HomeMy WebLinkAboutContract - Halvorson RECEIVED '
CAG-02-177
E KENT HALVORSON INC 1997 Edition - Electronic F�!nat
MAY 14 2003
AIA Document A111 - 1997
Standard Form of Agreement Between Owner and Contractor 4
whet e the basis for payment is the COST OF THE WORK PL USA FEE
. R-P-iee
AN ESTIMATED ENGINEER'S COST TO FINISH THE WORK
THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES.CONSULTATION WITHAN
ATTORNEY IS ENCOURAGED WITH RESPECT
AGREEMENT made as of the z day of in the year 2003 TO ITS COMPLETION OR MODIFICATION.
(In words,indicate day,month and year) AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
BE TW E E N the Owner: DOCUMENT MAYBE MADE BY USING AIA
(Name,address and other information) DOCUMENT=I.
City Of Renton This document is not intended for use in
1055 South Grady Wax competitive bidding.
Renton. WA 98055
AIA Document A201-1997,General
and the Contractor. Conditions of the Contract for
(Name,address and other information) Construction,is adopted in this document
E. Kent Halvorson. Inc. by reference.Do not use with other
9840 Willows Road NE, Suite 200 general conditions unless this document is
Redmond. WA 98052 modified.
425-885-1983 This document has been approved and
The Project is:
endorsed by The Associated General
(Name and location) Contractors of America.
Fire Station No. 12
1209 Kirkland Avenue NE
Renton, WA
The Architect is:
(Name,address and other information)
Rice Fergus Miller Architecture and Planning LLC
262 Fourth Street
Bremerton, WA 98337
360-377-8773
360-792-1385
The Owner and Contractor agree as follows.
Completion of Construction of Fire Station No. 12
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications
issued after execution of this Agreement;these form the Contract,and are as fully a part of the +'
Contract as if attached to this Agreement or repeated herein.The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract
Documents, other than Modifications, appears in Article 15. If anything in the other Contract 01997 AIA®
Documents is inconsistent with this Agreement,this Agreement shall govern. AIA DOCUMENT A111-1997
OWNER-CONTRACTOR AGREEMENT
1920, 1925, 1951, 1961, 1963, 1967, 9 987, 0 1997 by The American Institute ot Arc Itects. The American Institute of Architects
Reproduction of the material herein or substantial quotation of its provisions without written permission of 1735 New York Avenue,N.W.
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. Washington,D.C.20006-5292
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced
in accordance with your license without violation until the date of expiration as noted below.expiration as
noted below. User Document: fs 12 ekh new contract.aia--5/14/2003.AIA License Number 1008538, which
expires on 5/2/2004.
1
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ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others.
ARTICLE 3 RELATIONSHIP OF THE PARTIES
The Contractor accepts the relationship of trust and confidence established by this Agreement
and covenants with the Owner to cooperate with the Architect and exercise the Contractor's
skill and judgment in furthering the interests of the Owner; to famish efficient business
administration and supervision; to furnish at all times an adequate supply of workers and
materials;and to perform the Work in an expeditious and economical manner consistent with
the Owner's interests. The Owner agrees to furnish and approve, in a timely manner,
information required by the Contractor and to make payments to the Contractor in accordance
with the requirements of the Contract Documents. THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEOUENCES.CONSULTATION WITH AN
ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION ATTORNEY IS ENCOURAGED WITH RESPECT
4.1 The date of commencement of the Work shall be the date of this Agreement unless a AUTHENTICATION Of TOITSCOMPLETION TMODIFICATION.
g THIS
different date is stated below or provision is made for the date to be fixed in a notice to proceed ELECTRONICALLY DRAFTED AIA
issued by the Owner. DOCUMENT MAY BE MADE BY USING AIA
(Insert the date ofcommencement,Wit differs from the date ofthis Agreement or Wapplicable,state that the date will DOCUMENT M I.
he fixed in a notice to proceed.)
May 19, 2003 This document is not intended for use in
If,prior to commencement of the Work,the Owner requires time to file mortgages,mechanic's competitive bidding.
liens and other security interests,the Owner's time requirement shall be as follows: AIA Document A201-1997,General
Conditions of the contract for
4.2 The Contract Time shall be measured from the date of commencement. Construction,is adopted in this document
by reference.Do not use with other
4.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 8eneral conditions unless this document is
days from the date of commencement,or as follows: modified.
(Insert number of calendar days Alternatively, a calendar date may be used when coordinated with the date of PP
This document has been approved and
commencement. Unless stated elsewhere in the Contract Documents,insert any requirements for earlier Substantial
Completion ofcertain portions ofthe Work.) endorsed by The Associated General
December 19, 2003 Contractors of America.
,subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions,ifany,forliquidated damages relating to failure to complete on time,or for bonus payments for
early completion ofthe Work.)
ARTICLE 5 BASIS FOR PAYMENT
5.1 CONTRACT SUM
5.1.1 The Owner shall pay the Contractor the Contract Sum in current funds for the
Contractor's performance of the Contract. The Contract Sum is the Cost of the Work as
defined in Article 7 plus the Contractor's Fee.
5.1.2 The Contractor's Fee is:
(State a lump sum,percentage of Cast of the Work or other provision for determining the Contractor's Fee, and
describe the method ofadjustment of the Contractor's Fee for changes in the Work.)
Cost plus basis of 7.7% maximum mark-up including profit. This fee includes all main
office overhead of which was to be charged to the project.
5.1.2.1 Should the Contractor require additional drawings and specifications, they
shall be provided at no cost to the Contractor. T, .:f
�V
1920, 1925, 1951, 1961, 1963, 1967, 1974, 1978, 1987, 0 1997 by The American Institute ot Architects. 01997 AIA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT Alll-1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below.expiration as 1735 New York Avenue,N.W.
noted below. User Document: fs 12 ekh new contract.aia--5/14/2003.AIA License Number 1008538, which Washington,D.C.20006-5292
expires on 5/2/2004.
2
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5.1.2.2 Contractor requests the cooperation of the Owner and the Architect in the
transmittal of project documents submitted to date. Such documents include copies of
subcontracts and supply agreements submittal logs RFI logs inspection reports daily
site reports. pre-lien notices and any other documentation that might other wise assist in
the remobilization of the project.
5.2 GUARAWEED MAXIMUM PRICE ENGINEER'S ESTIMATED COST
5.2.1 The sun-e€4he-Gent:-ef 4he Wer-1E-and-#die Geftt-•�'s-Fee-is-guar-aateed*-the
Geetraeter-eet-te emceed Dellafs- ubje_`to additions a ded ► G G a
($ �,r. �.. .. ""�-aiaa�cnziccivixs-vT-ca&Ffsc-vracr-
as-grevvided-in4he-Gentreet Doeuments. sttfn r-e€effed-te-iff4he Gentree#-
Deeufnents-es•-the Guaranteed Maydmufn-Pr-iee. tests Leh Nveuld eaese 4he Guaranteed-
THIS DOCUMENT HAS IMPORTANT LEGAL
(Insert s cpro' theConttactoristo participate in any savings) CONSEQUENCES.CONSULTATION WITHAN
The engl eees ost estimate. with contingency to complete the work is One Million ATTORNEY 15 ENCOURAGED WITH RESPECT
Nine Hundred Twenty Nine Thousand Three Hundred Twenty Four and Noll 00 TO ITS COMPLETION OR MODIFICATION.
Dollars ($1.929.324.W The Contractor's fee is based on this estimate The AUTHENTICATION OF THIS
Contractor guarantees that the cost of work will not exceed the engineer's estimate ELECTRONICALLY DRAFTED AIA
Unless so approved by the Owner. DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
5.2.2 The Guar-anteedMmdmlnm-E-Ae ENZ EER'S ESTIMATED COST is based on This document is not intended for use in
the following alternates,if any,which are described in the Contract Documents and are hereby competitive bidding.
accepted by the Owner.
(State the numbers or otheridentification ofaccepted alternates.l(decisions on other alternates are to be made by the AIA Document A201-1997,General
Owner subsequent to the execution ofthis Agreement,attach a schedule ofsuch other alternates showing the amount Conditions of the Contract for
for each and the date when the amount expires.) Construction,is adopted in this document
by reference.Do not use with other
5.2.3 Unit prices,if any,are as follows: 8modifieed editions unless this document is
This document has been approved and
5.2.4 Allowances,if any,are as follows: endorsed by The Associated General
(Identify and state the amounts ofany allowances,and state whether theyinclude labor,materials,or both.) Contractors of America.
5.2.5 Assum tions,if ,on which the E��fgiNE
any,Y ER'S
ESTIMATED COSTis based are as follows:
5.2.6 To the extent that the Drawings and Specifications are anticipated to require further
development by the Architect,the Contractor has provided in the
ENGINEER'S ESTIMATED COST for such further development consistent with the
Contract Documents and reasonably inferable therefrom. Such further development does not
include such things as changes in scope, systems, kinds and quality of materials, finishes or
equipment,all of which,if required,shall be incorporated by Change Order.
Contractor has not anticipated any costs associated with re-work of any existing
portion of the project. Additionally, any cost associated with the replacement of a
subcontractor or material supplier due to inability to comply with any of the following:
schedule durations, sub tier payment requirements labor and industries compliance
contractors registration compliance insurance compliance failure to pay prevailing_
wages The costs associated with acquiring a new subcontractor or vendor, or other
performance related issues shall not be the responsibility of the Contractor nor shall
they be considered including in the Engineers Estimated of Costs
1920, 1925, 1951, 1961, 1963, 1967, 1987, 0 1997 by The American Institute of Architects. 01997 AIA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT Alll-1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below.expiration as 1735 New York Avenue,N.W.
noted below. User Document: fs 12 ekh new contract.aia --5/14/2003.AIA License Number 1008538, which Washington,D.C.20006-5292
expires on 5/2/2004.
3
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ARTICLE 6 CHANGES IN THE WORK
6.1 Adjustments to the Guamme E REE R'S ESTIMATED COST on
account of changes in the Work may be determined by any of the methods listed in
Subparagraph 7.3.3 of AIA Document Ami-1997.
6.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior
consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Clause 7.3.3.3 of
AIA Document A2oi-1997 and the terms "costs" and "a reasonable allowance for overhead and
profit" as used in Subparagraph 7.3.6 of AIA Document Ami-2997 shall have the meanings
assigned to them in AIA Document A2oi-1997 and shall not be modified by Articles 5,7 and 8 of
this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the
basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES.CONSULTATION WITH AN
6.3 In calculating adjustments to the 6ae#eed NGINEER'S E ATTORNEY IS ENCOURAGED WITH RESPECT
ESTIMATED COST,the terms "cost" and "costs" as used in the above-referenced provisions TO ITS COMPLETION OR MODIFICATION.
of AIA Document A2oi-1997 shall mean the Cost of the Work as defined in Article 7 of this AUTHENTICATION OF THIS
Agreement and the terms"fee"and"a reasonable allowance for overhead and profit"shall mean ELECTRONICALLY DRAFTED AIA
the Contractor's Fee as defined in Subparagraph 5.1.2 of this Agreement. DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
6.4 If no specific provision is made in Paragraph 5.1 for adjustment of the Contractors Fee in This document is not intended for use in
the case of changes in the Work,or if the extent of such changes is such,in the aggregate,that competitive bidding.
application of the adjustment provisions of Paragraph 5.1 will cause substantial inequity to the
Owner or Contractor, the Contractor's Fee shall be equitably adjusted on the basis of the Fee AIA Document A201-1997,General
established for the original Work, and the Geed -ENGINEER' Conditions of the Contract for
ESTIMATED COST shall be adjusted accordingly. Construction,is adopted in this document
by reference.Do not use with other
ARTICLE 7 COSTS TO BE REIMBURSED general conditions unless this document is
modified.
7.1 COST OF THE WORK
The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the This document has been approved and
proper performance of the Work.Such costs shall be at rates not higher than the standard paid endorsed by The Associated General
at the place of the Project except with prior consent of the Owner.The Cost of the Work shall Contractors of America.
include only the items set forth in this Article 7.
7.2 LABOR COSTS
7.2.1 Wages of construction workers directly employed by the Contractor to perform the
construction of the Work at the site or,with the Owner's approval,at off-site workshops.
7.2.2 Wages or salaries of the Contractor's supervisory and administrative personnel when
stationed at the site with the Owner's approval.
(Ifit is intended that the wages orsalades ofcertaia personnel stationed at the Contractor's principal or other offices
shall be included in the Cost ofthe Work,identifyin Artide i4 the personnel to be included and whether for all or only
part oftheir time,and the rates at which their time 1411 be charged to the Work.)
7.2.3 *Aces -an salaries -ef 4ke ms r-'s e> -ate del-
of mat:eeiak-ff equipment wed-fef 4ke Werk,-I-w&t-"Ay-fff 4a#-petlien-ef 4ime-
e
7.2.4 Costs paid or incurred by the Contractor for taxes, insurance, contributions,
assessments and benefits required by law or collective bargaining agreements and,for personnel
not covered by such agreements, customary benefits such as sick leave, medical and health
benefits,holidays,vacations and pensions,provided such costs are based on wages and salaries .,
included in the Cost of the Work under Subparagraphs 7.2.1 through 7.2.3. , . E
1920, 9 1963, 1967, 1974, 1978, 1987, 0 1997 by The American Institute ot Architects. 01997 AIA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT A111.1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below.expiration as 1735 New York Avenue,N.W.
noted below. User Document: fs 12 ekh new contract.aia-- 5/14/2003.AIA License Number 1008538, which Washington, D.C.20006-5292
expires on 5/2/2004.
4
7.3 SUBCONTRACT COSTS
7.3.1 Payments made by the Contractor to Subcontractors in accordance with the
requirements of the subcontracts.
7.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED
CONSTRUCTION
7.4.1 Costs,including transportation and storage,of materials and equipment incorporated
or to be incorporated in the completed construction.
7.4.2 Costs of materials described in the preceding Subparagraph 7.4.1 in excess of those
actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any,
shall become the Owner's property at the completion of the Work or, at the Owner's option,
shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the THIS DOCUMENT HAS IMPORTANT LEGAL
Owner as a deduction from the Cost of the Work. CONSEQUENCES.CONSULTATION WITHAN
ATTORNEY IS ENCOURAGED WITH RESPECT
7.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES TO ITS COMPLETION OR MODIFICATION.
AND RELATED ITEMS AUTHENTICATION OF THIS
disman ELECTRONICALLY DRAFTED AIA
tling
7.5.1 Costs, including transportation and storage, installation, maintenance, DOCUMENT MAYBE MADE BY USING AIA
and removal of materials,supplies,temporary facilities,machinery,equipment,and hand tools DOCUMENT D401.
not customarily owned by construction workers,that are provided by the Contractor at the site
and fully consumed in the performance of the Work;and cost(less salvage value)of such items This document is not intended for use in
if not fully consumed, whether sold to others or retained by the Contractor. Cost for items competitive bidding.
previously used by the Contractor shall mean fair market value.
AIA Document A201-1997,General
7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not Conditions of the contract for
customarily owned by construction workers that are provided by the Contractor at the site, Construction,is adopted in this document
whether rented from the Contractor or others,and costs of transportation,installation,minor by reference.Do not use with other
repairs and replacements,dismantling and removal thereof.Rates and quantities of equipment general conditions unless this document is
rented shall be subject to the Owner's prior approval. modified.
7.5.3 Costs of removal of debris from the site. This document has been approved and endorsed by The Associated General
Contractors of America.
7.5.4 Costs of document reproductions, facsimile transmissions and long-distance
telephone calls,postage and parcel delivery charges,telephone service at the site and reasonable
petty cash expenses of the site office.
7.5.5 That portion of the reasonable expenses of the Contractor's personnel incurred while
traveling in discharge of duties connected with the Work.
7.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable
location,if approved in advance by the Owner.
7.6 MISCELLANEOUS COSTS
7.6.1 That portion of insurance and bond premiums that can be directly attributed to this
Contract:
7.6.2 Sales,use or similar taxes imposed by a governmental authority that are related to the
Work.
7.62.1 Business taxes and insurance such as General Liability and Labor and MW
Industries shall be charged to the project at the Contractors current rates.
7.6.3 Fees and assessments for the building permit and for other permits, licenses and
inspections for which the Contractor is required by the Contract Documents to pay.
0 1920, 1925, 1951, 9 , 1978, 1987, 0 1997 by The American Institute ot Architects. Ot997 AJA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT A111-1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below.expiration as 1735 New York Avenue, N.W.
noted below. User Document:fs 12 ekh new contract.aia—5/14/2003.AIA License Number 1008538, which Washington,D.C.20006-5292
expires on 5/2/2004.
5
(0� 4
7.6.4 Fees of laboratories for tests required by the Contract Documents, except those
related to defective or nonconforming Work for which reimbursement is excluded by
Subparagraph 13.5.3 of AIA Document A2oi-1997 or other provisions of the Contract
Documents,and which do not fall within the scope of Subparagraph 7.7.3.
7.6.5 Royalties and license fees paid for the use of a particular design, process or product
required by the Contract Documents;the cost of defending suits or claims for infringement of
patent rights arising from such requirement of the Contract Documents; and payments made
( accordance with legal judgments against the Contractor resulting from such suits or claims
and payments of settlements made with the Owner's consent. However, such costs of legal
fenses,judgments and settlements shall not be included in the calculation of the Contractor's
e or subject to th ENGINEER'S ESTIMATED COST.If such yalties, fees and costs are excluded by the last sentence of Subparagraph 3.17.1 of AIA THIS DOCUMENT HAS IMPORTANT LEGAL
Document A2oi-1997 or other provisions of the Contract Documents, then they shall not be CONSEQUENCES.
CONSULTATION WITH AN
T7.6.6 cluded in the Cost of the Work. ATTORNEY 15 ENCOURAGED WITH RESPECT
TO ITS COMPLETION OR MODIFICATION.
AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
7.6.7 Deposits lost for causes other than the Contractor's negligence or failure to fulfill a DOCUMENT D401.
specific responsibility to the Owner as set forth in the Contract Documents.
This document is not intended for use in
7.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those competitive bidding.
arising from disputes between the Owner and Contractor, reasonably incurred by the AIA Document A201-1997,General
Contractor in the performance of the Work and with the Owner's prior written approval;which Conditions of the Contract for
approval shall not be unreasonably withheld. Construction,is adopted in this document
by reference.Do not use with other
7.6.9 Expenses incurred in accordance with the Contractors standard personnel policy for general conditions unless this document is
relocation and temporary living allowances of personnel required for the Work,if approved by modified.
the Owner.
