had represented.
16. In particular, Adams discovered that an additional four and one-half (4 Yz) acres
of trees, not mentioned in the Contract Documents, needed to be cleared.
17. On March 17,2005, Adams notified Lobar of the fact that the actual construction
site differed from the representations contained in the Contract Documents.
18. Due to the different site conditions, Adams' excavation and site clearing would
require more labor and compensation than previously thought.
19. On March 18,2005, Lobar submitted a "Request for Information" to Foreman
seeking clarification on the differences between the bid documents and the actual site. A true
and correct copy is attached as Exhibit "G."
20. On March 30, 2005, Foreman responded to this "Request for Information"
referring Lobar (and Adams) back to the original Contract Documents from which the
uncertainty had initially arisen.
4
21. Thereafter, on April 6, 2005, Lobar sent a letter to Foreman reiterating that the
specifications for the project do not match the physical characteristics of the tree line at the site,
and that an additional $47,661.00 would be required to compensate Lobar and Adams for the
additional work.
22. The General Conditions and the Supplementary Conditions both provide a
procedure for redress in the case of changed circumstances. See General Conditions, Article 7.
23. On or about April 15, 2005, Lobar sent a "Change Order Proposal" to Foreman to
modify the original contract and seeking additional compensation for the labor required for
Adams to clear the additional trees.
24. On April 25, 2005, Foreman rejected Lobar's Change Order Proposal.
25. On June 1,2005, Lobar requested a meeting with Foreman to discuss the
differences in the actual site conditions from the Contract Documents, which never occurred.
26. Also on June 1,2005, Lobar sent a letter to Foreman indicating that the drawings
did not provide enough information and that it is not customary for subcontractors to have their
own independent survey commissioned before bidding for a project. The letter also
communicated Adams' intent to complete the full site excavation in good faith to prevent a delay
in the proj ect.
27. Although Adams was aware on March 14,2005 that there was more excavation
and clearing work to be done on the site than was disclosed on the Contract Documents, Adams
proceeded with and has completed all of the necessary site clearing and excavation in good faith
to prevent a delay in the project.
5
28. On October 28,2005, Lobar sent a demand for arbitration letter to Foreman
pursuant to Section 4.8 and 4.9 of the General Conditions and 4.8 and 4.9 of the Supplementary
Conditions.
29. On December 12, 2005, Foreman sent a letter to Lobar raising procedural and
format related deficiencies with Lobar's demand for arbitration dated October 28, 2005.
30. In response to this letter, Lobar sent a subsequent demand for arbitration letter to
the School District on December 12, 2005. Lobar's second demand for arbitration was sent to
the School District (rather than Foreman) and specified that the arbitrator would not have
jurisdiction on any amounts over $200,000.00. See General Conditions and Supplementary
Conditions Article 4.
31. On or about December 13, 2005, the School District received notice from the
American Arbitration Association that the matter in dispute had been referred for arbitration.
32. The Supplementary Conditions mandate that "upon receipt of a demand for
arbitration, Owner (School District) shall advise the party making the demand in writing within
twenty days ifit agrees to submit the matter to arbitration or litigation."
33. On December 20,2005, the School District sent a letter to Lobar denying the
demand for arbitration and leaving Lobar and Adams' sole remedy in litigation.
34. On January 30,2006, Lobar and Adams entered into a liquidating agreement in an
effort to align their interests and permit suit against Foreman and the School District. See
Liquidating Agreement attached as Exhibit "H."
6
35. Due to the additional 4 Y2 acres of site clearing that was required on the School
District Project Adams expended an additional $47,661.00 of site clearing and excavation work
above that which the original contract had specified.
36. To date, Adams has not been paid for any of the additional site clearing work that
was performed and fully completed in good faith on the Project.
Count I
Breach of Contract
37. Paragraphs 1 through 36 above are incorporated herein by reference.
38. The General Conditions and the Supplementary Conditions provide a means by
which a Contractor may request that the original terms of the contract be modified to allow for
unforeseen circumstances. See Article 7 of the General Conditions and the Supplementary
Conditions.
39. Article 7 provides the means by which a contractor may extend the date for
performance of a specific task related to the project and receive additional compensation for
underfunded tasks.
40. The School District and Foreman were presented with changed circumstances
because the actual site was substantially different than what was presented in the bid documents.
41. The Contract Documents provided a gross understatement of the area and amount
of trees that were present on the site that needed to be removed.
42. When this understatement was brought to the attention of Foreman, Foreman
purported to blame Adams for not knowing the site conditions.
7
43. The School District breached the contract because the School District had the
ability and the procedures in place to provide accommodations for changed circumstances,
however, the School District failed to provide accommodations when a change of circumstances
was presented to them.
44. Adams suffered damages as a result of this breach because Adams cleared the
amount of trees necessary for the Project to continue in a good faith attempt to keep the project
on track. Adams completed the site clearing and excavation even though the compensation was
less than the full value of the work provided.
45. Due to the additional 4 Y2 acres of site clearing and excavation that Adams
provided, Adams has suffered damages in the amount of $47,661.00.
46. Had the true site conditions been accurately disclosed by the School District and
Foreman, Adams would have been able to provide an estimate based on the actual work that
needed to be done.
WHEREFORE, Plaintiff, Lobar, Inc., respectfully requests this Honorable Court to enter
judgment in its favor and against Defendants Carlisle Area School District and Foreman and
award Plaintiff damages in the amount of$47,661.00, plus attorneys' fees, interest, costs and
such other relief as the Court may deem necessary and appropriate.
Count II
Unjust Enrichment
47. Paragraphs 1 through 46 above are incorporated herein by reference.
48. Adams conferred a benefit upon the School District by clearing more acres of
trees than Adams was paid to remove.
8
49. Adams conferred a benefit on Foreman by clearing more trees than were disclosed
to have been present, thereby accomplishing Foreman's duties to the School District for less
money.
50. Defendants knowingly accepted this benefit because the project construction has
continued on schedule to date, which would not have been possible without Adams' services.
51. Defendants also knowingly accepted this benefit because they were made aware
of the changed circumstances on March 18,2005, then later on June 1,2005, were notified that
the trees were removed in good faith to not hinder the progress of the Project.
52. Allowing the Defendant to retain the benefits of Adams' site clearing and
excavation work without paying for these services is grossly unjust to Adams.
53. Adams should be fairly compensated for the value of the site clearing and
excavation work that was utilized by Defendants, specifically the cost to remove 4 Y2 acres of
trees.
54. Adams is entitled to the fair value of these services which totaled $47,661.00.
55. To date, Adams has not been paid any amount for the unanticipated site clearing
work that was performed.
WHEREFORE, Plaintiff, Lobar, Inc., respectfully requests this Honorable Court to enter
judgment in its favor and against Defendants Carlisle Area School District and Foreman and
award Plaintiff damages in the amount of$47,661.00, plus attorneys' fees, interest, costs and
such other relief as the Court may deem necessary and appropriate.
9
Count III
Fraud
56. Paragraphs I through 55 above are incorporated herein by reference.
57. Foreman, made several representations about the site specifications to potential
bidders which were intended to provide the basis for competitive bids for the Project.
58. Several representations were made after Foreman had an opportunity to inspect
the Project site and to evaluate the Project's needs.
59. Foreman also made several representations after having seen the Test Boring
Location Map prepared by Cumberland Geotechnical Consultants.
60. The Test Boring Location Map prepared by Cumberland Geotechnical
Consultants showed a more extensive tree line than what Foreman disclosed to potential bidders.
61. Foreman's representations, as to the number of trees to be cleared, was material to
Lobar and material to Adams because their cost for labor was based on the amount of work to be
done.
62. Foreman's representations were material because the area of trees that was not
disclosed to Adams was substantial and not deminimis.
63. Had Adams been aware that there was an additional 4 Y, acres of trees to be
removed from the Project site, Adams would have increased their contract price accordingly.
64. Foreman's representation to potential bidders of the scope of the clearing to be
done was false because 4 Y2 acres of additional trees were discovered after the removal was
underway.
10
65. Foreman's representations to potential bidders of the scope of the clearing was
false and Foreman knew these representations were false when Foreman made them.
66. Foreman knew that the tree line was more extensive than Foreman represented to
potential bidders because Foreman had first hand access to the site before construction
contractors began working.
67. Foreman knew that the tree line was more extensive than Foreman represented to
potential bidders because Foreman created the Contract Documents based on the site conditions
after having visited the site.
67. Foreman knew that the tree line was more extensive than they represented
because Foreman contracted with Cumberland Geotechnical Services who provided Foreman
with a map showing a more accurate and significantly more extensive representation of the area
to be cleared.
68. Foreman knew that the tree line was more extensive than they represented
because Foreman reviewed the maps created by Cumberland Geotechnical Services before
assembling the Contract Documents which contained a representation of the site.
68. Foreman knew that Adams' bid for site clearing and excavation was based on the
amount of trees that were contained in the bid documents.
69. Foreman had no intention of paying Adams for the actual amount of trees that
needed to be removed and were removed.
70. Adams justifiably relied on the representations of Foreman contained in the maps
and the contract specifications that showed an incorrect acreage of trees to be cleared.
II
71. Adams justifiably relied on Foreman's representations to Lobar that unexpected
circumstances could be redressed once brought to the attention of Foreman.
72. Adams also justifiably relied on the representations made by Foreman about the
amount of trees that needed to be cleared.
73. Adams was damaged because it relied on the representations made by Foreman
and contained in map Cl21 and map CIII that showed a smaller area of trees to be cleared.
74. Specifically, Adams had to clear an area of trees that was 4 Y2 acres larger than
what was represented in the Contract Documents.
75. Foreman's conduct of misrepresenting the actual area of trees that needed to be
cleared, then not paying Adams for the required work to remove additional trees is outrageous
and in wanton disregard of Adams' right to be paid.
WHEREFORE, Plaintiff, Lobar, Inc., respectfully requests this Honorable Court to enter
judgment in its favor and against Foreman and award Plaintiff damages in the amount of
$47,661.00, plus attorneys' fees, interest, costs and such other relief as the Court may deem
necessary and appropriate.
Dated: 3(Z ( Zoc6
S~~LI~MS'P'C'
. /,
By
E . n Pappas, LD.# 200103
Anthony J. Fochi, LD.# 55895
P.O. Box 88
Harrisburg, P A 17108
(717) 909-1657
Attorneys for Plaintiff
:185940
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AM UocuIl1~nl A10JICMa
if Standard Form of Agreement
Between Owner and Contractor"
where the bllSil of payment i. a STIPULATED SUM
1992 Construction Manager-Adviser Edition - Electronic Format
Inl~LJ"x...UMl:.Nl HA~lMl'\Jtl.I~1 u.:.UAL\..U1'l;)WIJt.NU.....:(.UN,)UL.IAlJU~ WJLI1~^JJVKN.tII~l;.Nl-UUKAllJ.:J}VYlln1U.:)t'Ll..l IVl1~
C;OMPLETION OR MODIFICATION. AUTHENTICATION OF TlUS EUCTRONlCALl.Y DRArrW AlA DOCIlMENT MAY 8E MADE BY USINC AlA
DOCUMLNT D....
The 1992 Ediliun of AlA Document Aa01/CM.. Gcacril C&mdiUom of the V;m1'rac\ mT CanallUd.ion. Con~t..rue\ioD Mmllcr-Adviaa Edition. i. .dopted in thil
document by reftraKC. Do 001 UII' with oI.hrt.cnchJ coodtttont IU1lcu thil doaunmt it modified.
Co\'Mihllm"'" 0.", "rThc American _111,. of A~h,I_17ll 101... lorkA''''"" N.W.. W "'" D.C. '......,''''. R .<tlon o('M _ h....n...
AGREEMENT
made .. of tho day of in th< y.... ofTwilT~Ol,i$ancl Fq\lf.{2I)04t
(112 '-Wdf. indi"lt'd.y. IllClll.h.and yr:ar)
BETWEEN !he Owner:
11'1-- ond.Jdmu)
CARLISLE ARU.SCH()()LI)~
823WMlPennSlreet" .
CalliSle; PennsYlvania 11<113
and the Contractor:
IN.....ond_)
For the fonowing Project:
(Includ.a...ikd <lacripli.. ofPYojm. w.:.lIoD. oddroa UId ""'1'<.)
NEWCQNSTRUCllON. OF:
BELLAIREl!l.eMf!NTARY~()L
W.gllOll_Gap Rll8d;cani81e:,Pei!aiIiYtvariia '11013
Tbt Con&IrUCUon Manaaer II:
(N_ondlddras)
f'~ P~OGRAI/IAlliDCON8~U~TIQ"'.IIANAGER&~INC~~~
2685:IiOUIer'R08d
MlInl1eiln;F'erInsyIvaniil1754S rind
MNOrtIl.GreehlAne
Zeli.nQJ!I.,PeIl~lIIlla1.6063
Tht ArcbittCt is:
IN.mund_)
FOREMAN ARCHfTE~ENGINEER$, .tJCORPQRAl'e!J
28115 HaUler RoIid
Mann.i1n,PlIllnaylvllnia .17545 '.. arid
Bolc189'!52!iWeM New eaalleStreet
ZelilmQpIe:.P~rrn&y1vaniil 16063 ..
Tht Owner and ContraLto, agr.. .. stt forth below.
01992 - THE AMERI~N INnnUTE. at Aln.."lIt\'I~. llJi:' NE.W YORK AVt.NUE N.W., WAiHIN\lION IJ,C,lQIJOIl..5l!l2. AlA DOCUMtNI Al01/CMI.
OWNn.cONTR"'CTOR "'GREEMENT . CONSTRUCTION M...N...GER....DVISER UlITION - "'A<IIl . WARNING: Unli_..d phCo'ocCopylnB viola'o, U.S.
copyright l.wl and is tubject to lepl prosecution. Thi.li document w. ~rDhally produaKi with permisston of th. AlA and tan b. reproduced in
.Kcor~c. with your Iic:ente without violation until the dirte of ..piration as noted below. expiration ill norfid below. exptriltlon al noted below.
i!xpir,.Hon as noted below. expiration '" note bMow. eKpiration as noted b.Iow. eapir.tlotl as nofed below. expiration. notad below. .Jfp;nt,ion
ilS lioted below. e)(pirat;on as not.d below. expiration II noted MlaW. Uur Documltl\t: 2OO201300500.AIA .. 412112004. AlA Lice"" Number
1148073, which Itxpires on 6J5I1OO4.
Eledronlc Format A.101ICMit-1991
1
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Ag....ment. Condilions of the Conlncl (Gehtra~ Supplementary and other Condillons),
Drawings. Specifications. Addenda issued prior 10 execution of this Agrte"",nt. other documents listed in this Agr<<ment and
Modifications issued afler exeeut.ion of this Agreement; these form the Contract, and are as fully a part of the Contract.. if at\ached to
lhis Agreement or rtpeated he..in. The Conlne\ rtp",..nta the entile and ilItegr.ted agreement between the panies hereto and
supersedes prior DI!Rotiatiolll. representations at agll!!ements. either written or oral. An enumeration of tbe Contract Documents. ot.lu!t
lhan Modifications, appears in Article ,.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor sh.ll execute the en\be Work dtsc:ribed in the Contra<:t Documents. except to the extent specifieally indicated In the
Contl1lct Documents 10 he the responsibility of others, or as follow",
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the dale fJem ,/hiell -1M 1;;._ Tillie If PuopIpk 3d i. "'....lIltl. ..hall e. lito ..Ie .f
thH }~ruJB!Rt. M-ftFiI I5fiMIB Hi..~ YnlIlSS Il .!IiA'!MBt daM is staled MI.. ~ .. plERisieB it ....... far 11le daY to be fixed in a notice to
proceed iosued by the Owner.
(11J1CFt. the~lf o(c.'Dn'Jmcnc~~t,..;fjt difI<<s ,lMm th" d.t~ of w, Aa'~1 or. if 'PJ'HGi'*. ,.~ ~f tlat4Utt wiD br,IDf:d!n. - n_o~ 10~)
The WOIk1i:l1ill pertormeduitderllllS ContraCt ahalllillCCiml\lliIlCildI/!uTttldllltelY upOruec:eiJ:lt Df~..!IIotIcelD I>roceeci of
the ExecUlIOilQf lIle Agreem.nt.Wli~~fQceuis linIl
Unle.. the dat< of commencomcnt j, eetablished by a notice to proceed Issuod by the Owner. the Contnlctor shall notify the Owner,
through the Constsuction Manager. in writina not leis than /ive daY' bcfort commencill& the Work to pennit the timely tiling of
mortBaaes. III'-L.--~_.s _111 and other eec:urlty inteusu.
3.2 The Conlrll(tor shall achieve Subotantial Completion of the entire Work DOt later than
(I."", lh< caI<ndu ria'" or._ ofalmdudayJ .~... dIt..", of com_llJIftl. Abo i_ .nylf</Wmnea" fDr",,/kr S._lW comploltion ofarWn poll/OlJl
ofrM Wad-. if notlU'.J .",Anr In the CDnu..:, DoQ.lIDGJu,)
with pDctlonsOfthaWorklD t>ep.ti.llycompIetllilIOSlJchexltlril ~~falltwlS CJWnerCic:l:ijpai1cy,irI.ph8-~~1n
Section 01.1,01 Of tIlePIl!jeclMll!luet.el1llfQlkW!ing~ piltwTl"'Qf.sectlarIO.',32rof1b<<l:pi'ojec:l~.rjul!liorl\$'
otherwise muluallyaglllllCt; l~wtlti~;_eflltlxltl1~Qf lI\i.:Agi"eer!t1\1t.
. .ubject to adjustments oClhi> Contnct Time u provided in the Contract Documents.
(1",," prrwI._ if ..~. [or Iiquidolfd .m.... _lIorlo t.JIwr", mmp/or< "" _.J
The,ContrBc\Or l!nc!theConAClD!'s Suliety 8haII be.IIabl4i.1Qr.aJ'ldstjIlR~ lheOWnaf lIquid~ '~.gea il1~,w1lh
provi$iDIls qIQGC;\lI1'lentOO8OQ- Supplem!!mlllryCOllditil?.....Artfqle 'II.. SUbplli!llflmlll!.~;".
ARTICLE 4
CONTRACT SUM
4.1 The Owner .baD pay the Contractor in cunent funds for the Contractor's performance of the ContrOd the Contract Sum of
Dollars (s l. subject to addition, and deductions as providtd in the Contract Documents.
4.2 The Contract Sum is hued upon the foUov.'iDS allemates, if any. which are described In the Contract DOCWDeJlts and are
hereby .c~pted by tbe Owner:
(Su~ rhe numbtn IX otMr idmti6"Uon of ,c;apVd ahmMra. If d<<iM'(>>I6 on olbl!/' ';,nmlet Mtt to br 1DIMk by th. 0wlHr AI~lIml lD the tm;.uriOh of tbil
AglwIbc:DI, aUach.l schedult ofJucb ot/wr .a/rcma'f$ ,tbolt'iDl l..amount (ar~ch GJd 1M da~ undJ wbkb WI atOw11 is wdid)
Cllil92 - THt, AIYlf.RI(;AN IN511IUIt. at' ARCMIT~'T:i. l/j) Nt,W YORrt AVtNUt N.W., WMttlNGTQN O.~.l\AND'":':I292. AlA DOf;UMt.NI ....I01ICMa.
OWNER.CONTRACTOR AGREEMENT' CON5TRUCTlON MANAGER.AOVI5lR EDITION - AlA.. . WARNING: unll<.nscd pho.ocopying ,loll'.' U.5.
copyrighT law! artd is subject to .1 proMCutlon, This document WiI' eJectronially produced with penniSlion of the AlA and can be reproduced In
Iccord.hCe with your li~ense without violarlon until the date of expiration a. noted Mlow. expir.tion" noted ~w, ~lI;piriltlol'1 ~. octed below.
expir.tion as noted below. npirllfian.. noted below. expiration iI' noted below. ,"ratlon 81 noted below. expir,tion as noted blltow. expir.tion
as not4Jd below. expiration II AOted below. expiration as noted below. User Documlf'lr. 2OO201lOO500.AIA - 412812004. AlA License Number
114807), whir.h expires on 615/2004.
Ul!Ctronic Formal A lOllCMI.1992
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4.3 Unit ~rice.. if .ny, a~ IS followl:
None.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Application. for Payment submiued by tbe Contrador to the Constru.1ion Manager, and upon Project
Application. and Certificates for rayment i.....rl by the Con,tnlction Manager and Archit"'t, the Owner .hall make progress paymen..
on llJ:count of the Contract Sum to the Contractor a, provided below and elsewhert in the Contract Doc:uments.
5.2 The period covered by each Application for Paym<nlsball be one caJ.ndar month ending on the 15th lookIay of the month. "'"
al fslJe'LiS:
5.3 Provided an Apl>liution for Payment is submitted to tbe Construction Manager not later than the agreed -ujlon day of a
monlh. the Owner cha1l make payment to lhe Conlrllctor notlattr thlll the 201l\ _ day of the fOl1oWint. month. If an Application for
Payment is received by the Construction Mmlger after the app!kation date rlUd lbove. payment shall made by the Owner nollater
than 75 day. after the Construction Manager reuIv.. the Application for raym<nL
5.4 Each Application for Payment shall be based upon the Schedule of Values submilted by the Contractor in accordance with the
Contracl Doctmlents. The Schedule of VlIutS sballallocate- the entire Contract Sum among the vario~ portion. of the Work and be
pJqlllOd in .uch form and supporled by luch data to .ubotanllale its accuracy II tbe Coosuuaion Manog.. or Architect may roquire_
This scbedule, unless objected to by the Constnu:liOll Mao""r Of Architect. shlIJ be used IS a basJs for reviewing the Contractor'.
Applications for PaymenL
5.S Applications for I'arment shall indicate the poruntage of completion of each portion of the Worle a. of the end of the period
covered by tbe Application for l'arment.
5.6 Subjl!<1 to the provisions of the Contract Documcnl..the amount of each progress payment ,ball be computed as follows:
5.6.1 Take tb&1 portion of the CODlract SUID properly allocable 10 completed Work as determined by multiplying the pclcentage
completion of each portion of the Wor!< by the share oflbe toW Conlnlct Sum allocated to that porIioII ot the Work in the Schedule of
volu.., I... re!aina.. oflfiil percent ( 10 %). Pendin& IInaJ determination of coot 10 the Dwnerof changes in the Work, amount> not in
dispute may be included.. provided in Subpara8l'aph 7-307 of the Generll Conditions;
5.6.2 Add that portion of the Contract Sum properly allocable to malerills and equipment delivered and suitably slored at the oit< for
.ubseq~nl irlcorpc>flIlion in the completed cOllltruction (or, if approved in advance by the Owner. suitably stored off the sile at a
location agreed upon in writing). I... retainage oftert. percent (10 ");
5.6.3 Subtract the...,..ak ofprmous payments made by the Owner. and
5.6.4 SubU1H:t l1\1ounta. if any. for which the ConstrUction Manager ar Archi..ct .... wilhheld or nullified a CertifJale for Payment
as provided in Paragraph 9-5 of the Generll COIl.ditiOll&.
5.7 The prosress payment amnunt dtttrmined In accordance with pangrapb 5.6 shall be further modified under the following
circumstances:
5.7.1 Add. upon Substantial Complellon of the Work. ..um suiTIcient to meN'" the lotal payments to mnely'-five percent ( ~ %)
of the Contract Sum. leos such amounts as the Construction Manager rocommench and tbe Alchitocl detennin.. for incomplete Work
and unsettled claims; and
5.7.2 Add. if final completion of the Work is thereafter materially delay<<! through otJ faull of the Contractor, any additional
amounts payable in accordance with Subparagraph ,.10.3 of the Ceneral Conditioll'.
o I~~~. IHt. AIVlt.t\I\.AN IN:tlllurt: OF A.RCHIH.C1~. If.j~ NEW YORK AVE;NUE; N.W., WAYilNG10N D.C. llAXXl;-5U2, AlA DOCUMt.NI AIUII\.I'fI..
OW1'IER.cONTftACTOR AGREEMENT. CONSTRUCTION MANAGER.ADVISER EDITION - AlA. - WARNING: Unlicen,..d photocopVi". viola'., U.S.
copyrisht law5 and is $ubject to leg.al prosecution. This document w.s elec:tronicillIy produc.d with permission of fhe AlA and can M reproduced in
ilccordanc:e wIth your lieeMe without violation untilrhe date of expir,arion as noted below. e>xpir.Uon ., "o,.d b.low. expiration ill noted below.
expiration as nO'l'ed bt-Iow. expiratiOl1 ils, noted below. expirAtion ill not.d below. expir.til:rn.u noted be-Jow. expiration as notMl Mlow. @xpiration
ill not.d below. eilpirltlon as not.d below. e.pifarlon a. noted Mlow. User Document: 2OO201300S00.AIA - -412111004. AlA Lkense Nl"lmber
1148073:, which ."pires on 6/512004.
Electronic Format AlO1ICMa-1992
3
5.8 Roduclion or limitation of ..!.ainBII" il aft)" ,holl h. II feIIa ""
(.'fil MiIIl.lll....JI"'r N SIl.A.~iMl(...[lJUfl'Jliaflll~lh IJ'lfitto "~'~..I _WI" 'hft.~ rMrrWlJII' ,.,Jun, li'ons tMprtt.nJu,a inHntd inSl.dplasraph:Js.6.JuuI
5.~ ',bov~,and !hit is no'apWUfd dJe~hl:rr in till! Contract Doctrmnm.1nsrrt h~provjlions mr IUch ,.duaion or UmifjUOD.)
Shan be in aCClllll with DocUmI'!rt Q07oo, Artlcle .9,88 modified by Document 00800. Article 9, Subparagl'ilphsll.3.6 and
9.3.7
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ARTICLE 6
FINAL PAYMENT
Final paymenl. constituting the .nllre unpaid balanee of the Contract Sum, .baIl be made by the Owner to \he Conl1a<:tor when (I) lhe
Contract has been fully performed by the Contnclor e.eepl. Cor tbt Contract",', rtlpOosibitity to COTTtct nonconforming Work ..
provided in Subpansraph n.2.2 of the General Conditions and to sau.l'y other rcqllirom.nts, if any. whi<h neaosarily 5llMve final
payment; and (2) a final Project CertiJi<.te lor Paymtnt h.. been iosued by !.be Conotruction Manager and Archllect; such &n,l paym.nl
shall be made by the Owner not mort than 45 .~a)'5 after the issuance of the 6nal Project Certificate for Poymenl, or as lollows:
In "!lCOl"d wilh D0C4lT1l!nt00700,ArtlcIe 9, 1l.IlJPC!~d byDocumentop8011~~!l..S\!bparag~lI:ll;3.8and9.3.9.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where ref....nce .is made in 11m Agreem.ntto a provision of the Genoral Condition, or another Contract Documenl, the
relerenct refers 10 tho1 provision as amended or supplemented by oth.r provisions of 1M Contract Documents.
7.2 Payments due and unpaid under lilt Contract ohall bear intereol from the date payment is due at the rate .t.ted below, or in the
,boence thereof, at the legal rat. prevailing from time to time at the place whm the Project is located.
(1Asnt"lI:ofi~qrm!/JpctII.,i~MJr.),,_, " ,'" ...., "
~Qlinterest shill ~ inaccotdWllhDcx:UmeIlU)0800,Arlk:I811.lMlPatlllilhlphlt3-10:
(u.u". JI"" and 1rquitrmmts WKI" fM FtdcaJ:rn..tl.lI ill Uadina Aa. GmiJlr,,.tr and IaaI awumuardit la~""d 0fbB ~UODl' at ,Iw Owuet'. ~ CcnITXf<<'.J
plillcipol p/oa> of""'""", /h. loa.... ofIM Prof<<! ad dr."/",,, ml)"/fod 1M ,oIidIIY of IhII pIOYiai"".l<pIadvialhould ". obWn<d wilb ,.,prcllo d<l<Uon,
(lJ'modi/i...tion&. MId Ibo~ mquirmJGlCl mch.. wriUm dia:lMum MwWWWI'A)
7.3 Temporary faclllties and ..rvi.e"
(Httr inm1lrnJponry OOlitio and KrVi~ which.. ditTrtml (ram or in additioa fa t6D5C' ;ncludflCl f.htwlH:rr in 1M CoQtrJa Documttnu.)
In ilCCQ!'i!wlI!ISedion015OQ:
7.4 Other Provisiooo:
(Hm 1iIf. my &pm.J pmviIiOM.fT<<1iD(r 1M Contm:t.)
None.
ARTICLE B
TEkMINATION OR SUSPENSION
8.1 The Contract may be terminaled by the Owner or the Contractor as provided in Arlicll: Ll of the General Conditions.
8.2 The Work may be suspended by the OwtIer as provided in ArtkI. 14 of the General CoDdltlons.
ARTICLE'
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Conmel Document., except for ModifICations issued aller execution of this Apement, are enumerated as follows:
N \t
9.1.1 The Agreement is this ex""uled standard Form of Agreement Between Owner and Contractor, AlA Document A1oI/CM" 1!/92
Con5lrllClion Mooager-Adviser Edition.
9.1.2 The General Conditions are the;f General Condition. of the ConUa<;t for ConSll1lCtion~' AlA Documetll A.>oliCMa. 1!/92
Construction Manager-Adviser E<lition.
f.l I~l. n" AMtftllAN INSTITUTE Of ^KU1"tt..l~, 17l~ ruw YOKK. AVtNU~ ~.W.. WA>>tINiUiION D.C. 20006-5292. AlA DOCUMENT A101JlMa"
OWNER-CONTRACTOII AGREEMENT' CONSTRUCTION MANAGER-AOV.nR EDITION . AIA~ - WARNINCi: Unllc.n..d photoropyina viol.'., U.S.
copyright laws and is jubj~t to lesal prosecution. Thil documenr was. etecrronicllJy/roduced wlth permlnlon of the AlA and c;.iiln be reproducMi in
accordance with your license without violation until the data of expiration IS note below. expirltion as neNd b.low. expiraTion IS noted below.
I:xplr~tion as noted below, expiration as notMi below. expiration ail noted below. expiration Iii noted below. expiration... noted below, expiratiDn
illS noTed below. expirilUon as noted below. 8xplr,ltlon as not.d below. UJer Document: 2002013COSOO.AIA - ~812004. AlA l.icenR Number
1148073, which .xpl"'$ on 61512004.
Electronic Fonnat A lOllCMaa 1"'
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9.1.3 Tho Supplementary and othrr Conditions of the Contract a,..th_ containtd ill tbc Pro;ecl Manual dated 3/18120Q4, ond art
.. follows:
Document
Title
Pages
The Supplementary and Clther Col1altionaof the c:onlractare enumerated In the Project Manllal;'DOcumen\ 00003, Table
of Conltmtsot Project Mllnual, under the heading "[)ocutnenls and Contracts"; Page 00003,1: .and include. modificaliClns
conlllin!!dl" the Addenda \I$\ed"nder SUbparagT:<IPh9,1.5 of !hi, Agreement
9,1.4 Tbe SptcificatiollS .retbo.. contained in the Project Manu.l dated 31.1812llq4,.lS in Subparagrapb 9.L3. and art al follows:
(EithCf" /;.t th~ Sped6atf.imt.$MN<Jl' rMr ~o ~ ubiNl.tlDdKd fa flu'; AglftlDfn&')
Section Title Paps
The Spej:fficllti.c:ms .~ enumer~in .tltll Pl'lljQct 'ManIl8\, Qocumen\OOOO3, T811.leofCo11'erit8of Pro]eClManual, 'under
lheheiodin9' -DivisiOn&1, 2, .3; 4,JI; .1l,1 ;i3;.9,1 O.1~ ;12;13;15, IiAd 1e~; ~ 00003-'21\"t!:l)uQlt 00003,6;aoo lrn;:lUde
modillcatlonscpnlllinedin ii1eAddei)q8IistedllnderSAbj:liirq..,lt 9;1,$ aI'~~l
9.1.5 The Drawings art as follows, and art dated _us a diffeNBt date i. .hIF.JIII helM."
(Eil"" IhIrh< IJrowI"II' _ or nr.,.,o.. _hi. .UM:Ilod 10 111I. Ill..........)
Number Title Pages
The Drawinlls are enurneralllCl intnel'ro]ect MIIr1UIlI;. [)ij(;umiint 000!l4, lJst: oftlraWing.;tilllieli,al1l;l ~hed~;Pll!les
00004-, 1111" gh O~:,.n(l inelu~~:mildlfl~~~i!ltllll.~C!eildlisl!Jd VI).c:t.,r~bpllillglllPh :l!.1.!l.ofllliJ" .
AlIi! .
9.1.tlddond., if any, ... as follows:
Number
Date
Pages
~^''Cr:
UJ'I:Im'!Ntea ill.
''eid..tin& lI~viI'lB...tI_ )\81 pall eft:ht C'R1nBl98MJIR.ay vn'eul the b'ifidiRg N....JIltHI:8'.IR...
9.1.7 Other document>, " dJI}", fOIIQiPg pan of the Contract DocumtnIJ... as follows:
(lb! 11m Illy MJdifloryJ documcnll whit:b,~ in~ to form ~ ofm. C:oncra:t Drxtuamt.. TM CmnaJ ~ pro'lfi,J, tbM biddi1W lC'Qllftmcats such..
adverlisfmenl Of iQvi,.,ion to bid. In4lU'UafOD' to BJddm. 11Im,*-- fornu ~d 1M Canu.:tar', Hd '-/lDf put or 1M Conf1a(:t DocummU unlHs fftumu-rm in tIW
~... ThrrilHJuld ~ '.-&fed hm'oolyilJnlcodft}10 N:IW' oIlIcC:tJl!lrIr:t Docul!lfJll$.)
Other documents lorm"'9..partal'1hQ'~.~'are.iIlenaf*fintM.fItCIjtict.Ma~..,~inerrtQQ8QQ,..f'llge.
llOIlllll-3j~rlJph 1.1::1,
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Cl199l. THE AMUIICAN IfelllUTE OF Af\CHIIH.'~. 1135 Ni;W YOftK AVI:.NU[ N,W., WAStiIN(,iION D.C lOOOl!i.,Z9;l. AlA Uut;.UMENT p..101ICMa.
OWNER.CONTRACTOR AGREEMENT. CONSTRUCTION MANAGER.AOVISER EOITION . AlA" . WARNING. Unlicen,..j photocopying violato. U.S.
copyright laws and is ,vb,;.:' to le8al prosecution. This document Will elec:rronkally produced with permission of th. A.A and can be reprodu~ed in
.etCcortbntt wirh your license without Yicllltion until the dat. of explrlficn as noted below. expiratkJn ali noted b@lcw. expiration iI' ncred below.
ex.piratlon a. no'htd billow. .xpir.tion iI' noted below. ex:pir.tion '" not.d below. elitpiratlon .., f'JOt.-d MIow. el(pir~tion as nDttd below. eJIpir.tion
as noted below. expiration.. f'Klt.d below. expiratiol'l as noted below, User OoC:umen~ 2OO201300500,AIA .. 4/1812004. AlA lic.tme Number
114&073. whkh e.pir.. on 61512004.
E&ectronk FDrm., AlO11CMa.yg9.l
S
Thi. Agroement i. enter..! inlo ... of the day and year first wrluen above and is extcuted in al ~asl four orisi".l copies of which one is 10 I
be delivered 10 the Contractor. one elCh to the COhltruction Manager and Archiltcl for use in the administration of the Contract, and
the remainder 10 the OWner.
OWNER
I
CONTRACTOR
(SI,lWt"T.)
I
(,liiflNhlh)
(Prilll.,...,..,.,",,';".)
I
(l'riIf'.lf4lft1:tIIIIltlllt)
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01991.. IMl AMERICAN INSTITUlt Uf' AMt..HIU.CIS. 113" NEW YORK. AVt.NU~ N.W., WA5HINf.jTON D.t... l\MJU.~l'!JL. AlA DOCUMENT AIOIlt.rCl..
OWNER-CONTRACTOR AGUEMEIIT . CONstRUCTION MANAGER.ADVISER EClITION . AlA"'. WARNING, Unlluh....J pholocopyin8 violal.. U.5.
copyright laws and i. subject to 1~.1 proHCUtion. This document was elecrronically produced with perminlon of the AlA and can bv reproduced in
ac~otdal"lt;e with your Jian.. without 1tIw",ion until the da,. of upl~atkJn . noted betow. expiration a. not.d below. expiration as notMt bf!low.
eJt.piration IS not.d below. expirlTion IS noTed below. elClJiriltion at noted below. expiration i' noted below. expJraTM ,as noted billow. expirition
as noted below, expiration as noted below. e)ljpiratlon as noted bIolow. User Document: 20020BOOSOO,AIA _ 412812004. AlA lic.". NLJmb.,
1148013, whieh .xpi..... on 61511004.
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Electronic Format Al01JCM..-l992
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3/1812004
Commonwealth of
County of
state that I am
DOCUMENT 00640
ROOF MANUFACTURER AFFIDAVIT
of
(T1lI8iPo8ition)
and that I am authorized to provide this
(Nam.. of Compeny)
affidavit 01'1 behalf of
(Name of Complny)
and that I am the person
responsible for my Company's agreement 10 accept the Architect/Engineers detailing and conditions
as a part of the Contfllc::t Documents for
(Project Name)
f agree that my company
preceding requirement and provide the specified Roof System for
(Name of Publlo Entlly)
(Name and TllIeIPo.llIon In Co/npMy)
SIGNATURES:
SWORN TO AND SUBSCRIBED BEFORE ME THIS
Notary Publio
will accept the
DAVOF
.2004
Ccmmission Expires
END OF DOCUMENT
<02004 by Foreman ArchiteCt. Engineers
00640-1
2002013
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AlA Document A2011C-'Ma - JiJectronic 1'cJJllJat
General Conditions of the Contract
for Construction
Where the Construction Manager is NOT II Constructor
1992 Construction Manager-Adviser Edition
THIS rxlGUMENT HAS IMI'O~TANT LEGAL CONSEQ\lUlCES; CONSULTATIUN WITH AN ATTORNEY IS ENCOI.IJlAGED WITH l\ESI'ECT TO ITS
MOD1FlCATlO/l. AUTIItNl1CATION Of TillS ELl~RONlCAllY DIlAf'l'ED AJA DOCUMENT MAY BE MADE BY \15IN(; AlA IXlCUMENT 0....
(:Opyrllhll~ 1~, C $ by The- American IMit\ik Qf Architccll. ~7~ New York AvchUC' N.W.. WlIIlriDalorr, D.C. 100060.S29llo RcprodUQ.lon Dr tkr matm.' ~rin or
subitantial q\lOtalion of ita provuion. without writtm ~ of tht' AIA rivJ;;l!U the ~pyriJht ]a_ of the l.W1ed StalB and will lubjrc\ thr violator lD kpl
llrtlHlClllitlft
Table of Articles
1.
2.
3.
4.
5.
6.
GENERAl PROVISIONS
OWNER
CONTRACI'OR
ADMINISl'RA TION OF TIlE CONTRACT
SUBCONTRACTORS
CONSTRUCTION BY OWNER OR BY OTHER
CONTRACTORS
CHANGES IN THE WOR)(
8.
9.
10.
11.
12.
13.
14.
TIME
PAYMENTS AND COMPJ..ET10N
PROTECTION OF PERSONS AND PROPERlY
INSURANCE AND BONDS
UNCOVERING AND CORRECTION OF WORK
MISCELlANEOUS PROVISIONS
TERMINATION OR SUSPENSION OF THE
CONTRACT
7.
Acc.ptlnc. of Non_form(ng Work 9-6.6, ,."j. 12.3
Acapl.oa 01 Work 9.6.6, 9.1l.2, "'.30 ,.10.1, ,.10.3
Ace... to work 3. I&. f.2.I, 1.l..I
Accident l"hweution 4.6.6, 10
A<U and Om;";.",. j.J.l. j.2.2. 303o'').U.I. >1&. 'ioU.
4-6.~ +7.,. 1.),),1 )(Ll.... 1O.:L5.13-4.1. 13-1.14.1.
Addeoda 1.1-113J,J
Additional Cost>. Claims for 407-6,4.7.7.4-7." 6.L1. 10-3
Additional WpcctionslDd lmin& .......0, ,.Il.2,12.2.1, 1M
AddiTional Ti.... Claims for 4.7." 4.7.'. 407." '-3-20 10.,
ADMINISTRATION Of THE CONTRACT 3-3-30 4.,.... 9.$
AdvcrtiHme:ol or Invitation to Bid I.Ll
Aoilbotk Effect 4-6.:10.4.9.1
Allowa..... 3.a
AlI-rW:. Imuran", U.3J.l
Application. fOl 'armant /f.'.,.7.3.7.~2, 9.3. U y..~1,
"'.3, ,.1.30 SJ-lO.I, ,.10.3. 9.l0.4llLl.lt 141.4
Approvals "4, 3.>30 3-5, 3-""30 :J.J2.4 throup j......
>18.3) 4-6.11, ,.].1, D.l-L40 13-4.%, 13.5
Arbitration 40'.407-,\,4.9.
1.3.ltlo.U,JJ..3.9,U.j.1O
ArchiTect 4.1
Archil"'. and C,rtific:aIt of Payment ,,'.,
Arcblte<:t. Oefinltloo of 4.1.'
Archil<<\, E.xunl 01 Aulbority '.4.1. 3-12.'. 4.6.6. 4.7.2.
5.2. 6.3, 7.1.2.7.2.1,7-4,9-2, ,.,.It 9"'" ,"S. ,.6.3, ,.1.:1,
!ii'S'" ,.10.1. 9.ao.,?n 11.1. r1.2.1.1).'$... u.5..2,I4.a.J:1 14-2.4
Af,hite<:t,l.imil>t1on' of Mthority and Respomibility 3->3,
INDEX
).n.I. ,.u.u. 4.6,50 ....6.6. +6.10. ....6.~
4.GJ71 4-6.19, 4-6.20. 4.7.2. ,.u. 7.... ,.6...
Architect', AdAIltlotW s.mcalDd Expen... ....,,....
IL;,.Lla U.J..lt 12.a.4t Ij.J.2, I3-J.3, LCo2.4
ArdLilt(t', Mrnlni.lnlIon
oftlw CorrtrKt
AIdlitect', Approvals
"'''4-7.'' +7.7./f.8.9o-to,.,
1.4.1,3-501.).10.3-
;\.12.6, 3.11-Ar ).l8.3t 4-6.u
3-5.1....6.10,12,1.1.l1.2.1
L3
4-6.IO. 4.'.12. ........1.6.1"
4.6.20. 4-7'"'-, 4-7.61 4-8.1, ..I........,. 6.,. 8.1.,.
l.3-l, ,.2. ~ ,.:;.1. ,....1, ~MJ.J, 10.l.:;!, .3-5.1.l402-2, ....2.4
Archi.tecl', Inspections ...6"1 .....6.1l'~,4-",6, ,..,.1,
9.8.2. 9.~ .9.lo..l.1;1.'J
4-6.10, .....6.l2, 7.4.1. ,.+30 12..1.13.,..1
4.6.8, 4.6.1'. 4.7.7
+6"1"'6..9.4-7.6-
9..q..3>,.",,"IlJ..1,I,J.,
Architect', Project Rcprrsontati.. 1.6.17
Ar<hite<:t', RolatiODObip with Cootro<IOI 1-1.'. j.:U. ).2.', 3-3-5.
3oS.1, 307.). 3.11. 3-12.8. >a.ull-l~ ).ll1. 4.6.614-6"14-6.10.
4-6.n. ...'.1" '.2. 6.2.:t, 7.,"", '9.8.~ 10.1.1,10.1-4.. IO,I.S~
1\.3-7,12.1,13-5
ArchiIc<l"llel.li<>noltip with ConOllUaJon Monag" J.J...:l.4.4
3oU.6, loU.a, 4.6.8, 4-&.ID, ...6.l.... 4-6.16. 4.6.11, 6.).1,
9-7.1, ,.8. ,.,.1.'..9-1)9.10.), 9.)0-'-, 9.ID.3. 12.l...4. 13-5.1.
J3.~.:J..I3-5-4f 14.:24
1.1..1,4.6.6,4-6.",
Ar<hilOCl '. Anlhorily 10 Reject Work
Architect'. Copyright
Ar<.hlta<l'. Dc<isious
Archiled. '5 IIlIlrudiOlll
AKhi...t', Inlerprel.tions
ArdliUct'. On-SilO O......UOIlll
A:rchit~l'li RcllluQmhip with SUbeontnct.OB
o 1992 THt; AMt.RICAN" fN5T1TUn; Of MCHnl.CI~, 1/35 Nt.W YOM AVt.NUt., N,W.. W~HINGrOI\l. D.C.. :l:\,IUUII""!U~l. AlA UOl.UM~N' ^lU1K.Ma
. GlNlRAl CONDITIONS OF THl CONTRAcr FOR CON5TRUCTlON . CON5TRUCTION MAIlAGlR-ADVI5tR EDITION. 1!IIl EDITION - 1\11\. .
WARNING; Unlicensed photocopyina vioJatls U.S. copyriahf laws ..,d will subjKf the violator to I~I proHCution. This documenf wal
eh!dronit:aUy prod~.d witt. p4armilSlon of the AlA and can be reproduwd in accordance with your lie.n. withocl. vioJation until the INt, 01
expiration 15 no.ed below. User OOC::ument~ 2002019a201t:ma.doc -. 412~_ AlA L,iarnH Number H4807i. which expire. on 61512004.
ElectroniC' Format A20lftMr 1992
1
~ I~.l THE AM~R'c.AN IN5HTtJT[ Of AKC.Hlftl.l!I, 1735 NEW YUKI( AVtNUE, N.W., WA5HIJV<iTON, D.C.. .lULUll-S2!iJl. A.A W(.UMlNI A20JlCM.
. GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MAN...GER....DIIISER EDITION. 1992 EDITION _ ...lAe .
WARNING: I)nllanm photo<opyina violat.. 1).5. copyriaht low. oMl will ,ubjlCl tho vlolotor to IelJII pro""ution. Thl, docu",.nt 100.
.lectrgn~.lly produ~ with permlssioA of ,h. AlA and can b. r.prod\ICed in ac,:oflance with your lie...... without violatlan until the date of
expirlrion 011$ no1tif below. User Dotument: 2OO20Ba201c:ml.doc - 412812004. AlA Licl!n$8 ~umber 1148073. which ..pires on GlS/2004.
Electronic I"orm.f A20lIt'M.1992
2
Archilecl', Ro:pr...nliltion,
Architect's Site Vi5its
4.6.10. HI, 9.6.3.9.6.", U.3.7
9-4-31 '.J.h ,.10.1
...6." +'.,9. ~6.l6'4.,.6, 943,
,.,.J. !j.a.a, 9.9..a"..lo..I., .1.3.,
1()..L!t lo..L~lO.1.4
.\....1, .9.10.2. 10.1'"
6...1
Ashest",
AlIOI'Jle)'5t Fees
Aw;ud of Separate ('..tIntnds
Award of Subcontracts and Other Contracrs for
Porrion, of rhe Work 5.1
Boslc Definitions 1.1
Bidd.iug Rtquirlments 1.U, 1.1.7. 5.1.1, UO+l
Boiler Ind Machinery Insurance 11.3.2
l\unds. Lien ,.10.2
Bond.. Perform,_ and Payment 7.3-6-4, ,.IO.),II,3-9.1l.4
BuUding Pmnit 2.2.J, 3-7.'
capitalization 1.4
C<l1WC.a1e of Suhol<lnlW Completion 9-A.%
C.nlfiClte. for P.yment 4.6.8.4.6.,. '.,I.,l. '.4. '.;. ,.6.1,
9.6.6. ,.7.1.,.1.). ,.10.... ,.10.), I>', l.4.Ll..~. ....2..4
C.<nWc.a\ls orIllIp<Clion. Testing or App...... 3....u. >3-54
Ccrtificatel of l"III.U'aIKe '.3-2, '.1(U, ~1.1.)
Ch.nge Orders '.1.1. .....,. 30....... 3oU.1, ,,",.~ 01-7.),
,.2.3.7.1,7.2, ,.,.2. a."I".3.LJ, "1G.].1L,3.L2.
1I.M. n.~9t u.J.2-
7.~L
1.1
3oU....6.1304-6.\4. 7,
8.:J.I. ~3.LI, 16.1.3
4-7.'
4.7, 4-8, 4-~ 6.2..5. 8.3-2.
'-3-L2. 9-3-3, 9.JO~ 10.1.4
C1lims .nd Timely A,serrlon of Clelms 4.'.6
C1lims for Additlonll COIr 107.6.4.7.7.4-7.,9, 6.\.1, 10.3
Clllms for Addition.1 Time 4.'." 4-7,6, 4.7.8, 10M. 8.3-2
Cllims for Conc..1ed or Unknown CondiTions 4.7.'
Claims for o.m... ;3.18.4-7.', 6.1.1. 6.2..5.
1.).2. ,..5-J..2. 10.).4
Claim. Subjecl to hrbilration 4-7.2. 4-B4. 4-6~
C/Nn;"I Up 3. IS, ..,
comment....enr of Statutory lImlt.'lon "-riocl 13.7
conun.....m<nloftM Wodc, Cooditi"",Il.laUn8 to >'12 ,,2.>,
3-.2.4~. 3-7.1., 3.10.1 3-1115.4.7.'. '.2.1,
'~2. 8.l.2.I.2.2., '.11 lL1.3, lL3-6. n.401
Comm.noomont of lb. Wor!<. DcJiDition of 8.L2
Coml't1unkatiOlll. OwlIer to Armited. .1.2..'
Commonl<atlona, Owner 10 Ccnstruction M..._ >.>.6
Communications Facilitating Contract.
AdmlnJ.tralion :l-~14.6.7,."u
Complet;OII, ConditlOlll Rmling 10 .Lll. 3-';. 4.6.;.
"6.16. "'7.2. .9-4-2, ,.&, '."1, !:MO. D.,.,. u.2.2, 13.7J
COMPLETION. PAYMENTS AND !I
Complelion, Sublla~rlal 4,6.,6. "7.;.'. &'1.1,
I.L), &.2.", '.B. ,.,.1, .......1).7
1.3,3.6. ),7. ,.13. 4.U.1O.2-2.~
U.l.n.). 1$.1~ 1).,.1. \3.:5-2,1"" 14J..1,14-~.)
C(lJKcaled or Utl.Knc:nvn Condiooru. 4.7.6
C<mditiow of W Contract 1.).1, ).1.7. 6.Ll
Consent, Written L3-1. 3-12.~ 3-1"'2. 4.7.4-
....,." 9.).2.. 9.&.1. 9,9.1.!J.I0.z, 9.10.3,
10.11, 10.1.11 U.3J, ll.3-L4a D.loD. 1302, J342
CONSTRUCTION BY OWNER OR BY OTHER
CONTRACTORS 1.'-4.'
eon'lru<lioD eh..... IJirec:liY<. D.finition of '.3.1
Conslrl)ctlon Cnlnee Directives 1.1.,.4-6.13.7.1.7.3.9.3.1.1
CbanR. Orders, Definltion of
Cnlnees
CHANGES IN THE WORK
Claim. Definition of
Claims .nd Dilputu
Compliance with LaW$
Construction Mlnager 4.2
ComtructiOD Manager. and IInilrlinIl'ennilJ 2.2.3
CoD.lnI<tlon Monas"', CWn.. ..ain.. 4-7.1
Con~tn.r.ction Manager. ('AmnlLlnicauons through 4.6.,
C'....1D1ctlOll Man..... and Cunstrudion Schedule 30'0.1.3-10,1
Construction Milnagrr. Definition of 4,2.1
Constructil')n Managtt. and Documenu and Samples at th~ Sile 3-11.1
COIlllJU<lion Mm'8er. bttIlI of lIulho.rity 3012.6. 3ol2.8. 4-3.
4.6.314-6.U, 7.1.1, 7.2.1. 7..J.1. 8.,3.1. !l/.;t.J. 9-~J, ,.4-1.
,.4--" 9.1.;a, 9.&lo '.9,1.11.1. 12.1-1,11.1.4. .....2.2, 14-1.4
C....lcU<tloD Mamce. l.imil,lions of Authority
aDd RaponlibihlY ,\.606. 4-6.10. 1~'
Comtructlon MlDIger, and Submit~ 3-10.)
Constru1.1ion MlIII8er', AdditiUlllli Savias
ond Expo__
ConotIuctlon Mana....', AdminUlroUon of ill. Contract
Construction 101........ Appronl
CoIlItruction Manager'. Aulhority 10 1Il>jec1 Werle
eolUtIuctillll Mon..",,'. Docision>
l2.2..1,11.1.~
4-6.9-4.905
.1."1,3010.3
...6.IO,l2.2.~
7.).10.7.).,.7.3.8.
""1,'.4.1,'.501
Constructi.Ob Manager'. Imp<<tloft$ ....6..10, '43, 9.ll.2, ~.',2,l2.1.1
ConstrU<ti01l MUII8tr" (In-Sil. Obo....tlo... 9-5.1
C....truction MIIII8""" Relationship with An:hitcd 1.1.2.
4.6.1. +6.1D. ..6.1\, 4.6.14. 406.1'. <4.6.18, 6..).1.
,,2..1.,...... ,..,.,. 9.51, 9...... 9-6.), 9.1.:>. ,...30 ""'. JI.,o.l.
'.10.2, ~Q.], Uo1.3, 12.1"", 13.501.13-5.1, 13.5.....1,4.2.2, 1.4-4
CoIIstludion Manas..... RdllliOllsbip with Controelor ""1. 3.2.1
H~ ),).), 305.1, 307-3. 3-10.1. 3.10.1.3.10.), 3.11.1. 3-12.5.
).12.6, )....8. 3.12." :l-12.1O. ~.l1I1, ].1).2, ).14.2. ).1j.1.
).16.J.,,3.17 J, 3.\8.1. ),18.)0, 1-6.J, 4-""" 4.6,6, ",6.11, 5..2. tl.2..J,
6..1.:1.,7.1.1,7.1.1, 7.3.041. ].}.6, 1.},', a..~1. ~1.9.J.l, 941.
:904J.. '-+50 '.7.', ,.~ "9.1, ,.JO,.~ ,.10..1. .9.20..1, .lo.J..1.
1G.1.2,IO,J.5, 10.zA u.,.]. n.l.13.5.1, 1),5.2.1.,'\.,.).1.).5.4
eo...U"uctim MUII8tr'. R.1oliowbip with Owner 1.1.3. 4-6...
4.6.1,10,1.6
COnslrllctiOll MaMaer', Rclati<>lllbip with Diller
Contnaon and Owner', Own l'orao
ConsIrnctlon Monaser', ReIotioJuhip with
S.b<cmlndon
ConotIuctioD MlIII8er'. Rep........tio..
C<msIrw:tlcIIl Manaacr', 5ll. VisilJ
COJUtnl<I.iob S<hodw... ConI1'l<lOr',
Contin.nr A..tlllmenr of Subconrrocts
Conr1nul"l ContrlCl Pe!form.nce
ConlrO<t, OofuUtion of
CONTRACT, n:RMINATION OR
SUSPt:NSION OF THE '\.].7. HI.I. 14
Contro<l AdminlstrauOIl 3-3.3.... ,..,. 9-S
eoo_ Awud ond Exec:ution. Conditiona I\elati"lllo 3.7.. ).10.
~..,.2, 11.L3, u.).6. n......l
1.1,1.1,7
1.3. 2.a.s" S.}
1.1.1
4-7-4,4.9-3
].B. 4.7.6, 4-7.7. 10'....
5.1.). 7.2.7.3. ,.1. '.7, 11.3.1, u.:L4.12..$. l.P'"
C<lII1ra<t SUlD. Oollllilion or ,..1
Contract Time 4-7.&,4.].8.1.4-&'4.
7.1.'.3,7.~ 8.2..1. 8.).1, 9.7, l2..1.1
Con1r.lCl .n.... Definition 01 6..'
CONTRACTOR 3
CoDlnctor. DtfioitfoD ~~r 3oU,6.J.1
Contrac\or's Bid ).1.1
Conlrlctor"s COnsrrUClfon 5chedules 3.10
COIlU"..:!"'" Employees H1, ,...... 3oB.1,
J..;t. J.l&. 4-A.&, 4-6.10, H.l.J.l<J.2, 10.~ 11.1.1. 14-1.1.1
4.6.w. ;..~~ JI"''' ,.....
,....).,.;..
,......9.1.1
3010...6.),+....
5.4
4.7.4
ConrrllCt DocumenTS, Tne
C;011l1'wd Ilo<umonta. copi<o Fumiobad and Use of
CoDtnd. Documents, Definition of
CunU"oct PorfOl1llU1A ~ Arbitration
ConU"octSum
I
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4.6.)
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I:) 1992 lHl AMtRICAN IN51IlUlt. O~ Mt.t111 t.f. IS. 1735 NfWYORK AVf~l,)f, N.W., WASHJHtHO.N, D.C., .lWUb.~l~l. AlA DOCUMENT A201/CM.a
_ GENERAL CONOITIONS OF THE CONTRACT mR CONSTRUCTION . CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION . AlAI! -
WARNING: Unlicen..d photocopying violate. U.S. copyriBhl I.w, and will ,ubject the viol..." to 1.' pro,ocution. Thi, document wa,
electronically produced with permission of the AlA .nd can bo ",produced in accord_ wlrh your lIanse withouT vla!.tI"" un..' m. .-,. of
expiration .1 noted below. User Document: 2002013a20kma.doc - 412812004. AlA Lk:lnse Number 1148073. which expires on &l!l2004.
EHKtronic Fonn~t A201ICMiI-1992
]
I
Contr.ctor', Li.bility InJur.nce 11.1.n.'\.1.5
Conl..clo.-" Relationship wilh Olhcr Contra_
aDd Owner', Own Fore" 3.U.5, '\....p, 4.6.), 4.'-7, "'>'5
Conlrwor', Relationship with Subconlraclo.. T'''i, 3-,1.2. .~18....
3.18.21 ~.l. 5.), 5-4) 9.6..2, U.307. U.~.I.14-2.L2
Con\nctor', Relationship with tbe Ald2ile<l "'l.2. .,""", 3-2-'.
3.3-3. 3-5.1., 3-7.30 3-10.1, ).1Q." 3-11.1, 3-12.6.3-12.1\.
.3ol2-9~ 3.16.1, ).18. 406.6, 4.6.7. 4.6.l0. 4.6.11. 4.6.1'1 ~.a.,
6.1..i, 7.),4, 9-a. 9.)..1. ,.1.2. ,.1O.~lo.l.2,1U.L',
10.2.6,11.].7.12,1. 13-5
Contractor', Relationship willt the Construction Man,,&~ 1.1.',
3.:1.1. >a.~~3,', 3-3.3,3-5.1, 3-7.3. 3.7.... ]JQ.,. 3.10.2,
3.ro.3t 3-11.1. J,1a.51 j.U.6. ,).12.8, .}.12.:9. j.J.2.Ll.
~.1j.2. 3.1+2. lol'.}, ).16.1, 3-17.1. 3-11.1, }JL3. 4.6.lo
4-6..., 4Ji.6._II).1. 6.2J, 6.2.2, 7.L1. '.:1.1,7.).4, ,.).6, 7.3."
8..).1. '.2..1. ,.).1. '....., ,....,1. 9.4-1. '.'.1, ,.8.2. 9.,.1,
,.10.1. 9JO.2.9-1O.30 10,1.1.10.1.2,. 10-1.5. 10.1.6,
1L307,12.l, 1,-'.501, JJ.,~.Jt J3.1..3t J3.J.4,
Contractor', Represent.tiom 1.2..~ 305-10 3-l2..7, 6.1.2. a.:a.1t .9.1-3
Conll1Clor', Rosponslbillly for Th_
P...formin& the WorIr. :\.:\..,:\.tI, 4-6.6, 10
COblJ'a<lor'. Review of Contracl Documents 1.1.'.:\." ),7.)
Conlhdor', \\ishl to Slop \he Work ,.'
ConIr1<tor', Rigbt 10 Terminat. the Contrld Ii'
ConlraCtOl", Suhmiltall 3010.3-11. >.12. .....12, $.~J, ,.z.),
,.}.6, 9.2, ,.,.1, ,.8.2, ,.,.1, '.10.3. ,.lO.), lo....a,ll.4.2
ConInctor', Snperintend<TI1 ;",,'0.1.'
Contrad.or', Supervision and Constru~linn Procedures Uo4. 3-30
3... 4-6-6. 8.2.'l, 8.2.]. 10
Contra<tual Uability [nsu,",," 11.....,.11...1, n.),L5
Coordination and Cornlation 1.2,J" 1.:1.4, 3.3-1. 3.W, 3.U,7. 6.2.1
Copies ~'urn",hod of Drawin" and Sp<<iIiations LJ,....!. .\.11
Correc:lion of Work 2.3,2.4. ,.2.1,1-6.1, ,.1.2, "9.1,
u..L2,. U.2.0. 13.].1.'
Cost, Definition of ,.:\.'
c:oou ..... :\...t.3-7.4.).II.>. ).15->',4-7...4-7.', 4-'.0.1, !.1.'lo
6.'.1, 6.1.~, 6.'\.1, ,.n'lo ,.)-'. 7.).7. ,.7. ,.8...,.10.2,
U.,.u.u.).L3. n.34 D.}.', U-I, u.2.J,
I1.2.4.U.2.,,!3-'.lof
3.14,6.1.6
Ownership of
IMy 10 R<v,'" (.Quina Do<umco,.
and Field Conditions )..
J::fftctivc O.\c QnnsUl~ 8.1..2, 11.1.1.
Emergencies 4-7-7. 10.3
Emplgy.... Con\noclor', ;.),... ;.4.', 1-a.l.1-~.
3018.1, 3olS,2, 4-6.6, 4.6-10, 8.1.2., 10.2, 10.3, lU.l. J,f.2.Ll
Eq\lipmelll.l.abor, Mltmala and 1.\.3,1.l.6, >'413-'.1,
.\.8.a, 3-'1.2. ).12.), 3.12.7, ~u. ),~l. .1-,!.I. 4-6.u. 6......
,.)..6, "~:l, ,.3-3,lL30 U.2..... I4oL2. 11.2.1, 14.1.2
~j(fcution and l'rogT... oflbc Wo,k \.1.1. ).4."
;:1.'.1, ...6.5. 4.6.6, 4., o4t +7.8. 6.2.2,
7.L3. 8.2.. 8.3. ,.,. 9.,.1.1O.1.~, 10.2.4
EXlCullan, Correlation and Inhlnt oflbc
(,ontracl Oo<nm..,"
Exl<naioos of Time
f<llure of Payment by Contrsctor
failure of Paymenl by Owner
r..lly Wort< (See Defecllve or NllIlConfcnnin& Work)
Final Completion and Fln"Plymant >\.6.1,4-6_16.
4.,.2, 4-7.5> 9.10. U.L2..Il.L" 11.3-.5.12.;,.1, 1."7
~'lnandaI ArrangOJllStJ. Owner', :1...1
Fir..nd ExlcndCd Ccw,u,elnsuruw:e 11.).1.1. D.).I, D.).7
GENEIlAL PROVISIONS 1
G....mina L..., 13.1
G.UCllttlc (See WOITOllly and Warranties)
Huadous MctaiaII 10.,,10.2-+
IdaJtiCi'ltion or CoutnKt. Doc"mtt'lI 1.2.1
ldenliliCltion of SubcontrlCtcn and SuppJics'c p.,
Indemnlflcalion ).17.3.18, '.10.1,10.1.... D.)'.', n.3.7
Informetion .nd Selvicas Required of the Owner "I'"
2.2, +740 6.:a.6. ~M.2, 9-6-1, ,.6.4. 9.80.3. '.'.2..
"10.3, IO.L", Bo2, n.). 1','.1. 13-5.:1
Injury or D."'"8e 10 Penon or Property 4.7.9
Jncp<ctiona ),),), ),)-10 3-7.1. 01.6.1, 4-6.6, >\.6.16,
4.7.6, ,....J. ,.8.2. ,.9.2. ,.10.1. J:2..LI.1,.1.5
L"
In.UUctlatIlIll the C.onIrCClor ),8'.4.6.1" l-2...." UJ.,).,..
u..ur.- 4.,." ...... 7-.l-4 '.)," ,.11." "~.4 ~.10.1. 11
In___, 801'- and MachlMry n.3.l
InsurMce, Conlr.aOl"s LIability . 11.1. 11.).1.1}
Iiuur...... Eltective Dale of 8.1.2, D....2
In,urence. Loss of Use 11.3.3
IlIJurlltl<e. Owner', Liebllity n.2.11.).1.)
Insuranc.. Property 10.1.S, 11.3
Insunnce, St<"N Matlrials ,.).2, l1.).Li
INSURANCE AND BONDS "
Insunnc:e Companies, Comenllo Partial Occupaoc;y :9.9.1, 1\.3.>>
Insunnce Compouia. Selllancnl wilh U.3-10
Inlmt of tho ConlR<l Do<umlD1c
L2.l. ,l.JU 4-6.10, 4-'.12. 4-6.1', 4.fii.20, 7.4
In'ereil 13.1
InterpretatiOll '...5.1.... 1.5, 4.L'" '1-7..5-... '.L', 8.....
InlcrplOlatiUns. Wrilt<n ...'-111, ..6.111. +7. -'.
Joinder and Consolidation of C1ai.,.lteqWred ...9.5
Judgmenr on Flnal A",ard ...~.I, ...'.....1, 4.9.1
Llbor .nd Materi.ls. Equipmonl 1...),......1. 3.4. ~I~.
3.8.2., 3,J,2.2., 3oU,), 3-12.7, ).U.1l.1.1). 3-1,.1, 4.6.&%.
6.2.1. 7.3-6. 9-3-1. 9.>'3112.2.04.14.1.2.14.2.1. 14-2..1
11.3-1
I." 3-6. .>7, 3.13, 41.1, 4-9.5. 4.,.7.
9>~. IO.2.2,.ll.1.II.~ 1,\.1,1).4.1, 13.5.1, 1J.!;.J..l}.6
Liens, 2.L2, '407.2. 4-7.'..... tt~1,9-:}.~ 9_10.2
L1mit.tlon on Con,oUd.tlon or Joinder 4.9.5
Insllucllom III Bidden
Labor Dl&puleJ
l.aW'ti and Rl!8ulatiol\l
I.L1. I.~, 2.2.5. ).~ 1j,.3
1.2.307.1
4-1-J. 4.7.1, 7.2.J.3, 8.3, JD.).I
9.S-1.}, 14-1.1.2
4'J.'J.9.7,l4-I.~
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CUhina Ind Patchina
Dalnaaolo Colllltruction of Owner.... 00..-
Contndors 3.14.2, '.2..\. ,.501.5. 1O.2.L2.
10.3..5. lO..30 11.1, lL30 u.2..,
DaJnar.e t<l the Work ).!4-1, ",....lll.1.L2, 1.....'.10.30 II.)
DamJo&e&, Claim, for ).,11, 4-6." 6...... 6.2.5, 8.3-2- ,.s.u, 10,1.4
DalllCllu (or DoIoy 6.'...8.3.), ,.!.I.6,,.7
Daloof Coml1l<!llCOl1lmt of tho WorIr.. De6niti... or 8.u
Da.. ofsuhotantial (;ompl<tian, Definition of ll.t.3
Day, Definition uf a.L4
o.c;.iont of the An:hilec:l 4-6. 4-7. 6.3, 8.1.3.1.,j....
'.2, '.4, ~J.:5.1. ~.8.2., ,.,.1,10.1.2, 1.3.5.2,l4.2.2. J4..2.4
0eciIl0ns of the ConstrUCtion Manager ..J~ i'.].'~ ".,.', 7-3.1,
~.).1.,....1,""'309.'"
9.5.",."1"".3
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Decisions to Withhold Certlfic.lIon
D.footive at Nonconformin& Work, A<.oopwu;e.
Rejection and Comction or 2.30 2.4. ).S'. 4-6.1.
+~o. "'7.5, !M. ,...:z" ,.,.1, 10.1.5.12, 13.].1.3
Defective Work. Definition of 3.5.1
lJefinitioI\i 1." :1.1.1. 3'" 3-5-1, ,5.U.l. 3-U.~, ~""
....1.1.4-2.1....1... 'J.l.6.l.l. '.1-41.301. 7.:;.6,8.1,~,,.a.l
Delays and EJ<lenslon' of Time 4-7'. 4.7.a.l. 4-7.B.>.
6.1... 6.2.~ ].1..1. 7.3-L30 7.,3.4,
7.3-_~, 7.).8, 7.3.', 8.1.1, I.S,ln.3-J, 14-1.1.4
+7,4.8, .,.,. 6.2.,. 6.). 7.,.&,"-\.1.2
).D
1,1.5
I
Di.pu...
DlK.Umenls and Srlml>l~ iLt the Site
Vnwing., Defiuitioo o(
Drawing' and Specifu:ations, llio and
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Limitations, Statutes ot
\.imilations of Authority
..9......12.1...13-7
,.~l.4.e;.12.-4.6.l7.
S.2..:l~ 5.1.4. 7.4. 11.3.10
1.3> ,.2.1. ..5.. '.7.30 J-12.8. ,.I2.lJ
3J.7.1-)R, 4,ti.iO. 4-6.l2, .c.'.'" fi..:L2. '.4~ ,.6.4.
'.10-4, JCJ.1"of. 1O.z"~' U.I.2, U.2.1, n.s.7. J.l.4..2, )).$.1
Limitaliom of Time. Glnenl 2.2.1. 2.2..4. 3.2.1.lo7.~ ,.3.2.
}.10. }.12.5.3>'5-'. .....,. 4-6.12. ..6.... 4-7.....7.,j, ...7.4.
4.7.6~""".9,~.4.1, '5-2.h 5...1.316.2.-4,7.3.4,7....1..2.9.2.
9-,. ,.6.2. ,....".10, u.l.3, 1).3.1, n.3.2~ 1l.3-"
U.306. 12,,,,.12.2.>. I,H. lJ.7. 14.'
Un\ilauolU of'l"ime, Specitk. 2.1.2, 2.2.1, 2.1. 3-10. ],U, 3-15.1.
+6.l, 4-6.181 4-71 4.3, 4.', 5-3. 5.... ].3-J. 7.3-9, 8.2. ,..\.1.
9.3-3. .941. ,.6.1, 9.1, 9.1I.~. 9.10.2, Uol.3.11.3.6. D.}.lO.
u.3-Jl,I 11.1.)j l2.)..4.1~2.6,13-7.14-1. J.4.1..1
11.3.3
1.].1. 3-1201. 4-6.7. +6dO.
501..1, ~.3-1, ,.3-L2. ,.>3. '....3. ,.6.J, ,.10-1
M.l4:rialli, HazardOUI 10.1,10.2..4
Malcrials. Labor. F.quipmml and Ll.3.1,1." 3401. ).l.J.
3-8.~ 3.u.2, ).12.3- 3-l2.7. >12.11, ).13. 3-1j.l, ....6.l2.
6.:...1:1 7.',6, ,9.).2, ,.,.,. 12.2..4.14-1.2. 14.2...1. 14.2.1
Mean.. MEthod., r.<hniqu.., SeqUtDCG and
I'ro<..hm.. ofConsln1ction
Minor Ch.nallS in the Work
MISCELLANEOUS PROVISIONS
Modifi.;:ationdi, OtfiniLion of
Modifi<ation.lo lb. Conln<t
LWlllation.ofl.ia~ly
Lass of Use Insurante
M.tnia! Suppllm
3.).1, +6.6. 4-6.12. '-4-~
lJ.l,4.6.13, 4-7.', 7.., 7.4
1]
1.1.1
1.l.1,U.2,3-7.3,
J.u.4-i..2,4-6.1,!.%.3.7,lj,l,'J.'7
MUTual Respa~.lblliTy 6.1
NantO~furmin8 Worlr. ~ep"'"ce of 12.3
NooC<lnformi!l& Work. R.j<e\i<" 'nd ("A'Irl'O<Iion of 2.J.I.
+,.,..a. .9.J,~1 9.8.:1112.1>7,1.3
,;,'.... 3.2.J. ,..... 307.30 3-7.'" 3.'. .~u.1l,
4.1.4.8.4,4-9, S..t.h 5.). 5.4.Ll, 8.2.2, '-4-1.
j.j.l. ,.]. 9.JD.Io.l.2. '0.2.6, \1.1.3, u.~. u.1.~
12..2.....13-3.1,\.;.1,1,\.).2.14.
2.3.1..4. :\.9. .t,I:1.', 3.11.""'7, +8.... ...."
"'":1..\, J.}., ,.4.1.1, 8..u, .9-.$.1. 9.5.1, ,.7. 9.10, 10.1.20 ~
10.2." 11.1.3. u..lo u.2.2. 12...... 13.3.,...,..,..
nons 1).,.'.1].,.2
1.2.2.
2.2.30 3.7. 30~~ 7.3-6.4......1
406.,,+6.',4.6.10, ....,.6,
"'""" ,.,.. 9.....,.12.1.1.,...,
Ob&erva.tion", l..onstruc.uon ManJltl'" On.Sit.e 9.404.l.1.L1
Obsf:r-...uiom. u,ntrador's I.a.,. J.:U
O<<up:;.;y ~,6.6. ,.1.1, 9." 1l.3.n
On-Site u.,~. b.Uom by e AlchiUrQ 4.6.5. 4.6.16, "'7.6.
,.......,.8..."9-><,.W.1
4-6.5.4-6.,. 4-7.6.
9+4. ,.501, ,.Ul.l, 13-5
On-Sil. O.......tions by Ibc Coaslruction Manli'" 9....4. ",.1
Orden, Writtm 103. :s."47'.7, 11 a.u II.J.'I C.l,
u.2t 13..'i.2, 14.".1
1.1.... J.1.4.z. ...6.7. ...,.J, 6. U.3.7.
1:l.U~Iz..1.5
2
K"
NOTle.., IIIIrl1. ,n
NoTk:~
obstrv.uon.s, ArWl,:ov
.
On-Site Observ.tions by Ibc AKbiIeCl
Other ConU'itCts .and Conll'aClol'I
OWNER
Owaor. Dt6nltion of
OW~er. Inform.lian .nd StIrvices
RMluir.d of The
2.J.2. 2.2. ..6... 4-6.4. 6."
10.1.... 10.1.6, u.1. U.3. 13.5.1, 14-I.l.S, 14.1.3
3.8.11 S'..7:.I,S.i4t s.4.Ji
7.).1,8.2.1,9.3-1,9.).2. u....1, l2..2.... 1,1.'.4.. 14>2.1.4-3.1
Owner's f'fnaudill (::apilbmlY 2...:2.1.. 1<t.Ll.'
Owner's L1lbillTy Insunntl 11.2
Owner'. Authority
Owner', Loss ofUaelnsunnc.
Owner', Rclationahip wilh Sui><oul_
OWner'sRIs/1T TO C.rry OUT TII. Work
awn.r's Rlsht TO Clllan Up
OWner's Rlahl TO Perform ConstrutTlan with Own
fo....s .nd 10 Award Other ConlrKls
Own....Riahf To STop Th. Work
Owner's Ri8hlloSuspond tho Work
Own.,.', Rlgh.....1"ermina.. the Contract
Ownership .~d us. of Arehited'. Dr.wlngs,
5pKlflt.tlons .nd OTh.r DCKUlMnTS
)1.).3
Ll.2.<').2.1, ').4.1.,.6.4
2.4. u..2.-4. 14..1..1.1
6.3
6.1
2.3,"7,7
'4-3
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Cl 1992 I HE AMERICAN 1~IJ1U" Of M~HIJ[~IS. 1735 NEW YORK"liIIENUE. N.W.. WA5HIN<iIUN. D.C.. 20006-5292. AlA DOCUMENT A201/CM. I
. GENEllAL CONDITION5 OF THE CONTRACT FO~ CONST~UCTION . CONST~UCTION MANAGER-ADVISER EDITION. 1992 EDITION. AlA. -
WAR.NING: Unlicen,.d pnotocopying viol.tel U.S. copyright IIWI and wifl subject rM viol.for to Jeaal prosecutIon. This document Will I
.I'<lronically produced with permission of the AlA and.... be reproduced In I<(ordance with your Ii..n.. w;rhaol "'alaf;,," unfilth. dare of
upiraflon a$ noted bekJw. l)$er Ooc:l,lm~f: 2OO20J3a20km..dot: - .4I281200.t. AlA License HuntPer' 1148073, wnich expires on 61512004.
EliRCtrtJl'\lc format A201ICM....I992
4 I
2.1
).1.1,1.3.
2.2.5,5-3
9.6.6.9.9.ILJ.ll
3.14.6...6
3.11
4-6.9. ,." 9.3, 9-4. ,.5.1, 9.8.3>
9-10.1, ,.JD.l. 9.10""" 1.4.2...
Payment, CerTlfI.-tes far 4-...9.4-6.16.9.3>3. 9.4,9-5.
9.6.1, ,.6.6. J.7J, 9.8.3t 9-fO.1, ,.10.3, J"'1~ l4-1.I.~ J4.2.4
P.ym.nt, flllur. 01 4-7.7. '.5.1.3, 9.1, 9.10.2, 14.Ll.30 '4-'.'"'
PlymenT, FIn,' ..6.1. ..6.16. 4.7'" 4.7.\. '.10.11.].1
U.1.3,1l.3.5.11-3.1
P.ym.nt Iond, I'erfDrm.1lR
Bond and ].3...4,9.10.). n.)." 11.4
Payments. "OW'ess 4.7"',"3. 9.6, ,.11.3, ,..10.3.1)..6, 141-3
PAYMENTS AND COMPLETION 9. ~
raymmtato Subcoolia<lOlll ,....~, 9-5.1." 9.6.l.
9.6.!, ,.6-40 11.).1, l.4.1.J.J
PCB 10.1.2.1 10.1.,. 10.1.4
Perfarmonce Bond and Paynuml Bond 7.3>'-... 9.10.3. u."" 11.~
Permits, Fee. .nd Nalle... 1."30 3.1. 3.IJ, 7.).6-4, 10".1
PEI\5ONS AND PROPERlY, PII0TECTION OF 10
Palychlorlnated Biphenyl 10..2. 10.1.). 10..4
l'raduct nata, OtfiDitiOll of ).12.2
ProdUCT D.tl and s.mp.s, Shop Dr.winas ,.n. 3.12. 4.1.7
Progress MId Completion .....5. ..7-4. 8.1
Prasress PaymenTS ...7-4. ,.5o 9.6.9.8.3> '.10.3> 1,j...1....3
ProjeT. O.rUlitiOll of !he 1.1.4
Projed M.nu.l. Dellnilian oftb. 1.1.7
Projed MlDuala ....\
Prajact RepnaenlatMoa 4.6.17
Prop.rty Insur.nc:. 10.1.\. 11.3
PII0TECTION OF PERSONS AND PII0PERTY 10
R..uIaIiom and La", l.J, ,.6. 3>7. ).13. "".1. ",.7
10.2..1.11.1. U.).l3-l.lJ..-4o 1.3-,.1, 1.\.~:Z, 13-4'. 14
,.,.1.+6.10.12.2.
.9.10.2
1.1.2.. 3-5.J. 3-11.7. ft.2..2, &.2.1. "3-3,
'....31 9.,.1, 9.1.1, ,.10.1
J,.U. 1.1.l. J.'IJ, 4olJ,
....6.... 4.6.17. SoL.].., ,.1.:z..ll,2.1
Re.alution af CI.lm. and DispUTes 4.8.4.'
R"pollli~IY forThOlel'erforlUllllllbc Wark 3.3-2,4..... ..1., 10
Retsinage ,.J-l. ,.6.1, ,.8.3. 9.9.~ ,.1..2. 9.1..3
R..ilwaf CuntrM:t DatumenT. .nd Field
Condition. by ContrKtar
Reviow of Coo tractor', Sobmiuals by
o.m.r. Comtru<liOll M..,..- and .Architc<l ].10.'. ).l().),
3-D. ;i.U. 4.6.u. 4.6.16. 5.1.1. ;.2.,. ,9~. 9.8.~
R",jew of Shop IJnwinga. ProdIlCI Dal.
and San.pl.. by Contractor J.12.5
Rights and Remedies 1.1.2.1.3.2.4.3-5.1,3-15.2, 4-6.10,
+7.61"" ,.J, 6.1, 6.~. 7.l-1. lI..""l, .9.5.J,9.7.IO.2.",
ParTI.1 Occup.rt(y or Use
Patch1ns. CUTtlna .nd
P.lnt., Ray.llies .nd
PII"fITI.nt, Appllt.tlon. far
R<jocIioo of Work
ReI..... of WaN... and l.iena
Repmcnlalions
R<pmclll.tiVlll
L2.2. 3.2. 3.7.".}.l2.7
Roy.lti.. and p.tenll
Rul.. em! Notices for Arbitration
Safety of Person. .nd Property
Sa"'" Preaullons.nd Programs
Sampl.., D.finilioo of
Sampl.s. Shop Dr.wlnes, Product
D.t. .nd
Samples .t the Sile, Documenls .nd
Schedule of v.lue.
Scbodulos. Coll$tnlcti.n
scpan.t.e Contra.c.1s and Contractors
Shop Dn.wings, Dtfinltion or
Shop Orawings, Product Oat.
and Samples
Site. U.. of
Silo IlIOp<<\i.",
Silo Vilil.. Archila:'"
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,O-},"-.2.2."-,....13.4.'"
3.17
4.9.2
10.2
..6.6,4.6.,,- 10.1
3.12.3
loU. 3.12.4.6.,,-
3.11
9.2.,.3.,
3.10
u...
).~.,
3.1l. 3.12. 4-6.11, +6.12. <\.6.1$
3.13.6.l.l,6.2..
1.1.2,3-)..4. 406.,. ...6.16.4-7.6, ,.1.2. ,.IU.1.13.'
...6.j, 4.6.,. 4-].6.
9-4,9."', 9-112, 9.,.2. ,.10.1.13-5
Spodo1lnrpediOIl5 .nd Tostin& <\.6.10. ......1, .).~
Specifications, !leftnlllon ohh< 1.1.6
Speciflcallon.. The LLI. 1.1.6.1".7. L:L1. L}, 3.u
SIoI.I. .fLimilotions ..,..... U..1.6.13-7
Stopping the Wotk 2.3. ....'.7, 9-7, 10.1.2, 10.3.1+1
Stored Mltmals 6.2.1. "J..i, lCUL~ 11.).40 l2..2.4
Subcontra<tor. Ddinition of ~.u
SUBCONTRACTORS 5
SubcoOtraClon, Work by u... 3.3-2. )J2.1. 4-6.6. ..6.10. 5.3. :>4
SUbcon"acruaIRel.tions 5.3. \.4. ,,]'->. ,,6..2.
1).6.~ 9,6.4,10.2.1, U..307. u.,.I.14-l.1, 14.2-1-2, 14.1.3
s.ubmittals 1.3, ).2..,. 3olO. ,.n. ).U, 4.6... S.2..l.
5..1.30 ]-3.6. .9J.. 9-~.I, ,.8.2.. ,.,.1, "10.2. ,.1(1.30 11.J.,t
subrosath>n. Waive,. of 6.1... n.).l. 11.3.7
Substantial Completion 4.6.16. IUl.ll.L"
1.1.). 9.B, 9."1, lu.1. U.2.z. 13-7
S.bs~1iaI Comp/<tiClll. D.finitioo of ,.11..
Subs\i...;on of Sub<_ 5.2." 5.... -
Substitution of A1<hi1a:l . ~-I
SubatilUtiOD 01 Cona\nlctiClll M'llIllCt 4-4
Substitulion. .f Mat<rialr ).1.1
Sub-subconlrad.OI', Definjtion of 5.i...z
Subsurface Conditionr 4-7.6
SuCte._s and AsI'S"S 13.2
Superintendent ],1, w.2.6
Supervision and eanstnJC1ion Procedure, 1.2.40 3.3.
3'" +6.6. 4.7.... '.1.4. 7.1.3, ,..]4 8.2., 1.3-1, 10, 12.14
4.8.1. ...14. """.2, ,....2, ,.10.}, 14-2..2
""'_2".10.]
Surety
Surely. Conseut of
Su~ 2.2.'. .,,18.]
suspension bV the Own... for Convenience 14,]
Suspenrlol1 01 lb. Work 4-7.7.5-+',1+'.1-1,'4.]
SU&ptnsion or TennluationoftbeCOlltncl 4-7.7l '.....l.l, '.
T.... 3.6.7_3.64
Termination by ttltl Conlr.clOr 14.1
Termination by ttltl Owner for Cau.. 5....,.1. 14.2
'r.nnlnalion of tb< Archil..1 .....
Tenninatioooltb< ConsIIucli.n MallOjl<r .....
T~nnihation of the CoIltrldor 1"'2..2
TERMINATION OR SUSPENSION Of THE CONTRACT 14
Telts and Inlpectlons :1-3.), ..6.10, +6.16. '.<\.3. \2..2.1.13.5
TI~ - B
Time. D"I..,. and Ext.nsions of 4.7.8. 7.2.1, 8.3
Time 1.it:nitiI. Sp<<itk :1.1.2:, 2.1..1. .2.4. 3oJ.O. 4-6.11.
+7. +1l.1. <\.8.), <\.8.<\. 4."1. +9-1.', +9.4.2. ~.]. 54. 7.],5.
7,~'. 8.:a, 9.2, 9-301, '."30 '....1. ,.'.1. '.7. 9.1l2. 9.10.1,
11.1.3.11.>6. U.3-10.1l.}.11, n.:z.:2. 11.:2.... U.Z.6.1J.7, 14
Time Limits on Claim. 4.].2.4.7.3. +7.6. 4-7-9, <\.1....'
Ti1Io 10 Wodr. "3.2.'.)'3
UNCOVERING AND CORRECTION OF WORK \2
uncoverina of work 12.\
\.b'f.fOl'8ft'l1 ConditIons 4.7.6. 8.3-), )0.1
Unil Pri... 7040 7.3-]..2
\he of DOQIIDcnl$ 1.J.1. 1.3, 2.2..5. 3012..7. 5.3
UIe of SIre 3.13. 6.1.~ 6.2.1
V.lu... Schedule of 9.2. ,.3.1
Waiver of Claim.: Final pavment 4.7.5.4-9.1.9-'0-]
Wal,.,. .fClaim> by \he ArchileCl 1].4.2
W2ivtrofClaimo by th<Contrac:tor .9-1..... n_].7.1~'
WalverolClohnrbyth<Owmr +7.1.+9-1.9.9.3.
,.10.30 n.,.~ 11.,..'i. U.)'7.13+2:
9->0.2
6.1..0.3.1.1\.3.7
3.S...6.lll.+7._1
,.,.3. ,.8.2.. 9.,.1. U,2.2,lJ.7.1.l
407.1.:1
4.9.4
Waivei' (lrLiem
Waivers of 5ubroaation
W"""'Y ...4 Warrantl..
W..lher De!aya
When Arbltr.tiDn May lie Demanded
Work. De6nltiOD of
Wl'il....CO_
Wl'itl<D Inlerpntalionr
Wriften NOfke
),1.'
1.).1.).u.3,.l-l4.2.4-7-4,
4-"" ,.~ 9.8.2, '."'. ,.10.2. '.10.30 10.1.3, 10.1.3
11.3.1, 1l.].L4. J1.3-U, l.J.~ J.3......z
+6.\8.<\.6.19.4-7.7
2..1,z.,.,t. 3-" .3.1:2.8. 3012."....7.1. ....7."- 4.7.9,
........ 4.9-401,.5.2,1, ,.,. '......1.1, 8.2.3:. ,..., '.5.1, ,.7.
'UO, 10.1.2,. w.2..6. 0.1.30 u.3, 11-1.).. l2.1.4,
13.3,1).~.2."
2.)']'''+7.7.
8.:2.1. U.1.9. 1:W, 1:t.2, 13-5.1.. 101.>1
ARTICLE 1
GENERAL PIIOVISIONS
BASIC DEFINiTIONS
THE CONTRACT DOCUMENTS
W:rillm Olden
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
The COl1uact DocumenlS consist of the Agr..:menl between
Own.. and Contnc;tor (h.reilUfter the Agreem.nt).
Conditions of the Contract (General, Suppl.mellW'y and other
Condition.), DrawiDgs, SpeciRcations, addend. illuecI prior 10
."",,ution of the Contracl, other document. lided in the
~reemenl and MorliIkations issued after execu1ion of the
Contract. A Modification i. (,) a wriUen amendm.nt In tbe
C.ntr&<:t signed by both parties. (.) a Chang. Order. (3) .
o lD9~ THE AMEf\ICAN INSlIlUlt. Uf ^"~Hfff'TS, 1735 NE:W YORK AVENUE', N.W~ \NA5HINGTON~ D.C;;.. l~S:Z9l. AlA OO~UMlNT A201ftMa
. GENERAL CONDITIONS OF THE CONTRACl FOR CON5TRUClION - CONSlRUClION MANACiER-AllVISER EDIlION - 1992 EDITION. AfA. -
WAfth1ING: Unlicel"tsed photocopying viobt., U.s. copyright laws .nd will ;vbj<<:t Ih. violaTOf' to le8~1 prosecution. Thil doc;:ulllltnt wal
llearonicolJy produced with permi..ion of the AlA and can be reproducld In Kcordonce with yolll licon.. without viol.rlot1 untH rh41 date ot
..pir.rion a. notod below_ u,erlloaJm.nt: 20020l3a20I<ma.doc .. -412812004. AlA Licen.. Number 114807]. which ..plre. on 61512004.
E.flonic Format A2011CMa~1992
S
1.1
1.1.1
I
I
I
Construction Chanse Directive or (4) a written onler for a
minor change in the Work issued by tht Archilect, Uhless
spetificaUy enumerated in Ibe Agreement, the Contracl
Documents do nol include DIner documents such .. bidding
requirements (advertisemenl or in.ilation 10 bid, Instructions
tn Bidders. sample form., the Conlr.ctor's bid or poniolU of
addenda relalillll to biddiog requirements).
1.1.1
THE CONTRACT
TIt< Contract Documents form the Contract for Construction.
The Contract represenls the enlire .nd integra.tJ:d agreemenl
between Ihe parties beldo and supersedes prior nelotiatiom,
representatioJlli or agreements. either written or oraL The
Contract may be amendod or modified only by a Modification.
The ConlrICt Documeuu shall 1\01 be constrUed 10 antr a
contractual relationship of any kind (I) between the AlclUlecI
and Conlract"', (1) beI_n the Constructlon Mmoaer and
Cnntractor, (3) belwten the Archilecl and Construction
Manager. (4) between the Owner and a Subcon\ral:lor or Sub-
subcontractor or (s) bet....n any persons or entities other than
the Owner and Conlractor. The COl\SUIJCtion Manaser and
Archilect ohaIl, ho~r, be entitled 10 performance and
enforcemenl of obIlgations under 1M Contrad inlended 10
fscilltale perfolnJaDce of their duties.
1.1.3
THE WORK
The lerm 'Work' mean. the constnlction and sen>ices required
by the Conlract Documents. w~r CODlp~ or partially
compleled, and include. all oIher labor, malerials, equipmont
and ~rvices prmided or to be provided by the Contractor 10
full11l tht ConlrlCtor', obliplions. The Work may constitute
the whole or s part of the Project.
1.1.4
THE PROJECT
The projoct i. the 100a[ construction of whicll the Worlt
permlUlod undor the Contrad Documents may be the whole or
. part and which may include COIISIrUCtiOll by other
Conlraaors and by the Owner'. own fa",e. incbldiDl persons
or enlities under "parate contr.a<:ls not adminlstel"Cd by tht
Construction Manager.
1.1.5
THE DRAWINGS
Tho Drawings IlJt the graphic and pictorial portions of the
Contract Documents. wherever located and whenever issued.
showing the design, location and dlmensl.ons of the WorIc,
generally including plans. elevatioJlli, sections. details, schedules
and diagrams,
1.1.6
THE SPECIFICA nONS
Tht specifications are that pOl1ion of the CoolIIct Documents
,onsistinf, of the wrilten requirements for material.,
equipment. collSlnlction systems, ~ and worlanamblp
for the W Q'k, and performance of related ~Nius.
1.1,]
THE PROJECT MANUAL
EXECUTION, CORRELATION AND INTENT
1.1.1 The Contract Documenu sbal1 be signod by the
Own.r and Contractor as prm>lded in the Agreement. If .ither
the Owner or COntradOf Dr both do nol sipl all the Contract
Documents. the Architect shall identifY such unsigned
Dacuments upon requcsl.
1.2.2 Execution of the Contract by the Conlractor is a
reprtSl!nlation that the Contractor has visited the ,ile, become
familiar with local condition. un~ which the Work is 10 be
performed and correlated personal oboorvatiorn with
requirements of the Contract Documents.
1.2.3 The intent ofthc Contract Documents is to include 011
items _casary for the proper execution and completion of the
Work by lilt Contractor. The Contract Documents are
complementary. and what is required by one shall be as binding
as if required by all; pcrfonnance by the Contractor shall be
requiml only to the extent consistenl with the Contl1lct
DOCumenU and reuoaably inferable from them IS being
necessary to produce the intended resulls.
1.1.4 Organiulion of the SpecifICation. into divisions.
sections and articles, and 8lTlI1'8em'mt of Drawings sball DOl
control the Contractor in dividing the Work among
Sulx:ontracton or in tstablisbiDS the extenl of Work to be
performed by any trade.
1.1.5 Unlets otherwise stated in the Conlract Documenls,
words whi,h bave well.known ....hnie.1 or construruon
industry meanings are used in the Contract Documents in
acc:onIance with such recognized meanings.
1.3
OWNERSHIP AND USE OF ARCHITECT'S
DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
1.3.1 The Drawings, Speci&ations and other documents
prepared by tht ArclUtecI arc instrument. of the Archilect',
W'Viu IhIough which the Work to he executed by the
ConlJaClor is desc;ribed. The Conlractor may retain one
contracl rtCon! sct.. Neither the Contractor nor any
Suhc:ontractor. Sub-subcontractor or material Dr equipment
supplier shall own Dr claim a copyriaht in the DrawDlgs.
Specificalions and other document. preparm by Ihe Architect,
.nd unless otherwise indiated tht Architect shall be deemed
lhe author of them and will re~ an common Jaw, stalutory
and other reseJVed rights. in addition to Ibe copyright. All
copi.. 01 them. except the Contraclor'S _ani sct., shall be
relurned or suitably accounled for 10 the Architect. Oil request.
upoll complellon of the Work. Tht Drawi"ll" Specificalion.
aDd oth... documenls prepared by the ArclIitect, and copies
thereof furnished 10 tht Contractor. are for use solely with
respect to this Project. They are not to be used by the
ContracL()r or any SubcQotractor, Sub-subcontractor or
'" 1991 THE AMERtcAN IN:'fllUrt Of AR'CMl1tCU. l}j! NEW YORK AV~NUt:. N.W_. WASHING JON, U.t.,. iV..IUtI~~L!ll. AlA lXKUME.Nl A.~Ol/l;:M~
- GENERAL CONOITIONS OF THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDmON . AlA. .
WARNING; Unlkrnud photocopyin, "iolafes U_S. l;opyrisht lawl and will .object tne violator fa 1eaal pros.cutton. Thi!!. document was
electronicallv prOduM with penninkm of Thl AlA and can be reproduced in ac:cordanc::t with your Iit'"se withovt violation until 1M dOllt. 01
Iliixpiretk>n i1S noted b.low. User Ooc.l,lment: 2OO2013a20lgna.doc: ... 4/281200.. AlA Utens!:!: Numbt!!r 1148073, which expires on &MOO4.
Electronk Form., A20liCM~1992
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makrial or equipment supplier on other projects or for
additions to this Project outside the sco~ of the Work without
tbe specifIC written consent of the Owner lllld ArchIl<<\. The
Contractor. Subcontractor.. Sub-8ubcontractor. and material
or equipment suppliers are granWla limited license to _ and
reproouce applicable poItion. of the Drawinss. Speciflc.tlom
and other do<umen15 prepared by the Arcbikcl appropriate to
and for ust in the executiol) or tbeir Work under the Contract
Documents. All copies made under thi> license sban bear Ibe
slal.tory copy1i8ht notice. if any. shown on the Drawings,
SpedHcations and other documenl& prepared by the Architect.
Submittal Or distribution to meet olllclal "'gulatory
mJuirernents or for other purpoocs in connection with this
Project i. not to be construed U publication in derogation or
the Architect's copyright or other reserwd rigbts.
1.4 CAPlTA.L1ZA TION
\.4.\ Tenns capitalized in the.. GelJtral Condition. ioclude
those which art (,) specifically defined. (.) the titl.. of
numbered articles and identitied ...re",nas to r.......aph..
Subpora&taphs and Clau... in the document or (3) the titles of
other documen15 published by the Amtritan IllIIitute of
Architecu.
\.5 INTERPRETATION
\,5.\ In lhe interest of brevity the Contract Docurnenu
frtqUeDtly omit modifying words sucb .. "all' and 'any' and
articles such as "the' and 'an,' but the fact that a mod.ilitr or an
article is absent from oN! S141JlIDCnt and appears in another is
nol intend..! to affect the interpmation or either s1a\ement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.\ Thf: Owner is the person or entity identi6..! as such in
the Agreement and is ..remd to througbDlll the Contnu:t
Documen15 as if singular in number. The \erm .Owner' means
the Owner or the Owner's authorized rtprtSClllatJve.
2.1.2 The Owner upon reasonable writtf:lt req1lM shall
CUrnish to the Contractor in writing infonnatiDll wbi<:h is
necessary and relevant for the CODtndor 10 evaluate, glve
notice of or enrorce mechanic's lien r!gb1t. Such informaLion
shall include a comet statement of the ",cord legal title to the
propeny on which the ProF: is located. lIAIaIly ..rem:d to as
the site, and the 0_1 S interest !.heroin at the time of
executiDll of Ihe Auetment and, within five daY' after any
cbonge. information of such change in title, recorded or
unrecorded.