This document has been approved and
7.7 OTHER COSTS AND EMERGENCIES endorsed by The Associated General
7.7.1 Other costs incurred in the performance of the Work if and to the extent approved in Contractors of America.
advance in writing by the Owner.
7.7.2 Costs due to emergencies incurred in taking action to prevent threatened damage,
injury or loss in case of an emergency affecting the safety of persons and property,as provided
in Paragraph 1o.6 of AIA Document A2o1-1997.
7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the
Contractor,Subcontractors or suppliers,provided that such damaged or nonconforming Work
was not caused by negligence or failure to fulfill a specific responsibility of the Contractor and
only to the extent that the cost of repair or correction is not recoverable by the Contractor from
insurance,sureties,Subcontractors or suppliers.
7.7.3.1 Contractor provides no warranty or guarantee for work. Warranty and
guarantees for work shall be provided to the Owner by the Subcontractors for the
specified scope and warranty period. Any warranty work requested of the Contractor
shall be reimbursed on a time and materials basis. _
7.7.3.2 Contractor shall have no involvement in disputes between the Owner, the
previous Contractor and their subcontracts. Suppliers. Sureties or Insurance
Companies as it relates to payments, retentions, claims, or suits on the Renton Fire
Station No. 12 for work completed by previous Contractor. —; r•;,r
1920, MIIIIIIIIII
1951, 1974, 1978, 1987, ® 1997 by The American Insfitute ot Architects. Ot997 AIA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT A111-1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below.expiration as 1735 New York Avenue,N.W.
noted below. User Document:fs 12 ekh new contract.aia--5/14/2003.AIA License Number 1008538, which Washington,D.C.20006-5292
expires on 5/2/2004.
6
ARTICLE 8 COSTS NOT TO BE REIMBURSED
8.1 The Cost of the Work shall not include:
8.1.1 Salaries and other compensation of the Contractor's personnel stationed at the
Contractor's principal office or offices other than the site office,except as specifically provided
in Subparagraphs 7.2.2 and 7.2.3 or as may be provided in Article 14.
8.1.2 Expenses of the Contractor's principal office and offices other than the site office.
8.1.3 Overhead and general expenses,except as may be expressly included in Article 7.
8.1.4 The Contractor's capital expenses, including interest on the Contractor's capital THIS DOCUMENT HAS IMPORTANT LEGAL
employed for the Work. CONSEOUENCES.CONSULTATION WITH AN
ATTORNEY 1S ENCOURAGED WITH RESPECT
8.1.5 Rental costs of machinery and equipment, except as specifically provided in TO ITS COMPLETION OR MODIFICATION.
Subparagraph 7.5.2. AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
8.1.6 Except as provided in Subparagraph 7.7.3 of this Agreement, costs due to the DOCUMENT MAY BE MADE BY USING AIA
negligence or failure to fulfill a specific responsibility of the Contractor, Subcontractors and DOCUMENT D401.
suppliers or anyone directly or indirectly employed by any of them or for whose acts any of This document is not intended for use in
them may be liable. competitive bidding.
8.1.7 Any cost not specifically and expressly described in Article 7. AIA Document A201-1997,General
Conditions of the Contract for
8.1.8 Costs, other than costs included in Change Orders approved by the Owner, that Construction,is adopted in this document
would cause the Maycknum-Priee ENGINEER'S ESTIMATED COSTto be by reference.Do not use with other
general conditions unless this document is
exceeded. modified.
ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS This document has been approved and
9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if endorsed by The Associated General
(i) before making the payment, the Contractor included them in an Application for Payment Contractors of America.
and received payment therefor from the Owner,or(2)the Owner has deposited funds with the
Contractor with which to make payments; otherwise, cash discounts shall accrue to the
Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus
materials and equipment shall accrue to the Owner,and the Contractor shall make provisions
so that they can be secured.
9.2 Amounts that accrue to the Owner in accordance with the provisions of Paragraph ga
shall be credited to the Owner as a deduction from the Cost of the Work.
ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS
10.1 Those portions of the Work that the Contractor does not customarily perform with
the Contractor's own personnel shall be performed under subcontracts or by other appropriate
agreements with the Contractor. The Owner may designate specific persons or entities from
whom the Contractor shall obtain bids.The Contractor shall obtain bids from Subcontractors
and from suppliers of materials or equipment fabricated especially for the Work and shall
deliver such bids to the Architect. The Owner shall then determine, with the advice of the
Contractor and the Architect,which bids will be accepted.The Contractor shall not be required
to contract with anyone to whom the Contractor has reasonable objection.
10.1.1 Contractor shall review all existing subcontracts and purchase agreements
known to be executed Should Contractor determine that an existing Subcontractor. �.
1920, 1921963,5, 1951, 1974, 1978, 1987, ® 1997 by The American Institute ot Architects-
rc itects 01997 AIA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT Alll-1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below.expiration as 1735 New York Avenue,N.W.
noted below. User Document: fs 12 ekh new contract.aia--5/14/2003.AIA License Number 1008538,which Washington,D.C.20006-5292
expires on 5/212004.
7
(00 4
Supplier or agreement is inadequate for any reason Contractor shall bring this to the
Owner's attention for review and recommendation.
10 1.2 If a change in a subcontractor or supplier be required and agreed toper
10.1.1. a change order shall be issued for the appropriate cost and schedule adjustment.
10.2 If a specific bidder among those whose bids are delivered by the Contractor to the
Architect (i) is recommended to the Owner by the Contractor, (2) is qualified to perform that
portion of the Work; and (3) has submitted a bid that conforms to the requirements of the
ntract Documents without reservations or exceptions,but the Owner requires that another
id be accepted,then the Contractor may require that a Change Order be issued to adjust the
G-Ar-enteed-Ma)dmuFn-P+iee INEER'S ESTIMATED COST by the difference between
the bid of the person or entity recommended to the Owner by the Contractor and the amount THIS DOCUMENT HAS IMPORTANT LEGAL
of the subcontract or other agreement actually signed with the person or entity designated by CONSEQUENCES.CONSULTATIONWITHAN
the Owner. ATTORNEY IS ENCOURAGED WITH RESPECT
TO ITS COMPLETION OR MODIFICATION.
10.3 Subcontracts or other agreements shall conform to the applicable payment provisions AUTHENTICATION OF THIS
of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior ELECTRONICALLY DRAFTED AIA
consent of the Owner. DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
ARTICLE 11 ACCOUNTING RECORDS
The Contractor shall keep full and detailed accounts and exercise such controls as may be This document is not intended for use in
necessary for proper financial management under this Contract, and the accounting and competitive bidding.
control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants AIA Document A201-1997,General
shall be afforded access to,and shall be permitted to audit and copy,the Contractor's records, Conditions of the Contract for
books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, Construction,is adopted in this document
vouchers, memoranda and other data relating to this Contract, and the Contractor shall by reference.Do not use with other
preserve these for a period of three years after final payment, or for such longer period as may general conditions unless this document is
be required by law. modified.
ARTICLE 12 PAYMENTS This document has been approved and
12.1 PROGRESS PAYMENTS endorsed by The Associated General
12.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor Contractors of America.
and Certificates for Payment issued by the Architect,the Owner shall make progress payments
on account of the Contract Sum to the Contractor as provided below and elsewhere in the
Contract Documents.
12.1.2 The period covered by each Application for Payment shall be one calendar month
ending on the last day of the month,or as follows:
12.1.3 Provided that an Application for Payment is received by the Architect not later than
the1Mh day of a month,the Owner shall make payment to the Contractor not later than the
day of the said month. If an Application for Payment is received by the Architect after
the application date fixed above,payment shall be made by the Owner not later than30 days
after the Architect receives the Application for Payment.
12.1.4 With each Application for Payment,the Contractor shall submit payrolls, petty cash
accounts, receipted invoices or invoices with check vouchers attached,and any other evidence
required by the Owner or Architect to demonstrate that cash disbursements already made by
the Contractor on account of the Cost of the Work equal or exceed (1) progress payments
already received by the Contractor, less (2) that portion of those payments attributable to the
Contractors Fee; plus (3) payrolls for the period covered by the present Application for
Payment. �.,
0 1920, ■rl
1925, 1951, 1961, 1963, 9 9 1978, 1987, ® 1997 by The American Institute ot Architects. 01997 AIA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT A111-1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below.expiration as 1735 New York Avenue, N.W.
noted below. User Document: fs 12 ekh new contract.aia--5/14/2003.AIA License Number 1008538,which Washington,D.C.20006-5292
expires on 5/2/2004.
8
2.1.5 Each Application for Payment shall be based on the most recent schedule of values
ubmitted by the Contractor in accordance with the Contract Documents. The schedule of
values shall allocate the entire Guar-enteed-lam-Pr-ieeENGINEER'S ESTIMATED
COST among the various portions of the Work, except that the Contractor's Fee shall be
shown as a single separate item.The schedule of values shall be prepared in such form and
supported by such data to substantiate its accuracy as the Architect may require.This schedule,
unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
12.1.5,1 Contractor can not verify that previously submitted schedules of value are
accurate and that the stated previous payment distribution information and lien releases
from Subcontractors and Supplies and consider them to be accurate. Any disputes or
costs arising from inaccurate information provided to the Contractor on previous THIS DOCUMENT HAS IMPORTANT LEGAL
Subcontractor payments. sub-tier Subcontractor payments and Suppliers payments. shall CONSEQUENCES.CONSULTATION WITHAN
not be the responsibility of the Contractor. ATTORNEY IS ENCOURAGED WITH RESPECT
TO ITS COMPLETION OR MODIFICATION.
12.1.6 Applications for Payment shall show the percentage of completion of each portion of AUTHENTICATION OF THIS
the Work as of the end of the period covered by the Application for Payment.The percentage ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
of completion shall be the lesser of(i) the percentage of that portion of the Work which has DOCUMENT D401.
ctually been completed; or (2) the percentage obtained by dividing (a) the expense that has
ctually been incurred by the Contractor on account of that portion of the Work for which the This document is not intended for use in
Contractor has made or intends to make actual payment prior to the next Application for competitive bidding.
Payment by (b) the share of the Guaranteed Meadmufn-P6eeENGINEER'S ESTIMATED
COST allocated to that portion of the Work in the schedule of values. AIA Document A201-1997,General
Conditions of the Contract for
12.1.7 Subject to other provisions of the Contract Documents,the amount of each progress Construction,D adopted in this document
1 P P g by reference.Do not use with other
payment shall be computed as follows: general conditions unless this document is
modified.
1 take that portion of the Guar-anteed Maydmum-Pr-iceENGINEERS ESTIMATED
COST properly allocable to completed Work as determined by multiplying the This document has been approved and
endorsed by The Associated General
percentage of completion of each portion of the Work by the share of the Guaranteed-
Contractors of America.
MaximumP- ESTIMATED COST allocated to that portion of the
Work in the schedule of values. Pending final determination of cost to the Owner of
changes in the Work, amounts not in dispute shall be included as provided in
Subparagraph 7.3.8 of AIA Document A2oi-1997;
2 add that portion of the Guaraatee4 Ma)dfnum-PFkeENGINEER'S ESTIMATE
COST properly allocable to materials and equipment delivered and suitably stored at
the site for subsequent incorporation in the Work, or if approved in advance by the
Owner,suitably stored off the site at a location agreed upon in writing;
.3 add the Contractor's Fee, less retainage of Five percent ( 5 %).The Contractor's Fee
shall be computed upon the Cost of the Work described in the two preceding Clauses
at the rate stated in Subparagraph 5.1.2 or,if the Contractor's Fee is stated as a fixed
sum in that Subparagraph,shall be an amount that bears the same ratio to that fixed-
sum fee as the Cost of the Work in the two preceding Clauses bears to a reasonable
estimate of the probable Cost of the Work upon its completion;
.4 subtract the aggregate of previous payments made by the Owner, MM
.5 subtract the shortfall, if any, indicated by the Contractor in the documentation
required by Paragraph 12.1.4 to substantiate prior Applications for Payment, or
1920, 1925, 1951, 1961, 1963, 1967, 1974, 1978, 1987, (D 1997 by The American Institute ot Architects. 01997 AIA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT A111-1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below.expiration as 1735 New York Avenue,N.W.
noted below. User Document: fs 12 ekh new contract.aia—5114/2003.AIA license Number 1008538, which Washington,D.C.20006-5292
expires on 5/2/2004.
9
resulting from errors subsequently discovered by the Owner's accountants in such
documentation;and
.6 subtract amounts,if any,for which the Architect has withheld or nullified a Certificate
for Payment as provided in Paragraph 9.5 of AIA Document A2oi-1997.
12.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject
to retainage of not less than Five percent ( 5 %). The Owner and the Contractor shall agree
upon a mutually acceptable procedure for review and approval of payments and retention for
Subcontractors.
12.1.9 In taking action on the Contractor's Applications for Payment,the Architect shall be
entitled to rely on the accuracy and completeness of the information furnished by the THIS DOCUMENT HAS IMPORTANT LEGAL
Contractor and shall not be deemed to represent that the Architect has made a detailed CONSEQUENCES.CONSULTATION WITHAN
examination, audit or arithmetic verification of the documentation submitted in accordance ATTORNEY 15 ENCOURAGED WITH RESPECT
with Subparagraph 12.1.4 or other supporting data; that the Architect has made exhaustive or TO ITS COMPLETION OR MODIFICATION.
continuous on-site inspections or that the Architect has made examinations to ascertain how or AUTHENTICATION OF THIS
for what purposes the Contractor has used amounts previously paid on account of the ELECTRONICALLY DRAFTED AIA
Contract. Such examinations, audits and verifications, if required by the Owner, will be DOCUMENT MAY BE MADE BY USING AIA
performed by the Owner's accountants acting in the sole interest of the Owner. DOCUMENT M1.
12.2 FINAL PAYMENT This document is not intended for use in
12.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be competitive bidding.
made by the Owner to the Contractor when: AIA Document A201-1997,General
Conditions of the Contract for
1 the Contractor has fully performed the Contract except for the Contractor's Construction,is adopted in this document
responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA by reference.Do not use with other
Document A2oi-1997, and to satisfy other requirements, if any, which extend general conditions unless this document is
beyond final payment;and modified.
.2 a final Certificate for Payment has been issued by the Architect. This document has been approved and
endorsed by The Associated General
12.2.2 The Owners final payment to the Contractor shall be made no later thane days Contractors of America.
after the issuance of the Architect's final Certificate for Payment,or as follows:
Si2n (60)days after the project completion per RCW and Project Manual and release
f to iens.
12.2.3 The Owners accountants will review and report in writing on the Contractor's final
accounting within 3o days after delivery of the final accounting to the Architect by the
Contractor. Based upon such Cost of the Work as the Owner's accountants report to be
substantiated by the Contractor's final accounting, and provided the other conditions of
Subparagraph 12.2.1 have been met, the Architect will, within seven days after receipt of the
written report of the Owner's accountants, either issue to the Owner a final Certificate for
Payment with a copy to the Contractor,or notify the Contractor and Owner in writing of the
Architect's reasons for withholding a certificate as provided in Subparagraph 9.5.1 of the AIA
Document A2o1-1997.The time periods stated in this Subparagraph 12.2.3 supersede those stated
in Subparagraph 9.4.1 of the AIA Document A2oi-1997.
12.2.4 If the Owners accountants report the Cost of the Work as substantiated by the
Contractor's final accounting to be less than claimed by the Contractor,the Contractor shall be
entitled to demand arbitration of the disputed amount without a further decision of the
Architect.Such demand for arbitration shall be made by the Contractor within 3o days after the
Contractor's receipt of a copy of the Architect's final Certificate for Payment;failure to demand
arbitration within this 3o-day period shall result in the substantiated amount reported by the t ,
Owner's accountants becoming binding on the Contractor. Pending a final resolution by
® 1920, 1925, 1951, 1961, 1963, 1967, 1974, 1978, 1987, ® 1997 by The American Institute ot Architects. 01997 AIA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT AlII-1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below.expiration as 1735 New York Avenue,N.W.
noted below. User Document:fs 12 ekh new contract.aia—5/14/2003.AIA License Number 1008538,which Washington,D.C.20006-5292
expires on 5/2/2004.
10
arbitration, the Owner shall pay the Contractor the amount certified in the Architect's final
Certificate for Payment.
12.2.5 If,subsequent to final payment and at the Owner's request,the Contractor incurs costs
cribed in Article 7 and not excluded by Article 8 to correct defective or nonconforming
ork,the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable
thereto on the same basis as if such costs had been incurred prior to final payment,but not in
excess of the -R ieeENGINEER'S ESTIMATED COST. If the
Contractor has participated in savings as provided in Paragraph 5.2,the amount of such savings
shall be recalculated and appropriate credit given to the Owner in determining the net amount
to be paid by the Owner to the Contractor.
ARTICLE 13 TERMINATION OR SUSPENSION
13.1 The Contract may be terminated by the Contractor,or by the Owner for convenience, THIS DOCUMENT HAS IMPORTANT LEGAL
as provided in Article 14 of AIA Document A2oi-1997. However, the amount to be paid to the CONSEQUENCES.CONSULTATION WITHAN
14.1.3 of AIA Document A2o1-1997 shall not exceed the amount ATTORNEY IS ENCOURAGED WITH RESPECT
Contractor under Subparagraph
TO ITS COMPLETION OR MODIFICATION.
the Contractor would be entitled to receive under Paragraph 13.2 below, except that the AUTHENTICATION OF THIS
Contractor's Fee shall be calculated as if the Work had been fully completed by the Contractor, ELECTRONICALLY DRAFTED AIA
including a reasonable estimate of the Cost of the Work for Work not actually completed. DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
13.2 The Contract may be terminated by the Owner for cause as provided in Article 14 of
AIA Document A2o1-1997. The amount, if any, to be paid to the Contractor under This document is not intended for use in
Subparagraph 14.2.4 of AIA Document A2o1-1997 shall not cause the Guar-anteed �4a�dffltjin-competitivebidding.
R6eeENGINEER'S ESTIMATED COST to be exceeded, nor shall it exceed an amount AIA Document A201-1997,General
calculated as follows: Conditions of the Contract for
Construction,is adopted in this document
13.2.1 Take the Cost of the Work incurred by the Contractor to the date of termination; by reference.Do not use with other
general conditions unless this document is
13.2.2 Add the Contractor's Fee computed upon the Cost of the Work to the date of modified.
termination at the rate stated in Subparagraph 5.1.2 or,if the Contractors Fee is stated as a fixed
sum in that Subparagraph, an amount that bears the same ratio to that fixed-sum Fee as the This document has been approved and
Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost endorsed by The Associated General
of the Work upon its completion;and Contractors of America.