2.2 INFORMATION A.ND SERVICES
REOUIRED OF THE OWNER
2.2.\ The Own... shall. at tbe "'quest Dr the Con_r,
prior to cXtc\ltion or the Agreement and promptly from time to
time thereafter, Curnish to the Contractor reasonable evidence
that fmantial mange~nls have been mllde to fulfill the
OWller's obligations under the Contract. [Note: Unless su.h
rea_able evideJt<:e were furnisMd Dll requerc prior to the
aecubOll of lb. Agl'tCmCllI. lbe plOllp<<tive conlraclor would
Dol be "",uiMlIO oneul. lhe A&-m.:nf or to commene< the
Work.}
2.2.2 The Owner shall furnish surveys describing phY'ical
characterUti...legallimitations and utility locations for lhe site
of the Project. and a legal desaiption of tht sile.
2.2.3 Except for pormiu and fees wbicb art the
responsibility of the Conltllctor under the Contract
Do<:um.nts, the Own<:r sball ..curt and pay for necesoary
approvala, ....m.nts, assessmenll and charges required for
cons\nlCtioD, use or occupancy of permanent structures Dr for
pormaaent c_... in existing facilities. Unless othtrwise
provided under ~ Conlraet Documents, tht Owner, tbrough
the CaMnu:tlon Mana.er, shaD _ and pay for the
building permit.
2.2.4 lnfonnation or ..rvices und6 the Owner's control
shall be furnish..! by the Owner wilb reuonable promptness to
a"oid delay in orderly prosre" of the Work.
2.2.5 UnIt..s otherwile prnvided in the Contract
Documents, lb. Contr8Clor will be furnished, free or charge,
such copies of Drawings and Projtct Manuals as art reasonably
necessary for execution of the Work.
2.2.6 The Owner shall forward all communiu.tions to the
Contractor tbroush the Construction Manager and shaJI
cunkmporaneousJy provide tb. same communkations to the
Arcbite<:l.
2.2.7 The foregoing are in &ddlllon to other duties and
responsibilities of lbe Own... enumerated herein and especially
thOle in "speel to Articlt 6 (Construction by Owner or by
Other Contraaors), Article, (Ilayments and Completion) and
Article n (Iml/l'lDce and BondI).
2.3 OWNER'S RIGHT TO STOP THE WORK
2.3,\ Iflbe Contraclor foiJsto correct Work which is nDl in
accordance with lbe requiremenll of the Contra~t DO<\Imen15
as required by Paragrapb 12.~ or porsistently fails to carry out
Work in accordance wilb the Contract Documents, tbe Owner,
by writWl order sign..! personally or by an ..ent speciliea1\y so
empowered by the Own<r in writing, may order the Conllactor
to SlOp the Work. or any portion thereof. until the cause for
such order bas been eliminated; however, the right of lhe
Owner to stop the Wmk "'an DOl give rise to a duty on the pari
of the Owner to exerci.. this risht for the bellefit of the
Con\ra~or or any other person or entity.
2.4 OWNER'S RIGHT TO CARRY OUT THE
WORK
2.4.1 If the Co.ntrador defaults or neglects to carry out the
WOrk in aa:ctdance with the Contract Documenu and fails
Itl 1991 THE AMt.Rtr..AN IN5THUH 0" ARCHITECT5. lH~ NlW YOK" AVENUE. N.W.. WMHIN(JION. D.C.. l()(M)..5.l:!ll, AlA OOC:UMlNl AlUII(",M.
. GENERAL CONDIlION5 OF THE CONTRACT FOR CONSTRUCTIO" . CONSTRUCTION MANAGER.ADVIWl EelllON . 1991 EDITION - AlAI> .
WARNING: Unlicensed photmopytng violate. U.5. copyrighr laws and will .ubi<<' I'M violator to lee-I prosecutton. Thi$ dD~ument was
electronically prod\Ked with permission of 1he AlA -ind c.n be reproduced in accordwKe with your license without v;ol.tion until the date of
ell.plration as noted below. User Doc;um~': 2001013a2O'lc"'lI.dot - 412812004. AlA LI~n. Numbtr 1148073, which .xpirn on 61SI1()1)4.
Electronk formal A20VCMa-lg92
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within a seven-day period aiter receipt of writlen notiI'C from
th. Own.. 10 comrn<nce and conlinue correction of such
default or nq;lect with diliaence and promplness, the Ownrr
may afu:r such s""en-day period give the Contrador a second
written notice 10 correct such delkiendcs within a ~
..ven-day period. [f the Contractor within sucb socond st'I'en-
day period after reeeOpt of such second notice fails to
commence and conlinue 10 cornel any deficiencies, the Owner
may. withoul!.rejudice 10 other remedies the Owner may have,
comct such eficiende.. In .ucb ca.. an appropriate Change
Order shall be issued deducting from payments then or
th...after due the Conlractor the cost of correcting such
deficiencies, including compensation for the Construction
Manager'. and ArchilCCl" and their re&pective COIIJullanls'
additional servic.. and expellStS mode necessary by such
default, nq;lecl OI failure. Such action by lbe Owner and
amounts charged 10 the ConlnKtor are. both subjeclto prior
approval of the Arcbilecl. all.. COIlsullation with the
Construction Manager. If pay1J1C11ts then or thcruf\er d...the
Contraclot are not sufllcienl to cover such amounts, lbe
Contraclor sIWl pay the difference to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contra<:tor is the penon or entity identified as
such in tbe Aglcement and i. referred to throlJ&hout this
Agreement as i1 singular in number. The term "ConlraclDl:"
m..ns the Contractor or the Contractor'. autborized
representative.
3.1.2 The plural term "Contractors" refen to penon, or
entities who perform construction ulKler CooditiOllJ of the
Contract that ale administered by the Construction Man.:
and that OR idenlial or subotantiaDy similar to lb...
ConditiODL
3.2 REVIEW OF CONTRACT DOCUMENTS AND
FIELD CONDITIONS BY CONTRACTOR
3,2,1 The Contraclor ,hall can!funy study and comp8tC the
Contract Documents with each other and with infonnallon
furnished by the Owner pursuant to SubpuagTIph 2.2.2 and
,ball at once report to the Construction Manager and An:mlecl
errors, inconsislend.., or omissions discovered. The Conlractor
shall not be liable to the Owner. COnstructiOl1 Malllller or
Architecl for damage resulting from errors, inconsistencies or
omissions in the Contract DO<IImen1s uDle.. the Contractor
recognized such error, in<onsimncy or omission and
knowingly failed to "'port it to the ConstnJrtion Manager and
Architect. If tbe Contractor perfonns any conllruc:tion activity
knowing it involves a recogni2ed error, inconsistency or
omission in the Conlract DoculllCltts without socb nbtice to
the ConstruCtion Manager and Architect, the Contractor shall
asS\llllO appropriate respotmbility for such pcrfonnance and
shall bear an appropriate amounl of the attributable costs for
eorrmiOD.
3.2.2 The Contractor shall lake field measurements and
verify field condilions and sbalI carefully compare .uch field
measurCJl1ents and conditions and other infonnation known to
the Contractor with the Contracl Documents before
commencing activilies. Errors. inconsistelXits or omissions
discOVClOd shall be reported 10 the Construction Manager and
Architect at once.
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3.2.3 The CODlractor shaD perform the Work in accordance
witb 1I1e Contract Documents and submittals approved
pur....nt to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION
PROCEDURES
3.3.1 The Contractor shan supervise and direct lbe Work,
usilll the Contractor', best skill and attention. The Contractor
sbaII be solely responsible for and have control over
construction means, method&, techniques, .equences and
procedUftS and for coordinating an portion, of the Work under
thio Contract. subj<<t \0 overall coonl.ination of the
Construction Manager as provided in Subparagraphs 4.6.J and
4-6.4.
3.3,2 The Contract.or sbaII be responsible to the Owner for
acts and omissions of the Contractor', employees.
Subcontraet.on and tOOr agents and employees. and other
pmons perfonning portions of the Work under a contract with
the Contractor.
3.3.3 The Contractor shalJ not be reJiC\led of obligations to
perform the Work in accordance with the Contra<:t Documents
dther by activities or dutiea of the Construction Manager or
Arcbilecl In their adminiilration of the Contract. or by tests.
Inspection. or approvala required or performed by penlons
other than the Contractor.
3.3.4 The Contractor shall inspect ponions of the Project
related to lbe Contractor', Work in order to determine that
,1ICh portio... lie in proper condition to receive .ubsequent
Work:
3.4 LABOR AND MATERIALS
3.4.1 Unle.. otherwbe provided' in the Contract
Documents. the Contractor shaD provide and pay for labor.
malerials, equipment. tools, construction equipment and
machinery, water, heal, utilities, transportation, and other
facilities and ..rvices necessary for proper execution and
completion of the Work, whetber temporal)' or permanent and
whether or not incorporated or to be incorporated in the Work.
3.4.2 The Contractor shallenfon:e strict discipline and good
order amonl the Contractor', employees and other persons
carrying out the Contract. The Contractor shall not permit
employment of unfit persons or per""n. not skilled in tasks
usillled to them.
3.5 WARRANTY
C) 1992 THE. AMERICAN IN)IIIUIt. Of ARCHlnCTS. 17J5 NtW YORI( AVENUtj N.W., W^SHINClTON. D'(,"f LUUUba5l,2. AlA OIJ{.UMt.NJ A20J/t;M.a
. GENERAL CONDITIONS OF THE CONTRACT FOlI CONSTRUalON - CONSTRUCTION MANAGER-ADVISER EDITION . 1992 EDITION . AlAe -
WARNING: Unlic."sed photCl(Opying: vIolates u,s. copyriS;ht laws and will subjlld' the violator T? leaal ~ro5ecur~. This d?Curnent wu
elearonicalty produced with permission of th. AlA ~d (an be reproducwd In accordance wifh your hcense wlthOu,t Violation untIl the dar. of
expirarion as noted below. U.., OoaImenf: 200;l\l13.120lcm..doc; - 412J112OO4. AlA license Number 1148073, which expires on 61snOO4.
El<<:tronk: Format A201ICM..1992
a
I 3.5.1 The Contractor wmanl$ to the Owner, Constnlction
M&Dager and Arcbitect that !ll.1leriil. aDd <quipmcnt furnished
I under tbe Contract win be of good quality and new un....
otherwise requiud or permitted by Ibe Conmel Documents,
that the Work wiD be f,..., from defects not Inhemn in the
quality requm.d or permitted. and lhat lb. Work will conform
with the requirements of lb. ConlrKt Documents. Work not
I conforming to th... r<qui..ments, includins ...bsUtutlon. not
properly approved and aulhorized. may be colUidered
dereL'tive. The Contractor's warranty exclude' remedy for
I damage or defect caused by abuse, modifu:aliona nOl ""ecuted
by the ConlUCtor, improl"" or insufficient lIlaintenance,
improper operation, or normal wear IIld tear under normal
usage. If required by Ibe ComlnKtion Manager or ArchiltCt.
I the Contractor shall furnim satisfactory evidence as to the kind
and quality of materials and equipmenL
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3.6
TAXES
3.6,1 The ContJaet<lr shall pay sale.. cOllSUmer. Ute and
.imiIar tax.. for tbe Work or ponIons lhereof provided by the
Contractor whicb .... legally tIlICled wben bid$ m received or
negotiations concluded, wheth... or DOl ytt eff<<\i>l! or merdy
s<h<duled to go into effect.
3.7
PERMITS, FEES AND NOTICES
3.7.1 Unless olherwise plOVid<d in Ibe Conlnet
Documents, the Owner shan secure and pay for the buildin&
permit and the Contractor sball ~ and pay for all other
pennits and gOvmlmenuJ fee" licen... and iDJpections
necessary for proper exel:ution and completicm of the Work
which are customarily secured .fter uealtion of tho: Contract
and which aR! legally requiml when bid, are received or
n..otlatioDl cOllcluded.
3.7.2 The ConlBclot shaIJ comply with and give nolic..
requiled by l.ws, onlinances, rules and topIations and IIWfuI
0J'd.,,, of public authorilies bearihS on perf01lllllllCe of th.
Wmk.
3.7.3 It is nol the Contractur's responsibilily \() ascertain
that the Contract Documents ato in IICCOrdance with applicab..
laWS, statutes. ordinance.. buiIdIna codes, and ruIos and
reaulation.. However. If the Contador observes thaI porti_
of the Contract Documents are at variance therewith, the
Contractor sh.n promptly notify the Construction M~r,
Architect and Owner in writing, and necessary changel shall be
accomplish<d by .ppropriate ModiJicaliolL
3.7.4 If the Conlractor performs Work kRoon, it to be
contrary to laws, st.luu.s, nrdina.bces. building cw., and rules
and r,sulations without such notice to tile Construction
Manlller, Arcbitect and Owner, t"" Conlnelor shall aosumt
fun responsibility for such Work and shall boor the attributable
c05lL
3.8
ALLOWANCES
3.8.1
The Cnntractor shall jnclude in the Contract Sum all
allowances sla.ted in the Contract'Documents. lteDlll cQvered
by allQwaJ1CeS shan be suppli..! for such amQUnts and by such
persons or entities as the Owner may direct, but the Contractor
shall not be required to employ peIiOns or enlilies against
whicb tbe Contr&<:ior make. ~.sonablt objection.
3.8.2 Unless otherwise provid<d in the Contract
Documents:
.1 materials and equipmenl unckr an allowance shall be
selel:l..! promptly by the Owner to avoid delay in lbe
Work;
.2 allowances shall cover the coil to the Contractor of
materials and equipment delivered at the site and all
rtquired taxes, les, applicable trade discouots;
.3 Contractor', coslll for unloading and handlin, at the
site, labor, installation costs, overhead, profit and
other expen.... contemplated for stat..! allowance
amounl.l shall be included in lbe Contract Sum and
not in the aIIowaD<:ea;
.4 whenever costs are more than or Ie.s than aUowanee.,
the Contract Sum ohall be adjusted accordingly by
Chao.. Onl6. The amount of the Change Order shall
rellect (1) lbe differe"", between actual costs and the
allowances under Clause .>11.:1.1 and (2) changes in
Contractor', costs under Clause .>8.2.J.
3.9
SUPERIIIITENDENT
3.9.1 The Contractor sball employ a COMpetent
superintendent :md noce$Hl}' assistant. wbo ohalI be in
attendonce al the project sit. during perfOftnllDCO of the Work.
The superintende1st shall represent the Contractor. and
collllDunications ~n to the superintendent shall be a.
blndins as if &Iven to the COIltnctor. Jmportant
COlDll1wtic.ationo mall be confirmed in writing. Other
colDlDuniutiona shal1 be similarly conllrmed on written
""lllatln each cue.
3.10
CONTkACTOR'S CONSTRUCTION
SCHEDULE
3.10.1 The Contractor, promptly after being awarded lbe
Contrllcl. slNllI prepare and submit for tbe Owner's aod
Architect'. information and the Construction Manager'.
approval a Conlractor'. ConstrUction Schedule for lbe Worl<.
Such scbeduJe sluill not exceed time limits cumot under the
Contract Documents, shaD be moiled at appropriate interVal. as
requir<d by tbe condiliOlls of the Work and J'roject. shaU be
related to lbe entire Project cOllltruction $C.bedlJle to the extent
required by the Contract D<xUlDents, and ohaD providc for
expeditious and pl'1lC\icable execution of the Work.
3.10.2 The Contractor shall cooperate with lbe C"".lU'uction
Man..er in sch<duling and performing lbe Contractor', Work
\0 avoid conDict, delay in or interference with the Work of
~ 1St92 THE AMERICAN IN~llIur~ Of ARCHITECU, II~ NtWYORK AVENUE~ N.W.~ WMtlII4CiTON. D.C.j lUUlAJ-529l. AlA DUl.UM~NT A201lCMa
. GENEIlAL CONDITIONS OF THE CONTRACT FOIl CON$T~UCTION . CON5TRUCTlON MANAGER.ADVISE~ EDITION - 1992 EDmON . AlA. .
WARNING~ Unlir.endd photocopying vlol"tes U.S. copyrisht l.-w, i1nd will subject the violator to legal' prosecutidn. This document war.
elKtronicaUy produced with permis.sion of the AlA and un be reproduced In iKcordafK;8 Wit" your fie.".. without violation un'U tn. date of
expir<<fion.. (1(JtwJ below. UHf Document: 200201!a201cma.doc -- 4I2811:()C:M. All. License Numb.r 114807), which e-xpire.t on 61512004.
Electronic Formitt A201lCM.a.1992
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<>Iher ContractOnl or the constructillo llf OperatillRS of the
Owner's own forces.
3.10.3 The CllotmWr shall prepare .nd keel' current. for the
Constructloo Manager's and Architect's approval, a schedule of
submittals whkh u c""rain.led with the COIltractor's
Construclion Sc\u!dule and allows lbe Constru<lion Manager
and Architec:t realOnab]" time to mri..... submill.1s.
3.10.4 The Contraclor shall cooCorm to the most recent
schedules.
3.11 DOCUMENTS AND SAMPLES AT THE SITE
3.11.1 The Contra<:tor shall maintain al the site for the
Owner one record copy of the Drawings, Specifia!illns,
adclenda. Cbange Orders and other Modifications. in llaod
ordrt and marked currenlly to record cb...... and $electlOllS
mad. dwing constnlction, and In addition approved Shop
Dnowings, Product D.ta, Samples and similar required
'ubmill.... These shall be .vailable to the Construction
Manager and Architect and shall be delivered to the
Construction Manag.. for IIlbmit~ to the Owner ul><>n
c()J1lplelion oBhe Work.
3.12 SHOP DRAWINGS, PRODUCT DAM AND
SAMPlES
3.12.1 Shop Drawings m drawings, illapms, lCbedula and
other data specWly prepa~ for lbe Work by the Contractor or
a Subcontractor, Sub-subcon_, m.nur.cturer, supplier or
disUlbutor to iIluo\nlte some portion ofthe Work.
3.12.2 Produ<l Data oR i\lurnations, standard schedule..
performana ehartl, irWuclions. broc:bum. diqrama md
othtr inform.tilln furnished by lbe Contractor to Illustrate
materials or "luipmeJJl for some portilln of lbe Work.
3.12.3 Samples IIle physical examples which illuatnte
mat.,;aIs, equipmenl or workmanship and es\ablish standards
by whicb Iht Work will be judged.
3.12.4 Shop Drawinp, Product Data, Samples and slmilor
,ubmillals are nOl Conlraf;t Doc:umcnls. The J'UIPOIl! of their
submiltal is \0 demons\ralt Cor th_ portion. of the Work for
which submittal, are "'quire<! the way the Contractor propo...
\0 confono \0 the inCormation given and the design concept.
~ in the Contract Ooc:uments. Review by the Arcl1ilecl
is subject to the limitation, ofSubparagr.ph '\.6.u.
3.12.5 The ContraCtOr shall review, .pprove and submit to
th. Construction Manacer, in accordanu with the schedule
and "'<iuence approved by the Construction Manager, Shop
Drlwings. Produ<t Data, Samples and similar submitlals
required by the Contract Documents. The ContraCtor sball
cooperate wilh the ConslrUction Manager in the coordination
of the Contractor', Sbop Drawings. Prod""t Data, Samp\ft and
similar submitlals with related documents submilled by other
Contractors. Submittals made by the Contractor which are nOl
'"'l.uired by the Con\raCl Doc:urnenu may be returned without
actIOn.
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3.12.6 The Contractor sball perfonn no portllln oC the Work
""luinna submittal and rrview of Shelp Dnwings, Product
Data, Samples or similar submiusli until the respective
submittal h.. been approved by tht CoooIructlon Manago< and
Architect. Such Work shall be In accordance wilb approved
s"bmittala.
3.12,7 By approving .nd submitting Shop Drawings, Product
nata, Sunplea and similar submitlals, the Contractor represents
that the Conlraf;tor hu cIettrmlned and verified materials, field
mea.wremenla and r..1d const:ructiOll criteria rdated thereto, or
will do so, and ba. checUd and coordinated the infonnation
contained wItItin such ...bmittals with the requirem.nll oC the
Work and of the Contract Documents.
3.12.8 The ConlRclor .hall not be relieved of respolllibility
for deviations Crom requirements of lbe ConlRcl Documenls
by the ConsllU<:lion Manager'. and Architect's approval of
shop Drawings, Product Da14, Samples or similar submittals
unIeu the ContfllC\or baJ specifically Informed the
Conllruction Manager and Archilec:t in writing of IIlch
deviation at lb. time llf submittal and lbe CollSlrUction
Manager and Architect b... given writleD approval to the
specific deviation. The Contractor shall nol be relieved of
respobSibility for errors or omiuions in Shop Drawings.
Product Pall, Samples or similor submittals by lhe
Construction Man,,&er. and Architect's al'provalthereor.
3.12.11 The Contractor shoO difeCt specific auention. in
writing or on resubmitted Shop Drawings, ProdllCl Data,
Sam"I.. or similar submittals, 10 revisions other lhan th.....
requested by the ConJtIuction Manager and Architect on
previous submiuala.
3.12,10 InContlllliobal wbmillar. upon which lbe
Construction Manager and Architect are DOl expected 10 tUe
responli" action may be so identified in the Contzact
Doc:umeDu.
3. 12.lT When proCessional certilicaoon of performance
criteria of ~orials, .ymms or "luipment iJ ""luind by the
Con\rld Ooc:uments. the Coostruction Manager and Archil<Cl
shall be entitled to rely upon the accuracy and compJeleDess of
s"cb caIculalions and urti!ic:atio....
3,13 USE OF SITE
3,13.1 The Contractor shall contine operations at the ,ite to
mas pennitled by law, onllnances, ptrmits and the Contract
Doc:umenu and shall nol "nreesonably encumber !be site with
material. Dr equipmenl.
3.13.2 The Contractor shaU coordinate lb. Contractor'.
operations witb, and secure tht a""rovaI of, the COllSll1lClion
Manager before using any portion of lbe site.
3.14 CUTTING AND PATCHING
10 l"l rH't AMtRfCAN INn'TUn:. Of AftCHI'~Cl!, '735 NEW TURA AVi:NUE, N.W.., WA~HIN~IUNJ D,L. LLJI...IIJD"529l. AlA OOC;UME.NI ^201fCMa
- GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION - <:ON5TRUCTION MANAGER-ADVISER EDITION . Igg~ EDITION. AlAe -
WARNING: unl/o;e/1K!d photocopylnll viola'es U.s. copyrlghr laws and will svbj.ct the viol.ror to I.g'" proMCution. This docu",.n. WI<
electronically prolt.lced wirh permission 01 the AlA and e", be r.producod In accordance with your Iiconsa wi'hou' ,iolation until the daro 01
expiraTion.. noted below. U..r Docu",on" ~OO2013.~Olcm..do<: .. ~8n004. AlA llcen.. Number '1018073. which .xpires on 6I5nOO4.
EI<<"'>ni< For..... A2D1JtM.-199l
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3.14.1 The COIlt",ctor shall bo" respon$ible for cutting. filling
or patching requin:d to complete the Work or to make ila parts
fit together properly.
3.14.2 The Cootraclor sbaD nol damage or endanger a
partion of 1M Work. or fully or parliaUy completed
cOllstrualon of Ibe Owner's OWT\ rorces or of other ContractOR
by cutting. palchi"8, excavlling or otherwise oItering such
conSlr\lclion. The Contractor sboll Dol cut or otherwise .Ilet
such construction by other Cuntraclon or by t"" Owner's own
forces except with written coment of the Coolllrllction
Man.,er, Owner and such other Contratlora; such conse.ul
shall nol be unreasonably withheld. The Contractor shall not
ulU9lOnably withhold from the other ContractoR or the
Owner the Contraclor's consent to cutling or otherwise a1terlnc
the Work.
13.5 ClEANING UP
13.5.1 The Contraclor shall keep the premiset and
surrounding area rree from accumulation of _ _1aIab or
rubbish caused by operation. undu the Controc\. At
completion of t.b< Work the Contractor shaU remove from and
about the Project ..".te materials. rubbish. Ihe Con_'s
lools. construction "'Iuipm<:nt, machinery and surplus
materials.
3.15.2 If the Canlraact fails to clean up all provided in the
Contract DQCummu, the CansttuctJon Man.,er may do so
\>lith the Owner's approval and the am tbOlrOf sball be cbarged
to t~ Contratlor.
3.16 ACCESS TO WORK
3.16.1 The ContraClor shall provide the Owner, Consuuction
Man.,er and Archit.ct ace... 10 the Work in p~r.tion al>d
proCl"e$S who"..r located.
3.17 ROYALTIES AND PATENTS
3.17.1 The Cootrador shall pay all royaltid and license f_
The C<m'-tor shan defend suits or claimt for infringemtDI. of
patent rixhla and &baU hold the Owner, CollJ\ruclion Manaaer
and Architecl bannless from 1068 on account \hQoot; but sIIan
nol b. "'spon.ib!e for such d.fense or loss when a particular
design. process or prodUd of a particular tnanulicturer or
manufacture", is requi",d by the Contraa Do<;umenla.
H_or, if the Contractor bas rellSOll to believe that the
required de.ign, proce.. or product is an infringement of a
patent, the Contraclor shall be responsible For such Iou unless
such information is promptly fumishm to the Archilect
3.18 INDEMNIFICATION
3.18.1 To the fullnt <Xt.nt ""rmilted by law. the Conlracl.or
sball indemnify and hold haCI1lk.. the Owner. Conslruction
Manager. Architect, Construction M""..get's and Architect'.
con.ultanu, a.nd agent. and employee. of any of them from
and against claim.. damagtl, losses and expenses, including but
nollimitm to attorney.' F.... arisib8 out of or resulting from
pettorm4ll<:e of the Work. provided that such claim, dam.,e.
loss or expense is allributable to bodily injul}', sickness, disca..
or Math, or 10 inilllY to or destruction of laIIgible property
(other lh4D lhe Work itselO including loss of use r.sulting
therefrom, bul only 10 the extent caused in wholt or in pan by
neglJgent acts or omission. of the Conlractor, a Subcontractor,
anyone di",ctly or iJldireclly employed by them or anyone for
whose act. they may be liabl., regardless of wheth.r or not such
claim, damaS.' loss or expeDSe is caused in part by a party
indemnified hereunder. Such obliSalion shall nol be construed
to negale, abridge or reduce olher righla or ohligation. of
indemnity which would otherwi>e .xist as to a pony or ""rsolt
described in this ransraph 3-l8.
3.l8.2 In claim6 against any person or entity indemnified
under this Puagraph 3-18 by an employee of the Colttractor, a
Subcontractor, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable, the
indemnIIlcallOll ob~etion under this Paragraph 3-18 shall not
be limited by a linutation on amount or type oC damage..,
compensotinn or beJlefits payable by or Cor the Contractor or a
Subcontractor under worbts. compensation aelf, disability
benefit acts or other employee ben.frt act..
3.18.3 The obli;ations of the Contractor under this
Paraarapb 3~8 I1IWI not extmd to the liabilily of the
Construction Manapr, AttlUltCt, thell cOJl.ultanl.l, and allenu
and .mployees of IIIIY of them ari.ing oIIt of (1) the prepantlon
or approval of maps. drawiD&s. oplnioos, reporto. """,.ys,
CIwige Orders. designs or specifJC&tions, or (2) the giving of or
the lail_ to Bin dinctionJ or instructions by the
ConstrUCtion Mallagor. AttlUte<:l, \heir conaultan\S, and il&cnlS
and employees of any of thelD provided such giving or Cail=
to give is the primary cause of the iniul)' or damage.
".1
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
ARCHITECT
".1.1 The .Architect is the penon lawfully IiceDJed to
practia ....bilecllft or aD entity lawfully practi<:ing
arcbltecture identlJied.. such in the Agreement and is ",fened
to thnllJ,hout the Contract OQCumenls as if singular in
number. The lenn . An:hitect' means the Architecl or the
Arcbitect'. authorized rep.....nlativ..
".2 CONSTRUCTION MANAGER
4.2.1 The COllOtruction Manager is the ""rson or f'fluty
identified as such in the Agreement and is referred 10
throughout the Contract Documenu as If singular in number.
Th. tenn 'ColUtruct!on ManaF" means the Cooslruclion
ManaSer or the Con>ttuctlon Manager', aulhoriud
rep.....ntative.
4.3 Duties, ",sponsibilities .nd funil<ilioM oC authorit). of
the Construction Manager and Architeel as set forth in the
Con'-t OocUlIlcnts shall nol be restricted. modified or
tlltended without written consent of the Owner. Conl1ruction
01912 THE AMERIc;AN INSTHUTE O~ A.Rc,."n:ca. 1735 NEW YORK AVENUE, N.W., WA~HIN(JTON. D,C;" .l\ArwD-51!:11, A.IA U{Jl.UME.NT A20lICMa
. GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER.ADVISER EDITION - 1992 EDITION - AlAe .
WARNING: unlicensed photocopyins vw,es U.s. copyright liM's and will sub~t 'M violator to legal prOHCU,iOlt. ThJs OOCUmf'"' wa5
.'.aroni~al/y pr:odUC*d with ptrmiuion of the AlA ill"ld t;an be reproduced In accordance with your hoInse withour viotation until the d,t. of
expiration a. noted below. User Documel'lt: 20020BI201c:ma.doc .... 4/2812004. AlA licahf. Nf.nnl>>r l1480n. which .up.... on 61512004,
Electronic format A2Ql/(.M.1992
II
Manager, Architect and Contractor. Consent shall not be
unreasonably withheld.
4.4 In case of "'nnination of employment of the
Construction Manager or Architect. the Owner shan appoint a
constn.ction manager or architect against whom the
Contractor makes no reaoonable objection and whose statu,
under 1m Contract Docllmenls shall be that of the former
construction manager or arcl1ited, respectively.
4.5 Disputes arising W1der Paragraphs 4-3 and 4-4 sbaIl be
subject to arbitration.
4.6 ADMINISTRATION OF THE CONTRACT
4,6.1 1M CowtructioJl MaJl811tr and Arcbilect will provide
administration of the Contract as described ib the Contract
PocumeDt.. and will be the Owner'. repRSelltatm. (1) during
constructlon, (.) until final payment i, due and (3) with the
Owner', concurrence. from time to time during \be comction
period described ib Panaraph 12.1. The Construction Manllltr
and Architect will advise and consult with tm Owner and will
bave authority to ad on bebalf of the Owner only to the extent
provided in the Contract DocUlnent.s, unless otherwi..
modified by written instrument in accordance with olber
provisions oUhe ContraGt,
4.6.2 The Conotru<:tion Manager will determine in general
that the Work i, beulg performed in accordana with tbe
requirements of the Contract Documents, will keep the Owner
informed of the progress of the Work, and will endeavor to
guard the Owner against defects and deficiencies in the Work.
4.6.3 The ConstrUction Manager will provide for
coordinatiOfl of the aaiviti.. of other ConlD<:lon and of the
Owner', own forces with the Work of the Contractor, who ,ball
cooperatr with them. The Con_r shall parli<:ip,te with
other Contractors ""d the conl\rudion Mana.er and Owner in
reviewing their construction schedules when dlroct.ed to do so.
The Contractor .hall make any revWOD' to the construclloD
schodule deemed necessary after a joint _iew and mutual
agreement. The con.lJuclion schedules shall constitule the
schodules to be used by the Contractor. other Contractors, the
Construction Manager and the Owner until suboequently
,evWod.
4.6.4 The Construction Manaser will schedule and
coordinate the activities 0( the Contractors in occordanu with
the latest approved Project conltruclion ""bodule.
4.6.5 The Architect will visit the site at intervals appropriate
to the stage of construction 10 become generally familiar with
the progress lUId quality of the completed Work and to
dmrmiM in general if the Wor.k is beina performed in a
manner indicating that the Work. when completed. win be in
aa:ordance with the Contract Docum.nts. However, the
Architect will not be requirl:d to make exhaustive or
continuous on-site ilupections to chock quality or quantity of
the Work. On the basis of on-site observation. a, an architect,
the Architect will keep th. Owner informed of P"'llress of tbe
Wark, and will endeavor to guard the Owner agllin.. defects
and deficiencies in the Work.
4,6,6 The COllSI1UClion Manager, except to the extent
required by Subparagraph 4-6.... and Architect win not have
control uver 01 charge of and will not be responsible for
eool\ruction means, methods, techniques, sequence, or
pro<eduJes. or far safety procautlons and programs in
coonoction with the Work. since these are solely the
Contractor's responslbllity as provided ib Paragraph J.J, and
neither will be responsible for the Contra<:tor's failure to carry
out the Work in accordance with the Canlrllct Documents.
Neither the Coll$\ruction Manager nor the Architect will have
control over or charge of or be responsible for acts or omissions
of the Contractor, Subcontractors, or their agent. or .mplol""">
or of any othef pehlJliS perfonning portions of the Work.
4,6.7 Communications Facilitating Contract
Administration, Except as otherwise providtd in the
Contract Doaunents or when dlrect communiealiODll bave
been ,pocially authorit.ed, the Owner and Contractor sball
communicate througb the Construction Manager, and shall
<<lntemporaneously pIUVide the same communkaliOJ1s 10 the
Arehl",ct.. Communications by and with tm Arehitecl"s
consultants sball be through the An:hilecl. CommUhicatiolli by
and with Subcontractor> and material suppliers ,hall be
througb the Contractor. Communications by and with other
Contractora shall be thJ"QUgh the Construction M,nager and
shall be contemporaneoU&ly provided to the Arehited
4.6,8 The Construction Manlller win roviewand cerUIY all
Application, for Payment by the Contrador. including final
payment. The Construction Manager will ....mble each of the
Contractor', Appllcalicma for Payment with .imilar
Appllcatioo, from other Contractors into a Project Application
and Praject Certifica'" for Payment. Aller reviewing and
certifying the amounts due the Contractars. the ColUtrlJction
M""Iller will submit the Project Application and Project
Certifica'" for Payment, along with the applicable Contractors'
Apptiealion. and CertiJicatos for PaYUl"nt, to the Archilec:t.
4.6.9 Ba,"" OD the Archilect'. ohaervaUons and .valuations
of Contraclon' Applications for Payment. and the certifIcations
of the Construction Manager, the .Architect will review and
certify the 8DI0UDU due the CODtractors and will i..... a Project
Cerlilii:ate (01 Payment.
4.6.10 The ArcbiUd will have authority to reject Work
which does not conform to the Contract DOC1.Iments, and 10
requift additional inspectIon or testin&, in atcotdance with
Suhparagraphs 1J.5.2 sod 13-5-j, whether or not such Work is
fabricated, installed or completed, but wiD take such action
only after notifying the Constructioll Manager. Subject 10
review by the Archim:t, the COJUlruction ManaKer will have
the authority to roject Work whidJ does nol confonn 10 the
Contract Documeou. Whenever the Conl\ruction Manag.r
considen it necessary or advisable for implemenlalion of the
in"'ot of the Cootract Documents, the Construction Manager
will have authority 10 requ~ a<kIjlional impeclion or lesting of
the Work in acconlance with Subparagraphs 13-5.2 and 1J.5.3o
whether or not sueh Work i. fabricated, installed or completed.
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Q 1992 THE AMt.KILAN IN:tlllU Ii. at ARCHII~c.;I.s. '7~!i NlW YORK AVENVE. N.W.. W,oUHJNGTON, D.L, .lUWII..)l~l, AlA OOCUMENI A1011CMa
. GENE~"'L CONPITlONS Of' THE CONTRACT FOR CONSTRUCTION . CONSTRuCTION MA.....GER-ADVI$ER EDITION - 1992 EDITION - AlA. -
WARPjIPjG; unJictfl.ed ptlotocopyinS viola,.. 11.5. copV'"iShl law. and will .ubjett ,he vlolaror to leaaI prosecution. This doc....n' was
eiectroniullv produ.:.d witn ~rrni"ton of the AlA and an be reproduced in ICcDrdance with your IIc.nse wifhouT violaflon until the date gf
expirat;on .5 noted bek:Jw. User Documenf~ 2OO2013a201cml.doe - -412812004. AlA license Number n..go73. which expires on 61511004.
El<<rronic For",., A201/CMa-199.2
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The foregoing authority of the Conslruction Manaaer w!Il ...
subject to the provisions o(Subparagraphs 4-6.1' through ...6.20
inclUllive, with respect to interpretalions and d<<isions of the
Architect. However, neither lhe An;hitcct'. DOl the
Conotruction Manager's authority 10 act under this
Subpangraph 4.6.10 nor a dedsion made by either of them in
good faith either to exerd.. or not to e""rcUe such authority
sball give ri.. to . duty or responsibilily of Ibe Architect or the
Conmuctiou Manager to the ContrllCtor. Subl;ontractors,
material and equipment suppliers, their agents or employees, or
other peno.,. performing any of the Work.
4,6.11 The Construction Manager w!Il receive from the
Colltractor and RView and approve all Shop Drawinlll> Product
Data and Samples, coordinale th.m with information received
from otMr Contracton, and tralWnit to the Arcbiled thole
recolDlJ1ended f<>>: approval. 1M Construction Manaaer's
actiosII will be token with SIICh reuonable prompton& as 10
cauae no delay in the Work oftlreConlnc\o{ or in the activities
of other Contractm.the Owntr, or the An:bilect.
4.6.12 The AtclUtcct w!Il review and approve or take other
appropriale octi":n::f.on the Contr_'s slIbmiUals such as
Shop Drawings, uct Oat. and Sample>. but only fO( the
limited pIIfpOSC of checking for conformancc with information
given and the design concept expressed in the Contract
Do<uments. The Archil<cl', action win ... twn witlr tucb
......""ble promplness as to c..... no delay io lhe Work of Ibe
Contractor or in tire activilles of the other Contractors. the
Owner. or the Construction Manager. wbile allowing sufficient
time in tht Arthitect's rrofessional judgmenl to pennil
adequate rovicw. Review 0 such aul"nittals is not collrlooed
for the purpose of detmninins the accuracy and completer>eM
of other details sucb as dimensiolUl and quantities. or Cor
submntialinl instructions for installatioll or perfonnance of
equipment or syslems, all of which remain the responalbility of
the Contnctor as requiltd by lire Conuac\ Documents. The
An:hitect"s review of lbe COIlllaCtor's aubmltta\s shall nO!
relieve the Contcactor of the obligllliona under P....graphs 3-30
3-5 and 3-12. The ArchitKt'. micw shall nol conatilUte approval
of safety precaution. or, unless otherwise specifiully stated by
tire Ardritect, of any construction means, mdbods, technique..
sequences or procedures. The Architect's approval of a specific
item shall nOl indicate approval of an assembly of whii:h the
item is a .:ompon.nt.
4.6.13 The COhSlrUCtion Manager will prepare Change
Orden and Conslrut;\ion Change Directiyes.
4.6. \4 FoUowing consultation with tire Co1U\ruClion
Manager, the Architect will takt appropriale action On Clw1se
Order> or Con$\:tUCtion Chanse DiRct.ives in accordance wilb
Artidc 7 and will have aUlhority 10 order minor changes in the
Work as providrd io l'aragraph 7.4.
4.6.15 The Construction Manager will or.aintaln al the site
for the Own.r one record copY of all ContnclS, Dnwinso,
Spocificatlon.. addenda, Chanse Orders and olber
Modification.. in good order and marked currently to rrcord aU
changes and sclections mad. during construction. and in
addition approved shop Drawings, ProdUCI Data, Samples and
sitnilar required submittals. These will be available to the
Arcltllec\ and the Contractor, and will be deli.tIed 10 the
Owner upon completion of the Project.
4,6.16 The CClIISUIKtion M.....r will...is\ th. Arcltlte<:t in
condU<:ling inspections to determin. the dates of Substantial
Completion and final cOlr1plctlon, and will receive and forward
to the An:hileel written warranlles and related document'
requittd by the (".ontract and auembled b)' the Contractor. The
Construction Manager will IOrwarrl to the Archi\eCt a final
Project Application and Project Certificate for Paymenl upon
compliance with tire requiremenu of the Contract Documents.
4.6.17 If tJrc Owner and Axhilect asree, the Archilect will
provide one or mew projrct repre<tnt.tives to ...;st in carrying
oul the ArchItect'. responsibilities It tire sile. The dUli.s,
mpolllibilities and Urnl\atiOJ1S of authority of such project
reptaenl8tlvea shall be II oe\ forth in an exhibit to be
incOlJ'Oraled in the Contract DocumentJ.
4.&.18 nu, Arthilect will inlerpret and decide matters
concemillll performance under and requirtmenIJ of the
COllll&a Documer>ls on written reqW!St of lhe Conotruction
Manoger, Owlltr or Con\radOl. The Architect's ..spon.. to
such requ_ will ... made with re..onable promptness and
witlrin .ny time IimlIJ asreed upon. If no ag..ement is made
concerning the lime within wi1ICh inletpreU\tions required of
the An:biIeet sbaJI be furnished in comptilnce with 1m.
Paragraph +6, !ben delay obaII not ... recngnized 00 accounl of
failure by tire Archilccl to furnish sucll interpretations until 15
dara after wrilten request is m&de (or them.
4.6.\9 Inlef\lll'lalioD' and d<<iaiOIll of 1M Architect will be
consistent with the inlen! of and ~Isonably inferable from the
Contract Documenla and will be in writing or in the form of
drawings. When maItiDg such interpmalions ond decisions, the
Archilccl wilI_ndeavor to secure faithful performance by both
Owner and Contractor. will nOl show putiality 10 either :and
will nOl be liable for rtsUlts of interpretations or decisions 10
readem! in good faith.
4.6.20 TIre Arthittcl', decisions on matters relating 10
aesthetic e<<ect wiD ... tinal if conoisteDt with the intent
<ltpfeIIrd in tIrr Contcact Documents.
4.7 CLAIMS AND DI5PUTES
4.7,1 Definition. A Claim is I demand or assertion by on_
of the parties seeking, II I mailer of rislt!, adjustment or
in\erpret.ation of CoDtract lerms, payment of money. e.ten,ion
of lime or OIher relief with respect 10 the tem'lS of the Conine!.
The Icnn "Claim' also includea olher disputes Ind maliC.. in
question bel...en !be Owner and Contractor arising out of or
relating 10 Ibe Contracl. Claims must be made by written
notice. The ...pollliblli\y to substantiate Clai!ns sIIaII rest witlr
the party making the Claim.
4,7,2 Decision of Archit.ct. Claims, including those
a1!e1iDa an error Dr omission by the Construction Manlger or
Arcbitict, >haD be referred initially to the Archited for action as
provided In Puograph 4-8. A decision by tJrc Architect. IS
CI I~l (HE AMt.RICAN lNSTllUH: Of' ARCHIl.U:I), liS) NEW YORK AVt.NUt. N.W.. WMHIT<<iIUN, D.C.. ~:'1'1. AlA POlUMENl A2Q1/CMI
_ GENERAl CO//OlTlONS Of HIE CONTRAO fOR CONSTItUCTlON - CONST~UCTION MANAGER-ADVISER ElllTION . 1992 EDITION . AlAe -
WAItNING: Unlicensed pl>otocopyi"ll viQIa..s U.S. copyri8~j I_s Ind will subjO<t "'" .101."" 10 10811 prose<utian. This document woo
,'e<tronkolly ptoduc.d wir~ permi..ion 01 the AlA .nd can be "prod",.d In accordance with your license without violation until tho dare of
..pir.rion as not.d below. u.... Document: 20020131201c......o"" - 4/2812004. AlA License "....ber 1148073, which e""ir., on 6/512004.
Electronic format A20VCMa-1992
1)
provided in Subparagraph 4-8.'\, shall be required as a c(lDdition
pre<:ecl.nt to arbitration or litigation of a Claim betWtl!n the
Canllador and Owner as to aD iucl1 matt.n arising prior to the
date fInal payment is due. n:gardl... of (I) whether such
matlers relate to execution and prag.... oftbe Work or (.) the
extent to which the Work has been completed. The decision by
the Archite<:t in r..poll6O to a Claim .haIl nol be a condition
pr<ctdent to arbitration <IT litigation in the ev.nt (1) 1M
position of Atthitect i. vacant. (.) the Archilect has not
rereived evidence or h.. failed to render . decwou within
agreed time limiu. (3) the An:hitect has failed to take Iclion
required under Subparagraph 4-8.4 within jO days wr Ibe
Claim is mode. (4) 4S d.y. have paacd &lier the Claim has been
referred to the Architect or (s) the Claim ",lates 10 a mechonic'.
lien.
4.7.3 Time limits on Clllms. Claim. by either party
mull be mute within 21 days aIler O<OJrreDCe of the event
gjvin. risI= to such CI.im or within :l.I clay> after the claitnant
fusl w:OfjnUea the coodition giving rise to 1M Claim.
whichev.r is later. Claims must be made by wrltt.n nolice. An
additional Claim made .ft.r the initial Claim has been
implem.nted by Change Onler will nol be consid.rtd unleSl
submitted in . timely manner.
4.7.4 Continuing Contract PtIrformance, Pending
fInal resolution of . Claim including .rbitration, unl.ss
otbetwise agreed in writing th. Contractor shall proceed
diligently with performanu of tbe Contract lIIld the Own.r
shaD continue to make paymtnu in .cccmlance with the
Conlnct Documents.
4.7.5 WaiWlr of Claims: Final Payment. ~ making of
IinaI paym.nt man constitute a waiver of Claim. by the Own.r
.xcept those arising from:
,1 liens, clainK. security interests or encumbnnc..
ari.inl out of the Conlractand unsettled;
.2 failure of the Work to comply with the requimnenu
ot th~ ConlJ3ct Doeumenls; or
.3 telDll of ~jal _ties ""IUiled by the ColllJ2ct
Documents.
4.7.6 Claims for Conce.led or Unknown Conditions.
If conditions are encouotered at the site which are (I)
subsurface or oth.rwise concealed physical condition. whiclt
differ mateialIy from those indicated in th. Contract
Documenlo or (2) unknown physical condilions of an unusual
nalure, which differ materially from thooe ordinarily found to
exist and g.n....lly recognized as inh.rent in construction
activities of tM char.cter provided for in the Contract
Documents. th~n notice by the observing party shall be given to
the other party promptly beto,," conditions are disturbed and in
no event later th.n 21 clay> after first oboervance of the
condition&. The Archil.ct will promptly investig.te such
conditiono and. if they cliffer lllaltrially aOO tall.lt ... increase
or decrease in the Contractor', cost of. or time required for,
perlormance of any pall of Jb.! Work, will recommend an
equitable .djustment in the Conlraa Sum or Contrad Time. or
both. I f the Architect det.rmines that the conditions at the site I
are not materially diffe",ot from tbase indi<:ated in the
Contract Documenls and that nn change in the terms of the
Contract is justiliod. the An:hikcl shall "" not!fl' the Owner I
and CanU-actor in writing. stalinl th~ reasons. Claims by .ither
party in oppo.itiolltO such detennination mu.s1 be made within
:l.I day> after the Archite<:t has given nolice of tht: deci.ion. If
tile Owner and Contractor cannot agree on an adjustment in I
the Contract Sum or Contrac1. Time, th. adjwunent shall be
referred to the .Archit.ct for initial detemtination. subject to
further proceedillia pursuant to l'aragraph 4-8. I
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4.7.7 Claims for Additional Cost. If the Contractor
wiab.1 10 make Claim for an increase in the Contract Sum.
written notice as provided herein shall be given before
proceeding to eucule the Work. Prior notice is not required for
Claims relating to an emergency end8lllering life or property
arising under Paragraph to.}. ~i- III. C^~f..rtor t..IlC"..
.add.i1Hm~rtsilWftlvM Frw r-1I91Y ilteWdqohwl uvl uiMQ
_to (I) . Vt~1D iRtI'PnLttiBIl Rom th" An..hI~1 (.&) Ifj, Bftk.r
bythc C'/lBer "c ct"'p ill,. Wn.~ \&lib",. tIv CoaU..nnr.was....nol
-~faWt,.- (3) a "1riI1.1I arelN fer ..-mineH:~in-the--Work
iaslled.hr-th4 AIchit<<t. (4) !ioih,.. of par-nl hr- the Qwnu,
. (5t lel"tItinatiol. ..f t1~ Cunll...... by t1.< ewucr.t6t Owlter'.
-. RIIF1ITA:"R af (7) ether NUaft.altIc pl>uudi, Ch..='u'ik~ be- fil.t
itt~c JUst< ,MIl. the f'1'MJure estal.I;m."j.h-m.
<:lx....:5.ffJ [CY(o.'.A1.,}-,-"rs 4.'71
4.7,8 Claims 'for Additional Time.
4.7.8.1 IFth. Con\n.:tar wishes 10 lUaU Claim for an increa..
in the Conlract Time, written notic:e.. provided herein shall be
given. The COIIlraclor'. Claim >hall include .n estimate of coot
and of probable effect of dday on prosma of th4 Work. In lhe
cue of a continuing ~lay only one Claim ill ne<:essary.
4.7.8.2 If advene weather COltditions are the basi. for a Claim
for addilionlll time, suclt CIoiJn sholl be documented by data
subotantiatilli that weIth... conditions were abnonnal (or the
period of tim. and could not have """n reaSOl1obly anticipated.
and that _ther conditions had an odvme .ffect on 1M
scheduled construction.
4.7.9 Injury or Dalllllge to Person or Property. If
either party to the Contraa suffers injury or dam"lle to penon
Or property beause of an act or omission of the other party, of
any of the other party's employees or agtnts, or of others for
whOle acts such party is legllly liabl.. written notice of sucb
injury or damage. whether or not in...red. shIll be ~n to tbc:
other party within a "'UODable time not exceeding 21 days .fter
first .I\'ance. The notlct shall provide sutlicient detail to
en.hletbe other party to inv.lligate the maIler. If I Claim for
additional cofi or time related k> this Claim i. to be assened, it
.ban be filed as provided in Subparagraphs 4.7.7 or 4-7.&.
4.8
RESOLUTION OF CLAI MS AND DISPUTES
4.8.1 Th. Architect will review Claim..nd take o~ or more
of the followinR preliminuy actions within len clay. of receipt
of a Cloim: (1) requeot additional .upporting d.ta from the
claimant. (2) submit. schedul. to the parti.. indicating when
th. Architect expects to tak. action, (3) reject the Claim in
~ 1~2 THE AM[RICAN INSTil U I t. ot' AftC:HITE:l;l). I/j~ NE,W VORK AVt.NU~. N.W.. WMHINGTON. D.C.. lOOOb-~2Y2. A'A UU~UMt.NT A.201/\.,Ma
. GENERAL CONDITIONS 0' THE COrflRACT '011 CONSTRUCTION . CONSTRUCTION r-lANAGER.ADVISER EDITION . 1992 EDITION . AlAe .
WARNING: Unlicen.ed phoTocopying .iolal\l. U.S. copyrlg/lt low. .nd will .ubject Tho .ialator to I.S.I p"'......Han. This document wa.
electronically produced with permission of the AlA ~d can be reptOduc.J in ~rd.nce with your license without vto!.tlo,", until th, dat. of
upitltlon as noted below. U!i.r Ootument; 1OO2013a201cm.,doc _ 412812004. AlA Lic.,.J, Nl,Imber 1148073. which upil1l5 on 6/5/~.
ElKfrOni( formal A2011CMa.1992
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whole or in part, slating reuono for rejection. (4) recommend
approval of the Claim by the other party or (5) .ugaett a
compromise. The Architect may also, but 11 nOl ohligated to,
nolify the surety, if any. of the nature and amount of the
Claim.
4,8.2 If a Claim baa been resolved,tbe Arcbitect win prepare
or obtain appropriatE documentation.
4.B.3 If a Claim has not been resolved, the party malcing the
Claim shall. within WI days after \be Arcbltect'. preliminary
respon... take 0'" or more ofth. following acticn.: (I)...bmit
additional supporting data requested by the Architect, (,)
modIfY tbe initial Claim or (3) notify the ArcbikCI thlt the
initial Claim !WId..
4.8.4 If a Claim has not been resolved after consideration of
the faregoiug and of further rodenc. pme:nted by tbe panies
or requested by the Architect, the Architect will notify tbe
parti.. in writing that the Architect's declaIon will be made
within seven days. whicb deci.ion shan be final and blDdin& on
the parties bul wbject to Illbitration. Upon expiralion af sucb
time period, the Architect will render 10 the parties !he
Archit..,t', written detision IlOlativ.lo the C1alm, includinl any
cbulgc In the Contract Sum or Contract TIme or bath. If there
i> I AJUlyand there appe... LO be a poaoibiliLy of a ContracLor's
defswt, the Architect may, but ;. not obligated 10, notify the
surety and request the SUfe\y's assistance in molvins the
cantroveISy.
4.9 ARBitRATION
'4.9.1 Controversies and Claim. Subject tIS"
Arbitration. Iwy controversy or ClJim arillD&
related 10 the Contract, or the brtoch thereof. sh sett~ by
mntraLion in accon\anco with the Co clioo Industry
Arbitration Rulel af the Americln . '00 Aaodation. and
iuc1&ment upon the aWl'" re by the lIlbItrator or
arbitrators may be entered any court baving jurisdiction
thereof. ""cept tan . or Claims Itlatinl Lo aesthetic
e/Teet and except th ail'ed as provided for In Subpa......ph
4.7.5- such con etsits or Claims upon which the ArcbItect
has giv.n e and rendeml a decision as plOVided in
Subp ph 4-8.4 shall be .ubjectlO lIIbitnsLion upon wrlt\en
of either pony. Arbitration DIllY be commenced when
aya have passed after a Claim has been ....r.rrod La the
ArchiUd. as provided In Paragraph 4-7 and no decision hu been
rendered. '~0e... S . G:>-.:.l:t'G\AS i.. 1
4.9.2 Rules and Notices for Arhltratlon. Claim,
between the Owner and Conlla<:tor Dol resolved under
Paragraph 4-& shal~ if subject to ubItration under
Subparagraph 4.9.1. be docided by lIlbItration in acco"'ance
wlLh tb. Construction Industry ArbitnLtion Ru/ft of !be
Amentan Arbitration Association currently in efTeet. unless the
parties mutuaUy '8''' otherwise. Notke of demo"" for
arbitration shall be liIod in writing with the oIher pony LO the
Agreement between \he Owner and Contractor ane! with th.
American Arbitration Associalion, and copies shall be liIod with
the ConltnJctlon Man.,er and ArchitecL
4.9.3 Contract PlIrformance During ^rbitration.
DuriDg arbiualioD proceedinga. the Owner and Contractor
sball comply with Subparagraph 4.74-
4,9,4 When Arbitration May Be Oamanded. Demand
for arbitration of any Claim may nol be made unlilthe earlier
!>f (,) the date on whicl1 the Architect bas rendeled a final
writlen decision oJ) the Claim, (2) the tenth day alier the
parties have presented eviden<:e to the Architect or bave been
giVtft reasonable oppoll.unity 10 do so. if the Architect has not
rendered a fmal written decision by that dale, or ()) any of the
five events d...:ribed In Subparaaraph 4.702.
4.9.4.1 When a written decision or Lhe Architect sLal.e8 that (l)
the decision i. final butlubjectto arbitration and (2) a demane!
for arhltration of a Claim covered by such dee.ion mlLd. be
made wilbin 30 days after the date on which the Plll1Y making
the demand receives the fmal written dedslon, then failure to
demane! arbitratian within said 30 d.Y" period sMlI resull in
lb. AtclIitecL'. decision becomin& fin.J and bIDding upon the
Owner and Contraclor. If the ArchileCl renders a decision .lier
adMlrltian proceeding. have been initiated, sucb docision may
be entered as Mrlence. but .nail lIot supersede arbilrlLion
proceedinp unless the d.cision is acceptable LO all parties
conr.cmed.
4.9.4.2 A demand ror aro;tratlOll shaIJ be made witbin the
time limits specifltd in Subpa....raphs 4-ll.1 and 4-9-4 and
Clause 4.9-4-1 .. applicable, and in other cases within a
reasonable time after the Claim has .risen, and in no event shall
it be made after the date when institution of legal or equitable
proceedlnp belled on such Claim would be baned by the
applicable statute of Iimitaliolll .. determined pumwtt to
l'arlJrlph \3.7.
4.9.5 Limitation on consolidatloO or JoInder. No
arbitration arising aut of or relating 10 the ContrllC\ Documents
sMlI include, by consolidation or joinder or in any other
manner, the Conlllr:t1clion Manager, the Architect, or the
eonstruction Manager'. or Architect', employwi oc
coolUlu.nta, except by writltD consent containing specifu:
reference to th. Agltement and siguecI by the ConalrIIction
Mana..r, ArcbItect. Owner, Contractor alld any other penon
or enllly _sltt to be joined. No arbitration shall include, by
consolidallon or joinder or in any other manner, parties other
lhm the Owner. COIlllaClor, other Contractors as described in
Article' and other ptnons substantially involved in a common
qutllion oE /'act or law whose p......nce . required if compl....
reneE DIo he accOlded in arbitration. No ptrsoDl or entitles
other tbsD the Owner. Contractor or otber Contraclors a.
defined in Subparagraph ).1.' shall be included as an original
tbird pally or additiooal \hi'" party LO an mnttaLion whOOt
interest or responsibility is insubStantial. Consent to arbitration
involvinJ an aclditional penon or etttlty shan nol conSlitute
co....nt to arbitration of. dispute nol described therein or with
a person or entity not named or dcscribed therein. The
forqolng agreement 10 arbitraU and other agreemenlo Lo
arbitrate with an additional person or entiLy duly consenled 10
by partie5 10 the Agltement shan be specifically enforceablt
under applicable law in any coun havinl jurisdiction thereof.
01992 II'U. AMERIcAN 1N5T11UIt. OF ARCHlftCl~. IH~ NEW YORK AVENUE. N.W.. WA,SHINtfIUN, D.C., .lLUJP-SlSll. AlA llU\.uME;NT A20llCMa
_ G~N~RAL CONDITIONS Of TH. CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER.ADVIUR EDITION . 1992 .DITION . AlA. -
WARNING' Unlicensed pholocopying viola... liS. copytigh' I.",. and will .ublot' the violator '0 ..gal proso<utlon. ThIs docutnent wa,
electronically produced with permislion of-the AlA .nd can be reprodLJC;ed In accordance with yaur license without viol4ltton until rne datI! of
oxpiralion al noted bebw. U.er Documen" 2OO2013a2DJ<m.,doc: - 4I1l!12OD4, AlA License Number ll~!, which ..plres on 6/512004.
Electronic Fo,m.t A20l1CMa-1991
15
4.9.6 Claims and Tlmlly Assertion of Claims. A pany
who fdes a nolice of demand for arbllrallM must assert in th.
damand all Claims then known 10 thai parly on which
arbilration is permitted 10 be damanded. Whan a parly rails 10
include a Claim throuRb ovarsishl. inadverten<e or excwable
neglect, or when a Claim .... matured or bem acquiml
subooQuently. lhe arbitrator or arbilraton lIlllY permil
arnrnclm~nl .
4.9.7 Judsmlnt on FInal Award. Th. award renderm
by the arbilrator or arbitrators shall be tinaI. aDd judgm.nl may
be .ntered upon il in ",cordan<e with applicable law in any
cour! ha.ing juri5dk:lion thereof.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Snbeonlrac\or is a person or .ntity who hu a direct
contracl with Ih. Conlratlor 10 p.rCoun a portion of the Work
at u. sit.. The I.nn "Snbcontrattor" is r.t.Ind tolbronghoul
lhe Contract Doc:uments as if .insular in number and m.ans a
Subcontractor or an authorized rep.....ntative of the
SubcODtractor. Th. term "Subcontractor" doe< nol include
oth.r Conlractors or subc:ontractors of ather Contracton.
5.1.2 A Sub-subcontractor i. a person or entily who has a
direct or indire<:t contract w1lb a Subcontractor to perform a
portion of lbe Work at the site. The t.nn "Sub-subcontractor"
is refumd 10 lbroughOllI the Contratt I>ocumenll as if singular
in number and m'lII8 a Sub-subc:ontrattor or an aulborized
representative of the Sub-.ubc:ontractar.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE
WORK
5.2. I Unless otherwise staled In the Contract Ooaunenl.l or
the biddin& requirements. the Co_or. as soon as
pra<tic:able aft.r award of the ContrlCt. sball furnish in writing
10 tbe Construc:lion Manaser for review by the Owner.
Construc:tion Manager and Arclritect the nam.. of persons or
.nlilies (inc:lndinJ IhO$C who are to furnish material. or
equipmtlll fabricated 10 a .petial design) propo>ed for .ach
principal portion of Ih. Work. Thr Conslr1Jdion Man...r will
promptly reply to the Contractor in wrilin& statill8 whether 01:
nol the OWlltr. Construction Ma.....r or ArclrltOCl. a~r duo
invesligation. bas reuonahl. objection to any such propooed
p.rson or enlity. Failure of the Construction Man.~'r to reply
promptly .halI constitul. oolite of DO .....onabl. objectiOlL
5.2.2 The Conlractor .hall nol conlratl with a proposed
I"'non or enlity to whom tIl. Owner. Constr\lction Man...r or
Architect bas made reasonable and tim.ly objection. The
Contractor .hall not be requin!d to contrat.t with onyone 10
whom the Contractor hi, made r'450noble objection.
5.2.3 If the Own.r. Construction Manag.r or Archilecl h..
rel50nahle objection to a person or .ntity proposed by the
Contractor. the Contractor rhaU propose anolh.r to whom tIl.
Owner. Constru<:tioh Managel or Architect. has no reasonable
objection. The Conlract Sum .hall be incressed or d",,,,ased by
the diff....n<e In cost o<:casioned by .",h thange and an
appropriate Chang. Order .ball be issued. However. no
in=_ In the Conlract SUln .hall be .llowed for such thang.
unle.. the Contnelor has acted promptly and responsiv.ly in
submiUlng names as required.
5.2.4 Th. Contraelor shall nol thange a Subeontractor.
person or .ntity p...viou.ly seletted if Ih. Owner. Construction
Manag.r or Architect milis reuonable ohjection to such
chang..
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5.3 SUBCONTRACTUAL RELATIONS
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5.3.1 By appropria~ asreem.nt. wrillen where le&ally
required for wlldlty. lb. Contractor .hall require .ach
Subeontractor. to lb. extent of tho Work 10 be I"'rformed by
the Subcontnclor. 10 be bound to lbe CWltractor by term. of
the Contract Doc:uments, and 10 assume towanl the Conlrattor
all the obUgatioDS and responsibilities whid1 the Contractor. by
thr.. O",um.nll. assumes loward lbe Own't. Construction
Man..er and Architect. Eath subconlral:t agreem.nt .halI
preserv. and protect the rights of 1M Owner. CODSuuction
Manag.r and Architect under the Contracl Dotuments with
respect to the Work 10 be performed by the Subcontra<tor so
that subc:ontractin& thereof will 001 ~judic. suc:h rights, and
shall allow 10 tho Subcontr"'tor. unl... specilkally provided
otherwise in the subcontract age.ment. the benefil of all
riglrts, remedies and rm..... against the Contrattor thai the
Con\ractor. by lbe Contract Doc:uments. has agains! th.
Owner. Wh.re appropriat.. the COntractor shall require each
Subcontractor 10 .nler into .imiIar ..rum.nlS with Sub-
subtontracton. Th. Contractor shall make available to each
prop'*" Subcontractor. prior 10 the execution of lb.
.ubconlratt agreement, c:opi.. of the Contract Do<:umenla 10
which the Subcontractor will be bound. and, upon wriUtII
request of the Suheontractor. identify 10 the Subcontractor
lamS and conditions of th. proposed subcontract apement
whiclt may be at .ariante With the Conlract Documents,
Subcontracton shall similarly malce copies of applicahle
portiO\lll of such doc:umenu available 10 th.ir respective
propoced Sub-subcontractOl'L
5.4 CONTINGENT ASSIGNMENT OF
SUBCONTRACTS
5.4.1 Each subcontract agreemenl for a portion of the Work
is aosigned by the Contratlor 10 the Own.r provided that:
. I asslgnmtllt is .ffectiv. only after tarmination of the
Conlratl by the Owner Cor cause pursuant 10
l'arasrapb 14-2 and only for th""" .ubcontra<t
agreements whith the Owner accepll by ootifying the
Subcootractor in writing; and
.2 a.signm.nl i. .ubject to the prior rights of lb. suIrty.
if any, obligated under bond r.lating to the Conlract
C) 1991 T~E AMERICAN INSTITUlt Ut ARCHITECTS. 1135 NtW VdRt( AVENUE, N.W.. WMHINc.:.IUN, D.C.. 2000t-51!Jl. AlA OOCUMENI A4IOIICMI
- GENERAL CONDITIONS Of THE CONTRACr FOR CONSTRUCTION. CONSTRUCTION MANAGER-ADVISER EDmON - l"l EDITION - AlAe -
W^RNI~G~ Unlict'nsed phQtO(oPy~n8 viol.fes U.S. copyright laws and will lubjlld the violator to I. prosrcurion. This documenr WII
el.c:troruCillly ptoduced wtth pM'ft'1iSflon of the AlA. and can be reproduced in accord~ with your !teenH wirhovt violation until r'" d.te of
expiration iI' noted belDw. U,er Documll!nt: 2002013.201cma.dot - 412811004. AlA License Numb!-r 1148073. whtch expns on 6J!~.
~Iectronic Format A201lCMoil-1992
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5.4.2 If the Work has been suspended for more than 30
days, the Subcontractor'. compellSlllion shall be equitably
adjusted.
6.1
ARTICLE 6
CONSTRUCTION BY OWNER OR BY
. OTHER CONTRACTORS
OWNER'S RIGHT TO PERFORM
CONSTRUCTION WITH OWN FORCES AND
TO AWARD OTHER CONTRACTS
6.1.1 Tbe Owner reserves the rigbtto perform construction
or operation. related to tho Project with the Owner's own
fon:... wbidJ include persolU or enlilia uoder ..parate
contmclS not administered by the Con81ruction MaMger. The
Owner further reserves the ~t to .WIId other conmcts in
connectiOll with other portIons of the Proj.... or othn
constrUction or operation. on the site under Collditions of the
Contract identiul or substantially simibr to the.. including
those portions related to iMurance and waiver of subrogation.
If the Contractor claims that delay or additional cost u involwd
because of such action by the Owner. the Contractor shall make
_b Claim as provided elsewhere in the Contract [)ocumettts.
6.1.2 When the Owner performs construction or operations
with the Owner's own fon:es includina persons or entities
under separate contnlcts 1I0t admini&tered by the Construction
Manager, the Owner shall provide for cooolinatiOll of such
forces with the Work of the Contractor, who shall cooperatr
with them.
6.1.3 Unless otherwiae provided in the Conl:tact
Documenls, whon the Own.r performs construction or
operations related to the Project with the Owner'. own forces,
the Owner shall be deemed to be IUbject to the S&IIIO
obligations and to ha.., the same ri&bts which apply to the
C?nlractor under the Conditions of the Contnct, including,
wllhout excluding others, those stated in this Ankle 6 aod in
Artid.. 30 10, n and 11.
6.2 MUTUAL RESPONSIBILITY
6.2.' The Contractor shall afford the Owner'. 0WI1 forees,
Construction Manager and olh.r Conlractors _1IbJt
op~rtunity for introduction and .tor"lle of their material. and
equIpment and performa""" of their activiti.... and shall
connect and coordinat. the Contractor's construction and
operations with win liS required by the Conlract Documents.
6,2.2 If part of the Contractor'. Work depends for proper
e"",ulian or results upon constrUction or operations by tbe
Owner'.OWh form or other Contractors, the Contractor shall,
prior to proceeding with that portion of the Work. promptly
report to the Construction Man..er and Archlted apparent
discrepancies or defects in such olher construction that would
render it unsuilah~ for such proper execution and results.
Failure of the Contractor 50 to report shall constitute an
admowledgment that the Owner', own fore.. or other
Conlm:tors' completed or partially completed construction is
fit and proper to receive lbe Conl:tactor'. Work, el<<ept as to
defect5 no! then reasonably dlscovorable.
6,2.3 Costs caused by delays or by improperly timed
activiti.. or defective construction shall be borne by tho party
responsible therefor.
6.2.4 The Contractor shaD promptly remedy damage
wrongfully ClIUSed by the Con\rlC\or to completed construction
or partially completed cClllslruction or to property of Ihe
Owner or ollKr Contractors a. provided in Subparagraph 10.2.5.
6.2.5 Claim. and other di.putes and matters in question
between the Con!lactor and Olher Contractors shall br subject
10 the provisions of Par"lRph 4-7 provided the olher
Contracton have recip~ obliptiona.
6.2.6 Th. OWner and OIher Contractors sbaU hav. tho same
ruponsibilities for cutting and patchina as .re described for tbe
Contractor in l'aragraph 3.J4.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among tho Contractor. other
Contractors alld the Owner os 10 lbe responaibility under their
re5pecllv. contracts for maintaining the premise. and
SUIToundlng area free from weste materials and rubbish as
desc:ribed in V.r.....ph :\.15, the Owner may clean up and
alIocair the cost amollll those responsible .. the Construction
Mlll8&er. in consultation with the Alchitoct, determints to be
just.
ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Chonges in the Work may be ac<ompUshed after
eJreculion of the Contract. and without invalidatin& the
Contract. by Cha"l" Of!ier. Comtruction Change ~ or
order for a minor ch.nge in the Work. subject to the limitation.
stated in this Article 7 and el_here in the ContfllCl
Docwnents.
7.1.2 A Change Order shall be based upon agreement
among the Owner, Construction Manager, Archited .nd
Contraotor; . Construction Change Dir.c:live requires
opment by the Owner, ConstrUCtion ~er and Architect
and IIIIY or may not be agroed to by the Contractor; aD order
(or a minor change in lbe WeD. may be Issued by the Architect
alone.
r'", Change. in tho Work shall be perf, ~r)
applic:able p' the Contrac uments, and I
Contractor .hall proroed prom . prtlVided
in the Chao . Orde ctiOll Change Direct1 . r J
foram' emtheWork. -
.~
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7.1.4 If unit price. are slated in the Con!lact Documents or
subsequently .greed upon. and if quantities original1y
1'J "92 THE AMf;A.ICAN IN~IIIUI f Of ARCHlrt.C')t I/J:J NEW YORK AVt.NUE, N.Wy WASI1INGTON. D,C.. 2Clt.lOb-~l!::ll. ^I^ DOCUMENT A201lCMa
_ GENERAL CONDITIONS OF THE CONTRACT FOIl CONSTRUCTION . CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION . AlA. .
WARNf~Ci; Unlicen..d pMtocopying vlolat" U.S. copyright l.wl and will subject the violator to lea-I prosecution. This Ool;um."r was
e~ro~Ia.11y produced with permiuion of the AlA and un bI reproduced In accordancI with your licenMI wi1bout violation un,il 'M date of
~xplrarlOn aJ noted below- u.!' Document; :ZOO201~1(ml.doc- ~812004. AlA Lie_ose Number 1148071. which expir~!I on iI5J2OO4.
El<<tronk Format A201/CMa-1992
17
contemplated are so changed in a proposed Change Oldor or
Constnlcllon Cbange Dlrecti\Ie that application of such unit
prices to quantitie. of Work proposed will aIlS< substantial
inequity to the Owner or Contr1<tor. the applicable unit prices
shall be equitably adjusted. .
7.2
CHANGE ORDERS
7.2.1 A Change Order iJ a written instrument prepmd by
the Construction Man"ier and signed by the Owner,
Construction Man"ier. Architect and Contractor, .tating their
agreement upon all oC the Followill&:
.1 a change io the Worle;
.2 lhe .mouot of the lIc!jurtment in the ContrJcl Sum, if
any; and
.3 the extent of the adjustJnent in the ContnQ Time, if
any.
7.2.2 Methods wed in determining adjuotments to the
Cootract sums~l ~l~~~ed in Subparagraph 7.J.J.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A ConstIUCtion Cbange Directive is a written order
~red by the Construction Manager and signed by the
Owner. Construction Manager and Architect, directJng a
change in the Work and statina a proposed basis ror
lIc!justment, if any. in the Contract Sum Or Contract Time, or
both. The Owner may by Construction Cban.. Directive.
without invalidating the Contrm. Older chanzc:s in the Work
within the general ""ope of the Contract consistin& of
additions, deletions or other revisions, the Contnlct Sum UJd
Contract Time being adjumd accordingly.
7.3.2 A Construction Cbange Directive shall be used in the
absence of total i1gleOmenl on the Ieons of a Cbanse Order.
7.3.3 If the COllStruction Chana. DirKtive providtI for an
adjustment to the Contract Sum. the odjustment shall be hued
OJ) one of the CoIlDWing metbadlt
.1 mutual acceptaaceof a lump SIUll properly ilemized
and supported by sullieient substantiating data to
pennit evaluation;
.2 unit prices slated in the Contract Documents or
subsequently agreed upon;
.3 cost to be determined in a manner agreed upon by the
panies and a mutually acceptable fixed or ~centage
fee; or
.4 as provided in Subparagrapb 7.3-6-
7.3.4 Upon rea,pt of a Construction Chongc Directive. the
ConUllctor .hall promptly proceed with \he change in the
Work involved and advise the Canstrtu:tion Manager and
Arch;"'t of tht Contractor'. agreemenl or disagrumenl with I
the method. if any. pzDVided in ~ Construction Change
Directive Cor delmn.ining the prop'*" adjuumenl in the
ConiNe! Sum or Cantract Time. I
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7.3.5 A COllmuction Change Directive signed by the
Contractor indicates the agreement of the Contractor
therewith. including adjustment in Contrdct Sum and Contract
Time or the method for delerminins them. Such ag..ement
sban be .ffective immediately and shall be recorded .s a
Cbanse Order.
7.3.6 If Iht Contr1<tor doe. not ..spond promptly or
disapes with the method for adjustment in the Contract Sum,
the method and the adjustmellt shall be det.ennined b)' the
Conatruction MaMa" lIII the buJa of rellSOllable expenditures
and savin&s of th_ performing the Work attribulable to the
chans.. indudiJJ&. in cue of an Ina....ln the Contract Sum. a
r..onable allowance for overhead and profil In such case. and
also under ClallSt 7.,.J.30 the ConU'actor shall keep and p....nt.
in oucb fonn 0$ the Construction Manilger may prelCribe, an
iu:mized accountins together with appropriate supportinS data.
UnIea otherwile provided in the Contract Documents. coots
for the purposlS of this Subpar"irapb 7.:!-6 shall be limited to
tbe follOwing:
.1 cost. of labor. Includina social security. old age and
unemployment insurance, fringe benefits required by
~ent or custOln, and workers compensation
lIuurance;
.2 costs of materials, supplle. and equipment, jllcluding
cost of UlIDsportabon. wbether incorporated or
consumed;
.3 rental costs of machinery and equipment, exclusive of
hand toots, whether rented from the Con1J:actor or
others;
.4 cooll of pmniums for an bonds and inaurance. pennit
fee.. and sales, \lit or aimilar taxes related to the
Work; and
.5 idditional costs of supervision and lield on-Jet
persOllnel di=tly altributable to the chanll".
7.3.7 Pending final determination of coat to the Owner.
amounll IlOI In dispule may be included in ^"plications for
Pa~nt. ThellI10unl of credit to be allowed by the Contractor
10 tbt Owner for a deletion or chan8e wbleb results in a net
decrease in the CanU'llel Sum shan be actual net. cost as
confirmed by the Construction Man"ier. When both additions
and credits covering related Work or substitutions are involved
in a change. t\je allowance for overhead and profit shall be
figured on the hasb of net. increase, if any, with respect to that
change.
7,3.8 If the Owner and Contractor do not agree with the
adjustment in Contract Tune or the method Cor determining it,
the adjllStment or the method sball be referred to the
Construction Manaser for detennination.
o 19~.l lt1l AMERICAN IN5TITUU. O~ ARCHITE(;;:!), I/]5 NeW Y<JftK. AVENUE. N.W.. WMHlNtlIUN. D,C., ~~:u~l. AlA DOCUMENl A201lCMa
- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. CONSTRUCTION MANAGER.AOVISER EDITION - 1992 EDITION. AlA" -
WARNING: Un/lcooml pholocopylng ,iolaleS U.S. copyright low. ond wllJ .object rhe viola..... to logal pro"'ulian. This dotumenr wo.
..rtonically produced with permiuion of tht AlA lAd 'an be reproduc.d In KCordartc:. with your lie.,.. without vio!.tian until th. dat. of
expiration as noled boJow. V..r Docu"'o"': l002013a20lcml.doc _ 4128/2004. AlA LIcen.. Numbor 1148073, whlth expire. on 61512004.
Eleclroolc Format AI01ICMa-1S92
18
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7.3.9 When the Owner and Contractor agrtf with the
determination made by lhe Construction Mamger 'oD~rning
the lid jusunents ill the Contract Sum and ConllaCI Time, 0<
oIherwi", r.ach agreement upon tbe adjustments, such
......meot shall be effective immediately issued through the
ConstrUction Manager and sh4II be m:ooled by p~tlOD
alld ex.cution of an appropria'" Chang.Orckr.
1.4 MINOR CHANGES IN THE WORK
1.4.\ The Archited. will have authority to order minor
chang.. in the Work not involvin8 adjustmenl in the Contract
Sum or extension of the CODIroct TlIlIe and not inconsistent
with tho inttnt of the C""tract DO<UIIIenll. Such chall&ft shall
be e~ by written orda iuued through the COIUUIIction
Manager and shan be binding on the Owner and ContfllCtor.
The Cootraaor shan carry out ouch written orden promptly.
ARTICLE 8
TIME
8.1 DEFINITIONS
8.1.1 Unl... otherwiJe provided, Contract Time II the
period of time, including authorized adjuoIments. allotted in
the Contract Documents for Subotanlial Completion of the
Work.
8.1.2 The dale of commc_menl of the Work io the date
eotahIishtd in the A&reement. The elite shall nOl be postponed
by the failure to act of the CootrKto< or of persona or entities
fDr whom the COntractor i. reoponsible.
8. U The date of Substantw Completion fa the date
certifitd by the Architect in accordance with l'aIlgraph ,.8.
8.1.4 The term "day' as ....d in the Contract DoculWOnta
shall mean alendar day unless oIheJWiJe specidcaUy delintd.
8.2 PROGRESS AND COMPLETION
8.2.1 Time IimilS slated in the Conlntd Documents are of
the esoen<< of the Contract. By ""Kuting the Apmmt the
Contractor confirma that lhe Contract Time it a _able
period for performing the Work.
8.2.2 The Contractor shan lIot knowingly. mepl by
agreement or instruaion of the Owner in writing. prtllla~1y
commence operations on t1Je ,it.. or elsewhere prior to the
effective date ofinsurallCe requiml by Article>> to be furnished
by the Contractor. The daUl of comm.m:emenl of the Work
shall not be changed by the elTective .dale of sucb insuraoce.
Unlesa the date of commencement io eotablislwd by a notice to
proceed given by the Owner, the Contractor oh.b notify the
Owner in writing not "'.. IIuuI .live day. or other agreed vmod
befon: commencing the Work to pmuil the timely filing of
mortgages, mechanic's liens and other security inlerests.
8.2.3 The Contractor ,hall plocoed expeditiously with
ade~uate force. alld shall achieve Substantial Completion
withm the Contract Tim..
B.3 DELAYS AND EXtENSIONS OF TIME
8.3,1 If the Contractor is delayro al any time in Fl'O&"'ss of
the Work by an act or nesJect of the Owner', own forces,
Conslruction Manager, ^n:hitecl. any of the other Contractor>
or an employee of any of them, or by cbanges ordered in the
Work. or by labor disputes, fire. unuSlJal delay in deliveries,
unavoidable cNualti.. or other c._. beyond the Contractor's
control. or by delay authorized by Ihe Owner pending
arl>itntiun, or by other ClltSe$ which the Architect, based on the
recommendation of the Construction Manager, determines
may justiIY delay. then the Contract Time shaD be extended by
Chllllle Orckr for ,uch reuollllble lime as the Arcbi.tecl may
detennlne.
8.3.2 Cllima relating 10 time sh811 be made in accordance
with applicable provisions of Paragraph 4.7.
8.3.3 This Paragraph 8.3 doe, not preclude recovery of
damageo for delay by either party under other proviaion, of the
Contnct DocumeDt.t.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum i. staled in the Agreement and.
including aulhoriud adjuSUIIOlllS, is the total .mount payable
by the Owner to the Contractor for performance of the Work
under the CoDll'acl Docwnents.
9.2 SCHEDULE OF VALUES
9.2,1 Before the first Application for I'ayment, Ihe
Contractor shaIJ submit 10 the Atcbltect, tbroush tho
ConslnJction MllDI8Cl. a ochedule of values allocated to various
portioJu of the Work, pnpared in luch form and supported by
such data to substantiate its ac:curacy as the Construction
Manager and Architect may require. This ",htdule. uDleu
objected to by the ColISlrUction Manager Dr Architect. shall be
used as a basis for reviewing the Contractor's Appliutions for
PaymcnL
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least lift..n day; before the date established for
each progress payment, tho Contntdor shall submit 10 the
ConSlrlld\on M.n....r an ileIDiz<:d Appli(llion for Payment
for Work completed in accpn!an" with tm. schrowe of values.
Such application shall be notarized, jf required. and supportro
by such data subotantJating the Contractor'. righl to payment
as the Owner. Conotruction Manager or Atcbltect may requln:,
sucb as "",i.. of requuitJons from Subcontntdors and material
supplien, and rell<<ting rtlainage if p",vided for e\sewhere in
the Contract Docwlltnls.
o 1991 THE AMERICAN INSTITUTE. Of A"CHI1H.T~. l1J:' I'UW YORK AVENUE. N,W.. WA~H'N<JTO/lf. D.C, :.!uuuar-5lt2. AlA CUl.UMENT A:lOl/CMa
- GENERAL CONDITIONS OF rHE CONTRACT FOR CONSTRUCTION - CONSTIlUCTlON MANAGER-ADVISER EDITION . 19112 EDITION . AI..... -
WARNING; Unli~$_d photocopying viQl.ffl U,S, copyriShf laws and will ,ubjec1' fhe 'lIiot.tot to legal proMCu'iDn. This document was
elKtronicidly produced with permi"jon of the AlA n c.. be reprodut;.d in accordance with your licen.. without violation until ,'''. date of
eJ:piration lIS noted below. User Oacument: 2OO2013a20lcmrl.doc ~- 412812004, AlA LlcenH Number 1141073. which expire, Oft 6N2004.
Electronic Format A20VC......l991
19
9.3.1.1 Such applicalions!My inclllde requests for payment
on account of chan&e. in the Worlc which have been properly
aulboriud by Colll\rUction Change Directive. but not yet
included in Chall8e Orden.
9.3.1.2 Such application. may not include rcque.u for
paYment of amO\lDU the Conlractor docs not intend to pay to a
Subcontractor or material.upplier because of a dispute or other
reason.
9.3.2 UnIta otherwise provldtd in the Conllao;t
DocUl11ellts, paymenu .ball be made on account or materials
and "'IU1pm<nl delJvertd and suitably storccl at the site for
subsequent inc:orporation in the Work. If approved in advance
by the OWIICr, ~ymcnt may .im.iIIriy be made for material.
and equipment ouitably stored off the site al a location agreed
upon in wrIf.in8. Payment for m.terills and equlpImnt nORd
on or off the .ite sh.ll be conditioned upon compliance by 1M
Contractor with procedure. satisfactory to lbe Owner to
establish the Owntr's tille to such material..nd equipment or
olhtrwise protect the Owner', intercll., and shal[ include
applicable insurance, $lorage and Iransportation to the site for
such materials and equipment stored ofT the site.
9.3.3 lhe Contractor wansnllthal title to all Work coveml.
by an Application for Payment will pass to Ibe Owner no later
than the time of paymenL The Contm:t.or further wamnts that
upon .ubmillal of l1Q Appncall<m for P.ymont all Work for
which Certificates for P.yment have been J,m;ously issued and
payments received from the Owur <hall, to the best of tbe
Contractor'. knowlcdae, infonnatioo .nd belief. be ftce and
d..r of li_. claim.. *Urily Inleresta or enc:umbrlDUl in
favor of lht Contractor, Subcontraclors. material suppliers. or
other pmona or enlilm "'mn, a claim by reason of bavin,
provided labor. malcriob and equipment relatina to the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The COll$lruction Mauaa" wlU assemble a Project
Application for Paymcnt by combinina the Contractor's
applications with similar appli<.tiona for prosrtSI payment.
from other Contracton and, .Iler ctttifying the .mounts due
on such appllc.tiona. fmwud them to the Architect within
seven days.
9.4.1 Within seven days .~ the Architect's reaipl of the
I'mjcct Application for l'aymcnt. lbe Construction MalUgCf
and An:hitccl will either ~ to Ibe Owner a Project
CertilicalC for Payment, with a copy to 1M Conlnrdor, for IlIch
amounl .. Ibe Construction Mano8"f and Archlleet dettnnine
is properly due. or notify the ContrllCtor and Owner in wrltlllg
of the ConstruclioD Manager's .nd An:bllect's "'a""n. for
wilbhoJding urtilication in whole or in pan .. provided in
Subparagraph 9.,.1. Su<:b notifioalion wlU be forwatded to the
Contractor by the Construction Manascr.
9.4.3 The iss\lance ofa scparalt Certificale for Payment or a
Project C.rtilkale for "aymcnt will comlitulc "'presentations
made separately by the Construction Manager and Architect 10
the Owner. baed on their lndIvidual ",*",ations at Ibe sile
and lbe data comprising lbe Application for Pa)'lntnt
submitted by the Contmctor, thallhe Work baa progrmed to
lbe point indIca~ and that, to Ibe best of the Construction
Manager's and Architect'. knowIcdge, information and belief.
quality of the Worlc is in ,,"oniance with the Contract
Documenls. The forcgoin, rcpre_tallons .... subic;:t to an
evaluation of the Work for conformance wilb the Conlract
Documents upon Subotmlial Complctlon, to results of
subsequent tests and inspections, 10 minor deviations from lbe
Contract Documents correctable prior 10 completion and to
specific quaUfk.lions expreacd by the ConstrUction Manager
or Architect. The issuance of. separate Certificate for Payment
or a Project Certificate for Pl}'IDenl will funh.r constitule a
rep....nl.tion that the Contraclor is entitled to payment in the
amount cerli&d. However, the issuance of a "parate
Cenlficate for Payment or a Project Certificate for Payment will
nol be . representation that the Colll\rUction Manager or
An:hitccl hu (1) made exhallStive or continuous on-site
inspections to check the quality or quantity of tbe Work. (2)
moiewcd the ConUllClor'. coll5lruction m...... methods,
technique., sequence. or procedu..... (J) reviewed copies of
rcquisltiOllS received from Subcontractors and malerial
supplim and other d.la rtqueoted by !he 0wrIcr to submnli.te
the Contnctor's right to payment or (4) Inode examinaiion to
.SC<<I1aih how or lor whal purpose the Conlraclor ba5 used
money prcvioualy paid on account of the Contract Sum.
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9.S DECISIONS TO WITHHOlD CERTIFICATION
9.5.1 lhe Construction Manager or Architect may decide
not to ccnIIY paYlI1cnt and may withhold. Certificate for
PaymCt\t in whole or in part, to the extent reasonably nC;:e$l8ry
10 protect the OWlter. if in the Coh5lruclion Manager's or
Architect'. opinion the repr....nlations to Ibe Owner required
by Subpar"If2Pb 9+3 connO! be made. If the COnstnlclion
Manager or ArcbItcct is unable to certifY payment in the
amount of lbe Applil:ation, the ConrtructiOll Manqer or
An:hitcct will notifY Ibe Contractor and Owner .. provided in
Subparagrapb lI-4-" If the ContJac\or, Construction Manaser
and Arcl1ikct cannot agree on . rPriscd amount. the
Construction Man.8"f and Architca will promptly i..uc a
CertlIic.lt for Paymenl for the amount for which the
CoIll!rUction M.n.ger and Architect .... able 10 maU such
repnlsenlltions to the Owner. Thr Construction Manager or
An:hitccl may alJo decide not to certify p.ymenl or, bccawc of
subsequently discovered evidence or subocqucnt observation..
may nullify the whole or a pat\. of a c.rtiJlcate for Payment
pmiously i.sued, to such extenl .. may be ncccsaary in the
Constru<tion Manager's or Architca's opinion to protcclthe
0wIler from Iou bec.use of:
.1 defective Work Dol remedied;
.2 lbini party cl.ims filed or reason.ble evidence
indicating probable fding of such claims;
.3 failure of Ibe Contnctor to make ~ymenta propcrly
10 SubcontJac\ors or for labor, moteriall or
equipment;
ClI~lIHE AMEIUV.N IN~II1Ult OF ARtHln~I), IIJ) Nt.W YORK AVENU~ H.W., WASHINGTON. D.C.. iUUUfJr51!lJ. AlA DOCUMENT A.lUIIl.!'t4a
- GENERAl. CONDITIONS OF THE CONTR"'CT rOR CONSTRUCTION . CONSTRUCTION M...N...GfR....DVI5ER EDITION - 1992 EDITION. AlA. _
W"'RNING: Unlicon..d pho/ocopying viol.IH U.S. ccpyrlght laws .nd wUl .ubjact the violl.tor to IcsaJ prosacUlion. This docum.n. lOllS
eiccrroni<llly produc.d with pennl..ion of the AI'" and can be r.pr<>du<.d In ilCcordan.. wilh your Ii..n... without violation until the date of
expir.tion..s noted below. User Documol!lnt~ 2002013e201cmB.doc ..~ 412812004. AlA License Number 1148071. whleh expires on 61512004.
Electronic: Form..t A20lICMa-19gZ
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.4 reas01l&ble evidence tJIal \be Work cannot be
compltted for the IlnpaJd baluce of the Contract
Sum;
.5 daJnage to the o..'l1tr 0: another contn<:lor,
.6 tusonable .,-idence lhat the Work will not be
completed within -the Conlm:t Time. and that the
unpaid baI.nce would not be adequate to cover actual
or liquida~ damages fo: the anticipaled delay; 0:
,7 pcrsi....nt Caliure to carry OUI the Work in acco<dance
with the Contract DOClJ",en\$.
9,5.2 Wlttn the above reasons for withholding certilicatlon
.... removed. certifICation will be made for amounts pm'ious\y
withheld.
9.6 PROGllISS PAYMENTS
9.6.1 1I&r the Con.slnlction MllJlager and Archilecl have
is<utd . Project CcJtiflClte for Payment. the Own.. shall make
parm...t in the mannor and within \he time provided in the
COOllraCl Do<:umcnb, iIld shall '" !IOtify the Constl'U<tion
Manager and ArthiltCL
9.6.2 The Contractor shaD prompliy pay each
Subcontractor. upon receipt of payment from the Owner. out
of the amount paid \0 the Contraclor on acCOUllt of .""b
Subcontractor's portion of the Work, the amount to which soid
SII~n\tact.lll IS enutled, retlectillg percentages actually
retained from paymen\$ to the Contractor OD ><count of SIlch
Subcontractor', portioD of the Work. The CoDtnctor shalL by
appropriate agreement with each Su~ntroa/ll'. requiR each
Subcontractor to mW paymenll to Sub-.ubcOllIIactOn ill
litnilar mannel.
9.6,3 the COllS\r\lction Manager will, OIl requesl, futnish to
. Subcontractor. if proctic.tble. information regarding
pcrc:cntoges of completion or amount. applird for by the
Contractor and actioo t&IreD thereon by the Owner.
Construction Manager iIld Ilrcbitf<! on lICcount of portions of
the Work donc by such Subcontractor.
9.5.4 NeitMr the Owner. Construction Manager nor
Alcltiuct .ball ba"" an obligation 10 pay or to sa to the
payment of IlIOIlCl' 10 a Subcontractor _ept... may otherwi..
be required by law.
9.6.5 Payment to mat.rial .upplien mall be treated in a
manner .unUaT to that provided. in Subparayapbs 9.6... ,.6.3
and ,.6.4-
9.6.6 A Certificate for Payment. a pJ1)Jfess plyllJent. or
partial or entire use Or o<:cuponcy of the Project by the Owner
sholl not COllStilllte acceptance of Work not in acc:ordance with
the Contract Do<:uments.
9.7 FAilURE OF PAYMENT
9.7.1 If, through no fault of tbe Cootractor, I) lbe
Con5\lUCtion Mlnager and Arthi~ do nol wue a l'roiect
C.nificote for Payment within fOtllteen days after tbe
Construction MllJlager', receipt of tbe Contra.lor's Application
for I'aymen\ or 2) th. Owner doea nOl pay \he Contractor
within seven days alier the dale Cltablished in Ibe Contract
Documents the .mouat certified by the ConstJtJCliun Manager
and Ilrchit",t OJ awarded by arbitration, then the Con1lad.or
may. upon seven additional day.' wrin.n notice to the Owner.
CoDStr\ICtion Manager and Archilecl, .top the Wark until
payment of the amount owin& hu been leCeived. The Contract
Time .han be extended 'ppropriately and the Contract Sum
.ball be increaacd by the amount of th. Contractor'. """'blble
cosQ of mlll..;:lown. delay iIld slart,up. wilich shan be
KCOmplished all provided in Article 7.
9.8 SU851ANTlAL COMPLETION
!I.8.1 Subotantial Completion i. the ltage in lht progress of
lht Work when the Work ar desi&naled portion thereof i,
sufficiently complete in accordance willi tbe Contract
Docllmcnu so tbe Owner call occupY or utifue the Work (or ita
inlendrd Use.
!I.B.2 When tbe Contraclor considers that the Work, Or a
portion !hereof which the Owner lIi""" to accept ..pu.tely. if
substantially compltle. the Contractor and COIIStructiOO
Manager mall jointly prepoze and submit to the An:hitm <<
comprehensive list of items to be completed Or coruct<d. The
Contractor IhaIl proceed promptly to complete and cornct
item. on the n.L Failure to include an item 00 such llsI doe.
not aller the ....poD8ibility of the ConlJBCtor 10 complete all
Work in accordance with tbe Contract Documenla. Upon
recetpt of the lid, the ArclUtect, lUSlskd b)' 1""- Construction
Manager. will make an ih$pection to determine whether the
Work or daignated portion the_f is substantially complete. If
the Arthitect'. inspection discloacs any iIonl, whether or not
included on the tilt, which is nol in accordance with the
r~enll of the Contract Document.. the Contractor shan.
berOR! ;-= of \he Certilicate of Substantial CompletioD.
complete or correct such item upon noti&ation by the
Architc<:\' The Contractor shall then submit a reqUC$! for
another inspection by the Architect, assisted by the
Conlltudion Manaaer, to detennlM Substantial Completion.
WMn the Work or designated portion Ihaeof b aubotantially
complete, tbe Architect wiD pl'C)lI\"e a Certificate of Substantial
CompletioD which sha1l ..tabliah the date of Substantial
Completion, .ball establiah responsihilities of the Owner and
Contractor for security. maintenance. beat. utilities, damage to
lht Work and insurance. and shall fix thr time within which
the Contractor shaD finish aU item. on th. till accompanying
the Certi6cate. Warrantios rcquirod by the Contrad
Oocuntenll shall commenc< on tbe date of Subotantial
Completion of the Work or design.1ed portion thereof uole..
otherwise provided in tl1e Certi6ca'" of Substantial
Completion. The Certificate of Subsl.tntial Completion shall be
aubmiUed to \he owner and Contractor for their written
acceptance of respon.ibUities assigned to them in such
Certificate.
" Ut92 THE AMI:.RltAN INSTITUIE Of ARCHI1E.CI~, 1'~5 Nt;W YURK AVENUE, N.W.. WAStiINGION, ().l.,.1;~.5.l9Z. AlA DOCUMI:.Nl A20VCMa
. CENERAL CONOlTlONS OF THt CONTItAcr FOR CONSTRUCTION . CONSTRUCtiON MANAGtR-ADVI5ER EDITION. 1992 ,0mON . A,Ae -
WARNING: Unlicen.ed pnoloc"!'yit'8 v;ol.'., U.I. copvriBht law. and will .ubj..:' 1M violator 10 'e..' pro_ullon. Thi. do<..".,,, wo.
elactronlCally proc:tuc.d wiTh permlSiitOn of the AlA .and can tt. repmeluced in a<<brdance with yovr license witt\QUf violation until the dare of
expiration OS no'ed below. U.er Document; ~OO2013a2Dlcm..doc - 4I:l8l2004. 1\1.0. lialnM Number 1148073. which expires on 6/]/2004.
E,""lronic for....t A20UCM..1992
21
",
9,8.3 Upon Substantial Completion of the Work or
designaled portion the_f .nd upon applic:ation by the
Contractor and certification by the Conllnlction Manager and
Architect, the Owner sball make payment, rellocting
adjualment in rotainage, if .ny, for such Wor!< or portion
Ihereof as provided ill the Contracl Documenll.
9.9
PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occupy Or UJO any completod or
p.rtially completod portion of the Work at any S1age when such
portion iJ deslg!ll.led by separate agrument with the
Contractor, provided sllCb occupancy or use iJ consented 10 by
I"" insurer as ..quired under Subparagraph 11.].11 .nd
authoriud by public autborities baving jurisdiction aver the
Work. SIICb partial occupancy or u.. may commellCO wbetber
or nol the portion is subslanliaUy complete, provided the
Owner and Contractor have occepIed lD writina the
responsibilities assigbed to each of them for paymenu.
relIinage if any, security. maintenance, beat, utilities, damage
to tbe Work and insurance. and have agreed in writina
concerning the period for cornction of the WDrk and
cummencement of warranties required by the COnlract
Doc:umenu. When the Contractor coJUiden a portion
substantially complete, the Contraaor and ConstIuctioo
Manager shall jointly prepare and submit a lill to the Arcbittct
aa provided under Subp....gr.ph ~8.2. Co....nt of the
Contractor to partial occupancy or we shan nOl be
unreasonably withheld. The stage of the progress of the Work
shaD be determlned by written agreement between the Owner
and Contractor or, if no aweemenl is reacbtd, by decisloo of
the Architect afttr consultation witb the CollSlruction
Manager.
9.9.2 Immediately prior to .uch partial OC<:Ilpancy or use.
the Owner, ConstructiOn Manager, Contractor and Architect
shaD jointly inspoct the area to be occupied or portion of the
Work 10 be used in order to determine and record the
condition of the Work.