13.2.3 Subtract the aggregate of previous payments made by the Owner.
13.3 The Owner shall also pay the Contractor fair compensation, either by purchase or
rental at the election of the Owner,for any equipment owned by the Contractor that the Owner
elects to retain and that is not otherwise included in the Cost of the Work under Subparagraph
13.2.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase
orders (including rental agreements), the Contractor shall, as a condition of receiving the
payments referred to in this Article 13, execute and deliver all such papers and take all such
steps, including the legal assignment of such subcontracts and other contractual rights of the
Contractor,as the Owner may require for the purpose of fully vesting in the Owner the rights
V and benefits of the Contractor under such subcontracts or purchase orders.
.4 The Work may be suspended by the Owner as provided in Article 14 of AIA Document
oi-1997;in such case,the ENGINEER'S ESTIMATED COST
d Contract Time shall be increased as provided in Subparagraph 14.3.2 of AIA Document
A2o1-1997 except that the term "profit" shall be understood to mean the Contractor's Fee as �!
described in Subparagraphs 5.1.2 and Paragraph 6.4 of this Agreement.
ARTICLE 14 MISCELLANEOUS PROVISIONS ,� ,,
T. .-W
1920, 1925, 1951, 11967,961, 1963, 1974, 1978, 1987, ® 1997 by The American Institute ot Arc sects. 01997 AIA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT A111-1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below.expiration as 1735 New York Avenue,N.W.
noted below. User Document: I's 12 ekh new contract.aia--5/14/2003. AIA License Number 1008538, which Washington,D.C.20006-5292
expires on 5/212004.
11
OS/19/03 M:ON, 13:20 FAX 425 430 6603 RENTON COMMUNITY SP
�CS [uJOCZ
14.1 Where reference is made in this Agreement to a provision AIA Document A2oi-1997 or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
14.2 Payments due and unpaid under the Contract shall bear interest from the date
payment is due at the rate stated below,or in the absence thereof, at the legal rate prevailing
from time to time at the place where the Project is located.
(Insert rate ofintemst agreed upon,ifany.)
(Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws
and other regulations at the Owner's and Contractor's principal places of business, the location of the ilrv)ect and
elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or
modifications,and also regarding rnguirements such as written disclosures or waivers,)
THIS DOCUMENT HAS IMPORTANT LEGAL
14.3 The Owners representative is:
CONSEOUENCES.CONSULTATION WITH AN
(Name,address and otherinformation.) ATTORNEY IS ENCOURAGED WITH RESPECT
QenniS Culp TO ITS COMPLETION OR MODIFICATION.
City of Renton AUTHENTICATION OF THIS
1055 South Grady Way ELECTRONICALLY DRAFTED AIA
Renton.WA 88055 DOCUMENT MAY BE MADE BY USING AIA
425.430,66001425.430.6603 fax DOCUMENT D401,
14.4 The Contractor's representative is: This document is not intended for use in
(Name,address and other information.) competitive bidding.
E. Kent Halvorson. Inc.
9840 Willows Road NE. Suite 200 AIA Document A201-1997,Contract f General
Conditions of the Contract for
Redmond,WA 98052 Construction,is adopted in this document
425.885.19831425.861.9814 fax by reference.Do not use with other
general conditions unless this document is
14.5 Neither the Owner's nor the Contractor's representative shall be changed without ten modified.
days'written notice to the other party.
This document has been approved and
14.6 Other provisions: endorsed by The Associated General
Contractor's insurance requirements shall be a specified in Section 00800 of Project Contractors of America.
Manual and Section 00820,
ARTICLE 15 ENUMERATION OF CONTRACT DOCUMENTS
15.1 The Contract Documents, except for Modifications issued after execution of this
Agreement,are enumerated as follows:
15.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement
Between Owner and Contractor,AIA Document Aiu-1997.
15.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract
for Construction,AIA Document A2o1-1997.
15.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated Qctober 21. 2002 Attachment A ,and are as follows:
Document Title Pages
Project Manual Renton Fire Department& Ci!y of Renton Fire Station No, 12 dated
October 21, 2002.
Attachment-A-Supplementary Conditions ,
Attachment B-Contract Inclusion
�5•I;r
01"7 AtA®
1920, 1925, , 1961, 19 , 1978, 7, 9 y The American Institute o Architects. AIA DOCUMENT A111-1997
Reproduction of the material herein or substantial quotation of its provisions without written permission of OWNER-CONTRACTOR AGREEMENT
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal The American Institute of Architects
prosecution.This document was electronically produced with permission of the AIA and can be reproduced 1735 New York Avenue,N.W.
in accordance with your license without violation until the date of expiration as noted below. User Washington, D.C.20006-5292
Document:fs 12 ekh.aia--5/19/2003.AIA License Number 1008538,which expires on 5/19/2004.
12
425430660 => E KENT HALVORSON ,TEL=425 861 9814 05!19'03 13:02
15.1.4 The Specifications are those contained in the Project Manual dated as in
Subparagraph 15.1.3,and are as follows:
(Eitherlist the Specifications here orrefer to an exhibit attached to this Agreement.)
Section Title Pages
Please refer to the above referenced Project Manual. Table of Contents.
15.1.5 The Drawings are as follows,and are dated October 21. 2002 unless a different date
is shown below:
(Eitherlist the Drawings here orrefer to an exhibit attached to this Agreement.)
Number Title Date
Please refer to the attached Exhibit A-Drawing List. THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES.CONSULTATION WITH AN
15.1.6 The Addenda,if any,are as follows: ATTORNEY 15 ENCOURAGED WITH RESPECT
TO ITS COMPLETION OR MODIFICATION.
Number Date Pages AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
One (1) -dated November 4. 2002-63 pages. DOCUMENT MAY BE MADE BY USING AIA
Two(2)-dated November 11. 2002-84+ 1 revised plan sheet. DOCUMENT D401.
Three(3)-dated November 13. 2002- 1 page. This document is not intended for use in
Portions of Addenda relating to bidding requirements are not part of the Contract Documents competitive bidding.
unless the bidding requirements are also enumerated in this Article 15. AIA Document A201-1997,General
Conditions of the Contrail for
15.1.7 Other Documents,if any,forming part of the Contract Documents are as follows: Construction,is adopted in this document
(List here any additional documents, such as a list of altemates that are intended to form part of the Contract by reference.Do not use with other
Documents AIA Document A2ot-t397 provides that bidding requirements such as advertisement or invitation to bid, general conditions unless this document is
Instructions to Bidders, sample forms and the Contractors bid are not part of the Contract Documents unless modified.
enumerated in this Agreement.Theyshould be listed here onlyifintended io be pan ofthe contract Documents.)
This document has been approved and
ARTICLE 16 INSURANCE AND BONDS endorsed by The Associated General
(List required limits of liability for insurance and bonds.AIA Document A2arjw7gives other specific requirements Contractors of America.
for insurance and bonds.)
Contractors insurance requirements shall be as specified in Section 00800 of Project
Manual and Section 00820.
A Performance Bond in the amount of One Million Seven Hundred Thousand and
No/100 Dollars ($1.700.000.00) is required.
This Agreement is entered into as of the day and year first written above and is executed in at least
three original copies,of which one is to be delivered to the Contractor,one to the Architect for use
in the administration of the Contract,and the remainder to the Owner.
OWNE Signature) CONTRA T;YI11111&2`-e ignatu
Mayor lGGIA?� Si4�6�1
(Printed name and title) (Printed name nil title)
ATTEST: &ZA.a-1�4-
Bonnie I. Walton, City Clerk
® 1920, 1925, 1951, 1961, 1963, 1967, 1974, 1978, 1987, ® 1997 by The American Institute ot Architects-
rc itects 01997 AIA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT A111-1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below.expiration as 1735 New York Avenue,N.W.
noted below. User Document: I's 12 ekh new contract.aia--5/14/2003.AIA License Number 1008538, which Washington,D.C.20006-5292
expires on 5/2/2004.
13
THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEOUENCES.CONSULTATION WITH AN
ATTORNEY 15 ENCOURAGED WITH RESPECT
TO ITS COMPLETION OR MODIFICATION.
AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
This document is not intended for use in
competitive bidding.
AIA Document A201-1997,General
Conditions of the Contract for
Construction,is adopted in this document
by reference.Do not use with other
general conditions unless this document is
modified.
This document has been approved and
endorsed by The Associated General
Contractors of America.
r�
9 5, , y 1974, 1987, 0 T9797-by The American Institute ot Architects. 01997 AIA®
Reproduction of the material herein or substantial quotation of its provisions without written permission of AIA DOCUMENT A111-1997
the AIA violates the copyright laws of the United States and will subject he violate to legal prosecution. OWNER-CONTRACTOR AGREEMENT
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal
prosecution.This document was electronically produced with permission of the AIA and can be reproduced The American Institute of Architects
in accordance with your license without violation until the date of expiration as noted below. expiration as 1735 New York Avenue,N.W.
noted below. User Document: fs 12 ekh new contract.aia--5/14/2003.AIA License Number 1008538, which Washington,D.C.20006-5292
expires on 5/2/2004. 14
1997 Edition - Electronic Format
AIA Document A201 - 1997
General Conditions of the Contract for Construction
TABLE OF ARTICLES
1. GENERAL PROVISIONS
2. OWNER THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES.CONSULTATION WITH AN
3. CONTRACTOR ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
4. ADMINISTRATION OF THE CONTRACT MODIFICATION,AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
5. SUBCONTRACTORS DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT MI.
6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS This document has been approved and
endorsed by The Associated General
7. CHANGES IN THE WORK Contractors of America.
8. TIME
9. PAYMENTS AND COMPLETION
10. PROTECTION OF PERSONS AND PROPERTY
11. INSURANCE AND BONDS
12. UNCOVERING AND CORRECTION OF WORK
13. MISCELLANEOUS PROVISIONS
14. TERMINATION OR SUSPENSION OF THE CONTRACT
INDEX 9.5.1,10.2.5,13.4.2,13.7,14.1
Acceptance of Nonconforming Work Addenda
9.6.6,9.93,12.3 1.1.1,3.0
Acceptance of Work Additional Costs,Claims for
9.6.6,9.8.2,9.9.3,9.10.1,9.10.3,12.3 4.3.4,4.3.5,4.3.6,6.1.1,10.3
Access to Work Additional Inspections and Testing
3.16,6.2.1,12.1 9.8.3,12.2.1,13.5 W.
Accident Prevention Additional Time,Claims for ,� ,�''
4.2.3,10 4.3.4,4.3.7,8.3.2
Acts and Omissions ADMINISTRATION OF THE CONTRACT
3.2,3.3.2,3.12.8,3.18,4.2.3,4.3.8,4.4.1,8.3.1, 3-1-3,4,9-4,9-5 01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by e CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: I's 12 A201 genl conditions.aia -- 12/312002. AIA License Number 1008538, which expires on
9/3/2003.
1
Advertisement or Invitation to Bid 9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6,10.3,11.3,
1.1.1 U-4-7,12,13-4.2,13.5
Aesthetic Effect Architect's Relationship with Subcontractors
4.2.13,4.5.1 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4,11.4.7
Allowances Architect's Representations
3.8 9.4.2,9.5.1,9.10.1
All-risk Insurance Architect's Site Visits
11.4.1.1 4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,
Applications for Payment 9.10.1,13.5
4.2.5,7.3.8,9.2,,9-3,9.4,9.5.1,9.6.3,9.7.1,9.8.5, Asbestos
9.10,11.1.3,14.2.4,14.4.3 10.3.1
Approvals Attorneys'Fees
2.4,3.1.3,3.5,3.10.2,3.12,4.2.7,9.3.2,13.4.2, 318.1,9.10.2,10.3.3
13.5 Award of Separate Contracts
Arbitration 6.1.1,6.1.2
4.3.3,4.4,4.5.1,4.5.2,4.6,8.3.1,9.7-1,U-4-9, Award of Subcontracts and Other Contracts for THIS DOCUMENT HAS IMPORTANT LEGAL
11.4.10 Portions of the Work CONSEQUENCES.CONSULTATION WITH AN
Architect 5.2 ATTORNEY IS ENCOURAGED WITH
4.1 Basic Definitions RESPECT TO ITS COMPLETION OR
Architect,Definition of 1,1 MODIFICATION.AUTHENTICATION OF THIS
4.1.1 Bidding Requirements ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
Architect,Extent of Authority 1.1.1,1.1.7,5.2.1,11.5.1 DOCUMENT D401.
2.4,3.12.7,4.2,4.3.6,4.4,5.2,6.3,7.1.2,7.3.6, Boiler and Machinery Insurance
7.4,9.2,9.3.1,9.4,9.5,9.8-3,9.10.1, 9.10.3,12.1, 11.4.2 This document has been approved and
12.2.1,13.5.1,13.5.2,14.2.2,14.2.4 Bonds,Lien endorsed by The Associated General
Architect,Limitations of Authority and 9.10.2 Contractors of America.
Responsibility Bonds,Performance,and Payment
2.1.1,3.3.3,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1, 7.3.6.4,9.6.7,9.10.3,11.4.9,11.5
4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13, Building Permit
4-4,5-2-1,7-4,9.4.2,9.6-4,9.6.6 3.7.1
Architect's Additional Services and Expenses Capitalization
2.4,u-4.1-1,12.2.1,13-5.2,13-5.3,14.2.4 1.3
Architect's Administration of the Contract Certificate of Substantial Completion
3.1.3,4.2,4-3-4,4-4,949-5 9.8-3,9.8-4,9.8.5
Architect's Approvals Certificates for Payment
2.4,3.1.3,3.5.1,3.10.2,4.2.7 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,
Architect's Authority to Reject Work 9.10.1,9.10.3,13.7,14.1.1.3,14.2.4
3.5.1,4.2.6,12.1.2,12.2.1 Certificates of Inspection,Testing or Approval
Architect's Copyright 13.5.4
1.6 Certificates of Insurance
Architect's Decisions 9.10.2,11.1.3
4.2.6,4.2-7,4.2.U,4.2.12,4.2-13,4.3-4,4.4.1, Change Orders
4.4.5,4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2, 1.1.1,2.4.1,34.2,3.8.2.3,3.11.1,3.12.8,4.2.8,
9.4,9.5.1,9.8.4,9.9.1,13.5.2,14.2.2,14.2.4 4.3.4,4.3.9,5.2.3,7.1,7.2,7.3,8.3.1,9.3.1.1,
Architect's Inspections 9.10.3,11.4.1.2,11.4.4,11.4.9,12.1.2
4.2.2,4.2-9,4-3.4,9.4.2,9.8-3,9.9.2,9.10.1,13.5 Change Orders,Definition of
Architect's Instructions 7,2,1 _
3.2-3,3.3-1,4.2.6,4.2.7,4.2.8,7.4-1,12.1,13-5.2 CHANGES IN THE WORK
Architect's Interpretations
4.2.11,4.2.12,4.3.6 3.11,4.2.8,7,8.3.1,9.3.1.1,11.4.9
Claim,Definition of
Architect's Project Representative 4.3.1 1' '
4 Claims and Disputes
Architect's Relationship with Contractor P
1.1.2,1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2, 3.2.3,4.3,4.4,4.5,4.6,6.1.1,6.3,7.3.8,9.3.3,
3.5.1,3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3, 9.10.4,10.3.3 01997 AIA®
4.2,4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2, Claims and Timely Assertion of Claims AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyng t 1911, 1915, 1918, 1925, 1937, 1951, 9 9 61, 1963, 1966, 1967, 1976, 1987, 0 1997 by e CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue, N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington, D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
2
4.6.5 Contingent Assignment of Subcontracts
Claims for Additional Cost 5.4,14.2.2.2
3.2.3,4.3.4,4.3.5,4.3.6,6.1.1,7.3.8,10.3.2 Continuing Contract Performance
Claims for Additional Time 4.3.3
3.2.3,4.3.4,4.3.7,6.1.1,8.3.2,10.3.2 Contract,Definition of
Claims for Concealed or Unknown Conditions 1.1.2
4.3.4 CONTRACT, TERMINATION OR
Claims for Damages SUSPENSION OF THE
3.2.3,3.18,4.3.1o,6.1.1,8.3-3,9.5.1,9.6.7,10.3.3, 5.4-1.1,11-4.9, 14
11-1.1,11-4.5,11-4.7,14-1.3,14.2.4 Contract Administration
Claims Subject to Arbitration 3.1-3,4,9.4,9.5
4.4-1,4.5.1,4.6.1 Contract Award and Execution,Conditions
Cleaning Up Relating to
3.15,6.3 3.7.1,3.10,5.2,6.1,11.1.3,11.4.6,11.5.1
Commencement of Statutory Limitation Period Contract Documents,The THIS DOCUMENT HAS IMPORTANT LEGAL
13.7 1.1,1.2 CONSEQUENCES.CONSULTATION WITHAN
Commencement of the Work,Conditions Contract Documents,Copies Furnished and Use ATTORNEY IS ENCOURAGED WITH
Relating to of RESPECT TO ITS COMPLETION OR
2.2.1,3.2.1,3.4.1,3.7.1,3.10.1,3.12.6,4.3.5,5.2.1, 1.6,2.2-5,5-3 MODIFICATION.AUTHENTICATION OF THIS
5.2.3,6.2.2,8.1.2,8.2.2,8.3-1,11-1, 11.4.1,11.4.6, Contract Documents,Definition of ELECTRONICALLY DRAFTED AIA
11.5.1 1.1.1 DOCUMENT MAY BE MADE BY USING AIA
Commencement of the Work,Definition of Contract Sum DOCUMENT D401.
8.1.2 3.8,4.3.4,4.3.5,4.4.5,5.2.3,7.2,7.3,7.4,9.1,
Communications Facilitating ontract This document has been approved and
g 9.4.2,9.5.1.4,9.6.7,9.7,10.3.2,11.4.1, 14.2.4, endorsed by The Associated General
Administration 14.3.2
Contractors of America.