9.9.3 UnI... otherwise agreed upon, partial occupancy or
use of a portion or portioDl of the Work shall not constitute
acc:eptance of Work not complyina with the requiremenu of
the Contract DocumentJ.
9.10
FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon completion of the Work, the Contractor shall
forward \0 the Construction Manager a written notice that the
Work is ready for final inspection and acceptance IDd shall aIJo
forward 10 the ConstructiDn Manager . (mal Contractor's
Application for Paymenl. Upon receipt. the Construction
Manager will forward the notice and Application to the
Architect who will promptly make such inspection. When the
Architect. ba..d on tilt recommendation of tbe Construction
Man"ller, finds the Work acceptable under tho Contract
Documento and the Conlrect fully perfomltd, the
Construction Manager and Architect will promptly issue a final
Certificate for Payment stating that to the best of theJr
knowledge, information and belief, and on the basis of th.ir
observ.tions and inspections, the Work has hc<n completed in
accordance with tenus and conditions of the Contract I
Doeumenll and that the enlire balance found 10 be due the
Contractor and noted in said /lnaI C.rtifi..te Is due .nd
payablo. Ute Construction Man.ger's and Atchite<:t', IinaI I
Certifu:ate for Paym.nt wiD constitutt a further repnsenlation
that collditiooslisted in Subparagrapb ,.10.2 as procedenl to the
Conlractor'. being ""tilled to final payment h.ve been fulfilled.
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9,10.2 Neither final payment nor any remaining retained
percentage shall become due until the Contractor submits to
the Architect through the Construction Malllller (1) an
affidavit that payrolls. biDs for materials and equipment. .nd
other iudehledncu connected with the Work for whicb tho
Owner or the Owner's property might be responsible or
encwnbered (Ie.. amounts withheld by Owner) h.ve been paid
or other wise satisf1ed. (2) a certif1ca.te evidencing tbat
insurance ..quired by lb. Contract Documenu to remain in
force after final pl)'lDeDt .. currently ill etTect and will nol be
canceled or aDowed to expire until .t least 30 days' prior written
notice h.. been given to the Owner, (3) a written st.tement
\hat the Contractor knows of no substantial "lSOn that the
insurance will not be renewable to COVer the period required by
the Contract Doc:uments, (4) cDllJenl of surety. if allY, to final
payment and (I), if required by the Owner, other data
est.ablilhiD& payment or ..tisCactiol1 of oblisations, sucb as
receipts, "'1..... and waiven of liens, claims, security inttrosts
or encumbrances arising out of the Contract. 10 the extent and
in such (onn .. may be designated by the Owner. If a
Subcontractor refuse. to furnish a "'I..... or Wlliver required by
lhe Owner, the Contractor may furnish a bond .atistlctory to
Ihe Owner to indemnify the Owner againsl such lien. If such
lien remains unsotisfied afler payments are mad.!, Ihe
Contrll:tor obalI ..fund 10 the Owner an money that the Owner
may be compelled to p.y in dlschltlling such lien, including aU
costs and reaaonahle atlclrneyo' rea.
9.10.3 If. al\or Subttantial Completion of the Work. IinaI
complttion th...of iJ materiaIly delayed tbrough no fault of the
Contndor or by issuanc. of Chanae Orders affec:tin& final
completion, and the COIIStrUction Manager and Architect so
conh. the Owner shall, upon appllcation by tbe Conlractor
and certiflc.tion by the ConSlructioo M8Il8Itr and Architect,
and without terminating the Contract, make payment of tbe
baI....... due for \hat porlion of the Work fuIJy cDmpleted and
accepted. If the ..rnaining balance for Work nol fuRy
completed or correcttd i. Ie.. than retainase .tipulated in the
Conuact Doeuments, and if banda have been furnisbed. the
written conserrt of surety to payment of tbe balanu due for
that pottion of the Work fuUy completed and ac:cepted shall be
suhmilted by the Contractor to the Architocl through the
COllltruction Manager prior to certification of such payment.
Such payment shaU be made under terma and condiliDn.
governing f1nal payment. except that il &ban not constitule a
",ai""r of Claims. The making Df final payment shan constitule
a waiver of claims by the Owner as provided in Subparagraph
4-4-5.
9.10.4 Acceplance of final payment by the Contractor, a
SubconllllCtor or mattrial supplier shaD constitute a waiver of
claims by thai payee except tho.. previously made in writing
and identified by thai payee .s U1ISrttled at the time of final
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Cl199L I Ht. A.MERI~N IN)TITUTE OF ARt.HII t.CIS, 1735 NlW YOKI{ "VENUt., N.W.. WASHINOIUN, D.C., ~5llU. AlA IJOCUMtNI AlOllCM..
. GEtlERAL CONDITIONS Of TH( CONTRACT fOR CONSTRUCTION. CO',STRUCTlON MANAGER-AOVISER EDITION - 1'192 EOITIO'" - AlAe.
WARNI~G: Unlicensed photocopying vlDla'.. U.S. copyrigl" law. ond will ,ubjac! the violator 'D 108"1 prosecution. Thl, document wa,
.liI(tl"Onlcally produced with pMml.ulon of the AlA and 1;'" be reproduced in accordanc:. wi,h 'ftIUr lken.. without violation until the ~1~ of
expiration. as noted below. Uler Oocument: 2002013a201cma.doc: - 412812004. AlA LiCllnR Number 1148073. which expirei Of' 61512004.
Electronk Formaf A2011CMa-1992
22
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ApplicatiQn fQr Paymenl. Such waive.. shall be iIt addition 10
Ihe waiver described In Subparllgraph 4-7.S.
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contraelor shan be responsible for inilialinllo
mainlainin& and supervising all safety p~autiolll and
prnaram. in cohnection with the performance of the Conlr..l.
The Contractor shall submillhe Contractor's ..fely progJlllJ) 10
Ihe Construction Manager for review and coordlDation with
tlte safety programll of Qtlter Contra<lor$.
10.1.2 In the event the Contractor encOllnlen on the site
material reasonably believed 10 be asbestos or polycblorinated
bipbenyl (PCB) wI1icJl has not been ",ndered barmleN. the
Contra<lor sh.aIl immediately stop Work in the ;uea affKted
and npon the conditioD \0 the Owner, Conlllruclion Manager
and Archite<t in writinll. The Work in the affected area shall
001 tltenafltr be resumed ,x<<p1 by wrilten agreement of the
Owner and Cootractor if in fa<t the malerial is ..beItoo or
polydllorinated biphenyl (PCB) and hu nol been rendered
bannleu. The Work in tlt. affected ...... shall be resumed in the
abse~ of asbestos or poIyc:lllorinaled biphenyl (PCB). or
wben it ha. been rendered harmless, by written agreement Qf
the OWner and Conlractor, Qr in ao:ordanc.e with final
determinalion by Ih. ArchiteCt OD which arbitralillll has nol
beeD demanded, Qr by arbitration unci.. Miel. 4-
10.1.3 Th. Contraaor shall nol be required pursuant 10
Article 7 to perform withaul "",seDI any Won. relalina to
UbeaOl or polychlorinaled biphenyl (PCB).
10.1.4 To the fullestextenl permitted bylaw, theOwnor sball
indemoify al1d hold bannlesa the Contrac:lnr. CoDJ\rUd.ion
Manag.r. Ardnle<I, th~r consultants. and aaenlS and
employees of any of th.m from and allolnst claims, dam....,
I..... and elCpenses, inc1udina bul nat limited 10 al\omeys'
fees. arising oul of or ",sulliog from perfonnan<< of the Work
in the affected area if in fact the mal.rIa( II ubeJtoo Qr
polycblorinalcd bipheDyl (PCB) and h.. not been rendered
hlll1Jll..., provided thai such claim, damqe. loss or ~n.. is
attribu~bl. 10 bodily injury. sickness. dise... or death. or \0
iniul"}' to or destrllction of ~naible ~perly (otIm- than 1M
Work i\self) including Iou Qf use resullin& therefrom. bul ooly
\0 the extenl caused in wh~ or in part by noalilent a<ls Qr
omissions oflh. Owner, anyone din:clly or indirKtry .mployed
by the Owner or anyone for wb_ acts the Owner may be
liable, regurlless of whether or nol such claim, damag., loss or
expense i. caused in part by a party ind.mnified h.reunder_
Suc:h obligation sball nol be CQostrued 10 negate. abridge or
reduce olher rights or Qbligalions of indemoily wbIch would
otherwise rost as 10 a party or penon described in this
Subparagraph '0_1_4.
10.1.5 ff r.asonable precautions will be inadequate \0 prev.nt
for....abl. bodily injury or dealh IQ persons multiO& /Tom a
malerial or substao<< e",ounl.red Qn the site by the
Conlractor, the Contractor .hall. upoa recognizing tbe
condition, immedialely SlOP Work in the aff.cted area and
report 1M condllion \0 the Owner, CoI1S\ruc;\ion Manag.r and
An:hitect in writing. The Owner, Corrtraclor. Construction
Manaa.. and Archi~ shan Ihen proceed in Ihe same manner
described in Subparagraph 10.1.2.
10.1.6 TIle Owner .hall be responuble for obtaihins lb.
services of a licensed laboralQI"}' 10 verify a presenc.e Qr absence
of Ihe ma1crial or substanc. reported by the Contractor and, in
the ..enl suc:h llIat.ria1 or substance is found 10 be present, 10
verify tha' It has beeo rendered hannle... Uole.. olherwise
n:quired by Ih. Conlract Docu....nls, th. Owner sball furnish
in writing \0 lhe Contractor. Construclion MlINger and
ArclUt<ct th. names and quali f1C8UonS of person. or enlities
who are to pertonn lests verifying the presen'" or absence of
$lJch material or substilllA:O or who ar. IQ ?!,rform the task of
..tD<lwl or..fe <onlainmenl of such malenal or substance. The
Con\rac\or. the CoaalrUction Mao"ller and the Ardnlect will
promptly reply to the Owner in wrilina stalinll whether Qr.DOI
any oflbom boo r.....nabl. objectiQn 10 the person> or .nliti.a
proposed by the Owner. If Ill. Contractor, ConstrllctiQn
M4lla&er or Arcbile<\ has an objection 10 a porson or .ntity
proposed by the Owner. the Owner sball prop_ anoth.r tQ
whom the Conlractor, the Cons\lUction Manager and the
Architect have no reasoDabl. objection.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The CoDtraetQr shall take reasonable pr.caulions for
safely of. and shall provide reasonable prole<:tion \0 preveot
damag.. injury or 1... tQ;
.1 employees on the Work and Dlher persons who may
be a<<<cud thereby;
.2 the Work and materialo and equipment 10 be
incorporaud th...io. whether in storag. 00 or off the
lite. under care, CIlstocly lW control of the Contractor
or the Contrac:lot'. Sulx:ontracton or Sub-
IUlx:ontracton;
.3 other propeny al the site or adjacenl thereto, sur:b as
\reea, shrubs, lawna, walb, pav.menls. roadways,
structUIa and ulilltieo nOl desi&IJated for rrmoval,
relQcatiQn or replacemenl in the coo... of
constNction; and
.4 coostruction or operations by the Owner Qr Qther
Contractors.
10.2.2 The Conlra<\or sholl alve uolices and <amply wilh
applicable law., ordinances. rule., r.gulalions and lawful ord.rs
of public authorities bearing 011 safety of per>oll' 01 property or
their prolection frQm damage. injury Qr loss.
10.2.3 The Contractor sItall ere<:\ and mainlain. as required
by exisIios oonditinol and per{DrlJWJc. of the Cootracl,
reasonable safeguard. for safety and protection. including
p<ntillll danser slgm and other warnings against \wards,
promulaa~ safely regulatiQns and notifying owners aod users
of adjacem S11es and ulililie..
o I~l .HE AMlft.IU\N tN5T1TUn. 0,.. AR(;HITECT$. 173,) ruw YUKK ^VENUE. N.W., WASHINlilUN. D.C., 21.AA.1a-~.l9.l. AlA uoc:;ur~U:NI AJUII\.Mil
_ GENERAL CONPITIONS OF THE CONtRACT FOR CON5TRUCTION - CONSTRUCTION MANAGER-ADVI5ER EDITION. 1992 EDITION - AlAe.
WAftN'~G: UnliCl'n.sed photocopyinJ violates U.S. c:opyri8l\t laws and will $ubjlct tht violator to 1-8_1 prmecution. This dOCUMent was
elect'QnI"'lIy pr_d wlrh po,mlsslon oIlhe AlA and can be r.proc/uc.d in acmrdanc:e with your lle.n.. wlthou' viola/ion until the date of
explraflon as noted below. U... Documltnf: 2OO2013'a201cm.a.doc - 412812004. AlA Liel!!ftse Number 1141013. which expires on 61512004.
Elec:tronic Form.t A201/CMa--1992
23
10.2.4 When use for ,tora,e of explosive. or other 1wud0lll
materials or equipment or unu,ual methods a~ necessary for
""",ut;on of Ille Work, Ill. Conttactor shaH exercise utllWllt
care alld carty on S\l(h aclMtita under .uporvision of pmpmy
qualified personne/.
10.2.5 The C-"ntractor sh.n promptly remtdy damoBe and
I"" (otber Illen dama," or loss in.ured und., property
insurance requiml by tll< Contract DOQIllltnls) 10 propeny
ref.rred to in Clau.., 10.2.L2. 10.2.1.3 and 10.2.4 cauled in
whole or in pat! by th. Contractor. a Subcontraclor, a Sub-
.ubcontractor, or anyOllt dirtctly or indirectly employed by any
of Ibem, or by anyone for wboee am they may be liable 8IId for
which the COnmctor is ....poIlsible under Clause. ,o.2.L',
10.2.L3 and 10.:1.1-4. except damage or loss attributable to Ilda or
omi..ions of the O"'IIer, Construction Manaser or Ardlitect or
anyOlJe directly or indlrtclly employed by any bC them, or by
aorone for whme lIcII any of them may be liable. and Dot
attributable to ~ fault or nesliaeoce of Ille Contractor. 1ht
Coregolng obligation. of the COntractor OR in addition to the
COIItra<tor'. obligations UIl<Ier Paragraph 3-18.
10,2.6 The Conlrn:tor .baD designate a responsible _mMr
of the Contractor's organizatioo at the site whose duty &hall be
the prevention of a<cidtnts. This penon sbaIl be the
Contractor's "'perintendent unless olberwlsc designated by the
Contractor in writing to the Owner, Construction Manager and
An:bitcct.
10.2.7 The Conlrn:tor sbaIl not load or permit any part oC
lhe construction or .ite \0 be loaded SO a. to endanger it. safety.
10.3 EMERGENCIES
10.3.1 In an emergency affecting ...Cety or pmons or
property, the Conuaaor ohaIl at\, at the Conu..:tor'.
discretion, to pment threatened da~, injury or I.....
Additional compensation or eXl,,,.;on of time claimed by the
ContrKtC>r on lICcount of an emagency ohaIl be determined as
provided in Puagraph 4.7 and Article 7.
ARTICLE 11
INSURANCE AND BONOS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contnctor shaH purdlase from and mainWn in a
company or compalliea Iawfuny authorized to do bu.ine.. in
the jurisdiction in which the Project illocaled rucb insurance
as will protect the Contractor from claimo (I!\ forth below
whim mal' arise oot of or result from 'Il< Conmctor's
operatio", under the Contracl and for wbich the Contra<;tor
may be leg.By liable. whether suclJ opentiom M by the
ContractOl" or by a Sobcontractor or by anyone directly or
indixectly employed by any of them. or by anyone Cor whooe
acta any of them mil' be liable:
.1 claim. under workera compenlation, disability benefit
and other simil... employee benefit aclS which are
applicable \0 the Work to be perCormed;
.2 claima for dam.g.. because of bodily injury,
oa:upational .ickne.. or diseose, or death of the
Contractor'. .mployees;
.3 claims for dam.e. beca,," oC bodily injory, sickness
or dist.... or death of any person other than the
Contractor's employcta;
.4 claims Cor dam... insured by usual p....onal injury
liability covetage whim are sustained (,) by a penon
as a result DC an offense directly or indirectly ..Ialed to
employment oC auc:h penon by the Contractor. or (2)
by another person;
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.5 claims for damages. other than \0 the Work itself,
because of Injury to or destruction oC tangible
property, including loss o{use resulting therefrom;
.6 claims for damages because of bodily injury, de.tb of a
penon or property dornase arising out of ownership.
maintenance or u&e of a motor vehicle; and
.7 claims involving contractual liability insurance
applicable \0 the Contracto,'s obligations under
Paragraph 3-18.
11.1.2 The illSurance required by SubpaAgraph 11.I.1 shall be
written for not Ie.. than limits of liability specified in the
Contract Documents /)f required by law, whiclrOver COVetage is
greater. Coverage.. whetli.. wrilten on an occurrence or
dailns.mw bud. !baD be maintained without interruption
from date of commencement nf the Work until dale of /inal
Pl)'l1Ienl and termination oC any coverage required to be
malntaintd aller 1i...1 ~ent.
11.l,3 Certifkates oC lnsunnce aca;ptable \0 the Owner &haH
be submit~ to th. CllIls\1uction Manaser for lransmittal \0
the Owner with a copy to the Architect prior to
commencement of the Work. These <ertificates and tht
lnsurance poIicin ""Iuired by tbit P....gr.ph 11.1 shall cOlltain .
proYision ihat coveragea afforded und..- the polkies will not be
canceled or allowed to expire until alleast JO days' prior wriUeD
notice has boeII given to Ibe Owner. 1f any of the foregoing
inouranc:e coverag.. are required to lelnain in COIte after fU18l
payment and .... rcoaonably available. an additional certificate
tvidencJng continuation of such coverage .hall be submitted
with \be final Application for Payment II required by
Subparagraph ~/.IO.2. Information concerning reduction of
co..rage shall be furnished by the Contractor with reasonable
prompmess in accordallU willl the Contractor's infolD1ation
and belief.
11.2 OWNER'S LIABILITY INSURANC[
11.2.1 The Owner .hall be ....pon.ibl. for purchasing and
maintaininB the Owner's usualliahility insurance. OptionaUy,
IP "911H~ AMERICAN JN5TIJUJt 0,. AJlCHlltCT5, 1735 NtW YORK AVENUt.. N.W., WA5HIN(jTON. D.C.. 1~~519l. AlA DOCUMENT AlollCMi
- GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTIOII - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION. AlA. -
WARNING: Unlicensed photocopyins violat.. U.S. <opYrJaht Ilw, and will subjoct tho vlolltor to leBII prosecutIon. This docv",.nt w..
eledroniallv produced with permillion gf 'h. AlA Ind can b. r.prodl,lClId in ac;cordM1C. witt! your lie.",. wi'hout violi:tlon untIl rhe liar.. 01
explrarion II norod below. u,.. Do<:umenr: 2l102013a201cm..doc " 412812004. AlA lIeon.. Nvmber 1148073, which expire. on 61S11OO4.
EliKtratl!c format A201lCM..-ltSl2
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the Owner may pun;haoe lllId maintain other iniuraoce for seIf-
protection against claims wbich may atile from operations
under the Contract. The Conlractor shaD not be raponsible for
purchasing and maintainin~c this optional Owner's liabilily
imurance unle.. .peciftcally "'Iuired by the C,mtfact
Docummls.
11.3 PROPERTY INSURANCE
11.3.1 Un1e.. otberwise providEd, the Owner shaD purchase
and mainlain. in a company or companies lawfully au\.horized
to do bulin... in Ihe jurisdiction in whidl the Project is
located, properly insurance in the amoullt of \he inllial
Contract Sum as well as suboequelll modiflcatioDl therelo for
Ihe entiro Work al the site on a replacement cost baiis withoul
volunWy deduoibles. Such Pr;::::lm iDaurancc shaD be
maintained. unless olberwlse . in the Contract
Documenu or otherwise ....eed in writing by aU ~na and
entilies who are beneficiaries of such ~c.e, until rllllll
payment bas been made as provided in pmgraph 9.10 or until
no person or .ntily other thon the Owner hu on ilJSUrabk
int.tresl in the propeny requiml by this Paragraph U.3 10 be
covered, whichever is .arli.r_ This illsUl'&llU shall include
inlertS\5 of the Owner, the Contractor, Subcontractors and
Sul>-subcontractors in the Work
11.3.1.1 Properly inlW'IDct IhalJ be on all "aD-ri&k" poIky
form and shall Insure against the peril. of lilt and extended
cov<r.,. and physicol Iou or damage iDcllKlina. without
duplication of -v theft. vandali8lT1, malicious mischief.
collal'ft. fabt- 'tarv buildir and debrio removal
"" ' '" ntorcem.nt. of any
..ill caver re..onable
""or Arclul<<1 .ad expenses required u
-;'..red loss_, "age for olher perils shaD not
..los, 01' ..:rwil;e provided in the Conlral:t
":0D11
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be re~
~ocwnenb.
O. '01 inlend to purchase such
p.. co req. ct and with all of the
coy. "nount a. Ihe Owner shaD 10
inform tilt . " In Wi_ . _c CODlII1tDUIDOJ1t of
the Worlt. The COi "may .le'; etkc:t buuranc.e which will
protect the il1_ '. COl1lractor. Subcootraaon and Sub-
subr'"o"actors in the,c c and by appropriate Change Order
the ,,,,,,of sbalJ IX charged to the Owner. If \he
Con"., _ ., '"' dJmaged by Ibe failure or l1t\llect of the Owner to
pur<bue or maintain insurlJlct as described above, withoul so
notifying the Contraclor, then the OWner shaD !leu all
rellSObable costs properly attributable thereto.
11.3.1.3 If Ihe property mlll""'ce requires minimum
deducUbles and such deductibl.. are identirted in the Contr.tcl
Documenli, Ih. Contolctor shan pay costs nol covered because
of such deductibles. If the Owner or inlUref" inc"'..... the
required minimum deductibl.. above the amounts SO identified
or if the Owner elecls to pUl:chaJc this inJurance with volunlary
deductible amounts, the Owner shall be responsib1e for
payment of the adclitionol costa DOl covered bec_ of IUch
incrused or voluntary deductibl...
11.3.1.4 UIlless olhtrwi5e provided in the Conlract
Documents, lhiI properly in:lurallCe shall cover portions of the
Work. S10red off tn. site .fter written approval of the Owner at
the value established In the approval. lIlId aha portions uf lbe
Work In tranAL
11.3.1.5 The insurance required by this Paragraph 11.3 is not
intended to cover maehInery. lools Or equipment owned or
renled by the Conmcto, which are utilized in the performance
of the Work but not Incorporated into the pennanent
improvements. The Contractot shall. al the Conlra<:IDr'. own
expense. plUYide iDsuran.:e coverllle for owned or rented
. machinery. 1001. or equipment ",hiGh shaIJ be SlJbj<<tlo the
provWons of Subparaaraph 11.].,.
11.3.2 Boiler and Machintry Insurance. The Owner
IhalJ purchase md maintain boiler md macllinery insurance
required by the Contract Documents or by I.w. whidl shall
specirJally cover such insured object. durill8 insl8llalion and
unlll final acc:"Plance by lb. Owner; this insurance shall
incbsdl! inlel1!Sls of the Owner, Con.tructinn Manager,
Con\raclor, Subcontracton and Sub-Iubcon\raclors in the
Work. and the Owner and Contractor shaD be named insweh.
11.3.3 Loss of Use Insurance. The Owner, al the
Owner's option. may purcltase and maintain such iOSUl:antt as
will insure the owner against loss of 1* of the Owntf'.
properly due tn lire ar other haunls, bD'om'er ca~, The
Owner waiva all rights nf action against the Contrac:tor for loss
of use of the Owner's properly. including consequential lasses
due to lire or other bazards however caused.
11.3.4 If the Contractor requesu in writing lbat in.l1OO1ce for
risb other than thole described herein Dr for other special
hazanla be included in \he properly Inswaoce policy, the
Owner shall, If pos~, iDclud. such in&urance. and the cost
thereof shall be charged to the Contractnr by appropriate
CIwIge Older.
1I.3.S If durlJls the Project construction period Lbe Owner
ins"",, properties, real or personal or both. adjoinina or
adjacenl In the file by propeny insurance under poIici..
separate from th_ insuring the Project, or if after IInal
payment properly insurance io to be provided on lbe completed
Project through a policy or polici.. other than those in.u~:ft
the Project during lhe cotlSlruction period, the Owner
waive all rlghu in accordance with the terms of Subparagraph
\1.;1.' for damages caused by lire or olheT p<!riIs coveted by this
separale property insurance. AlIsepanlte polk:ies sb&Il provide
this waiver of IUbrogaUon by endorsement 0' other...i...
11.3.6 Before an exposure to loss may occur, the Owner shall
liIe \Vith the Conltactor . copy of eatb policy that include.
insu= cov...." required by~. Paragra\,~ IH Each policy
shall cObtain all generally .pp\'cable condlllOns. delinitions,
exclusions and endonemenu relaled 10 this Project Each
policy shall contain a provision Ihat the poliq will nOl be
Canceled or allowed 10 expire until .tleast 30 days' prior written
notice hu been given 10 the Contractor_
Co' 19Y1 IHl. AMUl.It.AN IN:tIIlUlt UF ARCHITECB, 113~ NEW YORK AV[NUt. N.W., WMHINGloN. D.C.. 21.,JUUD-5.l'!I.l. AI" LJUC~~ENT A201/CMa
_ GEIIERAL CONOnlONS 01' THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISER EDITION - 1992 EDITION . AIA~ -
WARNING: Unlicensed photocopyin8 violate. U.S. copyriaht laws and will lubject the viobltor to legal prosecution. This document was
.lectronir;lIlly prod",.d with permit.ion of the AlA Ind eM ~ r."Dduc:ed jI'J ~04'danc. whh your IkenH .without violilltion ~r\l 1M date of
.'plrarion as nOlad bolow. U.., Document: 2oo20I3020Icma,doc -. 4/2812004, AlA Locen.. Number 1148073. which ..pi"'. on 61512004c
E Iect,onlc formol AlO11CMa- "'2
15
11.3.1 Waivers of SubrOSltion. The OwDer and
Contractor wain aD ri&bls against .ach other and against \he
Construction Man",..., Ard1itect. Owner's other Contractor.
and own forces described in Article 6, if any, and \he
subcontractors, lub..ulxontractors. colISultants. &genlo and
employees of any of them. for dam"lle. <awed by fire or other
perUs to the extent covered by properly insurance oblainod
pumaant to this PUlIgrap/l 11.3 or other prop"rty insurance
applicable to the Work. except such rights as the Owner and
Contractor may have to the proceed. of such in.urance held by
the Owner II fiduciary. The Owner or Contractor, as
appropriate, shall mjuire of the Cowlrudion Maoager,
Construction Manager's consultants, Ardlilect, Architect',
consul~t.s, Owner'. "pIlOte contracl<m described in Article
6, if any. and the subcontractors, sub-subcontm:lors, agents
and employee. of any of them, by appropriate agreements,
writJen where legally re<}uired for validity, simuor waiven each
in favor of other partia enwneratod berein. The policies shall
provide such waiv.... of IlIbrogation by endorsement or
othorwi... A waiver of subrogation shall be effective as to a
person or entity ""en tbough that person or entity would
otherwise have a duty of indemnification, contractual or
otherwise, did not pay the insurUlCe premium directly or
indirectly, and wbether or nOl the person or entity had an
insurable interest in tbe property damagod.
11.3.8 A 1000 insured under OwDer'. property in.ur~ WlI
be adjw;toci by the Owner a. fiduciary and made payable to the
Owner as fiduciary (or the insureds, a. their interests !l1.IIy
ar.pear, .ubject to requiroments of any ~cabl. mortgagee
c aUse and of Subparagraph 1l..J.lD. The liactor .ball pay
SubconlRctolll their JUA shares of insurance proceeds reaivod
by the Contractor, and by appropriate agreements, written
who,. legally nquired for validity, shaD rtquiro SubcOllllmon
to make P"Ylt1ents to their Sub-subcontractor. in similar
manner.
11.3.9 If nquired. in writing by a pQt.y in intemt. the OwDer
as fiduciary shall, upon occurrence of an inSURd loss, slye bond
for ~roper performance of tbe Owner', dutie.. The cOIl of
rtquired bonds shall be chargod against proceeds received as
liduciary. The Owner shall deposit in a ..parote account
proceeds so receivod, wbich the Own.r .baD distribute in
accordance with such agreement as the part.ia in inkreol may
reach, or in accordance with an arbitration award in which co..
the pro<<du... .bill be .. provided in Paragraph ..." If after
such 1051 no other speclal agreem.nt is made, ...placement of
dl1Dllged property mall be covered by appropriate ChaoS.
Order.
11.3,10 The Owner as fidu<iary sball have power 10 adjUSland
setll.. a loss with insurers unless one of the parties in inte,.st
shan object in writing within five day> after occurrence of loss
to th. Owner', exercise of this power; if such objection be
made, arbitrato!"! shaD be ch05Cn as provided in Puagraph 4.'.
Th. Owner as fiduciary shall, in that case, make settlement
with insure.. in accordmce with directions of SIlCh arbitrators.
I f distribution of in.uranCe proceeds by arbitration is required.
the arbitrato.. will direct such distribution.
11.3.11 Partial_upancy or use in accordance with Paragraph
,., shall uoC commence until the wuran,. company or
companies providing property insurance have consented to
such partial occupancy or use by endonem.nt or otherwiJe.
The Owner and the Contractor shall take reasonable step. to
obIain consent of the in.ourance company or companies and
shall, without mutual written consent, take hO action wilh
respect 10 portia! oc<upancy or use that would cause
cancenation.lap.e or reductlou ofillsurance.
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11.4 PERFORMANCE BOND AND PAYMENT
BONO
11,4.1 The Owner shall have the rigbt to require the
Contractor to furnish bonda ,overing. faithful performance of
the Conlract and payment of obligation. .ming thereunder as
stipulmd in bidding requirement. or sptciflcaUy required in
the Contract Do<UDleDta 011 the date of execution of the
Controcl
11.4.2 Upon th. request of any person or entity ap""aring to
be a potential heneficiary of bonds covering payment of
obligations arising unda tho Contract. the Contractor shall
promptly furnish a copy of the bonds or shaI1 pennit a copy to
be made.
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a pclrtion of the Wnrk i, ~overed contrary to the
COIIStrUct.lon Man"er'. or Architecl's nquest or to
requirementa specitk:aUy expressed in the Contract
Documrnr., it must, jf nquired in writing by either, bt
unc<JVmd for their obserVation and be tq>laced at the
CoatrIcUlr', ""pen_ without ch.n8e in the Contract Time.
12.1.2 If a portion of the Work Iw been covem/ which the
Construction Manaser or Ardaitect. hu not spec1flcaDy
requeoted to obIerve prior to its being covered, the
ConslnJ<tion Monas'" or Ardtitcct may rtquesl to see such
Work and It shall be uncoverod by th. Contnctor. If such
Wor!t is in accordance with the Contract Do<umenu, coals of
uncovering and replacement .boll, by appropriate C~e
Order, be chlllled to the Owner. If such Work is not Ul
accordance with the Contract Documents, the Contractor shaD
pay such costs unless the condition "'II Oluoed by the Owner or
OM of the other Contractors in wbich event the Owner shall be
responsible for payment of sucb costs.
12.2 CORRECTION OF WORK
12.2.1 1M Contractor shaD promptly corr<<! Worl rejerted
by the Construction Manager or Architect or failing to conform
10 the requirementa of the Contract Documents, whether
obseTvod hefo,," or after Substantial Completion and whether or
not fabrlcaled, In&lled or compl<ted. The Contractor .haD
bell cosio of correcting such rejected Work, including
additional testinll and iosp.ctioo. aJ)d compensation for the
~ 1"2 THt: AMtHILAN JNSlITUTt OF ANOlJTfCTS, 1735 NEW YUKK AVtNUE, N.W., WASHINGTON, O.C.. 2~5292. AlA UOl.UMtNI A201ICM8
- GEN~RAt CONDITIONS Df THE COI'fTRACT FOR CONSTRUC110N . CONSTRUCTION MANAGER.ADVISER [OITION - 1992 EDITION _ AlAe -
WARNING: UnliconS6d photocopyl"l violates U.S. copyright law. and will ....jo<, the vlola1<lr 10 legal prosecurion. This docu",,"n! waS
elec:fronglly produced witt! permission of the AlA and can" reprcducld in Kcor~ with your IkenN without viot.tlon until tile dare of
expiration as no...d below. User Docum.nt 20ll2013a2Dlcma.doc -112812004. AlA License Nomber 1l48D73. which expir.. on 61512004.
Electronic Format A20UCMa-1992
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I 12.2.2 If. within one year alier Ih. dale of SubslanUal
Completion of the Work ordesignaled portion thorrof, or after
the dm for commenccment of warranli.. ..Ulblished und...
Subparagraph !/.,.1. or by tenns of an applic:ablo spodal
I WllTInly required by the Contra" Documents, any of the
Work is found to be nol in accordanu with the requirements
of the Conlroct Documents, the Contractor sbill correct it
I promptly .fu:r rt<eipt of written notice from the Owner ID do
so unk.. the O""er hu prrviously Riven the Contractor a
writt.n oca:ptance of such condition. tbls period of Doe yur
shill be extended wi1h ..specl to portions of Work lirat
I performed afler Sub6t1ll1tial Completion by the period of time
. between Substantial Completion and the octual performance of
the Work. This obligation under \hi. Suhpuagrapb u.:u .hall
survive acceptance of th. Work under tbe Contract and
I terminali<>ll of the Contract. The Owner duill aM .uch notic.
promplly after discovery of the condition.
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Conslr\lction Minager'. and Archilect'S service. and expenses
made necessary thereby.
12.2,3 Th. Con\r8CIor shan remove from the site portions of
the Work which ore not in ac:cordana with tbe requlrtmenu of
the Contract Documenll and In' neither corrCcted by the
Contractor nor accepted by the Owner.
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12.2.4 If the Conlraclor fail. to cornel nonconforming wan.
within a reasonable lim.. the Owner may correct it in
accordance witb P~ph 2.... If the Contnctor does nol
proceed with corttction of such Donconfonning Work wllhin a
reOlODlble tIm. lixtd by written notice from the Architect
issued through the Construction Manager, the Owner may
remove it and store the salvable materials or equipment at the
Contractor'. expense, If Ih. Con\r8CIor doe. not pay caslS of
such removal and storage within len days after written nolke.
the Own.r may upon ten additional days' written noli", sell
such material. and equipment al auction or at private sale and
shall Kt.OUnl for the proceed. thereof. after deductinl COlla and
daO:~l~ that should have betn borne by the Contractor.
iocl '& comp"lISalion for the Co<latnlctlon Manaaer'. and
Attbited.'s services and expen... .made neceuary thereby. If
ouch proceeds of sole do nOl .over cools which the Contractor
should have borne, tbe Contnct Sum shall be Miuced by the
deficiency. If payments then or thereafter due the Contractor
ore IiOl sulllclenl 10 cover sucb amoUDt. the Conlrador shall
pay tbe diff<renco to the Owner.
12.2.5 The Contractor .hall bear the coot of cometing
desttoyed or damaged construction, whether completed or
partiaUy complrted. of the owner or other ConlraClOrS caused
by the Contraclor's correction or removal of Work which is not
in accordance with the r.quiremenl.l of the Contra<:t.
DocUtnents.
12,2.6 Nothing cOfltoinm in this Paragraph 12.2 shall be
constrUed to erlablish a period of limitation with re.pect 10
olher obligation. which the Contractor misJ11 have wtd.r the
Contract Doc:umenl5. Eslabliohm.nt uf the time period of one
year .. described in subparagrapb u.;u reJates ooly to tbe
specific obligalion Df the Controctor 10 correct the Work. and
h.. no relaliomhip 10 the time within which the obligation to
comply with the CDntraCI Doc:umenls may be rough! 10 be
enforced, nor to the time within which proceedings may be
commenced to establish the Contractor'. liability with mped
10 the Contractor's obligations oth.r lhan specifically to comct
theWor".
12.3
ACCEPTANCE Of NONCONfORMING
WORK
12.3.1 If Ihe Owner pref.... to a"ept Work which iR not in
accordance with lb. requirem.nls of the Cont"",t Docum..nts.
the Owne, may do SO inst.... of requiring its removal one!
correctlOll, in which calC! Ihe Contract Sum will be reduced ..
appropriate and equitable, such a4jUlllment shall be .ff.cted
wbeth.r or nol final payment h.. been mad..
\3.\
ARTICLE 13
MISCELLANEOUS PROVISIONS
GOVERNING LAW
13.1.1 The Contrro shall be governed by the law oflhe place
where th. Project is 10001ed.
13.2
SUCCESSORS AND ASSIGNS
13,2.1 The Owner and Contractor respectively bind
Ihem..\ve5, their panners, sUcc.ssors, assigns and legal
repR..ntativ.. to the other party hemo and to parlnm.
.uccessors, assigns and legal reprtSenlatives of such oth.,. party
in respect ID covenanu. agreements and obligations contained
in the Con\r8CI Documents. N.ither pony 10 the Con~oct shan
assign the Contract as a wbole wllhout writtell consent of the
otber. If either party attempts to make such an assignment
without .uch consent, lbal party shan n..,.rth..... remain
legally ....ponSlDle for an obligations under the Contract.
13.3
WRITTEN NOTICE
13.3.1 Writt.n noti"" shall be deemed to bave been duly
.....ed if delivered in person to the individual or . member of
the firm or enlity 0< to an otfJW of the corporation for which it
was int.~. or if delivered 01 or senl by registered or certified
~ 10 the Iut business address known to the party giving
notke.
13.4
RIGHTS AND REMEDIES
13.4.1 Duties and obligations im~ by the Contract
Documenta and right> and remcdi.. available thereunder shill
be in addition 10 and nOl a limitation of duties. obligations,
right. and remedies otherwise imposed or available by law.
\3.4.2 No action or failure to act by the Owner. Construction
Mlllag.r. Architect or Contractor shaU constitute a waiver of.
right or duty affonlcd them under th. Contract, nor sball sucb
action or failure to oct constitut. approval of or acquiescence iJJ
a breach thereunder. except OJ may be specifically asreed in
writing.
I) IllY..! 'HE AMtJU~N IN~TITUTE OF A.fU..HIII:,l.[), 1735 NEW YORK AVENUE. N.W.. WASHINGTON, D.C., lUUUtt-S291. AlA OOCUMt.NI A101Jf..,Ma
_ GENERIIL CONDITIONS OF THE CONTI\I\CT FOR CONSTRUCTION. CONSTRUeTION MANAGER.ADVISER EDITION. 1992 EDITION - iliA. .
WAR.NING: Unlicensed photoccpvinS viwtl!s U.S. copyright lawI and will subject the viol.'or fO 1.811 prosecution, This document W41IJ
electronically prOdtad with permlllion of 1M AlA .nd GIft t>> reproduced in KCordanu with your license wiThout violation until the d.t" af
..pi,..ion as nored below. u_ Do<umen" 2OOlQlla201cma.doc - "'2812004. AlA Licon.. Number 1148073. which expi... en 6/SI2004.
Electror'llc: F'ormat A10l/CM.-llj92
27
13.5 lESTS AND INSPECTIONS
13.5.1 Tests, InspectiollJ and approvals of porliom of the
Work ..quire<! by the Contract Documents or by laws.
ordinances, ruin. regulatiollS or orden of public au1horiti..
baving jurisdiction shaU be made at an appropriate time.
UnlesS oIhe<WiJe provickd. the Contractor shaH mm
arrangemenu for such tesu. inspection. and .ppravoIs with All
independent testing Iabop.tofy or entlly acc.eptahle to the
Owner, or with the appropruu public authority, and shall boar
all ..lated costs of tts1$, inspections and approvals. The
Contractor shall give lilt Construction Manager and Architect
timely notice of when and where tests and Inspeaion. are to be
made so the Construction MaJla&er IIIId Architcct may ob.seroe
such procedures. The Owner shall bear Costo of teats,
inspections or approvals which do not become requiremenl8
until al\er bids are re<;eived or negotiations concluded.
13.5.2 Ir the Construction Manager. ArchItect, Owner or
public authorities b.o.ving iurisdldlon dttel!llinl! that portlolU
of the Work require addIliDnal testing. inspection or approval
not included under Subplf'88rapb ".p, the Construction
Manager and Arcl1\tect win. upon written authorization from
the Owner. Instruct the ConlnCtor 10 make amngem.nts for
such additional lestlna. insl'"Cti<>n or approwl by an enlily
accepl8ble to tho Owner. and tbt ConlRCtor shall giw: timely
notice to the Conslrllction Manager and Arcbile<:t of when and
where tests and inspections are to be made so the COllSlruc\ion
Manag... and Arcbiltcl may observe such procedurtS. The
Owner shan bear such costs e""ep1 a. provided in
Subparagraph 1J.j.J.
13.5.3 IF sud, procedures for testing. \mp<ction or approval
under Subparagraphs 1J.5.1 and 13-5-2 _..I failuJe of Ihe
portion. of the Work 10 comply with Jequlrements ealabliahed
by the Contract Documenl8, the Contractor shall bear an COllJ
made necessary by such fail~ including those of repeated
procedureo and campenAlion for the Condruc1ion ~'.
and Architect'. ..TYke. and expenses.
13.5.4 Required certificales of \e;lti"c> iJ1&pection or approval
shall. unless otherwise requirtd by the Contract Documelllo, be
secured by the Conttactor and promptly delivered to the
Collllnlction Manager for transmillal to the Architect.
13.5.5 If Ihe Conslluction MaDJJgft' or ArcIUb!ct is to ohM"",
t.sts. inspeclions or approvals required by the Contract
Documellt.o, the C01llt1UdiOD Man'ller or Architect will do so
promptly and. wh.re pncticablt. at the normal place of "SlinS.
13.5.6 Tests or inspi:ctions conducted pursu.mt to the
COnlraCI DoannenIS shaU be made promptly 10 avoid
unreasonable delay in the Work.
13.6
INTEREST
13.6.1 Paymenu due and unpaid under the Contract
Do<umenls shall bear inlerest from the date paymenl is due at
such ral' u the partks may agree upon in writinS or, in tho
absence thereof. at the legal rate preniling from time 10 time at
the pltu where \be Projtcl is located.
13.1 COMMENCEMENl OF STATUlORY
llMIlATION PERIOD
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13.7.1 As between the Owner and Conlractor:
.1 Before Substantial Completion. As 10 acts or
failures 10 act o<:clUrins prior to the relevanl dale of
Substanlial ComplellOll. a"y applicable statute of
limitations shall commence to tun and any alleged
CaIJlt of octlon shaIi be deemed to have lCaUed in any
and all ev.nts nol later than such dale of Substantial
Completion;
.2 Bet_n Subst...tle' Completion and Final
Certificate for Pll'fIllent. As to acta or fallurts to
act occurring subsequenl 10 the relevant dale of
SuJ.tanlia\ COIl1J>letion and prior to i..uanc:e of th.
final Certificate for Payment, any applicable mtute of
limitations shaU commence to run and any alleged
ca.... of actiOll shall be deemed 10 have acaued in any
and alleYeDIs not lat.<r than the date of Issuance of the
final CerIIflcat< for Payment; and
.3 After fina' Certificate for Payment. As 10 acts or
failures 10 act occurring al\er tbe relevant date of
issuana of the final CortiIiClIt.< for Payment. any
applicable slatule of limitation. &ball commenc:e \0
run and any aUeged cause of action shaIJ be deemed to
haw: acclUed in any and aU eventa not later than the
da~ of any act or failure 10 act by the Contractor
punuant to any warnnly provided under Paragraph
J.~ thedat.< of any cotre<;(\on of the Work or lioiluJe 10
correct the Work by the Contractor under Parasraph
1U, or the dat.< of 8Cl.ua1 corrunia\on of any other act
or fai!llre to perform any duty or obligation by Ihe
Conlractor or OWner. whichever occurs Iut.
ARTICLE 14
TERMINATION OR SUSPENSION
or THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contract may tmninalc th. Contract if the Work
is slopped for a period of)O days through no act or fault of the
Conlractor or a Subcontractor. Sub-subconlRCtor or their
agents at emJ>loyees or any other perIODS performing portions
of the Work under contraa with the Contractor. for any of the
foUowins reasons:
.1 iuuana of an order of a court or olber public
authorily baving jurisdiction;
.2 an act of governmtont, such as a dedaration of national
emergency. making material unavailable;
e 19~2 TNt. AMtRICAN INSrIIUlt Of AR.CHITECT'5. 1]]5 NEW YORK AVt.NUt., N.W., WA:iHlrKlrON. D.C.,1OOO6.S2'1. AlA DOCUIYIENT ^.lUl/l.Ma
- GENERAL CONDITIONS or THE CONTRACT raR CONSTRUCTION. CONSTRUCTION MANAGER.ADVISER EDITION. 1912 EDITION - AfAllI .
WARNING: Unlic1lI\..d phoTocopying viol.",. U,S. eopyriahl l.ws .nd will .ubjtd the viol...., to leg.1 proseCUTion. Thi. documenT was
electronically produced w~h ~misslon of tho AlA and can be r.produced in accordanc. w~h your lie"".. without viol,'1on unlil tho dare of
e'piration .. norod below. Us.. Doc:ument; 2002013a201an..doc - <ll2BnOO4. AlA License Number 1141lO73. which .spires on 6/512004.
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.3 because Ihe COll>truclion Manager or Arcllilect has
nol is&ued a Certificate for Payment and has hOt
notified the Contractor of the reason for withholding
certification as prDVided in Subparagraph 9.4.2. or
because the Owner has not made paymenl on a
Certiflalt for Payment ...<ithin the time stated in the
Contract Documents;
14.2.2 When any of the above reasons exlsI, the Owner, afler
consultatiOll with Ibe Consllllction Manager. and upon
certilication by !he Architect \bal sufficient cause exisls 10
justify such action. may \fi!hout prejudia: to any other rights or
",medi.. of the Owner and al\.r giving the Conlractor and the
Contractor's surety, if any. seven days' written noli.ce. terminate
employment of lhe Contractor and may. .ubje<:tlo any prior
rlgbts of Ibe ''''''ty:
.1 take possesaion of the site and of aU malerials.
equlplIWlt. tool.. and constructioo equipment and
machinery thereon owned by the Conlractor:
.2 accepl assignmenl of subcontrac\.$ pursuanl to
Paragraph 5.4; and
.3 fUlisb the Work by wbal~r reasonab~ method the
OWner may deem expedient.
14.2.3 When !he Owner terminatt. the Contract for """ of
llIe reasons stated in Subparagnph 14-2.1, tht Contractor shall
not be entitled 10 receive further payment until the Work is
finished.
14.2.4 If the unpaid balance of Ill. Contract Sum exceeds
coa\$ of finisbins the Work. including compensation for the
Construction Manager's and Architect's services and ""pel1"s
made ne<:esWy the",by, such CJtCe1lS shall be paid 10 the
COlltrlctor. If such coots exceed the unpaid balance. Ibe
Contractor shall pay the difference 1.0 !he Owner. The amount
to be paid to !he Contractor or Owner, 81 !he cue III&Y be.
shan. upon application, be certified by tbt Archil<<t after
consultation wi!h the CODsuuction Manager. and this
obliAation for payment shatt survive \ermination of the
Contract.
14.3 SUSPENSION IV THE OWNER fOR
CONVENIENCE
14.3.1 The Owner may. withOlll caU/le. o.w.r Ibe Contractor
in wrltina to suspend. delay or interruptlhe Work in whole or
in port fur such period ol time... the owner may determine.
14.3.2 An lldjuWnent obaIl ~ made for incm.... in the coo
of performance of the Contract, including profit on the
jpc",ued cost of performance. caused by suspension. delay or
intmuplion. No lldjustment shall be mad. to the extent:
.1 that performance is. was or would have b<en SO
....pebded. delayed or intemJpted by another cause
lor which the Contractor is re.ponsible; or
.2 thaI an equitable adjustment is made or denied under
another provision of !his Conlracl.
14.3.3 Adjustments made in the cost of performance may
hov.o mUluaIIy agued filed or percentage fee.
o "'1 'HE AMERIcAN INSTITUTE Ut ARt.HITECT5, 1135 NEW YORK. AVtNlJE, N,W., WMHINGTUN. D,C., 20C0b..~I~L. AlA DOCUMENT Al01/(,MiI
_ GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION - CONSTRUCTION MANAGER-ADVISfR EDITION - 1992 EDITION - AlAe.
WARNING: Unlicensed photocopying violatu u,S. t.opyrighr 18'S and win sub)Kt the violator to legal pro5etution. Thie document was
eleafonic::.tly produced with permlJsian of It. AlA and ,an ~ reprocllKed in <<cordalK'!' with YOUI' license without violation until the date of
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19
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.4 if repealed suspell,ions. delays or interruptions by the
Own... .. described in Paragraph loj.3 constitute in the
aggregate more than .00 percent of Ibe lotal number
of <bys scheduled lor completion. or no day. in any
365-day period, whichev.r is 1_ or
.5 the Owner has railed to furni.h 10 the Contractor
promptly, upon the Contractor', request, rasonable
evidence as ll!quirl!d by Subparagraph 2.2.l.
14,1.2 If one of lhe above reuons exists, the Contraclor may.
upon seven additional clays' written notice 10 the Owner.
Construction Mana&ef and Architecl. torminate lhe CootraCl.
and recover from the Owner payment for Work e""uled and
for proven 101$ wi!h r.spect 10 materia"'. equipment. tools, and
construction equipment and machinery, includins "'aSOI1ab\e
overhead, profi\ and damage..
14.1.3 llthe Work is stopped foro period oC60<bysthmugh
no act or fault of thc Contraclor or a Subcontractor or their
ogont. or en'ployee, or any oth.r person. perfonniDS pOrtlons
of the Work under contract wilh the Conlractor because !he
Owner has peraii\ently failed to lul.6lllhe Owner's obllsaUons
under !he Contracl Dacumenla wi!h mpecl to malten
importanl \0 the progre.. of the Work. the Contractor may.
upon seven additional days' wrilten nO\ice to the Owner,
CODlInlctiDII Manager and An:hileCl, terminate the Conlra<t
and recover &om the Owner as provided in Subporagraph 14.1.2.
14.2 TERMINATION BV THE OWNER FOR
CAUSE
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14.2.1 The Owner may terminate the Contract if the
Contractor.
.1 persistently or rep<otedly refu... or fail. to supply
.nou&!t properly okiIIed worlws or proper materials;
.2 fails to roalce payment to SubcontractOn for malerials
or Jabor in accordance with llIe n:spect~ "S....menl$
between the Contractor and the Subcontractors:.
.3 persistenlly disreguds IaWl. ordinances, or rules.
regulations or orders of a public authority having
jurisdiction; or
.4 otherwise is guilty of subslantial breach of a provLliOll
of the Contract Documents.
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311812004
II
JiVA' '11<) ?fOC.d ~V(lV1U:~
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
This Document contains supplements modifying DOCUMENT 00700, "GENERAL CONDITIONS OF THE
CONTRACT FOR CONSTRUCTION"; Construction Management Edition. AlA Document A2011CMa, 1992
Edition. Where any part of the General Conditions is modified, voided, or deleted by these
SUPPLEMENTARY CONDITIONS. the unaltered portions of the GENERAL CONDITIONS shall remain in
effect.
TABLE OF CONTENTS TO STANDARD ARTICLES AMENDED BY SUPPLEMENTARY CONDITIONS
ARTICLE 1. GENERAL PROVISIONS
1.1 Basic Definitions
1.2 Execution, Correlation, and Intent
ARTICLE 2. OWNER
2.2 Infonnatlon and Services Required of the Owner
2.3 Owner's Right to Stop the Work
2.4 OWner's Right to Carry Out the Work
2.5 Limitation of Responsibility
ARTICLE 3. CONTRACTOR
3.2 Review of Contract Documents and Field Conditions by Contractor
3.3 Supervision and Construction Procedures
3.4 Labor and Materials
3.5 Warranty
3.6 Taxes
3.7 Permits, Fees, and Notices
3.8 Allowances
3.9 Superintendent
3.10 Contractor's Construction Schedule
3.12 Shop Drawings, Product Data, and Samples
3.15 Cleaning Up
3.18 Indemnification
3.19 Representations and Warranties
ARTICLE 4. ADMINISTRATION OF THE CONTRACT
4.6 Administration of the Contract
4.7 Claims and Disputes
4.9 Arbitratlon
ARTICLE 5. SUBCONTRACTORS
5.2 Awards of Subcontracts and Other Contracts for Portions of the Work
5.4 Contingent Assignment of Subcontracl8
5.6 Payments to Subcontractors by the Owner
ARTICLE 6. CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts
6.2 Mutual Responslbllily
ARTICLE 7. CHANGES IN THE WORK
7.1 Changes
7.2 Change Orders
7.3 Construction Change Directives
7.4 Minor Changes in the Work
~ 2004 by Foreman Architects Engineflrs
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ARTICLE 8 TIME
8.2 Progress and Completion
8.3 Delays and Extensions of Time
ARTICLE 9. PAYMENTS AND COMPLETION
9.2 Schedule of Values
9.3 Applications for Payment
9.5 Decisions to Withhold Certification
9.6 Progress Payments
9.7 Failure of Payment
9.8 Substantial Completion
9.9 Partial Occupancy or Use
9.10 Final Completion and Final Payment
ARTICLE 10. PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.2 Safety of Persons and Property
ARTICLE 11. INSURANCE
11.1 Contractor's Liability Insurance
11.2 Owner's liability Insurance
11.3 Property Insurance
11.4 Performance Bond and Payment Bond
11.5 Insurance Carriers
ARTICLE 12. UNCOVERING AND CORRECTION OF WORK
12.2 Correction of Work
ARTICLE 13. MISCELLANEOUS PROVISIONS
13.3 Writt8l\ Notice
13.5 Tests and Inspections
13.8 Interpretations
13.9 Equal Employment Opportunity
ARTICLE 14. TERMINATION OF THE CONTRACT
14.1 Termination by the Contractor
14.2 Termination by the OWner for Cause
14.3 Suspension by the Owner for Convenience
14.4 Termination by !he Owner for Convenience
ARTICLE 1. GENERAL PROVISIONS
1.1 BASIC DEFINITIONS.
1.1.1: THE CONTRACT DOCUMENTS.
1.1.1: Delete the last sentence, and insert:
_'I..'
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
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"The Contract Documents shall include Bidding Requirements, including, but not be limited to,
advertisement or Invitation to Bid, Instructions to Bidders, the Contractor's Bid Form and Addenda
or portions of the Addenda relating to any Bidding DllCUITlents. The Contract Documents shall
apply to all Prime Contracts and each Prime Contractor is responsible for the content of all."
Q 2004 by FO(fjmlfn AlChittlc/s Engineert!
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3118/2004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
1.12: THE CONTRACT.
1.1.2: Add Subparagraph 1.1.2.1:
1.1.2.1: The Contractor acknowledges and warrants that It has closely examined all of the Contract
Documents. that they are suitable and sufficient to enable the Contractor to complete the Wor1<. in a
timely manner for the Contract Sum, and that they include all Work. whether or not shown or
described, which reasonably may be inferred to be required or useful for the completion of the
Wor1<. in full compliance with all applicable codes, laws, ordinances and regulations.
1.1.3: THE WORK.
1.1.3: Add Subparagraphs 1.1.3.1 and 1.1.3.2:
1.1.3.1: The Work shall include the obligation of the Contractor to visit the site of the Project before
submitting a Bid. Such site visits shall be for the purpose of familiarizing the Contractor with the
condltlons as they exlst and the character of the operations to be carried on under the Contract
Documents. including all existing site conditions, aecas! to the site, physical characteristics of the
site and surrounding areas.
1.1.3.2: Nothing in these General Conditions shall be interpreted as imposing on either the Owner,
Architect, or Construction Manager. or their respective agents, employees, officers, directon; or
consultants, any duty, obligation or authority wMh respect to any items that are not intended to be
incorporated Into the completed project, indudlng but not limited to the following: shoring,
scaffolding. hoists, temporary weatherproofing, or any temporary facility or activity, since these are
the sole responsibility of the Contractor.
1.1.5: THE DRAWINGS.
1.1.5: Add Subparagraph 1.1.5.1:
1.1.5.1: The Drawings are diagrammatical and show the general arrangement and extent of the
Work; exact Iocatlons and arrangements of parts shall be determined as the Wor1<. progresses and
shall be subject to the Architect's approval. No extra compensation will be allowed due to
discrepancies between actual dimensions and those indicated. The right is reserved by the
Architect to make any reasonable change in location of equipment, ductwork, and piping prior to
roughing in without invoMng additional expense. Each Prime Contractor shan coordinate his Work
with the Work of others, so that interference between mechanical and electrical work and
architectural and structural work does not occur. Each Prime Contractor shall furnish and install
offsets, bends, turns, and the like in connection with his Work to avoid Interference with work of
other Contractors, to conceal work where required, and to secure necessary clearance and access
for operation and maintenance.
e 2004 by Foreman Architects Engineers
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DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
1.2 EXECUTION, CORRELATION, AND INTENT.
1.2.3: Add Subparagraphs 1.2.3.1 through 1.2.3.3:
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1.2.3.1: Measurement: Before ordering any materials or doing any Work, the Contractor and each
Subcontractor shall verify measurements at the Project site and shall be responsible for the
correctness of such measurements. No extra charge or compensation will be allowed on account
of differences between actual dimensions and the dimensions indicated on the Drawings. Any
difference which may be found shall be submitted to the Architect for resolution before proceeding
with the Work.
1.2.3.2: If a minor change in the Wor!< is found necessary due to actual field condlllons, the
Contractor shaH submit detailed drawings of such departure for approval by the Architect before
making the change.
1.2.3.3: In the event of inconsistencies within or between parts of the Contract Doouments or
between the Contract Documents and applicable standards, codes, and ordinances, the Contractor
shan (1) proVide the better quality or greater quantity of work or (2) comply with the more stringent
requirement; either, or both, in accord with the Architect's Interpretation. The terms and conditions
of this Paragraph, however, shall not relieve the Contractor of any of the obligations set forth in
Paragraphs 3.2 and 3.7.
1.2.3.4: The following order of precedence shall be follow8cl. In the event of conflicts or
discrepancies among the Contract Documents, interpretations will be based on the following
priorities:
.1
.2
.3
.4
.5
.6
.7
.8
.9
The Agl8ement.
Addenda, those of later date have precedence.
Supplementary Condlllons.
General Conditions.
Division 1 and Summary of the Project. Section 01101, Prime Contract Description.
Specifications shall govern in case of differences between drawings and
specifications.
Large scale drawings shall supersede smaller scale drawings.
Dimensions shall govern over scaling of the drawings.
In case of discrepancies either in dimensions in the drawings or in the
specifications, the matter shall be submitted to the Architect who will promptly make
a determination in writing.
1.2.4: Add 10 this Subparagraph:
"Contractor represents that the Subcontractors, manufacturers. and suppliers engaged or to be
engaged by it are and will be familiar with the requirements for performance by them of their
obligations. The Contractor shall not be relieved of responsibility for any Work by showing that a
separate contractor has. or should have. responsibility for the same portion of the Work. Disputes
concerning who, as between the Contractor and a separate contractor, must perform a particular
aspect of the Work or comply with a particular requirement shall be determined by the Architect,
whose decision shall be final and binding upon the Contractor and, if so provided in the separate
Contractor's Contract for Construction, upon the separate contractor. if the Architect decides that
the particular aspect or requirement is within the scope of Work of both the Contractor and a
separate contractor, the Architect shall decide which Shall parform the Work and which shall give
the OWner a credit to the Contract Sum for omitting the Work."
<D 2004 by Foreman An;hiteels Engineers
00800-4
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3/18/2004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
1.2.4: Add new Subparagraph 1.2.4.1:
"1.2.4. 1: Sections of Division 1 . Gelleral Requirements govern the execution of all sections of the
specifications."
1.2.5: Add new Subparagraphs 1.2.5.1 and 1.2.5.2:
1.2.5.1: Except as defined in Subparagraphs 1.2.5.1 and 1.2.5.2, for the purpose of this Project,
the meaning of all words, shall be in accord with the definitions given in "The Random House
Dictionary of the English language, Second Edition, Unabridged, copyright 1987".
1.2.5.2: Certain terms used in Contract Documents are defined In this article. Defmitions and
explanations of this article are not necessarily either complete or exclusive. but are general for the
WOI1< to the extent they are not stated more explicitly in other provisions of the Contract Documents.
These tenns are:
.1 Indicated: The term "indicated" is a cross-reference to graphics, notes or schedules on
drawings, to other paragraphs or schedules in lhe specifications. and to similar means
of recording requirements In Contract Documents. Where terms such as "shown",
"noted", "scheduled", and "specified" are used in lieu of "Indicated", it is for purpose of
helping reader locate cross-reference, and no limitation of location Is Intended except
as specifically noted.
.2 Directed. Requestsd, Etc.: Where not otherwise explained, terms such as "directed".
"requested", "authorized", "selected", "approved". "required", "accepted". and
"permitted" mean "directed by Architect", after consultation with the Construction
Manager "requested by Architect", etc. However, no such implied meaning will be
interpreted to extend Architect's or the Construction Manager's responsibilty into
Contractor's means and methods of constl\Jctlon.
.3 Approve: Where used in conjunction with Architect's response to submittals, requests,
applications, inquiries, reports and claims by Contractor. the meaning of term
"approved" wNI be held to limitations of Architect's responsibilities and duties as
specified ill General and Supplementery Conditions. In no case will "approval" by
Architect be Interpreted as a release of Contractor from respollsibilities to fulfill
requirements of Contract Documents.
.4 Alternate: A defined portion of the Work that is priced separately giving the Owner the
option In selecting the final scope of Work.
.5 Alternatives/Substitutions: A proposal to use manufacturers, materials, products,
systems. or equipment approved by the Architect for use in place of those specified.
.6 Fumish: Except as otherwise defined in greater detail, term "furnish' is used to mean
supply and deiiver 10 project site, ready for unloading, unpacking, assembly,
inslallation. and similar operations, as applicable in each instance.
.7 Install: Except as otherwise defined in greater detail. term "install" is used to describe
operations at project site inCluding unloading, unpaCking. assembly, erection, placing.
anchoring, applying, working to dimension. finishing. CUring. protection. cleaning and
similar operations, including the coordination with other contractors as appiicable in
each instance.
@ 2004 by FO/llman Architects Engineers
00800-5
2002013
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SUPPLEMENTARY CONDITIONS
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.8 Relocate: The word "relocate" shall mean "move from the existing 10catJon to the new
location installed complete and ready for use" all items noted on the drawings and/or
indicated in the specifications.
.9 Provide: Except as otherwise defined in greater detail. term .provide" means to
properly fabricate, complete, transport, deliver, install, erect, construct, test and furnish
labor, materials, equipment, apparatus, appurtenances, and items and expenses
necessary to properly complete in place, ready for operations or use under the terms of
the Contract Documents.
.10 Coordinate; The tenn "coordinate" means to cooperate with related trades to furnish
and install all connections between the trades in correct sequence, size, and location to
create a complete system ready for intended use.
.11 Verify: The term "verify" means to measure, investigate, review, test, check the
accuracy or correctness of and prove by demonstration, evidence, Dr testimony. the
locatJon, size, dimension, and condition of an item.
.12 Concealed: .Concealed" when used herein, shall mean hidden from sight as in
tranches, chases, furred spaces, pipe shafts, or hung celllngs.
.13 Exposed: "Exposed" shall metln that piping or equipment is not 'concealed" as defined
herein. Piping and equipment in meehanl<:8l equipment rooms, storage areas. or
unfinished rooms is to be con.iderad as "expoHd".
.14 Regulation: The term "Regulations" inCludes laws, s1Btules, ordinances lInd lawful
orders Issued by authorities having jurisdiction. as weI as rules, conventions and
lIgreements within the construction Industry Ih8t control perfonnanoe of the Work,
whether they are lawfully Imposed by authorities having jurisdiction or not.
_15 Installer: An "InstaHer" Is an entity engaged by the Contractor, either as an employee,
subcontractor or sub-subcontractor for performance of a pertlcular construction activity,
including instaUation, erection, application and similar operations. Installers are
required to be experienced in the operations they are engaged to perform. The term
"experienced", when used With the term "Installer" means havlng a minimum of five
years of previOus Projects similar in size and scope to this project, and familiar with the
precautions required, and has complied with requirements of the authority having
jurisdlction_
.16 Contract Description: List of speCification sections. narrative, and contract document
references that will be the responsibility of that specific Prime Contrllctor.
_ 11 Prime Contractor: Contractor who will have a contract to perform a specific contractcdescriptJon; referred to as Prime Contractor or Contractor.
.18 Architect/Engineer: Referred to as an ArchhectlEnglneer, Architect, or Professional.
ARTICLE 2. OWNER
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER.
2.2.1: Delete the words: "and promptly from time to time thereafter,".
il:) 2004 by Forel7l8n Arohilectll Enginee,.
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2.2.2: Delete this Subparagraph in its entirety and insert new:
2.2.2: The Owner shall not be responsible for furnishing surveys (unless required for the execution
of the Work and requested by the Contractor In writing) or other information as to the physical
characteristics of, legalllrnitations of or utility locations for the Projeel site, but shall furnish or cause
to be furnished to the Contractor. to the extent reasonably required, a legal description of the
Project site, whiCh shall not constitute one of the Contract Documents. Contractor shall confirm the
location of each utility. shall excavate and dispose of eaCh on-slle utiUty and shall cap each off-site
utility as required by the Work and as may be included in \he Spec;l1catlons. If the Owner should
provide to Contractor in the Contract Documents or otherwise. any test borings and Information that
It has as to subsurface conditions and site geology. Owner shall not be deemed thereby to assume
any responsibility whatsoever with respect to the suffICIency or accuracy of borings made, or of the
logs of test borings, or or other investigations. or of the interpretations made thereof, and Owner
makes no walTilnty or guaranty, express or Implied, that the conditions indicated by such
investigations, bOrings, logs or Information are representative of those eldsting throughout the
Project site, or any part thereof, or that unforeseen developments may not occur. The Contraelor
represents that it Is familiar with \he Project sile and has received all information it needs
concerning the condition of the ProJeel site. The Contraelor represents he has inspeeled the
location of the Work and has satlsfled itself as to \he condition thereof, including, without limitation,
structural, surface and reasonably ascertainable subsurface conditions. Based upon the foregoing
inspections, understandings, agreements and acknowledgments, the Contractor agrees and
acknowledges (1) that the Contract Sum is just and reasonable compensation for all Work,
including foreseen and foreseeable risks, hazards and difficulties in connection therewtth, and (2)
that the Contract Time is adequate for the performance of \he Work. The Contractor shall have no
claims for surface or reasonably ascertainable subsurface conditions encountered. The Contractor
shall exercise special care in eXBCuting subsurface work in proximity of known subsurface utilities.
improvements, and easements.
2.2.5: Delete this Subparagraph in its entirety and insert nllYr.
2.2.5: Each Prime Contractor will be fumished complete Project Manuals and Drawing Sets, as limited
below, free of charge. Each PrIme Contractor shall pay the actual cost of reproduction and delivery for
all additional manuals requested by him. Each Prime Contractor should expect considerable delay in
reproduction of additional sets of speciflcations_
Projed Manuals
Comotete Sets
10
3
3
3
3
3
3
3
3
3
5
3
5
5
3
General Contractor
Roofing Contractor
Aluminum Windows
Acoustical, Drywall, and Plaster Contractor
Resilient Flooring and Carpeting Contractor
Painting Contractor
Visual Display Boards Contractor
Food Service Equipment Contractor
General Casework Contractor
libraI)' Casework Contractor
Plumbing Contractor
Fire Protection Contractor
HV AC Contractor
Electrical Contractor
Communications Contraelor
Drawings
ComaJete Sets
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02004 by Fomman An;hi/ects t:ngineers
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DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
2.2.5.1: Architect will provide AutoCAD files containing base plans only (walls, doors, windows, soffits,
etc.) to Prime Contractors. To obtain these files, each Prime Contractor shall furnish a written request to
the Architect identifying which units of the building are needed, with an explanation for the request,
which AutoCAD version \s required, and the preferred method of delivery. Requests from
subcontractors will not be considered. The Architect based on an hourly rate will invoice each Prime
Contractor for these services. Requests for complete AutoCAD fileS will not be considered.
.1 Professional seals and company logos will be removed from the files. The Architect will not
be raponslble for eleclronlc date (drawings) once the seals and logos have been removed.
.2 The use of the electronic fries is at the Prime Contractor's risk. Prime Contractor shall
compare the electronic date and the Contract Documents end verify the content is the same.
Architect will not be responsible for errors or omissions In the electronic data and the Prime
Contractor shallndemnify and hold harmless the Architect against daims, costs, losses and
damages related to the use of the electronic data.
.3 The printed documents, containing the profeSSional seals, obtained from the printer of record
are the Contract Doa.unents. The electronic data is not 8 Contract Document. Electronic
data shall be used only for work associated with this project. Contractors are advised that
addenda items and wOlk pertaining to accepted alternate bids may not be incorporated into
the electronic data. Each PrIIne Contractor shaH be required to incorporate addenda items
and wor1< pertaining to accepted alternate bids into the electronic data.
2.3 OWNER'S RIGHT TO STOP THE WORK.
2.3.1: In the first sentence, delete the word: "persistently",
2.3.1: At the end of this Subparagraph, Add:
''This right shall be in addition to and not in restriction or derogation of the OWner's rights under
ArtiCle 14 hElreof. The Owner's right to stop the Work shall not relieve the Contractor of any of his
responsibilities and obligations under or plnuant to the Contract Documents."
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK.
2.4.1: Delete this Subparagraph in its entirety and insert new:
"If the Contractor fails to perform or complete any Work, fails to correct Work which Is not In
ac:c:ord with the requirements to the contract Documents or fails to carry out the Work In accord
with the Contract Documents, the Owner may: (1) order the Contractor to stop the Work, or any
port/on thereof, until the cause for such order has been eliminated; or (2) remedy such failures
through its own forces or through others after seven days' written notice of its intention to dO $0
and the failure of the Contractor to remedy such failures within the seven days following such
notice. The Owner's exercise, or failure to exercise, its rights under this paragraph shan not
prejudice its other rights and remedies, nor shall it give rise to any right, daim or defense by any
other person, induding a separate contractor. a Subcontractor, a surety, or any other person or
entity. If the OWner exercises its rights under this Subparagraph, an appropriate Charge Order or
Construction Change Directive shall be issued deducting from payments then or thereafter due the
Contractor all costs, expenses, losses and damages incurred by the Owner in remedying such
failures, including, without limitation, attorneys' fees and expenses and compensation for the
<I> 2004 by Foreman Architacts Engineers
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DOCUMENT DO BOD
SUPPLEMENTARY CONDITIONS
(Subparagraph 2.4.1 . Continued)
Architect's and Construction Manager's additional services, and expenses made necessary by
such failures. If payments then or thereafter due the Contractor are not sufficient to cover such
amounts, the Contractor and its Surety shaN pay the difference to the Owner upon demand."
.1 .Contractor's bonding company shall accept the Project Construction Schedule. developed
under Section 01321, if the Contractor is found in default of the Contract. when the
Preliminary Schedule is net submitted,
Add new Paragraph:
2.5 LIMITATION OF RESPONSIBILITY. .
2.5.1: In no event shall the Owner, Architect and Construction Manager have control over, charge
of. or any responsibility for construction means, methods, techniques, sequences or procedures or
for safety precautions and programs In connection with the Work, notwithstanding any of the rights
and authority granted the Owner in the Contract Documents. It is expres$ly understood and agreed
that the presence on the jobslte of the Owner's visiting officers or employees. the Owner, Architect,
Construction Manager or supervisory personnel employed by Owner and the making by such
personnel of any inspections of the Contractor's WOri(, materials, tools or equipment, or of the
finished Worn of the Contractor and their approval of same. or failure to take exception thereto.
shall in no way relieve the Contractor from its absolute responsibility to perform its Wori( and furnish
its materials In accord with the requirements of the Contract Documents. It Is further understood
that under no clrcumstances shall the Contractor urge, for any purpose whatsoever, that the
presence of the Owner, Architect. Construction Manager, any supervisory personnel, and visiting
officel'$ or employees of the Owner, Architect, or construction Manager and any failure by such
personnel to take exception to any Worn of the Contractor, constill.Jte a ratification or approval of
the WOI1< or worn methods employed by the Contractor if the same di<l not In fact comply with the
requirements of the Contract Documents.
ARTICLE 3. CONTRACTOR
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR.
3.2.1: Delete this Subparagraph in its entirety and insert new:
3.2.1: By submission of a bid. the Contractor acknowledges that the Contract Documents are full
and complete, are sufficient to have enabled it to detennlne the cost of the Work and that the
Drawings, the Specifications and all addenda are sufficient to enable the Contractor to construct the
Work outlined therein in accord with applicable laws, stalutes, ordinances, building codes and
regulations, and otherwise to fulfill all of its obligations under the Contract Documents.
3.2.1.1; Except as to any reported errors, inconsistencies or omissions, and to concealed or
unknown conditions defined In Subparagraph 4.7.6 by executing the Agreement, the contractor
represents the following:
.1 The Contract Documents are sufficiently complete and detailed for the Contractor to (1)
perform the Work required to produce the results intended by the Contract Documents
and (2) comply with all requirements of the Contract Documents.
ICI 2004 by FO/'llm.n An;hitolet. Engineers
00800-9
2002013
3/18/2004 DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
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.2 The Work requirecl by the ContrOlct Documents, including. without limitation, all
construction details. construction means, methods. procedures. and techniques
necessary to perform the Work, use of materials, selection of eQuipment. and
requirements of product manufacturef$ are consistent with (1) good and sound
practices within the construction industry; (2) generally prevailing and accepted industry
standards applicable to wor\(; (3) requirements 01 any warranties applicable to the
work; and (4) all laws. ordinances, regulations, rules, and orders which bear upon the
Contractor's performance of the Work.
.3 The Contractor has reviewed the completion dates and limes set forth in the Contract
Documents, agrees that such elates and times are reasonable and conunits to achieve
them. The Contract Sum includes costs associated with completion by those dates and
times. Including costs associated with out-<lf-sequence war1<, come-back war1<. stand-
by work, stacking of trades. coordination with the schedules and war1< of separate
contractors. allowing sufficient time. work and storage areas. and site access for
separate contractors to timely progress and complete their WOI'k, overtime, expediting
and acceleration that may ba required to complete the Work by those dates and times.
3.2.1.2: The Contractor shall, therefore, satisfy Itself as to the accuracy 01 all dimensions and locations.
In all cases of Interconnection of its work with existing or other wor\(, it shall verify at the site, all
dimensions relating to such existing or other work. Any errors due to the Contractor's failure to verify all
such locations or dimensions shall be promptiy rectified by the Contractor without any additional cost to
the Owner.
3.2.2: Add Subparagraphs 3.2.2.1 and 3.2.2.2:
3.2.2.1: Prior to proceeding with any Wor1<, and in sufficient time as not to delay the Work, the
Contractor shall:
.1 review, compare and analyze the Contract Documents and any information or surveys
provided by the Owner; and
.2 Inspect and cheCk such pOrtion of the Work for proper fit and matching with continuous
wor1l and for proper coordination with other Work and the Work of the Owner or of
separate contractors; and
.3 verify all dimensions and measurements with actual field conditions at the Project.
3.2.2.2: The Contractor shall immediately notify the Owner, Construction Manager. and Architect of
any errors, omissions or inconsistencies noted 8S the result of the Contractor's activities under
Subparagraphs 3.2.2.1.1, 3.2.2.1.2. and 3.2.2.1.3. If the Contractor knows or reasonably should
know of any such error. omission or inconsistency and proceeds with the construction in question
without first giving such notice, any cleim for an adjustment to the Contract Sum or the Contract
Time shall be deemed waived and released and Ihe Contractor and its Surety sl1aU assume all
responsibility and liability for such performance and shall indemnify the Owner for all costs.
expenses, IOSHS and damages Incurred by Owner, including attorney's fees, costs, and expenses,
Incurred by the Owner as the result thereof, induding any cost to repair, correct or rework the
construction in question.
ItJ 2004 by Foreman Arr;hWct$ Enginee'"
00800-10
2002013
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DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES.
3.3.1: Add Subparagraphs 3.3.1.1 and 3.3.1.2:
3.3.1.1: Each Prime Contractor is to appoint by written commitment a single representative on site
who has the authOrity to act on behalf of the Contractor and its subcontractors and suppliers.
3.3.1.2: At any time within the construction period, the Owner, Architect, and Construction Manager
shan have the right, and the Authority, to require the removal and replacement of the Prime
Contractor's Project Manager, Superintendent, or Foreman.
3.3.1.3: The Construction Manager shall have the authority to direct the Contractor to assign
addlttonal supervisory personnel to ensure compliance with the contract schedule and quality
requirements at no addition to the contract price.
3.3.1.3.1: When more than one major phase is being constructed at different locations on the
project site, supervision must be assigned to each phase when war\!. of that contract is being
performed. When performing construction work to maintain the progress schedule requires
extended hours, multiple Shifls, and additional work Clays, adequate supervision shall be required
for each Contractor during these times. The competence level and ability of superviSOry personnel
must be adequate to perform the construction activities involved.
3.3.1.3.2: Although these various second level supervision personnel may be reassigned from time
to time, each Contractor shall retain one superintendent with full responsibility while performing
work on the project.
3.3.2: Add Subparagraph 3.3.2.2:
3.3.2.2: After Award of Contract, any claims for additional costs associated w~h completion of the
Work within the required Contract time frames will not be considered. Contractors, who feel extra
time, in any form such as shift work, overtime, and premium time, is necessary to meet Contract
requirements regardless of trade, should include these costs in their bids. Contractors must
recognize that although their work might not require shift, overtime, or premium time WOIk for
completion within the stipulated time frame, it may be required in order to alow other Contractors to
complete within the time frame. Contractor must anow for these overtime requirements and indude
the costs necessary to allow the other COntractors to complete within the specffied time. Failure to
recognile the extra costs in his bid shall not relieve the Contractor from utilizing shift, overtime, or
premium time work in performance or his Contract nor entitle him to additional compensation.
Where installation work is part of the contract. all cosl5 associated with meeting the time frames
indicated in the Construction Schedules shall be Included in the Contract Price.
3.3.3: Add Subparagraph 3.3.3.1:
3.3.3.1; Contractors whose faUure to perform their Work or whose negligence in performing their
Work, impacts other Contractors shall be responsible for damages incurred by the other
Contractors which are necessary to maintain the project schedules.
3.3.5: Add new SUbparagraph 3.3.5:
3.3.5: No verbal agreement or conversation with any officer, agent or employee of the Owner,
Construction Manager. or Architect, either before or after the execution of the contract, shall affect or
modify the terms or obligations herein contained.
@ 2004 by Foremen An;hitecls Engineers
00800-11
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DOCUMENT 00800
SUPPLEMENTARY CONOmONS
34 LABOR AND MATERIALS.
3.4.2: At the end of this Subparagraph. Add:
"Workers shall not smoke when inside the existing facility and on the project site in accord with
Federal legislation. Title X, P.L. 103-227, Goal 2000, Educate America Act of 1994 and state
regulations. Workers shan not possess or consume alcoholic beverages when on site. Workers
shall not be allowed to play radios, CD players, and the like within the existing facility and on the
project site. The Contractor shall require ita employees and agents, and its Subcontractor's
employees and agents to woll< diligently and behave in an order1y manner at all times when at or
about the Project and shall remove from the Project any employee whose conduct is deemed
objectionable."
3.4: Add Subparagraphs 3.4.3 through 3.4.17:
3.4.3: STANDARD OF QUALITY: The various materials and products specified in the
speciflcations by name or descrlplioo are given to establish a standard of quality and of cost for bid
purposes. It is not the intent to limit the bidder, the bid or the evaluation of the bid to anyone
material or product specified but rather to describe the minimum standard. When proprietary
names are used, they shall be follOWlld by the words 'or alternatives of the quality necessary to
meet the specifications'. A bid containing lII1 altematlve which does not meet the specifications
may be declared non-responsive. A bid containing an alternative may be accepted but. if an award
is made to that bidder, the bidder will be required to replace any altematlves which do not meet the
specifications with a malarial or product that meets the specifications. It has been detennined that
it is In the Owner's best interest that certain products and systems must be provided as specified
with no substitution for continuity of maintenance, service. and operation; refer to the technical
specifications.
3.4.3.1: The Architect will evaluate alternatives and be the sole judge of whether the altemative is
acceptable at the time of bid. The burden of proving the alternative is equal, or better, to the
specifled product is that of the bidder. Refer to Document 00205 and Section 01600 for submittal
provisions required for allematiYfilsubstitutlons.
3.4.3.2: The Contractor shall ensure that products Incorporated Into. and used to execute. the
Work of the Project are free from asbestos and other hazardous materials.
3.4.4: After the Contract has been executed, the OWner, Construction Manager and Architect will
consider a formal request for the substitUtlol1 of products in place of those specified only under the
conditions set forth in the General Requirements (Division 1 of the Specifications).
3.4.5: By making requests for alternatives/substitutions, the Contractor:
.1 Represents he has personally investigated the proposed alternative/substitute product
and determined that It is equal or superior in all respects to that specified.
.2 Represenl$ he will provide the same warranty for the alternative/substitution that the
Contractor would for that specified.
_3 CertifieS that the cost data presented is complete and includes related costs under this
Contract except the ArChitect's analysis and redesign costs, and waives daims for
additional costs related to the alternative/substitution which subsequently become
apparent.
@ 2004 by Foreman Arr;hitect. Engine.",
2002013
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SUPPLEMENTARY CONDITIONS
.4 Will coordinate the Installation of the accepted alternative/substitute making such
changes as may be required for the Work to be complete in all respects.
.5 WlII be responsible for additional contingent services of the Architect made necessary
by the acceptance of an altemative/substllule.
3.4.6: PROVISION FOR THE USE OF STEEL AND STEEL PRODUCTS MADE IN THE U.S.: In
accord with Act 3 of the 1978 General Assembly of the Commonwealth of Pennsylvania, if any steel
or steel products are to be used or supplied in the performance of the contract, only those produced
in the United Stales as defined therein shall be used or supplied In the perfonnance of the contract
or any subcontracts thereunder.
3.4.6.1: In accord with Act 161 of 1982, cast iron products shall also be Included and produced in
the United States. Act 141 of 1984 further defines "steel products" to include machinery and
equipment. The ael also provides clariflcatlons and penalties.
3.4.7: COMPETENT WORKMEN: No workmen shall be regarded as competent first class, within
the meaning of this Act, except thoSe who are duly skilled in their respective branches of labor, and
who shall be paid not less than such rales of wages and for such hours work as shall be
established and current rates of wages paid for suCh hOurs by employers of organized labor in
doing of similar work In the district where work is being done. According 10 Section 752 of the
Public School Code of 1949. no person shall be employed to do work under such contract except
competent and first class workmen and mechanics.
3.4.8: All workmen on this project must hava Pennsylvanle Slate Police Ad. 34" Clearanoa Affidavit.
Attesting 10 that Clearance should be carried by each individual workman when on the premises or
in the buildilg. A copy of the Affidavit must be filed with the District Administration Office, prior to
that workman performing work on the site. The cost of obtaining this "Clearance" and required
badges shall be the responsibility of the Contractor.
3.4.9: Act 151-PA Child AbUJe HistlllY Clearance: SUccessful bidder shall have a background
check done on all employ_ and all subcontractors' employees who will be working in or around
district buildings who will have "direct contact with studet1ta". Background check8 &hall be in accord
with Act 151 of 1994. The Contractor shall submit the original to the Owner prior to an employee
beginning work. The cost of obtaining this 'Clearance" and required badges shall be the
responsibility of the Contractor.
3.4.10: PENNSYLVANIA PREVAILING WAGE RATES: If the total estimated project sum is
greater than $25,000.00, this regUlation and the general Pennsylvania prevailing minimum wage
rates, (Act 442 of 1961. P.L. 987, amended) as determined by the Secretary of Labor and Industry,
which shall be paid for eaCh craft or classification of all workers needed to perform the contract
during the anticipated term therefore in the locality in which public work is performed, are made part
of this specification.
3.4.11: No workmen snail be employed on this work except in accord with the classifications sat
forth In the decision of the Secretary of Labor and Industry. If additional or different classifications
are necessary. the procedure set forth in Section 7 of the Regulations for Pennsylvania Prevailing
Wage Act shall be followed.
@ 20CH by F018man Architects Engineers
2002013
00800-13
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DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
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3.4.12: A" workmen employed or working on this work shall be paid unconditionally, regardless of
whether any contractual relationship exlsts or the nature of any contractual relationship which may
be alleged indirectly, except authorized deductions, the full amounts due at the time worked in the
appropriate classification. This Contract does not prohibit payment of more than the general
prevailing minimum wage rates as determined by the Secretary of Labor and Industry.
3.4.13: Each Contractor and Subcontractor shall post for the entire period of construction the wage
detennination decisions of the Secretary of Labor and Industry, including the effective date of any
changes thereof, in a prominent and easily accessible place or places at the site of the work and at
such place or places used by them to pay workmen their wages. Subcontractors need not post
such decisions in the same places where they are posted by Contractors. The posted notice of
wage rates shaD contain the followlng information:
1. Name of Project.
2. Name of Public Body for which it is being constructed.
3. The crafts and classifications of workmen listed In the Secretary's general prevailing
minimum wage rate determination for the par1lcular project.
4. The general prevalUng minimum wage rates delermined for each craft and
dassiflcatlon and the effective dllte of any changes.
5. A statement advising workmen that if they have been paid less than the general
prevailing minimum wage for their job c186stflcation. or if the Contractor or
Subeontractor or both are not complylng with the Act or the Regulations in any manner
whatsoever. they may file a protest, in writing, with the Secretary of LabOr and Industry
within three months of the date of the occurrence, objecting to the payment of any
Contractor or Subcontractor to the extent of the amount or amounts due or to become
due to them as wages for work performed on the public work projact. Any workmen
paid less than the rate spllClfled in the Contract shall have a civil right of action for the
difference between the wage paid and the wages stipulated in the Contract. which right
of action IIhaN be exercised within six months from the occurrence ot the event creating
such light.
3.4.14: The Contractor and each Subcontractor shall keep accurate records showing the name.
craft, classification, number of hours worked per day and actual hourly rate of wage paid (including
employee benefits) to each wor1<man employed by him in connection with work. Such record shall
Indude any deductions from each workman. The record shall be preserved for two years from the
date of payment and shall be open at aU reasonable hours to the inspection of the public body
awarding the Contract and to the Secretary of Labor and Industry or his duly authorized
representatives.
3.4.15: Apprentices shall be limited to such numbers as shall be In accord with a bonafide
apprenticeship program registered with and approved by the Penn5y1vanla Apprenticeship and
Training Cooneil and only apprentices whose tl'lllnlng and employment are in full compliance with
the provisions of the Apprenticeship and Training Act approved July 14, 1961 (Ad No. 304) and the
Rules and Regulations issued pursuant \hereto shall be employed on the public work project. Any
workman using the tools of a craft who does not qualify as an epprentlce within the provisions of
this subsection shall be paid the rate predetermined for joumeymen in that particular craft and
classification.
a. Wages shall be paid without any deductions except authorized deductions. Employers
not parties to a contract requiring contributions for employee benefits which the
Secretary has determined to be included In the general prevailing minimum wage rate
shall pay the monetary equivalent thereot directly to the workmen.
@ 2004 by Foreman An:hitOcI. Engin..,.
00800-14
2002013
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DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
b.
Payment of compensation to wor1<men for work performed on public work on a lump
sum basis. or a piece wor!< system, or a price certain for the Gompletion of a cenain
amoUnt of war!<, or the production of a certain result shall be deemed a violation of the
Act and these Regulations, regardless of the average hourly earning resulting
therefrom.
Ead1 Contractor and each Subcontractor shall file a statement each week and a final
statement at the conclusion of the Work On the contract with the contracting agency.
under oath, and in form satisfactory to the Secretary, certifying that all wor!<men have
been paid wages in strict conformity with the provisions of the contract as prescribed by
this Section 3 of these Regulations. or if any wages remain unpaid to set forth the
amount of wages due and owing to eech workman respectively.
c.
3.4.16:
agrees:
DISCRIMINATION PROHIBITED: According to 62 Pa.C.S.A. ~ 3701, the Contractor
In the hiring of employees for the performance of Work under the contract or any
subcontract, no contractor. subcont18ctor, or any peJ'!lon acting on behalf of the
contractor or subcontractor shall by reason of gender, race, creed, or color.
discriminate against any citizen of this Commonwealth who is qualified and available
to perform the Work to which the employment relates.
No contrector or subcontractor or any person on their behalf shall in any manner
discriminate against or intimidate any employee hirecl for the performance of Work
under the contract on account of gender, race, creed, or color.
The contract may be canceled or terminated by the government agency, and all
money due or to become due under the contract may be forfeited for a violation of the
terms or conditions of that portion of the contract.
3.4.17: HUMAN RELATIONS ACT: The provisions of the Pennsylvania Human Relations Act,
Act 222. of October 27, 1955 (P.l. 744) (43 P.S. Section 951. et. seq.) of the Commonwealth of
Pennsylvania prohibit dlscriminadon because of race, color. religious creed, ancestry, age. sex,
national origin, handicap or disability. by employers, employment agencies, labor organizations,
contractors and others. The Contractor sha" agree to comply with the provisions of this Act as
amended that is made part of this specification. Your attention is directed to the language of the
Commonwealths' non-discriminatlon clause in 16 PA. Code 49.101.
1.
2.
3.
3.5 WARRANTY.
3.5.1: In the fifth line, delete the words '....not inherent'.
3.5: Add Subparagraphs 3.5.2 and 3.5.3:
3.5.2: Malerials and workmanship shall be guaranteed for a minimum of one year from Date of
Substantial Completion for entire project. except where a longer period is specified, however. ead1
Contractor and its Surety shall make good without cost to the Owner any defective portion of the
Work of which the Contractor is notified within one year of the date of final payment of contract.
Repair or replacement of such defects shall extend to other work damaged thereby. Owner's nghts
and remedies hereunder shall be in addition to any other rights and remedies which Owner may
have pursuant to law or this contract Owner shall be entitled to all other rights and remedies
provided by this contract and by law, in addition to the Warranty rights and remedies set forth in this
paragraph.
@ 2004 by FOteman An:hitects Engine...
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SUPPLEMENTARY CONDITIONS
3.5.3: The Contractor shall forward guarantee and warranty registration cards to the manufacturers
in the name of the Owner showing date of acceptable substantial completion of the Work as the
beginning date for guarantee and warranty periods.
3.6 TAXES.
3.6.1; At the end of this Subparagraph, insert: .Unless a valid exemption or exclusion exists.
Contractor sha' bid and shaH purchase as excluded from Pennsylvania Sales and USe Tax all Building
Machinery and Equipment as deflned by the Pennsylvania Department of Revenue in accord with /iC. 45
of 1998. Owner will not provide a tax exemption certificate to any Contractor, suboontractor, material
supplier or other entity in assisting in making of tax-4Jxempt purchases. .
3.6.2: Add new Subparagraphs 3.6.2 and 3.6.3:
3.6.2: The Contractor hereby accepts and assumes exclusive liability for and shall defend.
indemnify, protect and save hannless the Architect, Construction Manager, and Owner from and
against the payment of:
.1 Contributions, taxes or premiums (Including interest and penalties thereon) which may
be payable under the Unemployment Im.urance Law of any State, the Federal Social
Security Ad, Federal, State, County and Municipal Tax Withholding Laws, or any other
laws, measu/'lKl upon the payroll of or required to be withheld from employees, by
whomever employed, engaged in the WQI1(.
.2 Sales, use, personal property and other taxes (including interest and penalties thereon)
required by any Federal, State, County, Municipal or other law to be paid or collected
by the Contractor or any of its SUbcontractors or vendors or any other person acting
for, through or under it or any of them, by reason of the performance of the Work or
the acquisition, ownership, fumishing or use of any materials equipment, supplies,
labor, services or other items for or In oonnection with the WQI1(.
.3 Pension. welfere, vacation, annuity and other union benefit contributions payable under
or in connection with labor agreements with respect to all persons, by whomsoever
employed. engaged in the WorIl..
3.6.3: The Contractor shall base Its bid on the properly charged, oollected and remitted sales tax
due on only those "oonstructlon activities. which are presumed to beoome a permanent part of the
real estate in accord with 61 Pa. Code et seq. Section 31.11. The Contractor shall not include in its
bid any tax for "sales actiVities" which do not become a pennanent part of the real estate in accord
with 61 Pa. Code et ,eq. Section 31.11. Below as "Appendix 3.6.3. is a list of items. For all such
"sales activities. the Contractor will receive an appropriate executed blanke\ exemption certificate
from the Owner.
.Aooendix 3.6.3:
(PP) "Building Machinery and Equipment" Generation Equipment, Storage Equipment,
Conditioning Equipment, Distribution Equipment and Termination Equipment which shall be
limited to the following:
1. Air Conditioning limited to Heating, Cooling, Purification, Humidification,
Dehumidification, and Ventilation:
2. Electrical;
C 2004 by Foreman An;hitecl$ Enginee",
2002013
00800.16
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3/1812004 DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
3. Plumbing:
4. Communications limited to Voice, Video. Data, Sound, Master Clock and Noise
Abatement;
5 Alarms limited to Fire. Security and Detection;
6. Control System limited to Energy Management, Traffic and Parking Lot and Building
Access;
7. Medical System Limited to Diagnosis and Treatment Equipment, Medical Gas,
Nurse Call and Doctor Paging;
B. Laboratory System;
9. Cathodic Protection System; or
10. Fumiture. Cabinetry, and Kitchen Equipment. The term shaH Include Boilers.
Chillers, Air Cleaners, Humidifiers, Fans, Swltcl1gear, Pumps, Telephones,
Speakers, Horns, Motion Detectors, Dampers, Actuators, Grilles, Registers. Traffic
SignalS, Sensors, Card Access Devices, GuardraHs, Medial Devices, Floor Troughs
and Grates, and Laundry Equipment, Together with Integral Coverings and
Enclosures, whether or not the Item Constitutes II Fixture or is otherwise affixed to
the Real Estate; whether or not damage would be done to tne item or its
sUlTOundlng upon removal; or whether or not tne item is physically located within a
real estate structure. The term "Building Machinery and Equipment" shall not
Include Guardrail Posts, Pipes, Fittings, Pipe Supports and Hangers. Valves,
Underground Tanks. Wire, Conduit, Receptacle and Junction Boxes, Insulation,
Ductwork and Coverings thereof.
3.6.4: The Owner or ita agent shall be afforded ICCII.. at Owner's expense to Contractor's and
all subcontractors' records, books, correspondenoe. instructions, drawings, receipt vouchers,
memoranda. and similar data relating to this contract. for the purpose of documenting and
substantiating any sucl1 refund claim. The Contractor shall preserve all such records for a period
of three years, or for such longer period as may be required by taw after final payment. The
Contractor shall:
3.6.4.1: Assign and transfer to the Owner all Its rights to sales and use tax which may be
refunded as a result of this c::Ialm, or a claim for refund for materials purchased in connection
with this contract.
3.6.4.2: Not to file a claim for refunds or any sales or use tax which is the subject of this
assignment.
3.6.4.3: Include the above paragraph In full in any contracts with subcontractors. The
Contractor further agrees that It will assist the Owner in the preparation and submission of
petitions for refund pertaining to those taxes.
3.7 PERMITS, FEES, AND NOTICES.
3.7.1: Delete this Subparagraph in ita entirely and insert new:
3.7.1: The General Contractor shall secure and the Owner shall pay for the building permits. Each
Prime Contractor shall secure and pay for all other permits and govemmental fees, licenses, fees due to
inspections necessary for proper execution of and completion of the Contract which are legally required
when bids are received or negotiations concluded. The Owner shall pay the se!ViCB utility connection
fee for electric, gas. water and sewer directly to tile utility company; the Prime Contractor responSible for
the connection shall secure the permit from the utility company.
10 2004 by Forsman ~U Engineer.>
00800-17
2002013
3/18/2004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
3.7.1: Add new Subparagraph 3.7.1.1:
3.7.1.1; Singular purpose permits shall be the sole responsibility of the Contract to whiCh they
apply and shall be secured prior to the initial project meeting (e.g., plumbing permit).
3.7.2: Add Subparagraphs 3. 7.2.1 through 3.1.2.3:
3.7.2.1: On October 26, 1912, House Bnl No. 1969 was enacted Into law. This Act, No. 247,
became effective on November 25,1972. It requires that bidders on construction contracts for the
Commonwealth of Pennsylvania be advised of those provisions of Fedel'8l and State statutes, rules,
and regulations deanng with the prevention Df envllOt'lmental pollution and the preservation of public
natural resources theteffect the project on which bids are belng received. The CDntractor is hereby
directed to comply with relevant stetutes and regulations.
3.7.2.2: The Contractor shall fully comply with said Act and with each statute. rule and regulation
listed which affects the Contract, shan ensure compliance by all Subcontractors under him and shall
thoroughly aCquaint himself with the terms of the statutes, rules, and regulations in effect at the
time of bidding and shan Include in his bid price all cost of complying with the terms of the listed
statutes, rules and regulations. No separate Of additional payment will be made for such
compliance. In the event that \he statutes, rules and regulations are amended, or if new statutes.
rules or regulations become effecllve, after date of receipt of bids upon receipt of documentation
which cause \he Contractor to perfonn additional work, the Owner may issue a Change Order or
deviation request setting forth the additional Wlll'k that must be undertaken. This Change Order or
deviation request shall not invelkle\e the Contract.
3.7.2.3: It is \he responsibility of the Contractor to determine what local ordinances. if any. wiu
affec:t hiS wOOl. He shall check. for any county, city, borough, or township rules or regulations
applicable to the area in whic:h the Project is being constructed and in addition, for any rules or
regulations of other organizations having jurisdictiOn, such as chambers.of-commerce. planning
cornmlssion. industries, or utility companies who have jurisdiction over lands whIch the Contractor
occupies. Any costs of compliance willi local controls shall be included in the prices bid, even
though documents of such local controlling agencies are not listed herein.