3.9.1, 4.2.4 Contract Sum,Definition of
Completion,Conditions Relating to 9.1
1.6.1,3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8, Contract Time
9.9.1,9.10,12.2,13.7,14.1.2 4.3-4,4-3-7,4-4-5,5-2-3,7.2.1-3,7.3,7.4,8.1.1,
COMPLETION, PAYMENTS AND 8.2,8-3-1,9-5-1,9-7,10-3.2,12.1.1, 14.3.2
9 Contract Time,Definition of
Completion,Substantial 8.1.1
4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, CONTRACTOR
9.10-4.2,12.2,13.7 3
Compliance with Laws Contractor,Definition of
1.6.1,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8, 3.1,6.1.2
4.6.4,4.6.6,9.6.4,10.2.2,11.1,11.4,13.1,13.4, Contractor's Construction Schedules
13-5.1,13-5.2,13.6,14-1.1,14.2.1.3 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3
Concealed or Unknown Conditions Contractor's Employees
4-3-4,8-3-1,10-3 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6,10.2,
Conditions of the Contract 10.3,11.1.1,U-4.7,14.1,14.2.1.1,
1.1.1,1.1.7,6.1.1,6.1.4 Contractor's Liability Insurance
Consent,Written 11.1
1.6,3.+2,3.12.8,3.14.2,4.1.2,4-3-4,4.6-4,9.3.2, Contractor's Relationship with Separate
9-&5,9-9-1,9-10-2,9.10.3,11-4.1, 13.2,13.4.2 Contractors and Owner's Forces
CONSTRUCTION BY OWNER OR BY 3.12.5,3.14.2,4.2.4,6,11-4.7,12.1.2,12.2.4
SEPARATE CONTRACTORS Contractor's Relationship with Subcontractors
1.1.4,6 1.2.2,3.3.2,318.1,3.18.2,5,9.6.2,9.6.7,9.10.2,
Construction Change Directive,Definition of U.4.1.2,11-4.7,11-4.8
7,3.1 Contractor's Relationship with the Architect
Construction Change Directives 1.1.2,1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,
f•• -
1.1.1,312.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 3.5-1,3.7.3,3.10,3.11,3.12,3.16,3.18, 4-1.2,4-1-3,
Construction Schedules,Contractor's 4-2,4.3.4,4.4.1,4-4-7,5.2,6.2.2,7,8.3.1,9.2,
1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3 9-3,949-5,97,9.8,9.9, 10.2.6,10.3,11.3, 01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
))Copyright 9 5, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, ® 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/312003.
3
11.4.7,12,13.4.2,13.5 Date of Commencement of the Work,
Contractor's Representations Definition of
1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2 8.1.2
Contractor's Responsibility for Those Date of Substantial Completion,Definition of
Performing the Work 8.1.3
3.3.2,3A8,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1, Day,Definition of
10 8.1.4
Contractor's Review of Contract Documents Decisions of the Architect
1.5.2,3.2,3.7.3 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,
Contractor's Right to Stop the Work 4.4.5,4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,
9.7 9.4,9.5.1,9.8.4,9-9-1,13-5.2,14-2.2,14.2.4
Contractor's Right to Terminate the Contract Decisions to Withhold Certification
4.3.10,14.1 9.4.1,9.5,9.7,14.1.1.3
Contractor's Submittals Defective or Nonconforming Work,Acceptance,
3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,9.3, Rejection and Correction of
9.8.2,9.8-3,9.9.1,9.10.2,9.10.3, 11-1.3,11-5.2 2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6, THIS DOCUMENT HAS IMPORTANT LEGAL
Contractors Superintendent 9.8.2,9.9.3,9.10.4,12.2.1,13.7-1.3 CONSEQUENCES.CONSULTATION WITH AN
3.9,10.2.6 Defective Work,Definition of ATTORNEY IS ENCOURAGED WITH
Contractors Supervision and Construction 3.5.1 RESPECT TO ITS COMPLETION OR
Procedures Definitions MODIFICATION.AUTHENTICATION OF THIS
1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3, 1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1, ELECTRONICALLY DRAFTED AIA
6.2.4,7.1-3,7.3-4,7-3.6,8.2,10,12,14 4-3-1,5-1,6.1.2,7.2.1,7-3-1,7-3.6,8.1, 9.1,9.8.1 DOCUMENT MAY BE MADE BY USING AIA
Contractual Liability Insurance Delays and Extensions of Time DOCUMENT D401.
u.1.1.8,11.2,11.3 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1,
Coordination and Correlation This document has been approved and
1.2,1.5.2,3.3.1,3.10,3.12.6,6.1.3,6.2.1 7.4.1,7.5.1,8.3,9.5.1,9.7.1,10.3.2, 10.6-1,14-3.2 endorsed by The Associated General
Copies Furnished of Drawings and Disputes Contractors of America.
Specifications 4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8
1.6,2.2-5,3-11
Documents and Samples at the Site
3.11
Copyrights
1.6,3.17 Drawings,Definition of Correction Work
2-3,2-4,3-7.4, 1.1.5
3.7.4,4.2.1,9.4.2,9.8.2,9.8.3,9.9.1, Drawings and Specifications,Use and
Ownership of
12.1.2,12.2,13.7-1.3 1.1.1,1.3,2.2.5,3.11,5.3
Correlation and Intent of the Contract Effective Date of Insurance
Documents
1.2 8.2.2,11.1.2
Cost,Definition of
Emergencies
7.3.6 4.3-5, 10.6,14.1.1.2
Costs Employees,Contractor's
2.4,3.2-3,3-7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1, 3.3'2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6,10.2,
6.2-3,7.3-3.3,7.3.6,7-3-7,7-3.8,9.10.2,10 3 2 10.3,11.1.1,11.4.7,14.1,14.2.1.1
Equipment,Labor,Materials and
Cutting
1ng and nd Patching u-4,12.1,12.2.1,12.2-4,13.5,14 1-1.3,1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1,
6.2-5,3.14 4.2.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,
Damage to Construction of Owner or Separate 9.5.1.3,9.10.2,10.2.1,10.2.4,14.2.1.2
Contractors Execution and Progress of the Work
1.1.3,1.2.1,1.2.2,2.2.3,2.2.5,3.1,3.3,3.4,3.5,3.7,
3.14.2,6.2 4,9.2.1.5,10.2.1.2,10.2.5,10.6,u.l, 3-10,3-12,3-14,4.2.2,4-2.3,4.3.3,6.2.2,7.1.3,
11 7.3.4,8.2,9.5,9.9.1,10.2,10.3,12.2,14.2,14.3
Damagge e t too the Work Extensions of Time
3.14.2,9.9.1,10.2.1.2,10.2.5,1o.6,11.4,12.2.4 3.2-3,4.3.1,4.3.4,4-3-7,4-4-5,5.2-3,7.2.1,7-3,
Damages,Claims for
3.2-3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6-7,10-3.3, 7.4.1,9.5.11,9.7-1,10-3.2,1o.6.1,14.3.2
Failure of Payment
11-1-1,u-4.5,11-4.7,14-1.3,14.2.4
Damages for Delay 4-3.6,9-5-1-3,9-7,9.10.2,14.1-1.3,14.2.1.2,13.6
Faulty Work 01997 AIA®
6.1.1,8.3-3,9-5.1.6,9.7,10.3.2 AIA DOCUMENT A201 -1997
GENERAL CONDITIONS OF THE
a opyng t 1911, 1915, 9 25, 1937, 5 , 1 5 9 9 9 y a CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/312002. AIA License Number 1008538, which expires on
9/3/2003.
4
(See Defective or Nonconforming Work) INSURANCE AND BONDS
Final Completion and Final Payment 11
4.2.1,4.2-9,4.3.2,9.8.2,9.10,11.1.2,11.1.3,11.4.1, Insurance Companies,Consent to Partial
11.4.5,12.3.1,13.7,14.2.4,14.4.3 Occupancy
Financial Arrangements,Owner's 9.9.1,11.4,1.5
2.2.1,13.2.2,14.1-1.5 Insurance Companies,Settlement with
Fire and Extended Coverage Insurance 11.4.10
11.4 Intent of the Contract Documents
GENERAL PROVISIONS 1.2.1,4.2.7,4.2.12,4.2.13,7.4
1 Interest
Governing Law 13.6
13.1 Interpretation
Guarantees(See Warranty) 1.2.3, 1.4,4.1.1,4.3.1,5.1,6.1.2,8.1.4
Hazardous Materials Interpretations,Written
10.2-4,10.3,10.5 4.2.11,4.2.12,4.3.6 THIS DOCUMENT HAS IMPORTANT LEGAL
Identification of Contract Documents joinder and Consolidation of Claims Required CONSEQUENCES.CONSULTATION WITHAN
1.5.1 4.6.4 ATTORNEY 15 ENCOURAGED WITH
Identification of Subcontractors and Suppliers judgment on Final Award RESPECT TO ITS COMPLETION OR
5.2.1 4.6.6 MODIFICATION.AUTHENTICATION OF THIS
Indemnification Labor and Materials,Equipment ELECTRONICALLY DRAFTED AIA
3.17,3.18,9.10.2,10-3.3,10.5,u-4-1.2,11-4.7 1.1.3,1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13, DOCUMENT MAY BE MADE BY USING AIA
Information and Services Required of the Owner 3-15-1,42.6,4.2-7,5.2.1,6.2.1,7.3.6, 9-3.2,9-3-3, DOCUMENT D401.
2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3, 9-5-1-3,9.10.2,10.2.1,10.2-4,14.2.1.2
Labor Disputes This document has been approved and
6.1-4,6.2-5,9.3.2,9.6.1,9.6-4,9.9.2, 9.10.3, P endorsed by The Associated General
10.3.3,11.2,U-4,13-5-1,13-5.2,14.1-1.4,14-1.4 8.3.1
Injury or Damage to Person or Property Laws and Regulations Contractors of America.
4.3.8,10.2,io.6 1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6,
Inspections 9.6-4,9.9.1,10.2.2,11.1,11.4,13-1, 13.4,13.5.1,
3-1-3,3-3-3,3-7-1,4.2.2,4.2.6,4.2-9,9.4.2,9.8.2, 13-5.2,13.6,14
9.8.3,9.9.2,9.10.1,12.2.1,13.5 Liens
Instructions to Bidders 2.1.2,4-4.8,8.2.2,9-3-3,9.10
1.1.1 Limitation on Consolidation or joinder
Instructions to the Contractor 4.6.4
3.2.3,3.3.1,3.8.1,4.2.8,5.2.1,7,12,8.2.2,13.5.2 Limitations,Statutes of
Insurance 4-6-3,12-2.6,13-7
318.1,6.1.1,7.3.6,8.2.1,9.3.2,9.8-4,9.9.11 Limitations of Liability
9.10.2, 9.10.5,u 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.10,3.17,3.18,
Insurance,Boiler and Machinery 4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7,
11.4.2 9.10.4,10-3.3,10.2-5,11.1.2,11.2.1,U-4.7,12.2-5,
Insurance,Contractor's Liability 13.4.2
11.1 Limitations of Time
Insurance,Effective Date of 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1,
8.2.2,11.1.2 4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,
Insurance,Loss of Use 7.4,8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,
11.4.3 9.91 9.10,11-1-3,11.4.1.5,11.4.6,11.4.10,12.2,13.5,
Insurance,Owners Liability 13.7,14
112 Loss of Use Insurance
Insurance,Project Management Protective 11.4.3
Liability Material Suppliers
11.3 1.6,3-12-1,4-2-4,4.2.6,5.2.1,9.3,9.4.2,9.6,
Insurance,Property 9.10.5 ff• ,f
10.2-5, 11.4 Materials,Hazardous
Insurance,Stored Materials 10.2.4,10.3,10.5
9.3.2,11.4.1.4 Materials,Labor,Equipment and 01997 AIA®
1.1.3,1.1.6,1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13, AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
b opyrlg t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 96 9 , 1970, 1976, 1987, ® 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue, N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
5
3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3, 2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3,
9.5.1.3,9.10.2,10.2.1,10.2.4,14.2.1.2 6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3,
Means,Methods,Techniques,Sequences and 10-3.3,11.2,11.4,13-5.1,13-5.2,14.1-1.4,14-1.4
Procedures of Construction Owner's Authority
3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,
Mechanic's Lien 4.1.2,4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,
4.4.8 5.4.1,6.1,6.3,7.2.1,7.3-1,8.2.2,8.3.1,9.3.1,9.3.2,
Mediation 9.5-1,9.9.1,9.10.2, 10-3.2,n-1-3,u-3-1,11-4-3,
4.4.1,4.4.5,4.4.6,4.4.8,4.5,4.6.1,4.6.2,8.3.1, 11.4.10,12.2.2,12.3.1,13.2.2,14.3,14.4
10.5 Owner's Financial Capability
Minor Changes in the Work 2.2.1,13.2.2,14.1-1.5
1.1.1,3.12.8,4.2.8,4.3.6,7.1,7.4 Owner's Liability Insurance
MISCELLANEOUS PROVISIONS 11.2
13 Owner's Loss of Use Insurance
Modifications,Definition of 11.4.3
Owners Relationship with Subcontractors TH15 DOCUMENT HAS IMPORTANT LEGAL
1.1.1 CONSEQUENCES.CONSULTATION WITH AN
Modifications to the Contract 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2,14.2.2
Owner's Right to Carry Out the Work ATTORNEY IS ENCOURAGED WITH
1.1.1,1.1.2,3.7.3,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1, RESPECT TO ITS COMPLETION OR
9.7,10.3.2,u.4.1 2.4,12.2-4-14.2.2.2 MODIFICATION.AUTHENTICATION OF THIS
Mutual Responsibility Owner's Right to Clean Up ELECTRONICALLY DRAFTED AIA
6.2 6.3 DOCUMENT MAY BE MADE BY USING AIA
Nonconforming Work,Acceptance of Owner's Right to Perform Construction and to DOCUMENT D401.
9.6.6,9.9.3, 12.3 Award Separate Contracts
Nonconforming Work,Rejection and 6.1 This document has been approved and
Correction of Owner's Right to Stop the Work endorsed by The Associated General
2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.8.2,9.9.3, 2.3 Contractors of America.
9.10.4,12.2.1,13.7.1.3 Owner's Right to Suspend the Work
Notice 14.3
2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3, Owner's Right to Terminate the Contract
4.4.8,4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2,11.1.3, 14.2
U-4.6,12.2.2,12.2-4,13.3,13-5.1,13-5.2,14.1,14.2 Ownership and Use of Drawings,Specifications
Notice,Written and Other Instruments of Service
2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8, 1.1.1,1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.12,5.3
4.6.5,5.2.1,8.2.2,9.7,9-10,10.2.2,10.3, 11.1.3, Partial Occupancy or Use
11.4.6,12.2.2,12.2.4,13.3,14 9.6.6,9.9,H-4-1-5
Notice of Testing and Inspections Patching,Cutting and
13.5.1,13.5.2 3.14,6.2.5
Notice to Proceed Patents
8.2.2 3.17
Notices,Permits,Fees and Payment,Applications for
2.2.2,3.7,3.13,7.3.6.4,10.2.2 4.2.5,7.3.8,9.2,9.3.9.4,9.5.1,9.6.3,9.7.1,
Observations,Contractor's 9.8.5,9.10.1,9.10.3,9.10.5,u.1.3,14.2.4,14.4.3
1.5.2,3.2,3.7.3,4.3.4 Payment,Certificates for
Occupancy
2.2.2,9.6.6,9.8,11.4.1.5 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,
9.10.1,9.10.3,13.7,14.1.1.3,14.2.4
Orders,Written
1.1.1,2-3,3-9,4-3.6,7,8.2.2,U-4-9,12.1,12.2> Payment,Failure of �
13.5.2,14.3.1 4.3.6,9.5.1.3, 9.7,9.10.2,14.1-1.3,14.2.1.2,13.6
Payment,Final
OWNER
2 4.2.1,4.2.9,4.3.2,9.8.2,9.10,11.1.2,n.1.3,u.4.1,
U-4.5,12.3-1,13-7,14.2-4,14-4.3
W.v
Owner,Definition of P " '�
Payment Bond,Performance Bond and
2.1
Owner,Information and Services Required of 7. , 9.6.7,9.10.3,11.4.9, 11.5
Payments,Progress
the
01997 AIA®
4.3-3,9.3,9.6,9.8.5,9.10.3,13.6,14.2.3 AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyng t 11918,911, 1915, 9 1970, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
6
PAYMENTS AND COMPLETION Resolution of Claims and Disputes
9 4.4,4.5,4.6
Payments to Subcontractors Responsibility for Those Performing the Work
5.4.2,9.5-1.3,9.6.2,9.6-3,9.6-4,9.6-7,11-4.8, 3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1,
14.2.1.2 10
PCB Retainage
10.3.1 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3
Performance Bond and Payment Bond Review of Contract Documents and Field
7.3.6.4,9.6.7,9.10.3,11.4.9, 11.5 Conditions by Contractor
Permits,Fees and Notices 1.5.2,3.2,3.7.3,3.12.7,6.1.3
2.2.2,3.7,3.13,7.3.6.4,10.2.2 Review of Contractor's Submittals by Owner and
PERSONS AND PROPERTY, PROTECTION Architect
OF 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2
Review of Shop Drawings,Product Data and
10 Samples by Contractor
Polychlorinated Biphenyl 3.12 THIS DOCUMENT HAS IMPORTANT LEGAL
10.3.1 Rights and Remedies CONSEQUENCES.CONSULTATION WITH AN
Product Data,Definition of 1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6)4.3.4)4.5,4.6, ATTORNEY 15 ENCOURAGED WITH
3.12.2 5.3,5.4,6.1,6.3,7-3-1,8-3,9-5-1,9.7, 10.2.5,10.3, RESPECT TO ITS COMPLETION OR
Product Data and Samples,Shop Drawings 12.2.2,12.2-4, 13.4,14 MODIFICATION.AUTHENTICATION OF THIS
3.11,3.12,4.2.7 Royalties,Patents and Copyrights ELECTRONICALLY DRAFTED AIA
Progress and Completion y 3.17 DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
4.2.2,4.3.3,8.2,9.8,9.9.1,14.1.4
Rules and Notices for Arbitration
Progress Payments 4.6.2 This document has been approved and
4.3.3,9.3,9.6,9.8.5,9.10.3,13.6,14.2.3 Safety of Persons and Property endorsed by The Associated General
Project,Definition of the 10.2,1o.6 Contractors of America.
- 1.1.4 Safety Precautions and Programs
Project Management Protective Liability
Insurance 3.3.1,4.2.2,4.2.7,5.3.1, 10.1,10.2,lo.6
Samples,Definition of
11.3 3.12.3
Project Manual,Definition of the Samples,Shop Drawings,Product Data and
1.1.7
Project Manuals 3.11,3.12,4.2.7
Samples at the Site,Documents and
2.2.5 3.11
Project Representatives Schedule of Values
4.2.10
Property Insurance 9•2>9.3.1
10.2-5, 11.4 Schedules,Construction
PROTECTION OF PERSONS AND 1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3
Separate Contracts and Contractors
PROPERTY 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1,
10 11.4.7, 12.1.2,12.2.5
Regulations and Laws Shop Drawings,Definition of
1.6,3.2.2,3.6,3.7)3.12.10)3.13,4.1.1,4.4.8,4.6, 3.12.1
9.6-4,9.9.1,10.2.2,11-1,11-4,13-1, 13.4,13.5.1, Shop Drawings,Product Data and Samples
13.5.2,13.6,14 3.11,3.12,4.2.7
Rejection of Work Site,Use of
3.5-1,4.2.6,12.2.1 3.13,
Releases and Waivers of Liens 6.2.1
Site Inspections
9.10.2 1.2.2,3.2.1,3.3.3,3.7.1)4.2)4.3.4,9.4.2,9.10.1,
Representations 13.5
1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, Site Visits,Architect's
9.8.2,9.10.1 4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1,13.5
Representatives Special Inspections and Testing
2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2, 4.2.6,12.2.1,13.5 01997 AIA®
13.2.1 Specifications,Definition of the AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
b opyrig t 1, 915, 1918, 925, 1937, 1951, 1958, 1961, 19 9 1967, 0, 1976, 1987, ® 9 y e CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington, D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
7
1.1.6 5.4.2,14.3
Specifications,The Suspension or Termination of the Contract
1.1.1, 1.1.6,1.1.7,1.2.2,1.6,3.11,3.12.10,3.17 4.3.6,5.4-1.1,11-4.9,14
Statute of Limitations Taxes
4.6.3,12.2.6,13.7 3.6,3.8.2.1,7.3.6.4
Stopping the Work Termination by the Contractor
2.3,4.3.6,9.7,10.3,14.1 4.3-10, 14.1
Stored Materials Termination by the Owner for Cause
6.2.1,9.3.2,10.2.1.2,10.2-4,11.4-1.4 4-3-10,5.4.1.1, 14.2
Subcontractor,Definition of Termination of the Architect
5.1.1 4.1.3
SUBCONTRACTORS Termination of the Contractor
5 14.2.2
Subcontractors,Work by TERMINATION OR SUSPENSION OF THE
1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2, CONTRACT THIS DOCUMENT HAS IMPORTANT LEGAL
9.6.7 14
Subcontractual Relations CONSEQUENCES.CONSULTATION WITH AN
5.3,5.4,9.3.1.2,9.6,9.1010.2.1,u.4.7,u.4.8, Tests and Inspections ATTORNEY IS ENCOURAGED WITH
5.3, .4,9 14.3.2 3.13,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2, RESPECT TO ITS COMPLETION OR
9.10.1,10-3.2,11.4.1.1,12.2.1,13.5 MODIFICATION.AUTHENTICATION OF THIS
Submittals TIME ELECTRONICALLY DRAFTED AIA
1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2, DOCUMENT MAY BE MADE BY USING AIA
9.3,9.8,9.9.1,9.10.2,9.10.3,u.1.3 8 DOCUMENT D401.
Subrogation,Waivers of Time,Delays and Extensions of
6.1a,11-4.5, 11.4.7 3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1, This document has been approved and
Substantial Completion 7.4.1,7.5.1,8.3,9.5.1,9.7.1,10.3.2, 1o.6.1,14.3.2 endorsed by The Associated General
4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, Time Limits Contractors of America.
9.10-4.2,12.2,13.7 2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1,
Substantial Completion,Definition of 4.2,4.3,4.4,4.5,4.6,5.2,5.3,5.4, 6.2.4,7.3,
9.8.1 7.4,8.2,9.2,9.3.1,9.3.3,9.4.1,9-5,9-6,9-7,9.8,
Substitution of Subcontractors 9.9,9.10'11.1.3,11.4-1.5, 11.4.6,11.4.10,12.2,13.5,
5.2.3,5.2.4 13.7,14
Substitution of Architect Time Limits on Claims
4.1.3 4.3.2,4.3.4,4.3.8,4.4,4.5,4.6
Substitutions of Materials Title to Work
3.4.2,3.5.1,7.3.7 9.3.2,9.3.3
Sub-subcontractor,Definition of UNCOVERING AND CORRECTION OF
5.1.2 WORK
Subsurface Conditions 12
4.3.4 Uncovering of Work
Successors and Assigns 12.1
13.2 Unforeseen Conditions
Superintendent
3.9,10.2.6 4.3-4,8.3.1,10.3
Unit Prices
Supervision and Construction Procedures 4-3-9,7.3.3-2
1.2.2, 3.3, 3.4,3.12.10,4.2.2,4.2-7,4.3.3,6.1.3, Use of Documents
6.2-4,7.1.3,7.3.6,8.2,8.3.1,9.4.2,l0, 12,14 1.1.1,1.6,2-2.5,3.12.6,5.3
Surety Use of Site
4.4.7,5.4.1.2,9.8.5,9.10.2,9.10.3,14.2.2 3.13,6.1.1,6.2.1
Surety,Consent of Values,Schedule of
9.10.2,9.10.3 9.2,9.3.1
Surveys Waiver of Claims by the Architect
2.2.3 13.4.2
Suspension by the Owner for Convenience Waiver of Claims by the Contractor
14.4 4.3-10,9.10.5,11-4.7,13-4.2 01997 AIA®
Suspension of the Work GENERAL CONDITIONS OF THE
» opyrig t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 9 9 , 1970, 1976, 1987, 0 1997 by e CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia — 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
8
Waiver of Claims by the Owner Written Consent
4.3.10,9.9.3,9.10.3,9.10.4,11.4.3,11.4.5,11.4.7, 1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2,
12.2.2.1,13.4.2,14.2.4 9.8.5,9.9.1,9.10.2,9.10.3,11.4.1, 13.2,13.4.2
Waiver of Consequential Damages Written Interpretations
4.3.10,14.2.4 4.2.n,4.2.12,4.3.6
Waiver of Liens Written Notice
9.10.2,9.10.4 2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,
Waivers of Subrogation 4.6-5,5.2.1,8.2.2,9.7,9.10,10.2.2,10.3, 11.1.3,
6.1.1,11-4.5, 11.4.7 11.4.6,12.2.2,12.2.4, 13.3,14
Warranty Written Orders
3.5,4.2.9,4.3.5-3,9-3-3,9.8-4,9-9-1,9-10-4, 1.1.1,2.3,3.9,4.3.6,7,8.2.2,11.4.9,12.1,12.2,
12.2.2,13.7.1.3 13.5.2,14.3.1
Weather Delays
4,3,7.2
Work,Definition of
1.1.3 ) THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES.CONSULTATION WITHAN
ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
ARTICLE 1 GENERAL PROVISIONS MODIFICATION.AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
1.1 BASIC DEFINITIONS DOCUMENT MAY BE MADE BY USING AIA
1.1.1 THE CONTRACT DOCUMENTS DOCUMENTD401.
The Contract Documents consist of the Agreement between Owner and Contractor
(hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other This document has been approved and
Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, endorsed by The Associated General
other documents listed in the Agreement and Modifications issued after execution of the Contractors of America.
Contract.A Modification is(1)a written amendment to the Contract signed by both parties,(2)
a Change Order,(3)a Construction Change Directive or(4) a written order for a minor change
in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the
Contract Documents do not include other documents such as bidding requirements
(advertisement or invitation to bid,Instructions to Bidders,sample forms,the Contractor's bid
or portions of Addenda relating to bidding requirements).
1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the
entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. The Contract may be amended or
modified only by a Modification. The Contract Documents shall not be construed to create a
contractual relationship of any kind(1) between the Architect and Contractor,(2) between the
Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or(4)
between any persons or entities other than the Owner and Contractor. The Architect shall,
however, be entitled to performance and enforcement of obligations under the Contract
intended to facilitate performance of the Architect's duties.
1.1.3 THE WORK
The term "Work" means the construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor, materials, equipment .�
and services provided or to be provided by the Contractor to fulfill the Contractors obligations.
The Work may constitute the whole or a part of the Project.
1.1.4 THE PROJECT .
f . �
The Project is the total construction of which the Work performed under the Contract �
Documents may be the whole or a part and which may include construction by the Owner or
by separate contractors.
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1 966, 1967, 1-9771T7976,997, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
9
1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Contract Documents showing the
design, location and dimensions of the Work, generally including plans, elevations, sections,
details,schedules and diagrams.
1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents consisting of the written
requirements for materials,equipment,systems,standards and workmanship for the Work,and
performance of related services.
1.1.7 THE PROJECT MANUAL
The Project Manual is a volume assembled for the Work which may include the bidding
requirements,sample forms,Conditions of the Contract and Specifications.
1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS THIS DOCUMENT HAS IMPORTANT LEGAL
1.2.1 The intent of the Contract Documents is to include all items necessary for the proper CONSEQUENCES.CONSULTATION WITH AN
execution and completion of the Work by the Contractor. The Contract Documents are ATTORNEY IS ENCOURAGED WITH
complementary, and what is required by one shall be as binding as if required by all; RESPECT TO ITS COMPLETION OR
performance by the Contractor shall be required only to the extent consistent with the Contract MODIFICATION.AUTHENTICATION OF THIS
Documents and reasonably inferable from them as being necessary to produce the indicated ELECTRONICALLY DRAFTED AIA
results. DOCUMENT MAYBE MADE BY USING AIA
DOCUMENT D401.
1.2.2 Organization of the Specifications into divisions, sections and articles, and
arrangement of Drawings shall not control the Contractor in dividing he Work among his document has been approved and
Subcontractors or in establishing the extent of Work to be performed by any trade . g endorsed by The Associated General
Contractors of America.
1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.3 CAPITALIZATION
1.3.1 Terms capitalized in these General Conditions include those which are(i)specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or(3) the titles of other documents published by
the American Institute of Architects.
1.4 INTERPRETATION
1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words
such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an
article is absent from one statement and appears in another is not intended to affect the
interpretation of either statement.
1.5 EXECUTION OF CONTRACT DOCUMENTS
1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the
Owner or Contractor or both do not sign all the Contract Documents, the Architect shall
identify such unsigned Documents upon request. .�.
1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor
has visited the site,become generally familiar with local conditions under which the Work is to
be performed and correlated personal observations with requirements of the Contract , .;„F
Documents.
1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER 01997 AIA®
INSTRUMENTS OF SERVICE AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 9 5, 1918, 1925, 1937, r 8, , 9 9 9 970, 1987 99 y e CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
10
(6� 4
1.6.1 The Drawings, Specifications and other documents, including those in electronic
form, prepared by the Architect and the Architect's consultants are Instruments of Service
through which the Work to be executed by the Contractor is described. The Contractor may
retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or
material or equipment supplier shall own or claim a copyright in the Drawings, Specifications
and other documents prepared by the Architect or the Architect's consultants, and unless
otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of
them and will retain all common law, statutory and other reserved rights, in addition to the
copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be
returned or suitably accounted for to the Architect,on request,upon completion of the Work.
The Drawings, Specifications and other documents prepared by the Architect and the
Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with
respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-
subcontractor or material or equipment supplier on other projects or for additions to this
Project outside the scope of the Work without the specific written consent of the Owner,
Architect and the Architect's consultants.The Contractor, Subcontractors,Sub-subcontractors THIS DOCUMENT HAS IMPORTANT LEGAL
and material or equipment suppliers are authorized to use and reproduce applicable portions of CONSEQUENCES.CONSULTATION WITHAN
the Drawings, Specifications and other documents prepared by the Architect and the ATTORNEY IS ENCOURAGED WITH
Architect's consultants appropriate to and for use in the execution of their Work under the RESPECT TO ITS COMPLETION OR
Contract Documents. All copies made under this authorization shall bear the statutory MODIFICATION.AUTHENTICATION OF TH15
copyright notice,if any,shown on the Drawings,Specifications and other documents prepared ELECTRONICALLY DRAFTED AIA
by the Architect and the Architect's consultants. Submittal or distribution to meet official DOCUMENT MAY BE MADE BY USING AIA
regulatory requirements or for other purposes in connection with this Project is not to be DOCUMENT D401.
construed as publication in derogation of the Architect's or Architect's consultants' copyrights This document has been approved and
or other reserved rights. endorsed by The Associated General
Contractors of America.
ARTICLE 2 OWNER
2.1 GENERAL
2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred
to throughout the Contract Documents as if singular in number.The Owner shall designate in
writing a representative who shall have express authority to bind the Owner with respect to all
matters requiring the Owner's approval or authorization. Except as otherwise provided in
Subparagraph 4.2.1, the Architect does not have such authority. The term "Owner"means the
Owner or the Owner's authorized representative.
2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a
written request, information necessary and relevant for the Contractor to evaluate,give notice
of or enforce mechanic's lien rights. Such information shall include a correct statement of the
record legal title to the property on which the Project is located, usually referred to as the site,
and the Owner's interest therein.
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
2.2.1 The Owner shall,at the written request of the Contractor,prior to commencement of
the Work and thereafter, furnish to the Contractor reasonable evidence that financial
arrangements have been made to fulfill the Owner's obligations under the Contract.Furnishing
of such evidence shall be a condition precedent to commencement or continuation of the
Work. After such evidence has been furnished, the Owner shall not materially vary such i�
financial arrangements without prior notice to the Contractor.
2.2.2 Except for permits and fees,including those required under Subparagraph 3.7.1,which
lA
are the responsibility of the Contractor under the Contract Documents,the Owner shall secure .
and pay for necessary approvals,easements,assessments and charges required for construction,
use or occupancy of permanent structures or for permanent changes in existing facilities.
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
))Copyright 911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 9 98 , 0 1997 y e CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: I's 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
11
(Mlliii 4
2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations
and utility locations for the site of the Project, and a legal description of the site. The
Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but
shall exercise proper precautions relating to the safe performance of the Work.
2.2.4 Information or services required of the Owner by the Contract Documents shall be
furnished by the Owner with reasonable promptness. Any other information or services
relevant to the Contractor's performance of the Work under the Owner's control shall be
furnished by the Owner after receipt from the Contractor of a written request for such
information or services.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be
furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably
necessary for execution of the Work.
2.3 OWNER'S RIGHT TO STOP THE WORK THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES.CONSULTATION WITH AN
2.3.1 If the Contractor fails to correct Work which is not in accordance with the ATTORNEY 15 ENCOURAGED WITH
requirements of the Contract Documents as required by Paragraph 12.2 or persistently fails to RESPECT TO ITS COMPLETION OR
carry out Work in accordance with the Contract Documents, the Owner may issue a written MODIFICATION.AUTHENTICATION OF THIS
order to the Contractor to stop the Work,or any portion thereof,until the cause for such order ELECTRONICALLY DRAFTED AlA
has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a DOCUMENT MAY BE MADE BY USING AIA
duty on the part of the Owner to exercise this right for the benefit of the Contractor or any DOCUMENT D401.
other person or entity,except to the extent required by Subparagraph 6.1.3.
This document has been approved and
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK endorsed by The Associated General
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contractors of America.
Contract Documents and fails within a seven-day period after receipt of written notice from
the Owner to commence and continue correction of such default or neglect with diligence and
promptness,the Owner may after such seven-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
three-day period after receipt of such second notice fails to commence and continue to correct
any deficiencies, the Owner may, without prejudice to other remedies the Owner may have,
correct such deficiencies. In such case an appropriate Change Order shall be issued deducting
from payments then or thereafter due the Contractor the reasonable cost of correcting such
deficiencies, including Owner's expenses and compensation for the Architect's additional
services made necessary by such default, neglect or failure. Such action by the Owner and
amounts charged to the Contractor are both subject to prior approval of the Architect. If
payments then or thereafter due the Contractor are not sufficient to cover such amounts,the
Contractor shall pay the difference to the Owner.
ARTICLE 3 CONTRACTOR
3.1 GENERAL
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is
referred to throughout the Contract Documents as if singular in number. The term
"Contractor"means the Contractor or the Contractor's authorized representative.
3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.
3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of the Architect in the Architect's ,
administration of the Contract, or by tests, inspections or approvals required or performed by
persons other than the Contractor.
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1961970,6, 1967, 1976, 1987, ® 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
12
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
3.2.1 Since the Contract Documents are complementary,before starting each portion of the
Work, the Contractor shall carefully study and compare the various Drawings and other
Contract Documents relative to that portion of the Work,as well as the information furnished
by the Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing
conditions related to that portion of the Work and shall observe any conditions at the site
affecting it. These obligations are for the purpose of facilitating construction by the Contractor
and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract
Documents; however, any errors, inconsistencies or omissions discovered by the Contractor
shall be reported promptly to the Architect as a request for information in such form as the
Architect may require.
3.2.2 Any design errors or omissions noted by the Contractor during this review shall be
reported promptly to the Architect,but it is recognized that the Contractor's review is made in THIS DOCUMENT HAS IMPORTANT LEGAL
the Contractor's capacity as a contractor and not as a licensed design professional unless CONSEQUENCES.CONSULTATION WITHAN
otherwise specifically provided in the Contract Documents. The Contractor is not required to ATTORNEY IS ENCOURAGED WITH
ascertain that the Contract Documents are in accordance with applicable laws, statutes, RESPECT TO ITS COMPLETION OR
ordinances,building codes,and rules and regulations,but any nonconformity discovered by or MODIFICATION.AUTHENTICATION OF THIS
made known to the Contractor shall be reported promptly to the Architect. ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
3.2.3 If the Contractor believes that additional cost or time is involved because of DOCUMENT Mi.
clarifications or instructions issued by the Architect in response to the Contractor's notices or
requests for information pursuant to Subparagraphs 3.21 and 3.2.2, the Contractor shall make This document has been approved and
Claims as provided in Subparagraphs 4.3.6 and 4.3.7. If the Contractor fails to perform the endorsed by The Associated General
obligations of Subparagraphs 3.21 and 3.2.2,the Contractor shall pay such costs and damages to Contractors of America.
the Owner as would have been avoided if the Contractor had performed such obligations.The
Contractor shall not be liable to the Owner or Architect for damages resulting from errors,
inconsistencies or omissions in the Contract Documents or for differences between field
measurements or conditions and the Contract Documents unless the Contractor recognized
such error, inconsistency, omission or difference and knowingly failed to report it to the
Architect.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill
and attention.The Contractor shall be solely responsible for and have control over construction
means,methods, techniques,sequences and procedures and for coordinating all portions of the
Work under the Contract, unless the Contract Documents give other specific instructions
concerning these matters. If the Contract Documents give specific instructions concerning
construction means, methods, techniques, sequences or procedures, the Contractor shall
evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely
responsible for the jobsite safety of such means,methods,techniques,sequences or procedures.
If the Contractor determines that such means, methods,techniques, sequences or procedures
may not be safe,the Contractor shall give timely written notice to the Owner and Architect and
shall not proceed with that portion of the Work without further written instructions from the
Architect. If the Contractor is then instructed to proceed with the required means, methods,
techniques, sequences or procedures without acceptance of changes proposed by the ■_
Contractor,the Owner shall be solely responsible for any resulting loss or damage.