3.7.3: Delete this SUbparagraph in its entirety and insert new:
3.7.3: The Contractor shall comply wilh, and perform its WOIi( in accord with all applicable laws,
statutes, ordinances, lawful orders of govemmental authorities, bUilding codes. and rules and
regulations, unless the Contract Documents require a higher or greater standard, in which case the
Contractor shaH conform to such higher or greater slandard. It shall be the obligation of the
Contractor to review the Contract Documents and to determine and to notify the Owner, \he
Architect and the Construction Manager of any discrepancy between building codes and regulations
of which the Contractor has knowledge or should be reasonably able to determine. The Contractor
shaH not violate any zDning. setback or other requirements of applicable laws, codes and
ordinances, or of any recorded covenants of which the COIltrac;tor has knowledge. If the Contractor
observes that portions of the Contract Documents are at variance with applicable laws, statutes,
ordinances, building codes, rules or regulations, the Contractor promplly shall notify the Architect
and Construcllon Manager, in writing. and necessary changes shaD be accomplished by
appropriate Modification.
3.7.4: In the first line, after the wDrd "Contractor". add the words. ", any of its Subcontractors or any
Subcontractor". and delete the words "knowing it to be".
@ 2004 by Fo",",an An:hilllcts Engines",
00800-18
2002013
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3/18/:.1004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
3.8 ALLOWANCES.
Delete Paragraph 3.8 in its entirety.
PROHIBITION ON CASH ALLOWANCES: Cash allowances are prohibited.
3.9 SUPERINTENDENT.
3.9.1: Add the following sentence:
"The Superintendent shall be satisfactory to the Architect, Construction Manager, and the Owner.
and the COntractor .shall 1101 repJaoe the Superintendent without the prior written consent of the
Owner, or Construction Manager, which consent shall not unreasonably be withheld."
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE.
3.10.1: Delete this Subparagraph In its entirety and insert new:
3.10.1: Within the time constraints tisted in Section 01321, the COntractor shall prepare and submit
a Preliminary Construction Schedule to the Construction Manager which shall provide for the
expeditious and practical execution of the WOI1< in accord With the Work sequence in Section
01101. The Contractor shall assist the Construction Manager in coordinating the Preliminary
Construction Schedule and producing therefrom the Project Construction Schedule in accord with
Section 01321.
3.10.2: Add Subparagraph 3.10.2.1:
3.10.2.1: The Contractors shaN cooperate and consult with other Prime Contractors during the
construction of this Project. The Contractor shall schedule and execute his Work so as to avoid
delay to other contractors. The COntractor Is financially re&pontIlble to the other prima contractors
for undue delay caused by him to other prime contractors on the Project. The Contractor shall
indemnify and hold harmless the Owner, Architect, and Construction Manager for any claims,
losses or delays of any kind made by other contractors.
3.10.3: Delete this Subparagraph in its entirety and insert new:
"3.10.3: The Contractor shaH prepare and keep current, in accordance with SectIon 01321. for
Architect's and Construction Manager's review, a schedule of submittals. The schedule shall allow
the Architect the time stated in Article 4, Subparagraph 4.6.12, to properly review submittals and
Contractor's procurement of material, products, and equipment,"
@ 2004 by ForernQn Architects Engineers
2002013
00800-19
3/18/2004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
3-10: Add Subparagraphs 3.10.5 through 3.10.7:
3.10.5: The Owner shall have the right to direct a postponement or rescheduling of any date or time
for the performance of any part of the Work that may interfere with the operations of other
Contractors or of the Owner's premises or any of the OWner's operations. The Contractor shall.
upon the Owner's request. schedule any portion of the Work affecting other contractors or the
operation of the premises during hours when the premises are not in operation. Any postponement.
rescheduling. or performance of the Work under this Subparagraph may be grounds for an
extension of the Contract Time, if permitted under Subparagraph 8.3.1, and an equitable
adjustment in the Contract Sum proVided the performance of the Work was properly scheduled by
the Contractor in compliance with the requirements of the Contract Documents, and such
resc:heduHng or postponement is required for the convenience of the Owner.
3.10.6: progress payments to the Contractor shall not occur untllthe Contractor has met the
requirements of Schedule Information stated in Paragraph 3.10 and Sections 01101 and 01321.
3.10.7: Failure of Contractor to fully comply with requirements of Paragraph 3.10, and Section
01321 shan constitute default by Contractor of his obligations. sufficient for termination.
3.12 SHOP DRAWINGS, PRODUCT DATA. AND SAMPLES.
3.12.5: Add Subparagraph 3.12.5.1:
3.12.5.1: The Contractor shall forward to the Construction Manager a copy of the Transmittal covering
each such submittal.
3.15 CLEANING UP.
3.15.1: At the end of the first sentence, delete the words: "caused by operations under this contract'.
3.15.1: After the first sentence, insert:
"The Contractor shall clean the Work areas dally and should the occasion ariSe that the Construction
Manager must direclthe Contractor to clean an area. the Contractor shall do so within 24 hours. If
the Contractor fails to clean up the specific area within the allotted time, !he Owner may do so
immediately, and the cost thereof shall be charged to the Contractor. Refer to SectIons 01500 and
01700. "
@ 2004 by Foteman Arr:hi/9Cts Engineef$
2002013
00600-20
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3118/2004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
3.18 INDeMNIFICATION.
3.18.1: Delete this Subparagraph in its entirety and insert new:
3.18.1: To the fullest extent permitted by law. the Contractor shall indemnify. defend. and hold
harmless the Owner, Architect and Construction Manager and consultants. agents and employees
of any of them from and against claims, damages, losses and expenses. including but not limited
to. attorneys fees and defense costs, arising out of or resUlting from performance of the Work, but
only to the extent caused in whOle or in part by the acts or omissions of the Contractor. a
Subcontractor. anyone directly or indirectly employed by them or anyone for whose acts or
omissions they may be liable. regardless of whether or not such claim, damage, Joss or expense is
caused in part by a party Indemnified hereunder. Such obligation shaM 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. The Contractor agrees to and does hereby assume on
behalf of the Owner, Architect, and Construction Manager the defense of any action at law or in
equity which may be brought against such indemnities. upon their demand. the amount of any
judgment that may be entered against such Indemnities in any such action. In the event that any
such claim. loss, cost. expense, liability, damage or injury arises or is made, asserted. threatened
against the Owner for which thll Contractor or its insurer does not admit coverage. or if the Owner
reasonably detennines such coverage to be inadequate. the Owner shall have the right to withhold
from any payments due or to become due to the Contractor an amount sufficient to protect the
owner from such claim. loee. cost expense. liability, damage or injury. including attomeys' fees and
expenses reasonably nece6ssry for the defense thereof.
Add new Paragraph:
3.19 REPRESENTATIONS AND WARRANTIES.
3.19.1 The Contractor represents and warrants the following to the Owner (in addition to lhe other
representations and warranties contained in lhe Contract Documents), as an inducement to the Owner
to execute the Owner-Contractor Agreement. which representations and warranties shall survive the
execution and delivery of lhe Owner-Contractor Agreement and the final completion of the Work:
(a) that he is financially solvent, able to pay his debts as they mature and possessed of
sufficient working capital to complete the Work and perform hiS obligations under the
Contract Documents;
(b) that he Is able to fumish the personnel, tools. materials. supplies. equipment and labor
required to complete the Work and perform his obligations hereunder and has
sufficient experience and competence to do so;
(c) that he is authorized to do business in the Commonwealth of PennsylVania and is
properly licensed by all necessary govemmental and public and quaSi-public authorities
having jurisdiction over him and over the Work and the site of the Project;
(d) that his execution of the OWner-Contractor Agreement and his performance thereof is
within his duly authorized powef1l;
(e) that he is familiar with all Faderal. Stale. Municipal and Department laws. ordinances
and regulations, which may in any way affect the work of those employed herein.
including but not limited to any special acts relating to the work or to the project of
which it is a part;
e 2004 by FOf9man Architects Engineers
2002013
00800-21
3/18/2004
DOCUMENT 00800
SUPPLEMENTARY CONDmONS
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(f)
that such temporary and permanent work required by the Contract Documents as is to
be done by him, can be satisfactorily constructed and used for the purposes for which it
is intended. and that such construction will not injure any person or damage any
properly;
(g)
(h)
that he is familiar with local trade jurlsdlclional practices at the site of the project;
(I)
that he has carefully examined the plans', the specifications and the site of the work,
and that from his own investigations, he has satisfied himself as to the nature and
location of the work. the character, quality and quantity of the surface and subsurface
materlals likely to be encountered. the character of equipment and other faCilities
needed for the perfonnance of the work, and the generalloc:al condltlollS, and all other
materials which may In any way affec:llhe work or his perfonnance;
that he has determined what local ordinances. if any, will affect his work. He has
checked for any county. city, bo(ough, or township rules or regulations applicable to \he
area in which the Project Is being constructed and in addition, for any rules or
regulations of other organizations hllving jurisdiction, such as chambers-of-commeme,
planning commission, industries, or utility companies who have jurisdiction over lands
which the Contractor occupies. Any costs of compliance with local controls shall be
Included In the prices bid, even though documents of such local controlling agencies
are not listed herein.
ARTICLE 4. ADMINISTRATION OF THE CONTRACT
4.6 ADMINISTRATION OF THE CONTRACT.
4.6.4: Delete this Subparllgraph In Its entirety and Insert new:
4.6.4: Each Prime Contrllctor shaH schedule and coordinate their actMties with that of the other prime
contractors in accord with the latest approved Project Construction Schedule.
4.6.6: At the beginning of the Subparagraph, Add:
"Except as otherwise provided by their agreements with the Owner,".
4.6.10: Change first sentence to reael:
.Upon mutual agreement, the ConstnJctlon Manager and the Arthitect wiQ have the authority to
reject Work which does not conform to the Contract Documents, and to require spacial inspection
or testing. but will take such action only after mutual consultation."
4.6.10: Delete second and third sentences In their entirety.
4.6.11; Delete this Subparagraph in Its entirety and Insert new:
4.6.11: The Contractor shall submit all Shop Drawings, Product Data and Samples to the Architect
for review and send a copy of the Transmittal covering each such submittal to the Construction
Manager.
e 2004 by Foroman Aro~ Engineers
00800-22
2002013
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3/181200~
DOCUMENT 00000
SUPPLEMENTARY CONDITIONS
4.6.12: Delete the second sentence in its entirety and insert:
"Such action shall be taken fourteen to twenty-one days after receipt so as to cause no delay."
4.6.12: At the end of the Subparagraph, Add:
"A copy of each submittal which has been approved shall be forwarded by the Architect to the
Construction Manager for his records. For any submittal which is not approved, the Construction
Manager shall be sent only a copy of the covering transmittal."
4.6.18: Delete this Subparagraph in Its entirety and insert new:
4.6.18: The Architect will Interpret and provide recommendations upon matters concerning performance
under the requirements of the Contract Documents on written requests of either the Owner, Construction
Manager, or Contractor. These written requests shall be known as Requests for Interpretation (RFI's).
The Architect's response to such requests win be made within fourteen days unless the Architect
determines additional time is required for review of the information. If the ArChitect determines
additional time is required, the Architect shall inform the Owner, Contractor, and Conswction Manager,
in writing, of the additional time. Claims for extension of the Contract Time due to the Architect's
detenninations for additional time for review shan be In accord with the requirements set forth in
Subparagraph 8.3.4 of the Supplementary Conditions.
4.7 CLAIMS AND DISPUTES.
4.7.5: Add Subparagraphs 4.7.5.4 and 4.7.5.5:
4.7.5.4: Architectural, engineering, and construction management fees resulting from relnspections
due to the Contractor's failure to satisfactorily, fully and finally complete the Work on or prior to the
Contract Completion Date.
4.7.5.5: Indemnity obligations.
4.7.7: Delete the third sentence in ils entirety.
4.7.9: Delete this Subparagraph in its entirety and insert new;
"4.7.9: Injury or Damage to PelSon or Property: If the Contractor suffers Injury or damage to
person or property because of an act or omission of the Owner, Architect or Construction Manager,
written notice of such injury or damage, whether or not insured, shall be given to the Owner,
Architect and Construction Manager within a reasonable time not exceeding twenty-one days after
first observance. The notice shall provide sufficient detail to enable the Owner. Architect and
Construction Manager to Invesllgate the matter. If a claim for additional cost or time related to this
Claim is to be asserted, it shall be filed as provided in Subparagraphs 4.7.7 and 4]8..
.----.- -- ~._~
@ 2004 by Foreman An;hitects Engineers
00800-23
2002013
3/18/2004
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DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
4.7.10: Add Subparagraph 4.7.10:
"4.7.10: Construction Acceleration Claims: No claim for an Increase in the Contract Sum or change
in the Contract Time shall be based on cOnstruction acceleration. Accordingly, no course of
conduct or dealings between the parties, or any express or implied statements made by the parties,
nor any express or implied acceptance of alterations to the Work. and no claim that the Owner has
been unjustly enriched by any alteration or addition to the Work, whether or not there is in fact any
such unjust enrichment, shall be the basis for any claim to an increase in the Contract Sum or
change in the Contract Time."
4.9 ARBITRATION.
4.9.1: Delete this Subparagraph In Its entirety and Insert new:
4.9.1: Any Claim, disputes or other controversy between the parties to this Agreement, except
controversies or Claims relating to aesthetic effect, arising out fA or related to this Agreement or
breach thereof which Involve amounts not more than $200,000 (exclusive fA interest and costs)
may, at the sole option of Owner be subject to and dectded by arbitration in accord with the
Construct1on Industry Arbitration Rules of the American Arbitration Association currently in effect.
All demands for arbitration and aU answering statements thereto which include any monetary claim
must contain a statement that the total sum or vaiue in controversy dOllll not exceed $200,000 and
the arbitrator shall not have jurisdiction. power or authority to render a monetary award against any
party which exceeds such amount (exclusive of interest and costs). Upon receipt of a demand for
arbitration, Owner shall advise the party making the demand in 'Mitlng withln twenty days if it
agrees to submit the matter to arbitration or litigation. If the Owner does not affirmatively agree to
submiSsion of the matter to arbitration. or does not respond within twenty days, no arbitrator shall
have jurisdiction, power or authority in this matter. Claims. disputes or other matters In question
between the pertles to this Agreement arising out of or related to this Agreement or breach thereof
which involve amounts In excess of $200,000 (exclusive fA Interest and costs) may be subject to
and decided by arbitration only upon mutual agreement of the parties.
.1 Any arbitration arising out of or relating to this Agreement may include. by
consolidation. joinder or In any other manner, any additional person or entity not a party
to this Agreement.
.2 Any award in a mattar submitted to arbitrators shall be final. and judgment may be
entered upon II in accord With the applicable law in any court having jurisdlctton thereof.
.3 All proceedings and hearings In any arbltraUon shan be held in Cumberland County.
Pennsylvania.
4.9.1.3: Add new Subparagraph 4.9.1.3:
"4.9.1.3: In addition and prior to any mater submitted to arbitration, the parties shall endeavor to
settle disputes by mediation under the Construction Industry Mediation Rules of the American
Arbitration Association currently in effect. Mediation shall convnence, unless otherwise agreed,
within the same Ume limits stipulated in Subparagraphs 4.9.1,4.9.4, and 4.9.4.1 for the filing of a
notice of a claim in arbitration. Such time limits for arbitration shall then be extended for the
duratiOn of the mediation process, plus ten days."
Q 2004 by Fo...man Archi/ecl$ Engineers
00800-24
2002013
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3/18/2004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
4.9.2: Add Subparagraphs 4.9.2.1 through 4.9.2.3:
4.9.2.1: If any arbitration proceeding is commenced pursuant to this Agreement, the parties shall
be entitled to conduct pre-hearing discovery for a period of ninety days, from the date of the filing of
the demand for arbitration or as otherwise mutually agreed to by lhe parties, which discovery may
include depositions, written Interrogatories not to exceed forty in number (Inclusive of subparts) and
written requests for the inspection and reproduction of relevant documents or tangible things.
Responses to Wl'itten Interrogatories and document requests shall be served within thirty days of
service thereof. With respect to expert testimony and discovery related thereto, Rule 4003.3 of the
Pennsylvania Rules of Civil Procedure shall apply. The arbitrator(s) shall have the authority to
issue appropriate orders to enforce the parties' entitlement to discovery hereunder and, upon
disobedience of any such order, may prohibit the disobedient party from introducing in evidence
designated documents, things or testimony.
4.9.2.2: A party who flies a notice of demand for arbitration must assert In the demand all Claims
then known to that party on which arbitration is permitted to be demanded. When a party fails to
include a claim through oversight. inadvertence or excusable neglect or when a Claim has matured
or been acquired subsequently, the arbitrator or arbitrators may permit amendment only jf
reasonable notice Is given prior to any evidentiary hearing.
4.9.2.3: In the event of any litigation or arbitration between the parties hereunder, all attomey's fees
and other C05ts of each party shall be bome by that party, and may not be assessed against
another party, regardless of fault or outcome of the proceeding.
4.9.5: LIMITATION ON CONSOLIDATION OR JOINDER. Delete the first three sentences of
Subparagraph 4.9.5 in their enl/rely and Insert new:
"In any arbitration commenced pursuant hereto, either Owner or Conlr8ctor may join other
Contractors to such proceeding either by consolidation of proceedings or by joinder where such
joinder or consolidation is necessary to afford complete relief. In any arbitration commenced
pursuant hereto, th& Owner may Join the Construction Manager and the Architect to such
proceeding, either by consoJidation of proceedings or by joinder where such joinder or consolidation
is necessary to afford complete relief. In any arbitration proceeding commenced pursuant to the
agreements between the Owner and the Construction Manager and Architect, either the Owner, the
Construction Manager or the Architect may join the Contractor to such proceeding either by
consolidation of proceedings or by joinder where such joinder or consolidation Is necessary 10
afford complete relief."
ARTICLES. SUBCONT8ACTOR
52 AWARDS OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK.
5.2.1: Delete the first sentence. and insert:
"No later than thirty days subsequent to the full execution of the Agreement. Ihe Contractor shall
furnish the Owner, the Construction Manager, and the Architect, in writing. (1) the name, trade. and
subcontract amount for each subcontractor, and (2) the names of all persons or entities proposed
as manufacturers of the products identified in the specifications (inclUding those who are to furnish
materials or equipment fabricated 10 a special design) and, where applicable. the name of the
installing subcontractor."
<!:> 2004 by Forem.n Architects Engineers
00800-25
2002013
3/1812004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS.
5.4.1: Add new Subparagraph 5.4.1.3:
"5.4.1.3: The CoI1tractor agrees upon OWner's request, to execute whatever instruments Owner
may require to confirm any such assignment."
Add new Paragraph:
5.6 PAYMENTS TO SUBCONTRACTORS BY THE OWNER.
5.6.1: If the Owner fails to approve an Application for Payment for a cause which the OWner.
Construction Manager. and Architect determine Is the fault of the Contractor. and not the fault of the
particular Subcontractor, or if the Contractor fails to make payment which Is properly due to a particular
Subcontractor, tlut Owner may pay such SUbcontractor directly. less the amount to be retained under his
Subcontl1!lCl. Any amount so paid by the OWner shall be repaid to the Owner by the Contractor in the
manner set forth in Paragraph 2.4.
5.6.2: The Owner shall have no obligation to pay. or to see to the payment of. any monies to any
Subcontractor. Nothing contained in SUbpat'agraph 5.6.1 shall be deemed to create any contractual
relationship between the Owner and any Subcontrector or to create any rights in any Subcontractor
against the Owner.
5.6.3: The Contractor Shall promptly advise the Owner, Construction Manager, and Architect of any
claim or demand by a Subcontractor claiming that any amount is due to such Subcontractor or claiming
any default by the Contractor in any of its obligations to such subcontractor.
ARTICLE 6. CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD
OTHER CONTRACTS.
6.1.1: Delete the last sentence, and ins'It
"This Project will be performed with multiple Prime Contractors as indicated In Section 01101. The
Contractors shall be aware that schedule adjustments will be required to coordinate with the Worl<
of th.ir Contract with the Work of other Prime Contractors.'
6.1.3: Delete Subparagraph in its entirety.
6.2 MUTUAL RESPONSIBILITY.
62.3; Add to this Subparagraph: "The owner shall not be responsible for any additional COllIs due to
delays and that If Justified, Contractor is only entitled to an extension of time as full compensation for any
delay created by the OWner as set forth in Subparagraph 8.3.4 of the Supplementary Conditions.'
~ 2004 by FOfflman Architects Enf/in..",
2002013
00800-26
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3/1812004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
6.2.4: Delete from the first sentence. first line, the word 'wrongfully" and amend the Subparagraph by
adding the following:
"The Contractor agrees to defend, Indemnify and hold the Owner, Construction Manager, and
Architect harmless from any claims or damages brought by a separate Contractor arising out of
actions or omissions of the Contractor or his Subcontractors or suppliers in performing his work
under the Contract Documents.'
6_2_5: Delete this Subparagraph in its entirety and insert new:
6.2.5 DISPUTES OR ACTIONS BETWEEN CONTRACTORS.
6.2.5.1: Should the Contractor, eittler itself or by its subcontractor or subcontractors or their
respective agents, servants, or employees, cause damage or injury to the property or work of
any Prime Contractor or Contractors, or by falling to perfonn its Work (including the work of
its subcontractor or subcontractors) with due diligence, delay any Prime Contractor or
Contractors. which suffer additional expense or damage as a result. the parties involved in
such dispute shall settle by agreement (J( arbitrate said daim, dispute or disputes by referring
same to the American Arbitration Association. Said dispute or disputes shall be determined
pursuant to the Construction Industry Arbitration Rules of the American Arbitration
Association then In effect. The Owner. Construction Manager, and Architect will not be a
party to disputes or actions between Prime Contractors or subcontractors concerning such
additional expense or damage. It Is agreed by all parties that disputes or ections between
Contractors concerning the additional expense or damage will not delay completion of the
work, which shall be continued by the parties, subject to the rights hereinbefore provided. It
is agreed by the parties to this Contract (the Owner as promisee and that the Contractor as
promisor) that the Intent of this clause is to beneflt the other Prime Contractors on the project
or ralated projectS and to serve as an Indication of the mutual intent of the Owner and the
Contractor that this clauss raise such other Prime Contractors to the status of third party
beneficiaries only as to the terms and conditions of Subpsragraphs 6.1.1, 6.2.1, and 6.2.5.
The Contractor agrees that Subparagraphs 6.1.1, 6.2.1, and 6.2.5 are provided as a benefit
to the Contractor and. that they specifrcal/y exclude claims against the Owner for delay or
other damages.
6.2.5.2: The Contractor agrees that all claims, disputes and other matters in question
between Prime Contractors, which arise out of. or are related to this Contract, or the breach
thereof, as provided In Subparagraph 6.2.5.1, shall be settled by agreement or resolved by
arbitration, In accord with the COnstruction Industry Arbitration Rules of ttle American
Arbitration Association then in effect, unless the parties mutually agree otherwise. This
agreement to arbitrate is in consideration of the fact that all oUler Prime Contractors agree to
this same arbitration provision, as provided in each separate Prime Contract required for the
construction of this project, and is specifically enforceable under the prevailing arbitration law.
The award rendered by the arbitrators shall be final, and judgment may be l!f1tered upon it in
accord with applicable law In any court having jurisdiction thereof. The Owner shall not be a
party to this arbitration.
@ 2004 by Foreman Atr:hitecl. Engineers
2002013
00800-27
3/1812004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
6.2.5.3: Notice of the demand for arbitration shall be filed in writing with the other Prime
Contractor(s) and with the Philadelphia Regional Office of the American Arbitration
Association. A copy of the demand shall be filed with the Construction Manager, ArC/'litecl,
and the Owner. The demand for arbitration shall be made within a reasonable time after the
claim. dispute or other matter in question has arisen. The OWner shall not be a party to the
claim, dispute or other matter in question, but may be a witness in any arbitration at the
request of any party to the arbitration.
6.2.7: Add SubparagraphS 6.2.7 and 6.2.8:
6.2.7: In case any direct or Indirect injury is done to existing street or underground structures
sewers. mains, or to public or private properly of any kind, or to any materials or fixtures, by or
because of the work in consequence of any act or omission on the part of the Contractor, his
employees or agents, the Contractor. at his own cost and expense, except where hereinafter
specified otherwise, shaR restore such structures, property, or materials to a condition equal to or
similar to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise
as may be reqUired by the Architect.
6.2.8: If the Contractor shall fail to restore such property or make good such damage, the OWner
may, by contract or otherwise, proceed to repair, rebuild, or otherwise restore such property as may
be necessary. and the cost thereof will be deducted from any money due, or to become due, the
Contrllctor under this contract; or the Owner may deduct from any money due the Contractor a sum
sufficient to reimburse the Owner of property so damagecl.
ARTICLE 7. CHANGES IN THE WORK
7.1 CHANGES.
7.1.3: Delete this subparagraph In its entirely end insert the following:
7.1.3: Changes in the Work shall be perfOlTT1ed under applicable provisions of the Contract
Documents. and the Contractor shall proceed promptly after receipt of a letter to proceed issued by
the Construction Manager or Execution of the Change Order or Construction Change Directive,
whichever occulllllrst.
7.2 CHANGE ORDERS.
7.2.2: Delete the words 'may include', and insert the wordll'shall be based on'.
7.3 CONSTRUCTION CHANGE DIRECTIVES.
7.3.6: In the first sentence, delete the words:
.....a reasonable allowance fOr overhead and prollt." and insert the words ....an allowance of ten
percent for overhead and five percent for profit plus the cost of all bonds." in the event that the
Work is done by a subContractor the Contractor shall be entitled to a combined allowance of ten
percent to cover overhead and profit. Tile charges for overhead and profit referred to herein shall
include claims and requests for payment by the Contractor of indirect and/or consequential costs
and expenses of any kind arising out of the subject addition, deletion. or change to the Work or the
effect of the addition. deletion. or change upon other work or upon the scheduling, progress or
completion of other Wor!<. including. without limitation. home office personnel and overhead. field
office overhead, and return on staff."
C 2004 by fOteman AfChitect>J Engineers
2002013
00800-28
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3/1812004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
7.3,9: After last sentence, Add: "The Contractor's agreement to a Change Order, or acceptance of
payment therefore or for a Construction Change Directive, shall constitute a final settlement of all of the
Contrador's rights. claims, and remedies relating to the change in the Work which is the subject matter
thereof, including, without limitation, all direct and indIrect costs, and all adjustments to the Contract Sum
and the Contract Time or Project Construction Schedule. If the Owner and the Contractor do not agree
with the determination. the disputing party shall comply wil/1 Paragraphs 4.7 and 4,9."
7.4 MINOR CHANGES IN THE WORK.
7.4.1: In the second sentence, change "through" to "bY".
ARTICLE 8. TIME
8.2 PROGRESS AND COMPLETION.
8,2.1: At the end of this Subpalagraph. Add:
"The dates listed in Section 01101 are minimum performance dates and each Prime Contractor
shall agree to schedule, coordinate. and staff in aCCOld with actual progress of the Work. Each
Prime Contractor agrees to Increase manpower, increase work hours, and to increase equipment
necessary to maintain Project Construction Schedule."
8.2.3: At the end of this Subparagraph, Add:
"Each Prime Contractor agrees to increase manpower, inClllase work houn;, and to Increase
equipment neoessary to maintain Project Construction Schedule."
8.2: Add Subparagraphs 8,2.4 through 8.2.7:
8.2.4: The Contractor ackllO'Medges and recognizes that the Owner is entitled to full and beneficial
occupancy and use of the completed Work following expll'lltlon of the time for completion of each
phase, including Substantial Completion of the entire PrOject. ancllhat the Owner has entered into,
or will enter into, binding agreements demising all or part of the premises where Wor1< is to be
completed based upon each Prime Contractor meetlng the dates set forth in the Project
Construction Schedule. The Contractor further acknowledges and agrees that if he fails to
substantially complete or cause the failure of the completion of any portion of the Work within the
Contract Time, set forth for each ph8M in the Project Construction Schedule. the Owner will sustain
damages and loss as a result of such failure. The exact amount of such damages will be extremely
difficult to ascertain. Therefore, tile Owner and the Contractor agree as set forth below.
8.2.4.1: If the Contractor fails to achieve Substantial Completion of the Work within the Contract
Time. the Owner shall be entitled to retain or recover from the Contractor. as liquidated damages
and not as a penalty, the fOllowing per diem amounts commencing upon the first day following
expiration of the Contract Time and continuing until the actual Date of Substantial Completion.
Such liquidated damages are hereby agreed to be a reasonable estimate of damages the Owner
will incur as a result of the delayed completion of the Work, Specifically, the parties agree that the
liquidated damages shaH equal $1,000.00 per Contractor, per phase, per day. liquidated damages
amount shall not be altered even jf only a portion of a phase is not substantially complete.
@ 2004 by FOfeman Archilects engineers
00800-29
2002013
3/1812004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
8.2.4.2: The Owner may deduct liquidated damages described in Subparagraph 8.2.4.1 from any
unpaid amounts then or thereafter due the Contractor under this Agreement. Any liquidated
damages not so deducted from any unpaid amounts due the Contractor shall be payable to the
Owner at the demand of the OWner, together with interest from the date of the demand at a rate
equal to the lower of the Treasury Bill Rate or the highest lawful rate of interest payable by the
Contractor.
6.2.4.3: In addition to the Liquidated Damages listed in Subparagraph 8.2.4, the Contractor agrees
to pay all associated costs for the Construction Manager and Architect to extend their Contract to
remain on the Project due to the failure of the Contractor 10 complete the Work within the time
frame stipulated in the Project Construction Schedule. Damage to other Prime COntractors that
are an extension of this clause, are to be recovered pursuant to ArtiCle 6.2 et ssq., of the General
Conditions of the Contract and the Supplementary Conditions of the Contract.
6.2.4.3.1: The determination of costs will be based on the level of completion of the Work by the
Contractor.
8.2.5: APPLICATION OF PROVISIONS.
8.2.5.1: As described in Subparagraph 3.10.1, each Prime Contractor must present to the
Construction Manager, a Preliminary Construction Schedule. If shift, premium time, or overtime
work must be utilized to permit timely complellon, it should be so noted on the Preliminary
Construction Schedule. The cost of the shift, overtime or premium time is to be included in the
Contractor's bid price.
8.2.6: ADHERENCE TO SCHEDULE.
8.2.6.1: The Owner reserves the right to withhold monthly progress payments If the Contractor Is
behind schedule, unless the Contractor documents in writing any delays that are not the fault of the
Contractor and 10 which the Construction Manager and Architect agree.
8.2.6.2: The monthly progress payments win only be released after the Contractor reaches the
status of completion for that month contemplated by the project Construction Schedule.
8.2.6.3: In the event the Owner, after consultation with the Construction Manager, determines that
the performance of the Work has not progressed or reached the level of completion required by
the Contract Documents, and the Project Construction Schedule, the Owner shall have the right to
order the Contractor to take COfT8Ctive measures necessary to expedite the progress of
construellon, including, without limitation. working additional shifts or overtime; supplying additional
manpower, equipment, and fadlitles; and other similar measures (referred to collectively as
.Extraordinlll'/ Menures.). Such Extraordinary Measures shall continue until the progress of the
Work complies with the stage of completion required by the Contract Documents. The Owner's
right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's
compliance with the Project Construction ScI1edule and failure to comply shall be considered as
breach of this contract.
1. The Contractor shall not, under any Circumstances, be entitled to an adjustment in the
Contract Sum In connection with Extraordinary Measures required by Owner under or
pursuant to this Subparagraph 8.2.
8.2.6.4: The Owner may exercise ilS rights pursuant to Paragraph 8.2 as frequently as the Owner
deems necessary to ensure that the Contractor's performance of the Work will comply with any
completion dates set forth in the Contract Documents.
C 2004 by Foreman Arch/teem Eng/neefS
00800-30
2002013
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3/1812004
DOCUMf:NT 00800
SUPPLEMENTARY CONDITIONS
8.3 DELAYS AND EXTENSIONS OF TIME.
8.3.1: In the first sentence, after the word" Architecr', delete the words "any of the other contractors or
an employee of them".
8.3.1: From the second line, delete the words "OWner's own forces".
8.3.1: At the end of this Subparagraph, delete the words: "for such reasonable time liS the Architect
may determine", and Insert "to the extent such delay shall prevent the Contractor from achieving
Substantial Completion within the Contract Time and if the performance of the Work is not. was not, or
would not have been delayed by any other cause for which the Contractor is not entitled to an extension
in the Contract TIme under the Contract Documents. The Contractor further acknowledges and agrees
that adjustments in the Contract TIme shall be permitted for a delay only to the extent such delay is not
caused, or could not have been anticipated, by the Contractor, could not be limited or avoided by the
Contractor's timely notice to the OWner of the delay. and Is of a duration not less than one day. Where
the delay arises from acts. omissions, or defaults of another Prime Contractor or the other Prime's
subcontractors and suppliers, then the Contractor will be entitled no extBnslon of time and its sole
remedy Win be an arbitration proceeding or proceeding at law pursuant to Subparagraph 6.2.5 of the
Supplementary Conditions."
8.3.1: Add Subparagraph 8.3.1.1:
8.3.1.1: No such Change Order extending the Contract lime shall result In any increased
payments to the Contractor for overhead, extended overhead or for any other amounts of any
nature.
8.3.3: Delete Subparagraph 8.3.3 in its entirety and insert new:
8,3.3: Notwithstanding anything to the contrary In the Contl'8Cl Documents, an extension in the
Contract TIme, to the extent pennltted under Subparagraph 8.3.1, shall be the $ole remedy of the
Contractor for (1) delay in the oommencement, prosecution, or completion of the worl\; (2)
hindrance or obstruction in the performance of the Work; (3) loss of productivity or acceleration; or
(4) other similar claims (COllectively referred to in this Subparagraph 8.3.3 as Delays) whether or not
such Delays are foreseeable, and only 10 the extent such acts continue after the Contractor
furnishes the Owner with notice of such interference. In no event Shall the Contractor be entitled to
any compensetion or recoYely of damages in connection With any delay, Including Without limitation,
consequential damages. lost opportunity costs, impact damages, or other similar costs. The
Owner's exercise of any of its rights or remedies under the Contract Documente (Including without
limitations, ordering changes In the WOIk, or directing suspension, rescheduling, or correctlon of
the Work) regardless of the extent or frequency of the Owner's exercise of such rights or remedies,
shall not be c::onslnJed as active Interference with the Contractor's performance of the Work. The
Contractor may not rely on any early completion date set out in any schedule doveloped under this
Contract, and may not make any delay claims on the basis of such earty completion date_
@ 2004 by Foreman An::hitects Engineers
00800-31
2002013
3/18/2004
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DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
8.3.4: Add Subparagraphs 8.3.4 and 8.3.5:
8.3.4: No payment or compensation or claim for damages shall be made to the Contractor as
compensation for damages for any delays or hindrances from any cause whatsoever in the
progress of the Work, notwithstanding whether such delays be avoidable or unavoidable. The
Contractor's sole remedy for delays shall be an EXTENSION OF TIME ONLY. pursuant to and only
in accord with this Paragraph 8.3, such extension to be a period equivalent to the time lost by
reason of and all of the aforesaid causes, as determined by the Construction Manager. In
consideration for this grant of a time extenSion, the Owner, Construction Manager, and Architect
shall not be held responsible for any loss or damage or increased costs sustained by the Contractor
through any delays caused by the Owner, Construction Manager or Architect or any other
Contractor or on account of the aforesaid causes or any other cause of delay. In the event the
Contractor chooses to IItlgats this provision and falls to prevail In its entire litigation, the Contractor
shall reimburse the Owner, Construction Manager, and Architect for any attomeys' fees,
professional fees and all other costs and expenses incurred by the Owner associated with
analyzing, defending. or otherwise opposing any such deim or litigation.
8.3.5: It shall be recognized by the Contractor that he may reasonably anticipate that as the jOb
progresses, changes in the Project Construction Schedule will occur and that changes in the
Project Construction Schedule will be updated pursuant to Subparagraph 3.10.2. Therefore. no
claim for an increase in the Contract Sum for either acceleration or delay will be allowed for
extensions of time pursuant to this paragraph or for other changes in the Project Construction
Schedule which may be experienced In projects of similar size and complexity.
ARTICLE 9. PAYMENTS AND COMPLETION
9.2 SCHEDULE OF VALUES.
9.2.1: Delets from the first sentence:
"Before the first Application for Payment, the Contractor shall submit to the Architect," and insert
"Within fourteen days after the receipt of the Notice to Proceed, the Contractor shall submit to the
Architect,".
9.2.2: Add Subparagraph 9.2.2:
"9.2.2: The Owner reserves the right to consider the schedule of values submitted by each Contractor in
reviewing the proposed durations for each activity submitted by each Contractor."
9.3 APPLICATIONS FOR PAYMENT.
9.3.1: In the third and fourth lines. delete the words:
......for Work completed in accordance with the schedule of values. and insert the words "for Work
provided in accord with the Contract Documents,"
9.3.1: Add the following sentence:
"9.3.1: The form of Application for Payment shall be a notarized AlA Document G702lCMa.
Application and Certificate for Payment, Construction Manager-Adviser Edition. supported by AlA
Document G703, Continuation Sheet."
@ 2004 by Foreman Architects Engineers
00800-32
2002013
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3/18/2004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
9.3.1.1: Add to this Subparagraph: ''The Owner may withhold payment on disputed Construction
Change Directive amounts."
9.3: Add Subparagraphs 9.3.4 through 9.3.10:
9.3.4: Payments to the Contractor will be made monthly for work provided as of the last calendar
day of the month. or during a period of one calendar month ending on a day mutually agreed to by
the Owner and the Contractor. provided that aU requirements of the Contract have been and are
being complied with.
9.3.5: Not later than the day of the month agreed to by all parties concerned. the Contractor shall
submit to the Construction Manager. in quantities indicated in Section 01200, itemized Application
for Payment, supported to the extent required by the Construction Manager by receipts or other
vouchers. showing payments for materials and labor, payments to Subcontractors and suCh other
evidence of the Contractor's right to payment as the Construction Manager may direct. One week
prior to the agreed day of the month the Contractor shall provide an informal copy of the payment
application to the Construction Manager for his review. The Construction Manager wiD advise the
Contractor as to wl1ether the application is acceptable or as to what changes shall be required.
9.3.6: The sum or sums withheld by the contracting body from the Contractor shall be ten percent
of the amount due the Contractor until fifty percent of the Contract Is completed. When the Contract
is fJfly percent complete, one-half or the amount retained by the Owner shall be released to the
Contractor; provided that the Architect approves \he Application for Payment and provided further.
that the Contractor Is making satisfactory progress and there is no specific cause for greater
withholding.
9.3.7: The sum or sums withheld by the contracting body from the Contractor after the Contract is
fifty percent completed shall not exceed five percent of the value of provided work based on
monthly progress payment requests: provided, however. \hat in the event a dispute arises between
the contracting body and any separate Contractor. which dispute is based upon Increased costs
claimed by one separate contractor occasioned by delays or other actions of another separate
contractor. additional retafnage in the sum of one and one-half times the amount of any possible
liability may be withheld until such time a8 a final resolution Is agreed to by all parties directly or
indirectly involved, unless the Contractor causing the additional claim furnished a bond satisfactory
to the contracting body to indemnify such contracting body against the claim. However. all such
moneys retained by the Owner may be withheld from the Contractor until Final Completion of the
Contract.
9.3.8: The Construction Manager and Architect shall make final inspections within thirty days of
receipt of the Contractor's request for final Inspection and Application for Final Payment. If the
Work is finally completed. the Architect shall issue a final Certificate for Paymant and the
contracting body shall make payment in full within forty-five days thereafter. less only one and one-
half times such amount as is required to complete any then remaining, uncompleted, minor items.
which amount shaD be certified by tile Architect and upon receipt by the contracting body of any
guarantee bonds which may be required. in accord with the Contract Documents. to insure proper
workmanship for a designated period of time. The certificate given by Architect shall list in detail
each and every uncompleted item and a reasonable cost of completion. Refer to Subparagraph
2.4.1 of this Document. if Contractor fails to complete items.
9.3.9: Final Payment of any amount 50 withheld for the completion of the minor items shall be paid
for upon completion of the items in lI1e certificate of the ArchitecUEnglneer.
'" 2004 by FOlBll7sn An;hjt..ct~ Engineers
00600-33
2002013
3/1812004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
9.3.10: The final payment due the Contractor from the contracting body after Substantial
Completion of the Contract shall bear Interest at a rate of six percent per annum for all Contracts
with proVisions for retalnage, such interest to begin after the date that such payment shall become
due and payable to the Contractor; provided. however, that where the contracting body has issued
bonds to finance the project, interest shall be payable to the Contractor at the rate of interest of the
bond issue or at the rate of six percent per annum. whichever is less.
9.5 DECISIONS TO WITHHOLD CERTIFICATION.
9.5.1: Delete the first sentence, and insert:
"The Construction Manager and the Architect shall not certify payment and shall withhold a
Certificate of Payment in whole or in part to the extent necessary to protect the Owner, if in the
Construction Manager's and the Architect's opinion the repnlsentatlon to the OWner required by
Subparagraph 9.4.3 cannot be made."
9.5.1.7: Dele\e the word: "persistent".
9.~.3: Add Subparagraph 9.5.3:
"9.5.3: If the Contractor disputes any determination by the ConstNction Manager and the Architect
with regard to any Certificate of Payment, the Contractor shall expeditiously continue to prosecute
the Work In accord with the Contract Documents."
9.6 PROGRESS PAYMENTS.
9.6.1: At the end of this Subparagraph, Add:
"Such payment by the OWner shall not constitute approval or acceptance of any item of cost in the
Application for Payment. No partial payment made hereunder shall be or be construed to be final
acceptance or approval of that portion of the Wol1l to which such partial payment relat8$ or relieve
the Contractor of III1Y of Its obligations hereunder with flllIP8ct thereto:
9.6.2: Add Subparagraph 9.6.2.1:
9.6.2.1: The Contractor shall, at the request of the Owner, Construction Manager, or Architect, prior
to the submission of an Application for Payment. submit an affidavit signed by some or all of the
Contractor's Subcontractors that they have been paid fO/" their portion from previous Applications for
Payment.
9.7 FAILURE Of PAYMENT.
9.7.1: In the first sentence, Change "fourteen days" to "sixty days" and at the first occurrence of the word
"seven", change "seven" to "thirty".
9.7.1: Delete the last sentence In its entirety.
@ 2004 by Foremen Architscts Enginee(~
00800-34
2002013
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3/18/2004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
9.8 SUBSTANTIAL COMPLETION.
9.8.1: In the first sentence. after the word "complete"; insert a comma. and add the following:
"Including the Contractor's notification of Substantial Completion, requesting inspection for list of
items to be completed, and the receipt of the Architect's list of items to be completed or corrected."
9.8.1: Add Subparagraph 9.8.1.1:
9.8.1.1: The Date of Substantial Completion will be established after receipt of the Contractor's
Notification for Substantial Completion inspection and the Architect's and Construction Manager's
inspection of the Project.
9.8.2: In the first senlence, after the second occurrence of the word 'Contractor': delete the words 'and
Construction Manager", and the word 'jointly".
9.8.2: In the eighth sentence, delete the words 'of the Work or designated portion thereof, and insert
the words 'of the entire Project'.
9.8.2: Add Subparagraph 9.8.2.1:
9.8.2.1: The Architect will verify, and issue a list of items to be completed or corrected within fourteen
days after the receipt of the Contractor's notification for Substantial Completion. Should the Contractor
fail to include their listing of Work that needs to be completed or corrected, the Architect will not be
obligated to insped the project until such list Is provided.
9.9 PARTIAL OCCUPANCY OR USE.
9.9: Add new Subparagraphs 9.9.4 and 9.9.5:
9.9.4: As portions of the project are completed. and occupied, Contractor shall ensure the
continuing construction activity wi" not unreasonably interfere with the use, occupancy and quiet
enjoyment of the completed portions thereof.
9.9.5: The Contractor agrees to coordinate the Work with the Construction Manager, the Architect.
and the Owner in order to minimize disturbance to occupied portions of the structure. In the event
perfonnances or tests are conducted In close proximity to the Work in progress, the Contractor
agrees to cease all work whictl may disturb the Owner's occupants at the site.
e 2004 by Foreman Arr:hit9ct. Enginas",
00800-35
2002013
3/18/2004
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DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
9.10 FINAL COMPLETION AND FINAL PAYMENT.
9.10.3.1: Add new Subparagraph 9.10.3.1:
"9.10.3.1: If more than one inspection for Final Completion Is required, Contractor will be billed and
responsible for the professlonal fees and services of the Architect and Construction Manager.
FollOWing Substantial Completion, in the event Contractor or its subcontractor fails to complete the
list of items of the Work instructed by the Architect to be corrected or completed within thirty days
after date of receipt of Certificate of Substantial Completion, Owner may (1) exercise any available
remedies to correct or complete deficient work or retain a third party to correct or complete such
WOliI. at the cost of the defaultIng contractor; and (2) retaIn and ded uct from any payments or
retention otherwise due to the defaulting contractor any fees and expenses for services required to
be provided by the Construction Manager and the Architect more than sixty days after the Date of
Substantial Completion..
ARTICLE 10. PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS.
10.1.1: Insert the following: "within fOlJrteen days after the receipt of the Notice to Proceed.".
10.1.1.1: Prior to performing any Work on the project site, the Contractor shall submit to the
Construction Manager its Project Safety and Health Program fully describing the Contractor's
commitments for meeting its obligations to provide sefe and healthful working conditions for its
employees, and generally contribute and enhance safety at the project site. The COnl/llctor's program
shall reference federal and state OSHA standards and other rules and regulations applicable to
constructIon acIMtles on the project. The Contractor's Project Safety and HeaM Program shall include.
as a minimum. the following:
A. New Hire Safety and Orientation Program: Each new or reassigned employee of the
Contractor shell receive a thorough safety orientation including employer/employee
responsibilities under federal/state OSHA regulsUons. ear protecUon In high noise level areas,
respiratory protection, Material Safety Data Sheets (MSDSl, fire protecUon. first aid facilities,
and look-out procedures on electrfcal lIClulpment. Attendance at the Orientation program
meeting Is required and records kept on file in the Contractor's office for review.
B. Weekly Tool Box Safety Meetlngs: Contractor shall conduct Weekly Tool Box Safety
Meetings to provide employees with current safety information. Attendance is required and
records kept on file In the Contractor's office for review.
10.2 SAFETY OF PERSONS AND PROPERTY.
10.2.3: Add: "The Contractor shall also be responsible, at the Contractor's sole cost and expense; for
all measures necessary to protect any property adjacent to the Project and improvements therein. Any
damage to such property or improvements shall be promptly repaired by the Contractor responsible."
@ 2004 by Foroman Atrhitects Engineers
00600-36
2002013
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SUPPLEMENTARY CONDITIONS
ARTICLE 11. INSURANCE
11.1 CONTRACTOR'S LIABILITY INSURANCE.
11.1.1: In the first sentence, delete: 'The Contractor shall purchase from and maintain in a company. or
companies lawfully authorized to do business in the jurisdiction in which the project is located', and
insert:
"From signing of the Contract untO thirty days after Final Payment, the Contractor shall at his own
expense, purchase and maintain insurance in companies properly licensed to do business in the
Commonwealth of Pennsylvanie and which ara having an AM. BEST RATING of A- or better, and
being satisfactory to Owner, end which are licensed to practk:e business In the COlM1Onweallh of
Pennsylvania."
11.1.2: Atlhe end of this Subparagraph, Add:
"Insurance shall be carried with companies which ara f1nanclaRy responsible. If any such insurance
is due to expire during the construction period, the Contractor shall not permit the coverage to lapse
and shall furnish evidence of continued coverage to the OWner, the Construction Manager, and the
An:hitect for record."
11.1.2: Add Subparagraphs 11.1.2.1 through 11.1.2.5:
11.1.2.1: Workmen's ComDBnSatlon includina OccuDatiqnal Disease. and Emolover's Liability
Insurance:
a. Statutorv - Amounts and coverage 8S required by Commonwealth of Pennsylvania
Workmen's Compensation laws.
b. EmoloVer's liability at least $500,000 eech accident; $500,000 disease policy limits;
$500,000 disease each employee.
11.1.2.2: Public Liabllltv including coverage for direct operations, sublet work, personal and
advertising injury, bodily injUry, properly damage with explo!lion, collapse, and underground haard
coverage (X, C, U) contractual liability, products and completed operations with limits not less than
those staled below.
a. General Aggregate
(Other than Products and Completed Operations)
b. Products and Completed Operations Aggregate
c. Personal and Advertising Injury
d. Each Occurrence
$1,000,000
$1,000,000
$1,000,000
$1,000,000
e. Products and Completed Operations Insurance shall be maintained for a minimum period of
two years after flnal payment and Contractor shall continue to provide evidence of such
coverage to Owner on an annual basis during the aforementioned period.
e 2004 by ForemBfl Arohitect~ Enginti&~
2002013
00800-37
3/18/2004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
11.1.2.3: Comorehenslve Automobile Liabilitv Insurance including coverage for owned, non-owned,
and hired vehicles with limits nolless than lI'Iose stated belOw.
a. Bodilv Iniurv and Prooertv Damaoe Combined
Each Occurrence $1,000,000
11.1.2.4: Umbrella Liability policy minimum coverages to override ali comprehensive liability
poliCies.