3.3.2 The Contractor.shall be responsible to the Owner for acts and omissions of the ,�
Contractors employees, Subcontractors and their agents and employees, and other persons or . ,f
entities performing portions of the Work for or on behalf of the Contractor or any of its
Subcontractors.
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyng t 1911, 191S, 91 5, 1937, 1951, 1958, 1961, 1963, 9 9 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/312002. AIA License Number 1008538, which expires on
9/3/2003.
13
3.3.3 The Contractor shall be responsible for inspection of portions of Work already
performed to determine that such portions are in proper condition to receive subsequent Work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide
and pay for labor, materials, equipment,tools,construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services necessary for proper execution
and completion of the Work, whether temporary or permanent and whether or not
incorporated or to be incorporated in the Work.
3.4.2 The Contractor may make substitutions only with the consent of the Owner, after
evaluation by the Architect and in accordance with a Change Order.
3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit THIS DOCUMENT HAS IMPORTANT LEGAL
employment of unfit persons or persons not skilled in tasks assigned to them. CONSEQUENCES.CONSULTATION WITHAN
ATTORNEY IS ENCOURAGED WITH
3.5 WARRANTY RESPECT TO ITS COMPLETION OR
3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment•MODIFICATION.AUTHENTICATION OF THIS
furnished under the Contract will be of good quality and new unless otherwise required or ELECTRONICALLY DRAFTED AIA
permitted by the Contract Documents,that the Work will be free from defects not inherent in DOCUMENT MAY BE MADE BY USING AIA
the quality required or permitted, and that the Work will conform to the requirements of the DOCUMENT MI.
Contract Documents.Work not conforming to these requirements,including substitutions not This document has been approved and
properly approved and authorized, may be considered defective. The Contractor's warranty endorsed by The Associated General
excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractors of America.
Contractor, improper or insufficient maintenance, improper operation, or normal wear and
tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment.
3.6 TAXES
3.6.1 The Contractor shall pay sales,consumer,use and similar taxes for the Work provided
by the Contractor which are legally enacted when bids are received or negotiations concluded,
whether or not yet effective or merely scheduled to go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure
and pay for the building permit and other permits and governmental fees, licenses and
inspections necessary for proper execution and completion of the Work which are customarily
secured after execution of the Contract and which are legally required when bids are received or
negotiations concluded.
3.7.2 The Contractor shall comply with and give notices required by laws,ordinances,rules,
regulations and lawful orders of public authorities applicable to performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are
in accordance with applicable laws, statutes, ordinances, building codes, and rules and W_■
regulations. However, if the Contractor observes that portions of the Contract Documents are
at variance therewith,the Contractor shall promptly notify the Architect and Owner in writing,
and necessary changes shall be accomplished by appropriate Modification. 1%
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes,
ordinances,building codes,and rules and regulations without such notice to the Architect and
Owner,the Contractor shall assume appropriate responsibility for such Work and shall bear the 01997 AIA®
costs attributable to correction. AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyrlg t 11918,911, 1915, 1925, 1937, 1951, 1958, 1961, 1963, 9 9 , 1970, 1976, 1987, ® 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia — 12/3/2002. AIA License Number 1008538, which expires on
9/312003.
14
3.8 ALLOWANCES
3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the
Contract Documents. Items covered by allowances shall be supplied for such amounts and by
such persons or entities as the Owner may direct, but the Contractor shall not be required to
employ persons or entities to whom the Contractor has reasonable objection.
3.8.2 Unless otherwise provided in the Contract Documents:
.1 allowances shall cover the cost to the Contractor of materials and equipment
delivered at the site and all required taxes,less applicable trade discounts;
.2 Contractor's costs for unloading and handling at the site,labor,installation costs,
overhead, profit and other expenses contemplated for stated allowance amounts
shall be included in the Contract Sum but not in the allowances;
.3 whenever costs are more than or less than allowances,the Contract Sum shall be THIS DOCUMENT HAS IMPORTANT LEGAL
adjusted accordingly by Change Order. The amount of the Change Order shall CONSEQUENCES.CONSULTATIONWITHAN
reflect(i) the difference between actual costs and the allowances under Clause ATTORNEY IS ENCOURAGED WITH
3.8.2.1 and(2)changes in Contractors costs under Clause 3.8.2.2. RESPECT TO ITS COMPLETION OR
MODIFICATION.AUTHENTICATION OF THIS
3.8.3 Materials and equipment under an allowance shall be selected by the Owner in ELECTRONICALLY DRAFTED AIA
sufficient time to avoid delay in the Work. DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
3.9 SUPERINTENDENT This document has been approved and
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants endorsed by The Associated General
who shall be in attendance at the Project site during performance of the Work The Contractors of America.
superintendent shall represent the Contractor, and communications given to the
superintendent shall be as binding as if given to the Contractor. Important communications
shall be confirmed in writing. Other communications shall be similarly confirmed on written
request in each case.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit
for the Owner's and Architect's information a Contractor's construction schedule for the Work.
The schedule shall not exceed time limits current under the Contract Documents, shall be
revised at appropriate intervals as required by the conditions of the Work and Project,shall be
related to the entire Project to the extent required by the Contract Documents, and shall
provide for expeditious and practicable execution of the Work.
3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a
schedule of submittals which is coordinated with the Contractor's construction schedule and
allows the Architect reasonable time to review submittals.
3.10.3 The Contractor shall perform the Work in general accordance with the most recent
schedules submitted to the Owner and Architect.
3.11 DOCUMENTS AND SAMPLES AT THE SITE
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the
Drawings,Specifications,Addenda,Change Orders and other Modifications,in good order and
marked currently to record field changes and selections made during construction, and one
record copy of approved Shop Drawings, Product Data, Samples and similar required • .
submittals. These shall be available to the Architect and shall be delivered to the Architect for
submittal to the Owner upon completion of the Work.
01997 AIA®
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1970, 1976, 9 y e'CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
15
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared
for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer,supplier
or distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures,diagrams and other information furnished by the Contractor to illustrate materials
or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials,equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work
for which submittals are required by the Contract Documents the way by which the Contractor
proposes to conform to the information given and the design concept expressed in the THIS DOCUMENT HAS IMPORTANT LEGAL
Contract Documents. Review by the Architect is subject to the limitations of Subparagraph CONSEQUENCES.CONSULTATIONWITHAN
4.2.7. Informational submittals upon which the Architect is not expected to take responsive ATTORNEY 15 ENCOURAGED WITH
action may be so identified in the Contract Documents. Submittals which are not required by RESPECT TO ITS COMPLETION OR
the Contract Documents may be returned by the Architect without action. MODIFICATION.AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
3.12.5 The Contractor shall review for compliance with the Contract Documents, approve DOCUMENT MAY BE MADE BY USING AIA
and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals DOCUMENT MI.
required by the Contract Documents with reasonable promptness and in such sequence as to
cause no delay in the Work or in the activities of the Owner or of separate contractors. This document has been approved and
Submittals which are not marked as reviewed for compliance with the Contract Documents endorsed by The Associated General
and approved by the Contractor may be returned by the Architect without action. Contractors of America.
3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified
materials, field measurements and field construction criteria related thereto,or will do so,and
has checked and coordinated the information contained within such submittals with the
requirements of the Work and of the Contract Documents.
3.12.7 The Contractor shall perform no portion of the Work for which the Contract
Documents require submittal and review of Shop Drawings, Product Data,Samples or similar
submittals until the respective submittal has been approved by the Architect.
3.12.8 The Work shall be in accordance with approved submittals except that the Contractor
shall not be relieved of responsibility for deviations from requirements of the Contract
Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar
submittals unless the Contractor has specifically informed the Architect in writing of such
deviation at the time of submittal and (1) the Architect has given written approval to the
specific deviation as a minor change in the Work, or (2) a Change Order or Construction
Change Directive has been issued authorizing the deviation. The Contractor shall not be
relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or
similar submittals by the Architect's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings,Product Data,Samples or similar submittals,to revisions other than those requested
by the Architect on previous submittals. In the absence of such written notice the Architect's
approval of a resubmission shall not apply to such revisions. f .
r�
3.12.10 The Contractor shall not be required to provide professional services which constitute
the practice of architecture or engineering unless such services are specifically required by the 01997 AIA®
Contract Documents for a portion of the Work or unless the Contractor needs to provide such AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 9 6 , 1970, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
16
services in order to carry out the Contractor's responsibilities for construction means,methods,
techniques, sequences and procedures. The Contractor shall not be required to provide
professional services in violation of applicable law. If professional design services or
certifications by a design professional related to systems,materials or equipment are specifically
required of the Contractor by the Contract Documents, the Owner and the Architect will
specify all performance and design criteria that such services must satisfy.The Contractor shall
cause such services or certifications to be provided by a properly licensed design professional,
whose signature and seal shall appear on all drawings,calculations,specifications,certifications,
Shop Drawings and other submittals prepared by such professional. Shop Drawings and other
submittals related to the Work designed or certified by such professional,if prepared by others,
shall.bear such professional's written approval when submitted to the Architect. The Owner
and the Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the
services, certifications or approvals performed by such design professionals, provided the
Owner and Architect have specified to the Contractor all performance and design criteria that
such services must satisfy. Pursuant to this Subparagraph 3.12.10, the Architect will review,
approve or take other appropriate action on submittals only for the limited purpose of checking THIS DOCUMENT HAS IMPORTANT LEGAL
for conformance with information given and the design concept expressed in the Contract CONSEQUENCES.CONSULTATION WITH AN
Documents. The Contractor shall not be responsible for the adequacy of the performance or ATTORNEY IS ENCOURAGED WITH
design criteria required by the Contract Documents. RESPECT TO ITS COMPLETION OR
MODIFICATION.AUTHENTICATION OF THIS
3.13 USE OF SITE ELECTRONICALLY DRAFTED AIA
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, DOCUMENT MAY BE MADE BY USING AIA
ordinances,permits and the Contract Documents and shall not unreasonably encumber the site DOCUMENT D401.
with materials or equipment. This document has been approved and
endorsed by The Associated General
3.14 CUTTING AND PATCHING Contractors of America.
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to
complete the Work or to make its parts fit together properly.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or
partially completed construction of the Owner or separate contractors by cutting, patching or
otherwise altering such construction, or by excavation. The Contractor shall not cut or
otherwise alter such construction by the Owner or a separate contractor except with written
consent of the Owner and of such separate contractor,such consent shall not be unreasonably
withheld. The Contractor shall not unreasonably withhold from the Owner or a separate
contractor the Contractor's consent to cutting or otherwise altering the Work.
3.15 CLEANING UP
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation
of waste materials or rubbish caused by operations under the Contract. At completion of the
Work, the Contractor shall remove from and about the Project waste materials, rubbish, the
Contractor's tools,construction equipment,machinery and surplus materials.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,the Owner
may do so and the cost thereof shall be charged to the Contractor.
3.16 ACCESS TO WORK
3.16.1 The Contractor shall provide the Owner and Architect access to the Work in
preparation and progress wherever located.
3.17 ROYALTIES, PATENTS AND COPYRIGHTS,, ,;,
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend
suits or claims for infringement of copyrights and patent rights and shall hold the Owner and
Architect harmless from loss on account thereof,but shall not be responsible for such defense 01117 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 9 9 , 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue, N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington, D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
17
1111110 W
or loss when a particular design, process or product of a particular manufacturer or
manufacturers is required by the Contract Documents or where the copyright violations are
contained in Drawings,Specifications or other documents prepared by the Owner or Architect.
However,if the Contractor has reason to believe that the required design,process or product is
an infringement of a copyright or a patent, the Contractor shall be responsible for such loss
unless such information is promptly furnished to the Architect.
3.18 INDEMNIFICATION
3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or
expenses are not covered by Project Management Protective Liability insurance purchased by
the Contractor in accordance with Paragraph u.3, the Contractor shall indemnify and hold
harmless the Owner, Architect, Architect's consultants, and agents and employees of any of
them from and against claims, damages, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from performance of the Work, provided that such
claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to
injury to or destruction of tangible properly(other than the Work itself),but only to the extent THIS DOCUMENT HAS IMPORTANT LEGAL
caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or CONSEQUENCES.CONSULTATION WITH AN
indirectly employed by them or anyone for whose acts they may be liable,regardless of whether ATTORNEY 15 ENCOURAGED WITH
or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. RESPECT TO ITS COMPLETION OR
Such obligation shall not be construed to negate, abridge,or reduce other rights or obligations MODIFICATION.AUTHENTICATION OF THIS
of indemnity which would otherwise exist as to a party or person described in this Paragraph ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY U51NG AIA
3'1g' DOCUMENT D401.
3.18.2 In claims against any person or entity indemnified under this Paragraph 3.18 by an This document has been approved and
employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them endorsed by The Associated General
or anyone for whose acts they may be liable, the indemnification obligation under Contractors of America.
Subparagraph 318.1 shall not be limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the Contractor or a Subcontractor under workers'
compensation acts,disability benefit acts or other employee benefit acts.
ARTICLE 4 ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity
lawfully practicing architecture identified as such in the Agreement and is referred to
throughout the Contract Documents as if singular in number.The term "Architect"means the
Architect or the Architect's authorized representative.
4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the
Contract Documents shall not be restricted, modified or extended without written consent of
the Owner,Contractor and Architect.Consent shall not be unreasonably withheld.
4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new
Architect against whom the Contractor has no reasonable objection and whose status under the
Contract Documents shall be that of the former Architect.
4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
4.2.1 The Architect will provide administration of the Contract as described in the Contract
Documents, and will be an Owner's representative (1) during construction, (2) until final
payment is due and (3) with the Owner's concurrence, from time to time during the one-year
period for correction of Work described in Paragraph 12.2.The Architect will have authority to
act on behalf of the Owner only to the extent provided in the Contract Documents, unless R,;,
otherwise modified in writing in accordance with other provisions of the Contract. �■■■�
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 9 1970, 1976, 1987, y I Re CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia — 12/312002. AIA License Number 1008538, which expires on
9/3/2003.
18
4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals
appropriate to the stage of the Contractor's operations (i) to become generally familiar with
and to keep the Owner informed about the progress and quality of the portion of the Work
completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work,
and (3) to determine in general if the Work is being performed in a manner indicating that the
Work, when fully completed, will be in accordance with the Contract Documents. However,
the Architect will not be required to make exhaustive or continuous on-site inspections to
check the quality or quantity of the Work. The Architect will neither have control over or
charge of, nor be responsible for, the construction means, methods, techniques, sequences or
procedures, or for the safety precautions and programs in connection with the Work, since
these are solely the Contractor's rights and responsibilities under the Contract Documents,
except as provided in Subparagraph 3.3.1.
4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work
in accordance with the requirements of the Contract Documents. The Architect will not have
control over or charge of and will not be responsible for acts or omissions of the Contractor, THIS DOCUMENT HAS IMPORTANT LEGAL
Subcontractors, or their agents or employees, or any other persons or entities performing CONSEQUENCES.CONSULTATION WITH AN
portions of the Work. ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
4.2.4 Communications Facilitating Contract Administration. Except as otherwise ELECTRONICALLY DRAFTED AIA
MODIFICATION.AUTHENTICATION OF THIS
provided in the Contract Documents or when direct communications have been specially DOCUMENT MAY BE MADE BY USING AIA
authorized,the Owner and Contractor shall endeavor to communicate with each other through DOCUMENT D401.
the Architect about matters arising out of or relating to the Contract.Communications by and
with the Architect's consultants shall be through the Architect. Communications by and with This document has been approved and
Subcontractors and material suppliers shall be through the Contractor. Communications by endorsed by The Associated General
and with separate contractors shall be through the Owner. Contractors of America.
4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment,the
Architect will review and certify the amounts due the Contractor and will issue Certificates for
Payment in such amounts.
4.2.6 The Architect will have authority to reject Work that does not conform to the
Contract Documents.Whenever the Architect considers it necessary or advisable,the Architect
will have authority to require inspection or testing of the Work in accordance with
Subparagraphs 13.5.2 and 13.5.3,whether or not such Work is fabricated,installed or completed.
However, neither this authority of the Architect nor a decision made in good faith either to
exercise or not to exercise such authority shall give rise to a duty or responsibility of the
Architect to the Contractor,Subcontractors,material and equipment suppliers,their agents or
employees,or other persons or entities performing portions of the Work.
4.2.7 The Architect will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents.The Architect's action will be taken with such reasonable
promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or
separate contractors,while allowing sufficient time in the Architect's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities,
or for substantiating instructions for installation or performance of equipment or systems,all of
which remain the responsibility of the Contractor as required by the Contract Documents.The
Architect's review of the Contractor's submittals shall not relieve the Contractor of the ,
obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute
approval of safety precautions or, unless otherwise specifically stated by the Architect, of any
construction means,methods,techniques,sequences or procedures.The Architect's approval of
a specific item shall not indicate approval of an assembly of which the item is a component. O19`"^'^®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 9 1, 1915, 1918, 1925, 1937, , 1958, 9 1966, 19 0, 19 1987, ® 99 y e CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue, N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia — 12/312002. AIA License Number 1008538, which expires on
9/3/2003.
19
111111110 W
4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and
may authorize minor changes in the Work as provided in Paragraph 7.4.
4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial
Completion and the date of final completion, will receive and forward to the Owner, for the
Owner's review and records,written warranties and related documents required by the Contract
and assembled by the Contractor, and will issue a final Certificate for Payment upon
compliance with the requirements of the Contract Documents.
4.2.10 If the Owner and Architect agree, the Architect will provide one or more project
representatives to assist in carrying out the Architect's responsibilities at the site. The duties,
responsibilities and limitations of authority of such project representatives shall be as set forth
in an exhibit to be incorporated in the Contract Documents.
4.2.11 The Architect will interpret and decide matters concerning performance under and THIS DOCUMENT HAS IMPORTANT LEGAL
requirements of, the Contract Documents on written request of either the Owner or ATTORNEY CONSEQUENCES.
NCOURA CONSULTATION W1THAN
ATTORNEY IS ENCOURAGED WITH
Contractor. The Architect's response to such requests will be made in writing within any time RESPECT TO ITS COMPLETION OR
limits agreed upon or otherwise with reasonable promptness. If no agreement is made MODIFICATION.AUTHENTICATION OF THIS
concerning the time within which interpretations required of the Architect shall be furnished in ELECTRONICALLY DRAFTED AIA
compliance with this Paragraph 4.2,then delay shall not be recognized on account of failure by DOCUMENT MAY BE MADE BY USING AIA
the Architect to furnish such interpretations until 15 days after written request is made for DOCUMENT MI.
them.