General; Plumbing; HVAC; and Electrical Contracts
$5,000,000
Roofing; Aluminum Windows; Acoustical, Drywali, and
Plaster; Resilient Flooring and Carpeting; Painting;
Visual Display Boards; Food Servi08 Equipment; General
Casework; Library Caseworl<; Fire Protactlon; and
Communications Contracts
$1,000,000
11.1.2.5: Include the Owner, Construction Manager. and the Architect a$ an additIOnal insured
under Contractor's Public Liability and Umbrella Excess Liability Policies. Coverage afforded to the
Owner, Conswction Manager and Architect as an additional insured shall be on a primary basis
and applied before any other insurance carried by the Owner, Construction Maneger and Architect.
Deductlbles per claim under Contractor's PUblic liability Policy shall not exceed $!I,OOO.
11.1.3: AcIcI Subparagraph 11.1.3.1:
11.1.3.1: Contractor sheli submit to lI'Ie Owner, through lI'Ie Construction Manager, will'lin five days
of the Award of the Contract, an appropriate Certificate of Insurance which certiflElll that Contrador
is covered by insurance requirements of Artlcle 11, Paragraph 11.1, Subparagraphs 11.1.2.1
through 11.1.2.5. Certltlcate of Insurance shall be accompanied by a notarized tetter from the
Contractor's Insurance CarrlBr advising the Owner to what degree the aggregate limit has been
impaired. Further, the Contractor fully understands that failure to timety submit the Certificate of
Insurance shall give the Owner the option 10 withdraw lI'Ie award. and forfeit the bidders bid bond.
A. Contractor's CertifICate of Insurance shall be submitted 10 the Owner, through the
Construction Menager, on the standard "Acord" Form.
1. Contractor shall require Ihe Insurance Company to modify the cancellation reporting
polley (as written In the lower righthand of the "Acord" Form) to read as follows:
a. Should any Of the above described poIlcles be cancelled before the exPiration
date thereof, the issuing company will mail sixty days written notice to the
certifica1e holder named to the left, in accord wlll'l the requirements of ACT 86 of
the Commonwealth of Pennsylvania.
B. Failure by the insuring company to properly nollfy lI'Ie named and additional insured shall not
relieve the insurer of the insurance obligations and liabilities.
e 2004 by Fomman An:hitects Efll/ineers
2002013
00800-38
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3/1812004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
11.2 OWNER'S LIABILITY INSURANCE.
11.2.1: Add the following:
11.2.1 .1: The Owner shall provide the following kinds of insurance for the project:
a_ General Aggregate
(Other than Products and Completed Operations)
b. Products and Completed Operations Aggregate
c. Personal and Advertising Injury
d. Each Occurrence
$1.000,000
$1,000,000
$1,000,000
$1,000,000
11.3 PROPERTY INSURANCE.
11.3.1.1: Add the following:
"Owner will provide "ALL RISK" Builders Risk Insurance coverage without Change Order. as
stipulated, but reQuires that Contractor be responsible for the first $1,000, per occurrence, of any
loss under this insurance. No coverage for Contractor's equipment and tools will be Included."
11.3.1.2: Add the following:
"In accord with the provisions of this Article, the Owner hereby notifies the Contractors that he
(Owner) does not intend to carry Property Insurance on construction materials or equipment stored
on or off site, or in transit. Each Contractor shall supply this coverage. The Owner will provide
coverage for alterations and additions to existing structure under the Owner's existing poRcy."
"Note: The Contractor should be aware of any "BOOM" Exclusion in his insurance coverage for
Contractor's Equipment."
11.4 PERFORMANCE BOND AND PAYMENT BOND.
11.4.1: Add the following:
"PERFORMANCE AND LABOR AND MATERIAL PAYMENT BONDS: the contractor shall provide
a pelformance bond and a labor and material payment bond, each in the amount of 100 percent of
the Contract Price, before the award of the contract. (Sectfons 7!56 and 757 of the Public School
Code of 1949, as amended. and the Public Wor\(s Contractors Bond law of 1967). Each Prime
Contractor shall also provide a Maintenance Bond for workmanship and materials in an amount not
less than ten percent of the Contract Price for a period 01 one year from the date of acceptance.
Each bond shall be with surety licensed to do business in the Commonwealth of Pennsylvania with
a minimum A.M. Best Rating of A- or better and acceptable to the OWner and each payable to the
OWner.
~ 2004 by Fo"'m~ Architect. Engln!HI/3
00800-39
2002013
3/18/2004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
11.4.1: Insert SUbparagraphs 11.4.1.1 through 11.4.1.6:
11.4.1.1: The Contractor shall deliver the required bonds to the Owner on the date the Agreement
is entered into, or if the Work is to be commenced prior thereto in response to a letter of intent, the
Contractor shall, prior to the commencement of the Work, submit evidence satisfactory to the
Owner that such bonds will be furnished.
11.4.1.2; The Contractor shall require the attorney-In-fact, who executes the required bonds on
behalf of the surety, to affix a certified and l;Urrent ropy of the p~r of attorney to each of the
bonds.
11.4.1.3: The costs of all bonds furnished hereunder shall be Included in the Contract Sum.
11-4.1.4: 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.
11.4.1.5: If any Surety hereunder makea any aSSignment for the benefit of creditors or commits
any act of bankruptcy, or is declared bankl\Jpt, or files a voluntary petition for bankruptcy, or in the
reasonable opinion of the Owner is insolvent, the Contractor shall immediately furnish and maintain
another Surety satisfactory to the Owner.
11.4.1.6: If the Owner or Contractor Is damaged by the failure of the other to purchase or maintain
any insurance or bond reql.ired by these Contract Documents, without the wrttten consent of the
other, then the party failing to so purchaae or maintain such insurance or bonds shall pay all costs
incurred by the other party, including, but not limited to, reasonable attomay's fees.
Add new Paragraph:
11.5 INSURANCE CARRIERS.
11.5.1: If any party is damaged by the failure of the other to purchase or maintain insurance required
under Article 11 and so notifies the other party, then the party who failed to purchase or maintain the
insurance shall bear all reasonable costs properly attributable thereto.
11.5.2: Whenever the Contractor is required under these Contract Documents to fumish insurance
coverage, all policies of insurance so fumlshed shaD be Issued by an Insurance company or by
insurance companies qualified to do business in the Commonwealth of Pennsylvania.
ARTICLE 12. UNCOVERING AND CORRECTION OF WORK
12.2 CORRECTION OF WORK.
12.2.1: Add the word, ", Owner," after the phrase "Construction Manager".
12.2.1: Add Subparagraph 12.2.1.1:
12.2.1.1: If prior to the Date of Substantial Completion, the Contractor, a Subcontractor or anyone
for whom either is responsible uses or damages any portion of the Work. including, without
limitation, mechanical, electrical, plumbing and other building systems, machinery, eqUipment or
other mechanical device, the Contractor shall cause such item to be restored to "like new" condition
at no expense to the Owner.
C 2004 by Fommen Atehltect. Engineers
00800-40
2002013
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DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
12.2.2: Add Subparagraphs 12.2.2.1 and 12.2.2.2:
12.2.2.1: The obligations under Paragraph 12.2 shall cover any repairs and replacement to any part
of the Work or other property caused by the defective Work.
12.2.2.2: Upon completion of any Work under or pursuant to this Subparagraph 12.2.2. the one
year correction period In connection with the Work requiring correction shall be renewed and
recommence.
12.2.4: At the end of the third sentence, fourteenth line, AcId: "and attomeys' and "accountants' fees
and exPenses".
12.2.4: The last sentence is amended by the words: "immediately upon demand."
ARTICLE 13. MIS~ELLANEOUS PROVISIONS
13.3 WRlnEN NOTICE.
13.3.1: Delete the words: 'registered or certifl8d". and add: "Electronic mail mes81lges will not be
considered as written notice'.
13.5 TESTS AND INSPECTIONS.
13.5.1: In the seoond sentence, after the word. 'costs". add \he words:
". induding the cost of retesting for verification of compliance If necessary. until the Architect
certifies that the Work In quesllon does comply with tile requirements of the Contract Documents.
and all such costs shall not be Included in computing the Contract Sum.........
Add new Paragraphs:
13.8 INTERPRETATIONS.
13.8.1: Where required hereunder to effectuate the intent of \he Contract Documents, masculine shall
mean neuter or feminine and the singular shaH mean the plural.
13.8.2: The captions and headings of various Articles and Paragraphs in the Contract Documents are
for convenience only and are not to be construed as defining or limiting, in any way. the scope or intent
of the provisions hereof.
13.8.3: The Invatidlty 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.
C 2004 by Foremen Architect. Enginee",
0080041
2002013
311812004
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
13.9 EQUAL EMPLOYMENT OPPORTUNITY.
13.9.1: The Contractor shall maintain poliCies of employment as follows:
13.9.1.1; The Contractor and the Contractor's Subcontractors shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex or national origin. The
Contractor shall take affirmative action to ensure that applicants are employed, and that employees are
treated during employment without regard to their race, religion, color, sex or national origin. Such
action shaH include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising; lay-off or tennlnatlon; rates of payor other forms of
compensation; and selection for training, Including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth the
policies of non-dlscrlminatlon.
13.9.1.2: The Contractor and the Contractor's Subcontractors shall, In all solicitations or advertisements
for employees placed by them or on their behalf, slate that all qualified applicants will receive
consideration for emplOyment without regard to race, religion, color, sex or nlllional origin.
~RTIClE 14. TERMINATION 9F THE CONTRACT
14.1 TERMINATiON BY THE CONTRACTOR.
14.1.1: Delete Subparagraphs 14.1.1, 14.1.1.1. 14.1.1.2, 14.1.1.3. 14.1.1.4, and 14.1.1.5 in their
entirety and insert new:
"14.1.1: If the Work Is stopped for II period of thirty d9ys under an order of any court or other public
authority havlng Jurisdiction, other than the Owner, through 1\0 act or fault of the Contractor or a
Subcontractor or their agents or employees or any other persons perfonnlng any of the Work under
a contract with the Contractor. then the Contractor may, upon seven additional days' WIItten notice
to the OWner and the Architect. tenninate the Contract and recover from the Owner payment for all
Work executed. The foregoing sentence shall be the exclusive and sole remedy .available In the
event of termination, and the OWner shall not be liable to the Contractor for any losses. lost profits,
or damages."
14.1.2: Delete in its entirety.
14.1.3: Delete in Its entirety.
14.2 TERMINATION BY THE OWNER FOR CAUSE.
14.2: Add Subparagraph 14.2.1.5:
"14.2.1.5: If the Contractor fails to abide by the Project Construction Schedule, and fails within seven
days atter receipt of written notice to correct any scheduling problems or provide required scheduling
Information, the OWner. after consultation with the Construction Manager that sufficient cause exisls 10
justify such action, may. after seven days following receipt by the Contractor of an additional written
notice and without prejudloe to any other remedy the Owner may have, terminate the contract of the
Contractor. in such case, the Contractor shall not be entitled to receive any further payment until the
Work is finished"
@ 2004 by FOrFlman Archi!eols Engine.",
00800-42
2002013
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DOCUMENT 00800
SUPPLEMENTARY CONDmONS
14.2.4; Add the following sentence;
"The costs of finishing the Work include, without limitation. all reasonable attorney's fees, additional
title costs, insurance. additional interest because of any delay in completing the Work. and all other
direct and indirect consequential costs il'lCurred by the Owner by reason of the termination of the
Contractor as stated herein."
143 SUSPENSION BY THE OWNER FOR CONVENIENCE.
14.3.2: At the end of the first sentence, Add:
"The costs of finishing the WOlk include, without limitation, all reasonable attorney's fees, additional
title costs, insurance, additional interest because of any delay in completing the Work, and all other
direct and indirect consequential costs Incurred by the Owner by reason of the termination of the
Contractor as stated herein.'
Add new Paragrapt1:
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 shaM:
.1 Cease operations as directed by the Owner in the notice.
.2 Take actions necessary, or that the Owner may direct, for the protection and preservation of
the Work.
.3 Except for Work directed to be pertormed prior to the effective data of tennination stated in
the notice. terminate all existing Subcontracts and purchase orders and enter into no further
Subcontracts and purcllase orders.
14.4.3: In the event that the Owner exercises Its right to termination for convenience, Contractor shall
be entitled to payment only for work executed and accepted by ArChitect, for any costs associated with
edditional demobilization of materials not incorporated into the Project, and termination costs of material
and equipment orders already placed for specialty items which are unique to the Projecl. Contractor is
not entitled 10 overhead or profit for work not performed.
END OF DOCUMENT
<0 2004 by Foremen Architects Engineers
00800-43
2002013
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[: ,Kk,~ 1+ D
Exhibit A
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SUBCONTRACT
I
041761131
AGREEMENT made as or: 1/1912005
BETWEEN The Contractor: LOBAR, INC.
P.O. Box 50
Dillsburg,PA 17019
And The Subcontractor: W. Craig Adams Inc.
107 Campbell Rd.
Yorlc,PA 17402
WITNESSETH, that the Subcontractor and Contractor for the consideration hereinafter named agree as follows:
ARTICLE I. The Subcontractor agrees to furnish all labor and material required to perfonn all work as described in Article II hereof for:
Bellaire Elementary School
Rte 74, Waggonen Gap Road
Carlisle, PA 17013
for Contractor, in accordance with this Subcontract (hereinafter 'Subcontract'), the agreement between the Owner and Contractor, and in
accordance with the General Conditions of the Contract, Supplementary General Conditions, the drawings, specifications, amendments,
and/or addendums prepared by Foreman Architects & (herein after called the 'Architect' or 'Owner's Authorized Agent') which fonn a part
of a contract between the Contractor and the Owner dated 12116/04 which are incorporated by reference as though fully set forth herein
and which are herein referred to as the 'Contract Documents'.
The Subcontractor acknowledges that it has had an opportunity prior to the execution of this Agreement, to examine and request copies of
all Contract Documents, and Subcontractor agrees to be bound by the Contract Documents as set forth in this Agreement.
ARTICLE II. Subcontractor agrees that the labor, materials, and equipment it is to furnish and work to be performed under this
Subcontract are complete as required and in strict accordance with all Contract Documents included but not limited to:
A. Sections of: General Conditions, Supplementary Conditions, and all Specifications Division 0-16 as presented in Project Manual
entitled "New Construction of Bellaire Elementary School, Carlisle Area School District, Carlisle, P A" dated March 18, 2004
B.Specification Section(s) : 02230 Site Clearing, 02311 Rough Grading, 02315 Excavation, 02316 Rock Removal, 02320 Bacldilling,
02324 Trenching, 02375 Riprap, 02620 Subdrainage, 02630 Stonn Drainage, 02732 Crushed Stone Paving, 02743 Bituminous Concrete
Pavement, 02753 Portland Cement Concrete Pavement (stone only), 02840 Walk, Road, and Parldng App1l1"lernmces; 02923 LlIlIdsi:ape"
Grading
-Provide clearing and grubbing, erosion control, cut and fill, excavation and bacldill of foundations, stone under slab, foundation
drainage, storm sewer work, bituminous paving, line painting and signs as shown on drawings and in accordance with
specifications and addendums.
-Includes curb excavation and bacldill, prep for walks, spread topsoil, remove excess soils materials from site, stone and fabric at ~
soft play area. ,
-Includes: Alternate #1 Delete Plantings & Site Walls, which deletes your footer excavation at the area shown.
-Layout provided by Lobar, Inc. will be provided one time only. Protection of layout is to be provided by this subcontractor. {l111'1,
-Provide site fill permit for export or import materials per DEP regulations. ~ (fJ6J(.2/-7lrr)
-Dewatering for all earthwork activities. Lobar, Inc. will be responsible for dewatering of foundation excavations.... concrete
footings are placed. W, C'A:LiIL, w;I I 4~.~1C. /;:f" /<Jlfl.k!; AP+",.. Cdf'lCl' pf-( -ft:Jt1f;,,"'f'I' B locK ~r ~ f. r::~
- Temponuy seeding if required. f';..c.e-,
-Erosion control matting. ( ~
- Clean-up of related debris including disposal off site. .0. 1... 1
~-J/'~
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" SUBCONTRACT continued-lJ41761131 1
Excludes: _ \
-Permanent Seedin!. Fc"'&I;,(..,.,I"",;- Of-t..pC'; I 'It ""'.d;'t~w~ ~/ZJt -r.h ID~
-Processing contaminated soils ~ 1JI'1:?
-Removal or replacement of unsuitable material
-Repairs to paving damaged by others
-Soft play surface and timbers
-Color coat & gamelines at basketball court .. Po~-t-
-Pavers or tree grates
-Concrete @ curbs or wa1lcs
-Safety Fencing
-Gas Line excavation
-Repairs to site caused by others
-Downspout boots
-Premium time
-Pole Relocation h I \ ~
--rll:~"d. JIZ~N fJo)~,.JII'+r..,. ~B~ -&. ".~ ,1/"".
C: Any work shown on drawing numbers . CIOl - C505, LlOI, Ll02, SOOI - S131, A021 - A72I,1021 - 1731, QOOO - 0481, FOOl - F481,
POOl - P491, MOOl - M821, EOOI - E72I, TIll - T503
D: Any work shown in addendum numbers: I through 5 of 5
_ ?~,.",z.-t's.... +tsT;>:1J,.lBe~ ...hl.~)
llt""
CJ,,/t. ....f, lad ~11h
~
~
E. Additional Subcontract Clause
I. (8) copies of each submittal are required. Each submittal shall be labeled with the applicable specification section, paragraph
number, description of the submittal, and type ofsubmittal' Only one copy of the submittal will be returned to the Subcontractor. For
example:
Section: 03300
Paragraph: 1.3.3
Description: Concrete
Type: Mix Design
2. Subcontractor shall stamp each submittal, stating that each submittal is approved and in confonnance with the Contract Documents.
Sign and date the approval stamp. Any deviations from the plans and specifications must be clearly noted and justified.
3. The approval of submittals by LOBAR, INC. shall not be construed as a complete check. Approval by LOBAR, INC. will not
relieve the Subcontractor and/or supplier of the responsibility for any errors, omissions, and/or deviations from the Contract
Documents.
ARTICLE m. Time is of the essence and the Subcontractor agrees to commence and to complete the work as described in Article
II as follows:
A. All work shall be performed in strict accordance with Contractor's progress schedule and directions. Subcontractor's failure to
comply with Contractor's progress schedule and directions may, at Contractor's sole discretion, result in termination of this
Subcontract, and Subcontractor shall be responsible to Contractor for all costs, expenses, penalties, or damages incurred by
Contractor or other subcontractors as a result of Subcontractor's failure to complY.
B. Completion date for this project is May 12,2006 with Liquidated damages of $1,000.00 per calendar day. Subcontractor sha1I be
liable for any liquidated damages assessed against Contractor caused by or related to Subcontractor's work on the project.
C. No extension of time for the perfonnance of this Subcontract shall be recognized without the prior written consent of the
Contractor.
ARTICLE IV. The Contractor agrees to pay the Subcontractor for the perfonnance of the work set forth herein the following sum,
subject to all terms and conditions of this Subcontract:
Total for Subcontract # 041761131 $1,588,507.00
In current funds, subject to additions and deductions for changes as may be agreed upon in writing, and to make monthly payments
on account thereof in accordance with Article X, Sections 20-23 inclusive.
A. Monthly progress payments. Subcontractor shall submit one original Application for Payment on AlA forms 0702 and 0703 or
equal, including only work complete as of the date of the Application and showing the percentage of completion for each item, to
Contractor by the 20th of each month, or a different date if so notified by Contractor in writing. Payment of this application shall be
made as follows:
Net amount less 10% retainage will be paid 45 days subject to approval by Contractor, architect, engineer and owner, and receipt of
payment by Contractor, which shall be a condition precedent for payment by Contractor to Subcontractor. No other charges such as
Page 2 ot6
I' SUBCONTRACT continued-ll41761131' '",
mteresl, carrying charges, taxes, etc. will be paid unless agreed to by Contractor in writing, in advance. A separate line item for
Subcontract close-out shall be included on all breakdowns. No partial or final payments will be made without proof of payment for
all labor and materials included in the Application. No payment for additional or change order work sha1I be made without formal
change order documents executed by both Contractor and Subcontractor. Retainage will be released upon approval from architect and
owner, receipt of payment of retainage by Contractor, and upon receipt by Contractor of proof of payment releases for all labor and
material used by Subcontractor in the performance of the Subcontract.
ARTICLE V. Final payment shall be due when work described in this Subcontract is fully completed and performed in accordance
with the Contract Documents and payment to be consistent with Article IV and Article X. Sections 18, 20-23 inclusive of this
Subcontract.
ARTICLE VI. Performance and Payment Bonds.
(Nt A) Submit a payment and performance bond.
ARTICLE YD. Temporary Site Facilities.
A. This Subcontractor shall provide all temporary site facilities as required or as necessary to perform his work.
B. Debris related to the work included in this Subcontract sha1I be removed and disposed ofby this Subcontractor. Back charges shall
be made for non-compliance.
ARTICLE VIII Indemnification and Insurance
A. Indemnification
I. To the fullest extent permitted by law, the Subcontractor sha1I indemniJy and hold harmless the Contractor, Contractor's
consultants, 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 Subcontractor's work under this Subcontract, provided that such
claim, damage, loss or expense is attributable to bodily injmy, sickness, disease or death, or to injmy to or destruction of tangible
property (other than the Subcontractor's work under this Subcontract), but only to the extent caused by the negligent acts or omissions
of the Subcontractor, anyone directly or indirectly employed by it or anyone for whose acts it 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 any party or person described in
this provision.
2. In claims against any person or entity indemnified under this provision by an employee of the Subcontractor, anyone directly or
indirect1y employed by it or anyone for whose acts it may be liable, the indemnification obligation under this provision shall not he
limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Subcontractor under workers'
compensation acts, disability benefit acts or other employee benefit acts.
B. Insurance
Prior to starting any work under this Subcontract, Subcontractor shall obtain insurance in accordance with the attached requirements
from a responsible insurance company or companies and shall provide two (2) certificates of insurance to the Contractor naming the
Contractor as an additional insured and evidencing coverage in accordance with the attached insurance requirements.
ARTICLE IX Job Conditions
A. A complete list of all material suppliers and second-tier subcontractors with their addresses and phone numbers must be submitted
to Lobar, Inc. within fifteen (15) days from date of signing of Subcontract by Subcontractor.
B. An accurate Subcontract breakdown showing labor and material costs for each item included in this Subcontract must be submitted
for approval within fifteen (15) days of notice of award. All cost breakdowns must include a separate line item for Subcontract close
out.
C. Submit two (2) payroll reports within seven (7) days week-ending to this office. Monthly payment estimates cannot be approved
without payroll reports being submitted.
D. Provide eight (8) copies of all submittal data exactly as required in specifications no later than two weeks from receipt of this
Subcontract.
F. All work to be performed in mct accordance with Lobar, Inc. safety program.
F. Use of foreign steel and aluminum products is prohibited on this project.
Page 3 ot6
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I SUBCONTRACT continued-041761131 '
I
ARTICLE X. In addition to the foregoing provisions the parties also agree that the Subcontractor shall:
I. Be bound to the Contractor by the terms of the Contract Documents and this Subcontract, and assume toward the Contractor all
the obligations and responsibilities that the Contractor, by those documents assumes toward the owner, as applicable to this
Subcontract
2. Submit to the Contractor applications for payment at such times stipulated in Article IV so as to enable the Contractor to apply
for payment If payments are made on valuations of work done, the Subcontractor shall, before the first application, submit to the
Contractor a schedule of values of the various parts of the work, aggregating the total as required by the owner, and, if required,
supported by such evidence as to its correctness as the Contractor may direct. This schedule, when approved by the Contractor, shall
be used as a basis for certificates for payment, unless it be found to be in error. In applying for payment, the Subcontractor shall
submit a statement based upon this schedule. If payments are made on account of materials not incorporated in the work but delivered
and suitably stored at the site, or at some other location agreed upon in writing, such payments shall be in BCCordance with the terms
and conditions of the Contract Documents.
3. Pay for all materials and labor used in, or in connection with, the performance of this Subcontract, through the period covered by
previous payments received from the Contractor, and furnish satisfactory evidence when requested by the Contractor, to verifY
compliance with the above requirements.
4. Make all claims for extras, extensions of time, and for damage for delays, or otherwise, promptiyto the Contractor consistent with
the requirements of Contract Documents. Subcontractor further agrees that for all claims for extras, extensions of time, and for
damage for delays arising from or related to the design, specifications, or requirements for the project, or for concealed or unknown
conditions, or arising from or related to the conduct of the owner or its agents or representatives, that Subcontractor shall be bound
by, and Subcontractor's recovery shall be 1imited solely to, such recovery on account of said claims which Contractor receives from
the owner, and Subcontractor shall cooperate with Contractor and shall be responsible for all of Contractor's expenses reasonably
incurred in pursuing said claims. Subcontractor further expressly agrees that it shall not be entitled to make a claim on any labor and
material payment bond provided on the project by Contractor on account of any such claim, provided that Contractor pursues such
claim as set forth above, and shall not recover or attempt to recover the difference between Subcontractor's claim and any amount
which Contractor receives from the owner on account of said claim through any form of arbitration or legal action, or by making a
claim on the above-referenced labor and material payment bond.
5. Take necessary precaution to properly protect the finished work of other trades.
6. Keep the building and premises clean at all times of debris arising out of the operation of this Subcontract The Subcontractor shall
not be held responsible for unclean conditions caused by other contractors or subcontractors, unless otherwise provided for.
7. Comply with all statutory and/or contractual safety requirements applying to his work and/or initiated by the Contractor, and shall
report within three (3) days or such other time as may be required by Contractor under any safety plan or program, or otherwise, to
the Contractor any injury to the Subcontractor's employees at the site of the project.
8a. Not assign this Subcontract or any lI1IUlunts due or to become due hereunder without the written consent of the Contractor.
8b. Nor subcontract the whole of this Subcontract without the written consent of the Contractor.
8c. Nor further subcontract portions of this Subcontract without written notification to the Contractor when such notification is
requested by the Contractor.
9. Guarantee his work against all defects of materials and/or workmanship as called for in the plans, specifications, and addemla, or
ifno guarantee is called for, then for a period of one (I) year from the date offinal acceptance of the Subcontractor's work by the
owner.
lOa. No separate understanding or agreements of any kind will be entered into by the Subcontractor and the owner and/or his
architect or agents relative to any original or extra work contemplated by this Subcontract unless the same is first approved in writing
by Contractor.
lOb. Subcontractor shall insure that all Subcontractor's, employees, and suppliers, at all times, are paid all amounts due in connection
with the performance of this Subcontract. After the first payment hereunder, Contractor shall have the right to withhold any
subsequent payments until Subcontractor submits evidence satisfactory to Contractor that all amounts owed in connection with
performance of this Subcontract have been paid. Further, Subcontractor agrees that Contractor may pay all persons which have not
been paid the monies due them in connection with this Subcontract whether or not a lien has been filed, and Subcontractor shall, to
the extent that Contractor has not recovered said amounts pursuant to withholding, pay said amounts to Contractor upon demand.
Subcontractor shall also immediately reimburse Contractor for any amounts paid under Contractor's payment bond in connection with
this Subcontract. In the event Contractor is required to pay or indemni/}' any persons hereunder, Subcontractor shall immediately
reimburse Contractor for the full cost thereof, including attorney's fees
IOc. Should Subcontractor at any time fail to supply a sufficient number of skilled workmen or a sufficient quantity of materials of
Page 4 of 6
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I SUBCONTRACT continued-041761131 ..
proper quality, or fan in any respect to prosecute the work covered by this Subcontractor with promptness and diligence, or fail in the
performance of any of the agreements herein contained, or should any worlanen perfonning work covered by this Subcontract engage
in a strike or other work stoppage, or cease to work due to picketing or other such activity, Contractor may in any of such events, at
its option, witbout prejudice to any other remedies it may have, after forty-eight (48) hotD'S written notice to Subcontractor, provide
any such labor and materials and deduct the cost thereof from any monies then due or thereafter to become due Subcontractor; and
further, in any of such events Contractor may at its option, without prejudice to any other remedies it may have, terminate the
employment of Subcon1raCtor's firm for the wod: under this Subcontract and shall have the right to enter upon the premises and take
possession, fen the purpose of completing the work hereunder, of all the materials, tools, and equipment thereon, and to finish the
work and provide the materials therefor either with its own employees or other subcontractms; and in case of such discontinuance of
the employment by Con1raCtor, Subcontractor shall not be entitled to receive any further payments under the Subcontract or
otherwise, but shall nevertheless remain liable for any damages which Contractor incurs; if the expenses incurred by Contractor in
completing the work shall exceed the unpaid balance, Subcontractor shall pay the difference to Contractor along with any other
damages incurred by Contractor as the resuh of Subcontractor's default. Contractor shall have a lien upon all materials, tools, and
equipment taken possession of to secure the payment thereof Subcontractor shall be liable to Contractor due to the failure of
Subcontractor's performance, Subcontractor's fiUlure to keep the progress of its work up to that of contract of other trades, or the
failure to execute its work as directed by Contractor.
10d. Subcontractor agrees that when the Contract Docmnents, specifications, or drawings require, Subcontractor will comply with
any applicable state or federal prevailing wage law as well as any rules or regulations promulgated there under. The Subcontractor
agrees to comply with all such terms and conditions which are applicable to this Subcontract and to indemnify and hold the
Contractor hannless for any fiUlure to comply with such conditions.
10e. Subcontractor will have actua1 responsibility for complying with the standards set forth in the rules and regulations promulgated
pursuant to the Construction Safety Act (40 V.S.C. 327) and other OSHA related provisions to the extent applicable to the
Subcontractor's portion of the work and Subcontractor shall indemnify and save the Contractor harmless in connection therewith from
any and all damage including attorney's fees, cost of corrective action, tines, etc.
II. And does hereby agree that the Contractor's equipment will be available to the Subcontractor only at the Contractor's discretion
and on mutuaJly satisfactory terms.
12. Furnish periodic progress reports of the work as mutually agreed including the progress of materials or equipment under this
Subcontract that may be in the course of preparation or manufi1cture.
13. Make any and all changes or deviations from the original plans and specifications without nullifying the original Subcontract
when specifically ordered to do so in writing by the Contractor. The Subcontractor prior to the commencement of this revised work,
shall submit promptly to the Contractor written copies of the cost or credit proposal for such revised wod: in a manner consistent with
the Contract Documents.
14. Cooperate with the Contractor and other subcontractors whose work might interfere with the Subcontractor's wod: and to
participate in the preparation of coordinated drawings in areas of congestion as required by the Contract Documents, specifically
noting and ad"vising the Contractor of any such interference.
15. Cooperate with the Contractor in scheduling his wod: so as not to conflict or interfere with the work of others. To promptly
submit shop drawings, drawings, and samples, as required in order to cany on said wod: efficiently and at speed that will not cause
delay in the progress of the Contractor's work or.other branches. of the work carried on by other subcontractors.
16. Comply with all federal, state, and loca1laws and ordinances applying to the building or structure and to comply and give
adequate notices relating to the work to proper authorities and to secure and pay for all necessmy licenses or permits to cany on the
work as descnbed in the Contract Documents as applicable to this Subcontract.
17. Comply with federal, state, and local tax laws, social security laws, and unemployment compensation laws and worker's
compensation laws insofar as applicable to the perfmmance of this Subcontract.
18. And does hereby agree that all wod: shall be done subject to tinal approval of the architect or owner's authorized agent, and his
decision in matters relating to srtistic effect shall be final, if within the tenns of the Contract Documents.
That the Contractor shall:
19. Be bound to the Subcontractor by all the obligations that the owner assumes to the Contractor under the Contract Documents and
by all the pro"visions thereof affording remedies and redress to the Contractor from the owner insofar as applicable to this
Subcontract.
20. Pay the Subcontractor within seven (7) days after receipt of payment by Contractor from owner, unless otherwise provided in the
Contract DoclIIDents, upon the payment of certificates issued under the Contractor's schedule of values, or as described in Article N
herein. The amount of the payment shall be equal to the percentage of completion certified by the owner or his authorized agent for
the work of this Subcontractor applied to the amount set forth under Article N and allowed to the Contractor on account of the
Subcontractor's work to the extent of the Subcontractor's interest therein.
21. Permit the Subcontractor to obtain direct from the architect or owner's authorized agent, evidence of percentages of completion
Page 5 of6
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I SUBCONTRACT connnued-041761131 I
certified on his account
22. Pay the Subcontractor on demand for his work and/or materials as far as executed and fixed in place, less the retained percentage,
at the time the payment should be made to the Subcontractor if the architect or owner's authorized agent fails to issue the certificate
for any fault of the Contractor and not the fault of the Subcontractor or as otherwise provided herein.
23. And does hereby agree that the failure to make payments to the Subcontractor as herein provided for any cause not the fault of the
Subcontractor, within seven (7) days from the Contractor's receipt of payment or from time payment should be made as provided in
Article X, Section 22, or maturity, then the Subcontractor may upon seven (7) days written notice to the Contractor stop work without
prejudice to any other remedy he may have.
24. Not issue or give any instructions, Ordelll, or directions directly to employees or workmen of the Subcontractor other than to the
pelllOns designated as the authorized representative(s) of the Subcontractor.
2S. Make no demand for liquidated damages of any sum in excess of such amount as may be specifically named in the Subcontract,
provided, however, no liquidated damages sbalI be assessed for delays or causes attributable exclusively to other subcontractolll or
arising outside the scope of this Subcontract.
26. And does hereby agree that no claim for services rendered or materia1s furnished by the Contractor to the Subcontractor shall be
valid unless written notice thereof is given by the Contractor to the Subcontractor daring the first ten (10) days of the calendar month
following that in which the claim originated.
27. Give the Subcontractor an opportunity to be present and to submit evidence in any arbitration involving his rights.
That the Contractor and Subcontractor agree:
28. That resolution of any dispute or claim between Contractor and Subcontractor shall be by litigation or arbitration at the sole
option of Contractor. In the matter of arbitration, if elected by the Contractor, their rights and obligations and all procedures sball be
analogous to those set forth in the Contract Documents provided, however, that a decision by the architect or owner's authorized
agent, sball not be a condition precedent to arbitration.
ARTICLE XI. Termination Clause
Lobar, Inc. shall have the right to terminate this Subcontract and to hire another subcontractor to perform the incomplete portion of
the work should the Subcontractor fail to perform its obligations under this Subcontract. Lobar, Inc. sball also have the right to
recover any and all losses or damage, including attorney's fees, resulting from the Subcontractor's breach of this Subcontract.
Any amount determined to be due Lobar, Inc. by any arbitration, arbitration panel, court, or through any other dispute resolution
technique shall bear interest from the date the breach occurred at the maximum rate permitted by the usury laws of the applicable
jurisdiction.
ARTICLE XU. In witness whereof the parties hereto have executed this Subcontract under seal, the day and year first written above.
If this Subcontract is not executed within fourteen (14) calendar days after receipt, Lobar, Inc. reserves the right to void this
Subcontract and obtain these services from another firm.
This Subcontractor certifies that it maintains a non-segregated place of business and is an equal opportunity employer.
Signed:
J. Richard Ayers
Executive Vice
Subcontractor
W. Craig Adams Inc.
By:
Contractor
Lobar, Inc.
By:
Date:
~-g/f17'
,
Date:
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Page 60f6
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OVERSIZED
DOCUMENT
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LOBAR, INC.
P.O. Box 50
DlIIsburg, PA 17019
Ph: 717-432-9728
\
RFI
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To: Steve Driscoll
Foreman Program & Cons!. Mgrs.
2685 Hossler Road
PO Box 189
Manheim, PA 17545
Ph:.71HI53-0589 Fax: 717-653-9427
RFI#: 7
Date: 311812005
Job: 04-176 Bellalre Elemantary School
Phone:
CC: Field, File, Barker III Carl S (LOBAR INC)
Subject: Differing sne conditions
Drawlng: C121
Cost Impact: Additional cost
Spec Section:
Schedule Impact: AcIdnional work
.
Requeet: Date Required: 312312005
On drawing C121 the existing tree line Is shown outside of the limit of construction. Aller laying out the building on the sne ft has
been discovered that is not the case. More than half of the trees on the sfte will need to be removed. Please verify and adlse how we
are to proceed.
Requested by: Carl S. Barker III
LOBAR INC.
'..J
Reeponse:
. ~swered by
T:ompany
Date
Page 1 of 1
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LIOUIDA TING AGREEMENT
This Agreement is entered into by and between Lobar, Inc. ("Lobar"), a Pennsylvania
corporation with an address of 1 Old Mill Road, P.O. Box 50, Dillsburg, P A 17019, and W.
Craig Adams, Inc. ("Adams") a Pennsylvania corporation with an address of 107 Campbell Road,
York, PA 17402.
WHEREAS Lobar entered into a contract dated December 16, 2004, (the "Contract") as
general contractor with the Carlisle Area School District ("Owner") Wlder which Lobar was to
provide certain labor and materials for construction of a project known as the Bellaire
Elementary School (the "Project") on which Foreman ArchitectslEngineers, Inc. was the
architect ("the Architect"); and
WHEREAS Lobar entered into a subcontract dated January 19, 2005, (the "Subcontract")
executed February 22, 2005 by Lobar Wlder which Adams was to perform certain excavation and
site clearing work on the Project; and
WHEREAS Adams asserts that it incurred significant additional costs in the amoWlt of
$47,661.68 associated with tree removal beyond that which Adams expected by review of the
project plans and specifications; and
WHEREAS Lobar has submitted a claim on behalf of Adams (the "Claim") for
additional compensation in the amoWlt of said extra tree removal; and
WHEREAS Lobar has passed the Claim along to the Architect for the Project, as the
Owner's representative, which claim the Architect has denied; and
WHEREAS Adams wishes to further pursue the Claim against the Owner through
litigation as required Wlder the Contract;
NOW THEREFORE, with intent to be legally bOWld, and for other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Adams and Lobar together shall make a Claim, in good faith, directly against the
Owner, but in Lobar's name, in accordance with the applicable provisions of the Subcontract. A
true and correct copy of the Subcontract is attached hereto as Exhibit "A."
2. Adam's attorneys shall take the lead role in pursuing the Claim, with Lobar's
attorneys acting as co-counsel not of record in the matter. All docwnents filed with the Court
shall be subject to review by Lobar's attorneys. During the pendency of the Claim, Lobar and
Adams shall each be responsible for payment of the attorneys' fees and (:osts of their respective
attorneys.
3. Lobar and Adams shall accept the outcome of the above-referenced litigation, win
or lose, as full and final settlement of the Claim.
.
.
...
.
4. In the event that the Parties win a judgment against the Owner and collect the
proceeds therefrom, said proceeds shall be paid by Lobar to Adams, less any out-of-pocket
expenses (which shall not include attorney fees) incurred by Lobar.
5. Adams shall indemnify, defend and hold Lobar, its employees, officers, directors,
shareholders, agents, insurers, and sureties (bonding companies) and their respective successors
and assigns harmless, including payment of attorney's fees, from all claims of any type or nature
arising from or related to the Claim, and from the Claim itself except as set forth in this
Agreement, and shall not attempt to make the Claim, or any claim arising from or related to the
Claim, against Lobar's labor and material payment bond on the Project, nor against Lobar, its
employees, officers, directors, shareholders, agents, insurers and sureties"
6. This Agreement is in addition to the Subcontract which remains in full force and
effect except to the extent expressly modified herein, and this Agreem tog with the
Subcontract represent the entire agreement of the parties relating . Proj
Date:
By:
J. Richard Ayers, .,
LOBAR, INC.
W. CRAIG ADAMS, INC.
Date: /, 3D <2.D~
BY:~~~
2
.
...
.
To, 970Mlr 1. 2006 5:-30PM
"D.' Terri DeShong
J_o:No. 8324op. P',2/2 of 1
VERIFICATION
The undersigned, Carl Barker, hereby verifies and states that:
I. He is Project Manager for Lobar, lnc. and is authorized 10 make this V crification
on behalf of Lobar, Inc.
2. The facts set forth in the foregoing pleading are true and correct to the best of his
knowledge, information, and belief; and
3. He is aware that false statements herein are made subject to the penalties of 18
Pa.C.S. ~4904, relating to unsworn falsification to authorities.
Dated: ) II tt6
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
LOBAR, INC.,
v.
CARLISLE AREA SCHOOL DISTRICT,
FOREMAN PROGRAM AND : Civil Action No. 06-1190
CONSTRUCTION MANAGERS, INC.,
and FOREMAN ARCHITECTS - : Civil Action - Law
ENGINEERS, INC.,
Defendants : JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE. SETTLE AND END
To: Prothonotary
Please mark the above-captioned case as discontinued, settled and ended.
Dated: G/?2(th
By~
Anthony J. Foschi, J.D. #55895
P.O. Box 88
Harrisburg, PA 17108
(717)763-1121
Attorneys for Plaintiff
:190408
-
CERTIFICATE OF SERVICE
I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that
I served a true and correct copy of the foregoing Praecipe to Discontinue, Settle and End on this date
by depositing a copy of the same in the possession of the United States mail, first-class, postage
prepaid, addressed as follows:
James D. Flower, Jr., Esquire
Saidis, Flower & Lindsay
26 W. High Street
Carlisle, PA 17013
Bruce D. Lombardo, Esquire
Powell, Trachtman, Logan, Carrie & Lombardo
475 Allendale Road
King of Prussia, PA 19406
Dated: (jzl(a;
By S~R
Evan C. Pappas .
P.O. Box 88
Harrisburg, P A 17108
(717)763-1121
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G;
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-01190 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LOBAR INC
VS
CARLISLE AREA SCHOOL DIST ET A
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
FOREMAN PROGRAM AND
CONSTRUCTION MANAGERS INC
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of BUTLER
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
<>
.....
,
On March
20th , 2006 , this office was in receipt of the
...0
c:t
attached return from BUTLER
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Butler County
6.00
9.00
10.00
50.46
.00
75.46
03/20/2006
SHUMAKER WILLIAMS
soans~~
;'Tho~a-~/~~ine~ c:::......
Sheriff of Cumberland County
Sworn and subscribed to before me
this
1'7'::. day of ~
J&ol, A.D.
Prothonotary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-01190 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LOBAR INC
VS
CARLISLE AREA SCHOOL DIST ET A
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
FOREMAN ARCHITECTS-ENGINEERS INC
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of BUTLER
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On March
20th , 2006 , this office was in receipt of the
attached return from BUTLER
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
03/20/2006
SHUMAKER WILLIAMS
So answ ~.
--:2~./.
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~:;;ic:-c~==~/
R. Thomas Kli
Sheriff of Cumberland County
Sworn and subscribed to before me
this
1'7'!:: day of n.,"'y
21r1J L. A.D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01190 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LOBAR INC
VS
CARLISLE AREA SCHOOL DIST ET A
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CARLISLE AREA SCHOOL DISTRICT
the
DEFENDANT
, at 1320:00 HOURS, on the 8th day of March
2006
at 623 WEST PENN STREET
CARLISLE, PA 17013
by handing to
CRAIG WILLIAMS
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
18.00
4.40
5.39
10.00
.00
37.79
So Answers:
~~=~<~
R. Thomas Kline
03/20/2006
SHUMAKER WILLIAMS
me this /7 ~
day of
BY:~".} ~k
Deputy Sheriff
Sworn and Subscribed to before
~
.2 /Wl..
A.D.
Prothonotary
In" The Court of Common Pleas of Cumberland County, Pennsylvania
Lobar Inc
w. \
Carlisle Area School District et al
SERVE: Foranan Progran and Construction
Managers. Inc.
No. 06-1190 civil
}Jovv, March 8, 2006
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Rl1't.l,:aT
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
" r~.",~~
Sberiff of Cumberland County, PA
Affidavit of Service
}Jovv,
,20-, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made mown to
the contents thereof.
So aDsvvers,
Sheriff of
County, PA
Svvom and subscribed before
me this _ day of
,
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
,20_
$
.
'!Count!' of :WutIer, ~enn5!,Ibania
Office of County Sheriff
Dennis C. Rickard, Sheriff
41
\ ;
"
Douglas R. Hays, Chicf Dcputy
Thomas W. King, lIl, Solicitor
~
. \"'- .,
fO~
~''''''
. .
"....~ .' ~J.
Sheriff File Number - 06000617
Court Docket #: 2006-1190 CMB
County of Butler County, Commonwealth of Pennsylvania
LOBAR, INC
Affidavit of Service
vs.
COMPLAINT IN CIVIL AcrION - NOTICE TO
DEFEND, COUNTS & VERIFICATION
CARLISLE AREA SCHOOL DISTRICT AND
FOREMAN PROGRAM AND CONSTRUCTION
MANAGERS INC AND FOREMAN ARCHITECTS-
ENGINEERS, INC
. hereby CERTIFY and RETURN that on 3/14/2006 at 3: 15PM at 525 W NEW CASTLE STREET PO BOX 189
ZELIENOPLE, PA 16063 the within COMPLAINT IN CIVIL AcrION - NOTICE TO DEFEND, COUNTS &
VERIFICATION, was served on FOREMAN PROGRAM AND CONSTRUcrION MANAGERS INC, the
defendant named therein, in the following manner:
ALTERNATE PERSON
By delivering to and leaving with DA VB FOREMAN the CO-OWNER to the defendant a true copy thereof, a
person over the age of eighteen. Said address was the PLACE OF BEING of the defendant.
Fccs Rcceived from Attorney: MILEAGE ($12,46), NOTARY ($4,00), SERVICE ($15JJO), WRIT ($9,00), COPIES ($10,00) Total Charges $50A6
Attorney Name: CUMBERLAND COUNTY SHERIFF. ONE COURTHOUSE
Affirmed & Subscribed to before
Me March 15,2006
JI~;Jr, ~4~
.
Notary Public
My commission expires: PR011tONOTARY OFFICIAl 1TllE
~.~r' ,T _I b.1~. "-1111II'''__
~ci)(~J
Sheriff, Bu er County, Pennsylvania
.
@SoftCodt., lilt:. PA""Hutlt'f,POS",AJ,TER\;ATLdo1SheritT's Office
Courthouse. P.O. Box 1208 . Butler, PA 16003-1208
Fax: (724) 284- 5248 . Telephone (724) 284-5245 . TDD (724) 284-5473
In The Court of Common Pleas of Cumberland County, Pennsylvania
Lobar Inc
VS. \
SERVE:
Carlisle Area School District et al
Foranan Architects-Engineers Inc
No.
06-1190 civil
Now, March 8, 2006
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
BllrlPT
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
- r~~~~
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of
,
COSTS
SERVICE
Mll-EAGE
AFFIDAVIT
$
,20_
$
([ount!, of ~ut1er, ~enn5!,Ibania
Douglas R. Hays, Chief Deputy
Thomas W. King, III, Solicitor
~
.. ..,\".." ,.
/lOti
~\,,"
..,
. ,
........ .' ~J'
4f
.\ .
,
Office of County Sheriff
Dennis C. Rickard, Sheriff
Sheriff File Number - 06000617
Court Docket #: 2006-1190 CMB
County of Butler County, Commonwealth of Pennsylvania
LOBAR, INC
Affidavit of Service
vs.
COMPLAlNT IN CIVIL ACTION - NOTICE TO
DEFEND, COUNTS & VERIFICATION
CARLISLE AREA SCHOOL DISTRICT AND
FOREMAN PROGRAM AND CONSTRUCTION
MANAGERS INC AND FOREMAN ARCHITECTS-
ENGINEERS, INC
. hereby CERTIFY and RETURN that on 3/14/2006 at 3:15PM at 525 W NEW CASTLE STREET PO BOX 189
ZELIENOPLE, PA 16063 the within COMPLAlNT IN CIVIL ACTION - NOTICE TO DEFEND, COUNTS &
VERIFICATION, was served on FOREMAN ARCIDTEcrS AND ENGINEERS, INC, the defendant named therein,
in the folIowing manner:
ALTERNATE PERSON
By delivering to and leaving with DAVE FOREMAN the CO-OWNER to the defendant a true copy thereof, a
person over the age of eighteen. Said address was the PLACE OF BEING of the defendant.
Fees Received from Attorney: MILEAGE ($12.46), NOTARY ($4.00), SERVICE ($15.00). WRIT ($9.00). COPIES ($10.00) Total Charges $50.46
Attorney Name: CUMBERLAND COUNTY SHERIFF, ONE COURTHOUSE S
Affirmed & Subscribed to before
Me March 1 S. 2006
~A./~
Notary Public
.. . f"ROllIONOTARY OFFICIAL TfTLE
My commISSIon explres~"I. ____._.-
~u~
Sheriff, Butler County, Pennsylvania
.
(OSuftCodt', Inc. ~ PA,_,nutit'r",POS"ALTER"\A,TE.dotSheriff's Office
Courthouse. P.O. Box 1208 . Butler, PA 16003-1208
Fax: (724) 284- 5248 . Telephone (724) 284-5245 . TDD (724) 284-5473