This document has been approved and
4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and endorsed by The Associated General
reasonably inferable from the Contract Documents and will be in writing or in the form of Contractors of America.
drawings. When making such interpretations and initial decisions,the Architect will endeavor
to secure faithful performance by both Owner and Contractor,will not show partiality to either
and will not be liable for results of interpretations or decisions so rendered in good faith.
4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if
consistent with the intent expressed in the Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a
matter of right, adjustment or interpretation of Contract terms, payment of money,extension
of time or other relief with respect to the terms of the Contract.The term"Claim"also includes
other disputes and matters in question between the Owner and Contractor arising out of or
relating to the Contract. Claims must be initiated by written notice. The responsibility to
substantiate Claims shall rest with the party making the Claim.
4.3.2 Time Limits on Claims.Claims by either party must be initiated within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim,whichever is later.Claims must be initiated by
written notice to the Architect and the other party.
4.3.3 Continuing Contract Performance. Pending final resolution,of a Claim except as
otherwise agreed in writing or as provided in Subparagraph 9.7.1 and Article 14,the Contractor
shall proceed diligently with performance of the Contract and the Owner shall continue to
make payments in accordance with the Contract Documents. y
4.3.4 Claims for Concealed or Unknown Conditions.If conditions are encountered at
the site which are (1) subsurface or otherwise concealed physical conditions which differ
materially from those indicated in the Contract Documents or (2) unknown physical 01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 9 8 , 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia — 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
20
conditions of an unusual nature, which differ materially from those ordinarily found to exist
and generally recognized as inherent in construction activities of the character provided for in
the Contract Documents, then notice by the observing party shall be given to the other party
promptly before conditions are disturbed and in no event later than u days after first
observance of the conditions. The Architect will promptly investigate such conditions and, if
they differ materially and cause an increase or decrease in the Contractor's cost of, or time
required for,performance of any part of the Work,will recommend an equitable adjustment in
the Contract Sum or Contract Time,or both. If the Architect determines that the conditions at
the site are not materially different from those indicated in the Contract Documents and that
no change in the terms of the Contract is justified,the Architect shall so notify the Owner and
Contractor in writing, stating the reasons. Claims by either party in opposition to such
determination must be made within u days after the Architect has given notice of the decision.
If the conditions encountered are materially different, the Contract Sum and Contract Time
shall be equitably adjusted,but if the Owner and Contractor cannot agree on an adjustment in
the Contract Sum or Contract Time,the adjustment shall be referred to the Architect for initial
determination,subject to further proceedings pursuant to Paragraph 4.4• THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEOUENCES.CONSULTATION WITH AN
4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an ATTORNEY IS ENCOURAGED WITH
increase in the Contract Sum, written notice as provided herein shall be given before RESPECT TO ITS COMPLETION OR
proceeding to execute the Work. Prior notice is not required for Claims relating to an MODIFICATION.AUTHENTICATION OF THIS
emergency endangering life or property arising under Paragraph io.6. ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
4.3.6 If the Contractor believes additional cost is involved for reasons including but not DOCUMENT D401.
limited to(1) a written interpretation from the Architect, (2)an order by the Owner to stop the This document has been approved and
Work where the Contractor was not at fault,(3)a written order for a minor change in the Work endorsed by The Associated General
issued by the Architect,(4)failure of payment by the Owner,(5)termination of the Contract by Contractors of America.
the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in
accordance with this Paragraph 4.3•
4.3.7 Claims for Additional Time
4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time,written
notice as provided herein shall be given. The Contractor's Claim shall include an estimate of
cost and of probable effect of delay on progress of the Work. In the case of a continuing delay
only one Claim is necessary.
4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time, could not have been reasonably anticipated and had an adverse effect on the
scheduled construction.
4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers
injury or damage to person or property because of an act or omission of the other party,or of
others for whose acts such party is legally responsible,written notice of such injury or damage,
whether or not insured,shall be given to the other party within a reasonable time not exceeding
u days after discovery. The notice shall provide sufficient detail to enable the other party to
investigate the matter.
4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon,and
if quantities originally contemplated are materially changed in a proposed Change Order or
Construction Change Directive so that application of such unit prices to quantities of Work
proposed will cause substantial inequity to the Owner or Contractor,the applicable unit prices f
shall be equitably adjusted.
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 5, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 9 9 1970, 1976, 1987 0 99 y e CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington, D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. user
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
21
Ae
4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims
against each other for consequential damages arising out of or relating to this Contract. This
mutual waiver includes:
l damages incurred by the Owner for rental expenses, for losses of use, income,
profit, financing, business and reputation, and for loss of management or
employee productivity or of the services of such persons;and
.2 damages incurred by the Contractor for principal office expenses including the
compensation of personnel stationed there, for losses of financing, business and
reputation, and for loss of profit except anticipated profit arising directly from
the Work.
This mutual waiver is applicable,without limitation,to all consequential damages due to either
party's termination in accordance with Article 14.Nothing contained in this Subparagraph 4.3.10
shall be deemed to preclude an award of liquidated direct damages, when applicable, in
accordance with the requirements of the Contract Documents.
THIS DOCUMENT HAS IMPORTANT LEGAL
4.4 RESOLUTION OF CLAIMS AND DISPUTES CONSEQUENCES.CONSULTATION WITH AN
ATTORNEY 15 ENCOURAGED WITH
4.4.1 Decision of Architect. Claims,including those alleging an error or omission by the RESPECT TO ITS COMPLETION OR
Architect but excluding those arising under Paragraphs 10.3 through 10.5, shall be referred MODIFICATION.AUTHENTICATION OF THIS
initially to the Architect for decision.An initial decision by the Architect shall be required as a ELECTRONICALLY DRAFTED AIA
condition precedent to mediation,arbitration or litigation of all Claims between the Contractor DOCUMENT MAY BE MADE BY USING AIA
and Owner arising prior to the date final payment is due, unless 3o days have passed after the DOCUMENT D401.
Claim has been referred to the Architect with no decision having been rendered by the
Architect. The Architect will not decide disputes between the Contractor and persons or This document has been approved and
entities other than the Owner. endorsed by The Associated General
Contractors of America.
4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take
one or more of the following actions: (1)request additional supporting data from the claimant
or a response with supporting data from the other party, (2) reject the Claim in whole or in
part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the
Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate
the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it
would be inappropriate for the Architect to resolve the Claim.
4.4.3 In evaluating Claims,the Architect may,but shall not be obligated to,consult with or
seek information from either party or from persons with special knowledge or expertise who
may assist the Architect in rendering a decision. The Architect may request the Owner to
authorize retention of such persons at the Owner's expense.
4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish
additional supporting data, such party shall respond, within ten days after receipt of such
request, and shall either provide a response on the requested supporting data, advise the
Architect when the response or supporting data will be furnished or advise the Architect that no
supporting data will be furnished.Upon receipt of the response or supporting data,if any,the
Architect will either reject or approve the Claim in whole or in part.
4.4.5 The Architect will approve or reject Claims by written decision,which shall state the
reasons therefor and which shall notify the parties of any change in the Contract Sum or
Contract Time or both.The approval or rejection of a Claim by the Architect shall be final and
binding on the parties butsubject to mediation and arbitration. ,,
�,
4.4.6 When a written decision of the Architect states that(1)the decision is final but subject
to mediation and arbitration and (2) a demand for arbitration of a Claim covered by such
decision must be made within 3o days after the date on which the party making the demand 01997 AIA®
receives the final written decision, then failure to demand arbitration within said 3o days' AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
b opyng t 1911, 1915, 1918, 1925, 1937, 1951, 19S8, 1961, 1963, 9 9 1970, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
22
period shall result in the Architect's decision becoming final and binding upon the Owner and
Contractor. If the Architect renders a decision after arbitration proceedings have been initiated,
such decision may be entered as evidence, but shall not supersede arbitration proceedings
unless the decision is acceptable to all parties concerned.
4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the
Architect or the Owner may,but is not obligated to,notify the surety,if any,of the nature and
amount of the Claim.If the Claim relates to a possibility of a Contractor's default,the Architect
or the Owner may,but is not obligated to,notify the surety and request the surety's assistance
in resolving the controversy.
4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such
Claim may proceed in accordance with applicable law to comply with the lien notice or filing
deadlines prior to resolution of the Claim by the Architect,by mediation or by arbitration.
4.5 MEDIATION THIS DOCUMENT HAS IMPORTANT LEGAL
4.5.1 An Claim arising out of or related to the Contract,except Claims relating to aesthetic CONSEQUENCES.CONSULTATION WITH AN
Y g P g ATTORNEY IS ENCOURAGED WITH
effect and except those waived as provided for in Subparagraphs 4.3.10, 9.10.4 and 9.10.5 shall, RESPECT TO IT5 COMPLETION OR
after initial decision by the Architect or 3o days after submission of the Claim to the Architect, MODIFICATION.AUTHENTICATION OF THIS
be subject to mediation as a condition precedent to arbitration or the institution of legal or ELECTRONICALLY DRAFTED AIA
equitable proceedings by either party. DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the
parties mutually agree otherwise, shall be in accordance with the Construction Industry This document has been approved and
Mediation Rules of the American Arbitration Association currently in effect. Request for endorsed by The Associated General
mediation shall be filed in writing with the other party to the Contract and with the American Contractors of America.
Arbitration Association.The request may be made concurrently with the filing of a demand for
arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or
equitable proceedings,which shall be stayed pending mediation for a period of 6o days from
the date of filing,unless stayed for a longer period by agreement of the parties or court I order.
4.5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements
in any court having jurisdiction thereof.
4.6 ARBITRATION
4.6.1 Any Claim arising out of or related to the Contract,except Claims relating to aesthetic
effect and except those waived as provided for in Subparagraphs 4.3.10,9.10.4 and 9.10.5, shall,
after decision by the Architect or 3o days after submission of the Claim to the Architect, be
subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by
mediation in accordance with the provisions of Paragraph 4.5•
4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the
parties mutually agree otherwise, shall be in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association currently in effect.The demand for
arbitration shall be filed in writing with the other party to the Contract and with the American "=
Arbitration Association,and a copy shall be filed with the Architect.
4.6.3 A demand for arbitration shall be made within the time limits specified in
Subparagraphs 4.4.6 and 4.6.1 as applicable,and in other cases within a reasonable time after the
Claim has arisen, and in no event shall it be made after the date when institution of legal or
equitable proceedings based on such Claim would be barred by the applicable statute of
limitations as determined pursuant to Paragraph 13.7. 01"7 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 9 5, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, ® 99 e y CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
23
4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating
to the Contract shall include,by consolidation or joinder or in any other manner,the Architect,
the Architect's employees or consultants, except by written consent containing specific
reference to the Agreement and signed by the Architect, Owner, Contractor and any other
person or entity sought to be joined.No arbitration shall include,by consolidation or joinder or
in any other manner, parties other than the Owner, Contractor, a separate contractor as
described in Article 6 and other persons substantially involved in a common question of fact or
law whose presence is required if complete relief is to be accorded in arbitration. No person or
entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall
be included as an original third party or additional third party to an arbitration whose interest
or responsibility is insubstantial.Consent to arbitration involving an additional person or entity
shall not constitute consent to arbitration of a Claim not described therein or with a person or
entity not named or described therein. The foregoing agreement to arbitrate and other
agreements to arbitrate with an additional person or entity duly consented to by parties to the
Agreement shall be specifically enforceable under applicable law in any court having
jurisdiction thereof. THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES.CONSULTATION WITH AN
4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for ATTORNEY IS ENCOURAGED WITH
arbitration must assert in the demand all Claims then known to that party on which arbitration RESPECT TO ITS COMPLETION OR
is permitted to be demanded. MODIFICATION.AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
4.6.6 Judgment on Final Award. The award rendered b the arbitrator or arbitrators DOCUMENT MAY BE MADE BY USING AIA
g Y DOCUMENT D401.
shall be final, and judgment may be entered upon it in accordance with applicable law in any
court having jurisdiction thereof. This document has been approved and
endorsed by The Associated General
ARTICLE 5 SUBCONTRACTORS Contractors of America.
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include a separate
contractor or subcontractors of a separate contractor.
5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF
THE WORK
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements,the
Contractor, as soon as practicable after award of the Contract,shall furnish in writing to the
Owner through the Architect the names of persons or entities (including those who are to
furnish materials or equipment fabricated to a special design) proposed for each principal
portion of the Work. The Architect will promptly reply to the Contractor in writing stating
whether or not the Owner or the Architect,after due investigation,has reasonable objection to
any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall
constitute notice of no reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to whom the
Owner or Architect has made reasonable and timely objection. The Contractor shall not be f' ' �
required to contract with anyone to whom the Contractor has made reasonable objection.
01997 AIA®
AIA DOCUMENT A201- 1997
GENERAL CONDITIONS OF THE
*Copyright 915, 1918, 1925, 1937, 1951, 1958, 1961966,1, 1963, 1967, 1970, 1976, 1987, by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia — 12/312002. AIA License Number 1008538, which expires on
9/3/2003.
24
5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by
the Contractor, the Contractor shall propose another to whom the Owner or Architect has no
reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of
performing the Work,the Contract Sum and Contract Time shall be increased or decreased by
the difference, if any, occasioned by such change, and an appropriate Change Order shall be
issued before commencement of the substitute Subcontractor's Work. However,no increase in
the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has
acted promptly and responsively in submitting names as required.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected
if the Owner or Architect makes reasonable objection to such substitute.
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement,written where legally required for validity, the Contractor
shall require each Subcontractor, to the extent of the Work to be performed by the THIS DOCUMENT HAS IMPORTANT LEGAL
Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to CONSEQUENCES.CONSULTATION WITH AN
assume toward the Contractor all the obligations and responsibilities, includin g the
responsibility for safety of the Subcontractor's Work, which the Contractor, b these ATTORNEY 15 ENCOURAGED WITH
Y RESPECT TO ITS COMPLETION OR
Documents, assumes toward the Owner and Architect. Each subcontract agreement shall MODIFICATION.AUTHENTICATION OF TH15
preserve and protect the rights of the Owner and Architect under the Contract Documents with ELECTRONICALLY DRAFTED AIA
respect to the Work to be performed by the Subcontractor so that subcontracting thereof will DOCUMENT MAY BE MADE BY USING AIA
not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided DOCUMENT D401.
otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against
the Contractor that the Contractor,by the Contract Documents,has against the Owner.Where This document has been approved and
appropriate, the Contractor shall require each Subcontractor to enter into similar agreements endorsed by The Associated General
with Sub-subcontractors.The Contractor shall make available to each proposed Subcontractor, Contractors of America.
prior to the execution of the subcontract agreement, copies of the Contract Documents to
which the Subcontractor will be bound, and, upon written request of the Subcontractor,
identify to the Subcontractor terms and conditions of the proposed subcontract agreement
which may be at variance with the Contract Documents. Subcontractors will similarly make
copies of applicable portions of such documents available to their respective proposed Sub-
subcontractors.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
I assignment is effective only after termination of the Contract by the Owner for
cause pursuant to Paragraph 14.2 and only for those subcontract agreements
which the Owner accepts by notifying the Subcontractor and Contractor in
writing;and
.2 assignment is subject to the prior rights of the surety,if any,obligated under bond
relating to the Contract.
5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days,the
Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from
the suspension.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD
SEPARATE CONTRACTS 1W. ,;
6.1.1 The Owner reserves the right to perform construction or operations related to the f�"
Project with the Owner's own forces,and to award separate contracts in connection with other
portions of the Project or other construction or operations on the site under Conditions of the
Contract identical or substantially similar to these including those portions related to insurance 01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 9 , 1915, 1918, 1925, 1937, 1951, 1958, 1961, 9 9 6, 1967, 1970, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/312003.
25
and waiver of subrogation. If the Contractor claims that delay or additional cost is involved
because of such action by the Owner, the Contractor shall make such Claim as provided in
Paragraph 4.3•
6.1.2 When separate contracts are awarded for different portions of the Project or other
construction or operations on the site, the term "Contractor" in the Contract Documents in
each case shall mean the Contractor who executes each separate Owner-Contractor Agreement.
6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces
and of each separate contractor with the Work of the Contractor, who shall cooperate with
them. The Contractor shall participate with other separate contractors and the Owner in
reviewing their construction schedules when directed to do so. The Contractor shall make any
revisions to the construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall then constitute the schedules to be used by the
Contractor,separate contractors and the Other until subsequently revised.
THIS DOCUMENT HAS IMPORTANT LEGAL
6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs CONSEQUENCES.CONSULTATION WITH AN
construction or operations related to the Project with the Owner's own forces,the Owner shall ATTORNEY 15 ENCOURAGED WITH
be deemed to be subject to the same obligations and to have the same rights which apply to the RESPECT TO ITS COMPLETION OR
1 g g PP y MODIFICATION.AUTHENTICATION OF THIS
Contractor under the Conditions of the Contract, including, without excluding others, those ELECTRONICALLY DRAFTED AIA
stated in Article 3,this Article 6 and Articles io,11 and 12. DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall afford the Owner and separate contractors reasonable This document has been approved and
opportunity for introduction and storage of their materials and equipment and performance of endorsed by The Associated General
their activities, and shall connect and coordinate the Contractor's construction and operations Contractors of America.
with theirs as required by the Contract Documents.
6.2.2 If part of the Contractors Work depends for proper execution or results upon
construction or operations by the Owner or a separate contractor,the Contractor shall,prior to
proceeding with that portion of the Work, promptly report to the Architect apparent
discrepancies or defects in such other construction that would render it unsuitable for such
proper execution and results. Failure of the Contractor so to report shall constitute an
acknowledgment that the Owner's or separate contractor's completed or partially completed
construction is fit and proper to receive the Contractor's Work, except as to defects not then
reasonably discoverable.
6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner
which are payable to a separate contractor because of delays, improperly timed activities or
defective construction of the Contractor.The Owner shall be responsible to the Contractor for
costs incurred by the Contractor because of delays,improperly timed activities, damage to the
Work or defective construction of a separate contractor.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor
to completed or partially completed construction or to properly of the Owner or separate
contractors as provided in Subparagraph 10.2.5.
a.
6.2.5 The Owner and each separate contractor shall have the same responsibilities for
cutting and patching as are described for the Contractor in Subparagraph 3.14.
� r
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among the Contractor,separate contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 8, 1925, 11958,937, 1951, 9 67, 1970, 1976, 1987, Q 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia — 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
26
111111110 4
area free from waste materials and rubbish, the Owner may clean up and the Architect will
allocate the cost among those responsible.
ARTICLE 7 CHANGES IN THE WORK
7.1 GENERAL
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and
without invalidating the Contract, by Change Order, Construction Change Directive or order
for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere
in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and
Architect; a Construction Change Directive requires agreement by the Owner and Architect
and may or may not be agreed to by the Contractor;an order for a minor change in the Work
may be issued by the Architect alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract THIS DOCUMENT HAS IMPORTANT LEGAL
g p pp p CONSEQUENCES.CONSULTATION WITHAN
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the ATTORNEY IS ENCOURAGED WITH
Change Order,Construction Change Directive or order for a minor change in the Work. RESPECT TO ITS COMPLETION OR
MODIFICATION.AUTHENTICATION OF THIS
7.2 CHANGE ORDERS ELECTRONICALLY DRAFTED AIA
7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the DOCUMENT MAY BE MADE BY USING AIA
Owner,Contractor and Architect,stating their agreement upon all of the following: DOCUMENT D401.
This document has been approved and
1 change in the Work; endorsed by The Associated General
.2 the amount of the adjustment,if any,in the Contract Sum;and Contractors of America.
.3 the extent of the adjustment,if any,in the Contract Time.
7.2.2 Methods used in determining adjustments to the Contract Sum may include those
listed in Subparagraph 7.3.3•
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order prepared by the Architect and
signed by the Owner and Architect, directing a change in the Work prior to agreement on
adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by
Construction Change Directive,without invalidating the Contract,order changes in the Work
within the general scope of the Contract consisting of additions, deletions or other revisions,
the Contract Sum and Contract Time being adjusted accordingly.
7.3.2 A Construction Change Directive shall be used in the absence of total agreement on
the terms of a Change Order.
7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum,
the adjustment shall be based on one of the following methods:
1 mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation;
.2 unit prices stated in the Contract Documents or subsequently agreed upon;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;or
.4 as provided in Subparagraph 7.3.6.
>r�
7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly
proceed with the change in the Work involved and advise the Architect of the Contractor's 01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 19 5, 1918, 1925, 11958,937, 1951, 1961, 1963, 9 9 0, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
27
agreement or disagreement with the method, if any, provided in the Construction Change
Directive for determining the proposed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of
the Contractor therewith, including adjustment in Contract Sum and Contract Time or the
method for determining them. Such agreement shall be effective immediately and shall be
recorded as a Change Order.
7.3.6 If the Contractor does not respond promptly or disagrees with the method for
adjustment in the Contract Sum, the method and the adjustment shall be determined by the
Architect on the basis of reasonable expenditures and savings of those performing the Work
attributable to the change,including,in case of an increase in the Contract Sum, a reasonable
allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor
shall keep and present, in such form as the Architect may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwise provided in the Contract
Documents,costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: THIS DOCUMENT HAS IMPORTANT LEGAL
1 costs of labor, including social security, old age and unemployment insurance, CONSEQUENCES.CONSULTATION WITH AN
fringe benefits required b agreement or custom, and workers' compensation ATTORNEY IS ENCOURAGED WITH
g q Y g P RESPECT TO ITS COMPLETION OR
insurance; MODIFICATION.AUTHENTICATION Of THIS
.2 costs of materials, supplies and equipment, including cost of transportation, ELECTRONICALLY DRAFTED AIA
whether incorporated or consumed; DOCUMENT MAY BE MADE BY USING AIA
.3 rental costs of machinery and equipment,exclusive of hand tools,whether rented DOCUMENT D401.
from the Contractor or others;
.4 costs of premiums for all bonds and insurance, permit fees, and sales, use or This document has been approved and
endorsed by The Associated General
similar taxes related to the Work;and
Contractors of America.
.5 additional costs of supervision and field office personnel directly attributable to
the change.
7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or
change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed
by the Architect. When both additions and credits covering related Work or substitutions are
involved in a change,the allowance for overhead and profit shall be figured on the basis of net
increase,if any,with respect to that change.
7.3.8 Pending final determination of the total cost of a Construction Change Directive to
the Owner, amounts not in dispute for such changes in the Work shall be included in
Applications for Payment accompanied by a Change Order indicating the parties' agreement
with part or all of such costs.For any portion of such cost that remains in dispute,the Architect
will make an interim determination for purposes of monthly certification for payment for those
costs.That determination of cost shall adjust the Contract Sum on the same basis as a Change
Order, subject to the right of either party to disagree and assert a claim in accordance with
Article 4.
7.3.9 When the Owner and Contractor agree with the determination made by the Architect
concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach
agreement upon the adjustments, such agreement shall be effective immediately and shall be
recorded by preparation and execution of an appropriate Change Order.
7.4 MINOR CHANGES IN THE WORKt
7.4.1 The Architect will have authority to order minor changes in the Work not involving
adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with
the intent of the Contract Documents.Such changes shall be effected by written order and shall r�
be binding on the Owner and Contractor. The Contractor shall carry out such written orders
01997 AIA®
promptly. AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 11918,911, 1915, 1925, 1937, 1951, 9 9 1966, 1967, 1970, 1976, 1987, (D 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
28
ARTICLE 8 TIME
8.1 DEFINITIONS
8.1.1 Unless otherwise provided,Contract Time is the period of time, including authorized
adjustments,allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement.
8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance
with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.2 PROGRESS AND COMPLETION THIS DOCUMENT HAS IMPORTANT LEGAL
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By CONSEQUENCES.CONSULTATIONWITHAN
executing the Agreement the Contractor confirms that the Contract Time is a reasonable ATTORNEY 15 ENCOURAGED WITH
period for performing the Work. RESPECT TO ITS COMPLETION OR
MODIFICATION.AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
8.2.2 The Contractor shall not knowingly,except by agreement or instruction of the Owner DOCUMENT MAY BE MADE BY USING AIA
in writing, prematurely commence operations on the site or elsewhere prior to the effective DOCUMENT D401.
date of insurance required by Article ii to be furnished by the Contractor and Owner.The date
of commencement of the Work shall not be changed by the effective date of such insurance. This document has been approved and
Unless the date of commencement is established by the Contract Documents or a notice to endorsed by The Associated General
proceed given by the Owner,the Contractor shall notify the Owner in writing not less than five Contractors of America.
days or other agreed period before commencing the Work to permit the timely filing of
mortgages,mechanic's liens and other security interests.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work
by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate
contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes,
fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's
control, or by delay authorized by the Owner pending mediation and arbitration, or by other
causes which the Architect determines may justify delay, then the Contract Time shall be
extended by Change Order for such reasonable time as the Architect may determine.
8.3.2 Claims relating to time shall be made in accordance with applicable provisions of
Paragraph 4.3.
8.3.3 This Paragraph 8.3 does not preclude recovery of damages for delay by either party
under other provisions of the Contract Documents.
ARTICLE 9 PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and,including authorized adjustments,
is the total amount payable by the Owner to the Contractor for performance of the Work under fVi�'r.
the Contract Documents.
9.2 SCHEDULE OF VALUES 01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
z opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 9 9 1970, 1987, O 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C. 20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 Beni conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
29
9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect
a schedule of values allocated to various portions of the Work, prepared in such form and
supported by such data to substantiate its accuracy as the Architect may require.This schedule,
unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date established for each progress payment,the Contractor
shall submit to the Architect an itemized Application for Payment for operations completed in
accordance with the schedule of values. Such application shall be notarized, if required, and
supported by such data substantiating the Contractor's right to payment as the Owner or
Architect may require, such as copies of requisitions from Subcontractors and material
suppliers,and reflecting retainage if provided for in the Contract Documents.
9.3.1.1 As provided in Subparagraph 7.3.8, such applications may include requests for TH15 DOCUMENT HAS IMPORTANT LEGAL
payment on account of changes in the Work which have been properly authorized by CONSEOUENCES.CONSULTATION WITHAN
Construction Change Directives, or by interim determinations of the Architect, but not yet ATTORNEY IS ENCOURAGED WITH
included in Change Orders. RESPECT TO ITS COMPLETION OR
MODIFICATION.AUTHENTICATION OF THIS
9.3.1.2 Such applications may not include requests for payment for portions of the Work for ELECTRONICALLY DRAFTED AIA
which the Contractor does not intend to pay to a Subcontractor or material supplier, unless DOCUMENT MAY BE MADE BY USING AIA
such Work has been performed by others whom the Contractor intends to pay. DOCUMENT MI.
9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on This document has been approved and
account of materials and equipment delivered and suitably stored at the site for subsequent endorsed by The Associated General
incorporation in the Work. If approved in advance by the Owner, payment may similarly be Contractors of America.
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned
upon compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include the costs of applicable insurance, storage and transportation to the site for such
materials and equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment
will pass to the Owner no later than the time of payment.The Contractor further warrants that
upon submittal of an Application for Payment all Work for which Certificates for Payment
have been previously issued and payments received from the Owner shall, to the best of the
Contractor's knowledge, information and belief, be free and clear of liens, claims, security
interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or
other persons or entities making a claim by reason of having provided labor, materials and
equipment relating to the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will,within seven days after receipt of the Contractor's Application for
Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor,for
such amount as the Architect determines is properly due,or notify the Contractor and Owner
in writing of the Architect's reasons for withholding certification in whole or in part as
provided in Subparagraph 9.5.1.
9.4.2 The issuance of a Certificate for Payment will constitute a representation by the . �A
Architect to the Owner, based on the Architect's evaluation of the Work and the data �f+�,��
comprising the Application for Payment, that the Work has progressed to the point indicated
and that, to the best of the Architect's knowledge, information and belief, the quality of the
Work is in accordance with the Contract Documents.The foregoing representations are subject 01997 AIA®
to an evaluation of the Work for conformance with the Contract Documents upon Substantial AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyrlg t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 9 8 , 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
30
Completion, to results of subsequent tests and inspections, to correction of minor deviations
from the Contract Documents prior to completion and to specific qualifications expressed by
the Architect.The issuance of a Certificate for Payment will further constitute a representation
that the Contractor is entitled to payment in the amount certified. However,the issuance of a
Certificate for Payment will not be a representation that the Architect has (1) made exhaustive
or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to payment, or (4) made examination to
ascertain how or for what purpose the Contractor has used money previously paid on account
of the Contract Sum.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the
extent reasonably necessary to protect the Owner, if in the Architect's opinion the
representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect THIS DOCUMENT HAS IMPORTANT LEGAL
is unable to certify payment in the amount of the Application, the Architect will notify the CONSEQUENCES.CONSULTATION WITHAN
Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect ATTORNEY 15 ENCOURAGED WITH
cannot agree on a revised amount,the Architect will promptly issue a Certificate for Payment RESPECT TO ITS COMPLETION OR
for the amount for which the Architect is able to make such representations to the Owner.The MODIFICATION.AUTHENTICATION OF THIS
Architect may also withhold a Certificate for Payment or, because of subsequently discovered ELECTRONICALLY DRAFTED AIA
evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such DOCUMENT MAY BE MADE BY USING AIA
extent as may be necessary in the Architect's opinion to protect the Owner from loss for which DOCUMENT MI.
the Contractor is responsible, including loss resulting from acts and omissions described in This document has been approved and
Subparagraph 3.3.2,because of:
endorsed by The Associated General
.1 defective Work not remedied; Contractors of America.
.2 third party claims filed or reasonable evidence indicating probable filing of such
claims unless security acceptable to the Owner is provided by the Contractor;
.3 failure of the Contractor to make payments properly to Subcontractors or for
labor,materials or equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of
the Contract Sum;
.5 damage to the Owner or another contractor;
.6 reasonable evidence that the Work will not be completed within the Contract
Time, and that the unpaid balance would not be adequate to cover actual or
liquidated damages for the anticipated delay-,or
.7 persistent failure to carry out the Work in accordance with the Contract
Documents.
9.5.2 When the above reasons for withholding certification are removed, certification will
be made for amounts previously withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make
payment in the manner and within the time provided in the Contract Documents,and shall so
notify the Architect.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment
from the Owner,out of the amount paid to the Contractor on account of such Subcontractor's
portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages
actually retained from payments to the Contractor on account of such Subcontractor's portion
of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require
each Subcontractor to make payments to Sub-subcontractors in a similar manner. 01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 9 8, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia — 12/312002. AIA License Number 1008538, which expires on
9/3/2003.
31
9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information
regarding percentages of completion or amounts applied for by the Contractor and action
taken thereon by the Architect and Owner on account of portions of the Work done by such
Subcontractor.
9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the
payment of money to a Subcontractor except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2,9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of
the Project by the Owner shall not constitute acceptance of Work not in accordance with the
Contract Documents.
THIS DOCUMENT HAS IMPORTANT LEGAL
9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum CONSEQUENCES.CONSULTATION WITHAN
of the Contract Sum, payments received by the Contractor for Work properly performed by ATTORNEY 15 ENCOURAGED WITH
Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or RESPECT TO ITS COMPLETION OR
suppliers who performed Work or furnished materials, or both, under contract with the MODIFICATION.AUTHENTICATION OF THIS
Contractor for which payment was made by the Owner.Nothing contained herein shall require ELECTRONICALLY DRAFTED AIA
money to be placed in a separate account and not commingled with money of the Contractor, DOCUMENT MAY BE MADE BY USING AIA
shall create any fiduciary liability or tort liability on the part of the Contractor for breach of DOCUMENT D401.
trust or shall entitle any person or entity to an award of punitive damages against the
Contractor for breach of the requirements of this provision. This document has been approved and
endorsed by The Associated General
9.7 FAILURE OF PAYMENT Contractors of America.
9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the
Contractor, within seven days after receipt of the Contractors Application for Payment, or if
the Owner does not pay the Contractor within seven days after the date established in the
Contract Documents the amount certified by the Architect or awarded by arbitration,then the
Contractor may, upon seven additional days' written notice to the Owner and Architect, stop
the Work until payment of the amount owing has been received. The Contract Time shall be
extended appropriately and the Contract Sum shall be increased by the amount of the
Contractor's reasonable costs of shut-down,delay and start-up,plus interest as provided for in
the Contract Documents.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or
designated portion thereof is sufficiently complete in accordance with the Contract Documents
so that the Owner can occupy or utilize the Work for its intended use.
9.8.2 When the Contractor considers that the Work,or a portion thereof which the Owner
agrees to accept separately, is substantially complete,the Contractor shall prepare and submit
to the Architect a comprehensive list of items to be completed or corrected prior to final
payment. Failure to include an item on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to
determine whether the Work or designated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not included on the Contractor's list,
which is not sufficiently complete in accordance with the Contract Documents so that the � 'ti '�i."
Owner can occupy or utilize the Work or designated portion thereof for its intended use, the
Contractor shall, before issuance of the Certificate of Substantial Completion, complete or
01997 AIA®
AIA DOCUMENT A201- 1997
GENERAL CONDITIONS OF THE
» opyrig t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 9 9 6, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia — 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
32
correct such item upon notification by the Architect. In such case, the Contractor shall then
submit a request for another inspection by the Architect to determine Substantial Completion.
9.8.4 When the Work or designated portion thereof is substantially complete,the Architect
will prepare a Certificate of Substantial Completion which shall establish the date of Substantial
Completion, shall establish responsibilities of the Owner and Contractor for security,
maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within
which the Contractor shall finish all items on the list accompanying the Certificate.Warranties
required by the Contract Documents shall commence on the date of Substantial Completion of
the Work or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion.
9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and
Contractor for their written acceptance of responsibilities assigned to them in such Certificate.
Upon such acceptance and consent of surety, if any, the Owner shall make payment of
retainage applying to such Work or designated portion thereof.Such payment shall be adjusted THIS DOCUMENT HAS IMPORTANT LEGAL
for Work that is incomplete or not in accordance with the requirements of the Contract CONSEQUENCES.CONSULTATION WITH AN
Documents. ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
9.9 PARTIAL OCCUPANCY OR USE
MODIFICATION.AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
9.9.1 The Owner may occupy or use any completed or partially completed portion of the DOCUMENT MAY BE MADE BY USING AIA
Work at any stage when such portion is designated by separate agreement with the Contractor, DOCUMENT D401.
provided such occupancy or use is consented to by the insurer as required under Clause u.4.1.5
and authorized by public authorities having jurisdiction over the Work.Such partial occupancy This document has been approved and
or use may commence whether or not the portion is substantially complete, provided the endorsed by The Associated General
Owner and Contractor have accepted in writing the responsibilities assigned to each of them Contractors of America.
for payments, retainage,if any,security,maintenance,heat,utilities,damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete,the Contractor shall prepare and submit a list to the
Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial
occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work
shall be determined by written agreement between the Owner and Contractor or, if no
agreement is reached,by decision of the Architect.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and
Architect shall jointly inspect the area to be occupied or portion of the Work to be used in
order to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon receipt of written notice that the Work is ready for final inspection and
acceptance and upon receipt of a final Application for Payment, the Architect will promptly
make such inspection and,when the Architect finds the Work acceptable under the Contract •�
Documents and the Contract fully performed, the Architect will promptly issue a final
Certificate for Payment stating that to the best of the Architect's knowledge,information and
belief, and on the basis of the Architect's on-site visits and inspections, the Work has been t+,
completed in accordance with terms and conditions of the Contract Documents and that the fs
entire balance found to be due the Contractor and noted in the final Certificate is due and
payable. The Architect's final Certificate for Payment will constitute a further representation
that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to 01997 AIA®
final payment have been fulfilled. AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 9 5, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia — 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
33
9.10.2 Neither final payment nor any remaining retained percentage shall become due until
the Contractor submits to the Architect (i) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work for which the Owner or the
Owner's property might be responsible or encumbered (less amounts withheld by Owner)have
been paid or otherwise satisfied, (z) a certificate evidencing that insurance required by the
Contract Documents to remain in force after final payment is currently in effect and will not be
canceled or allowed to expire until at least 3o days' prior written notice has been given to the
Owner, (3) a written statement that the Contractor knows of no substantial reason that the
insurance will not be renewable to cover the period required by the Contract Documents, (4)
consent of surety, if any, to final payment and (5), if required by the Owner, other data
establishing payment or satisfaction of obligations, such as receipts, releases and waivers of
liens, claims,security interests or encumbrances arising out of the Contract,to the extent and
in such form as may be designated by the Owner.If a Subcontractor refuses to furnish a release
or waiver required by the Owner,the Contractor may furnish a bond satisfactory to the Owner
to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are THIS DOCUMENT HAS IMPORTANT LEGAL
made,the Contractor shall refund to the Owner all money that the Owner may be compelled to CONSEQUENCES.CONSULTATION WITH AN
pay in discharging such lien,including all costs and reasonable attorneys'fees. ATTORNEY 15 ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially MODIFICATION.AUTHENTICATION OF THIS
delayed through no fault of the Contractor or by issuance of Change Orders affecting final ELECTRONICALLY DRAFTED AIA
completion, and the Architect so confirms, the Owner shall, upon application b the DOCUMENT MAY BE MADE BY USING AIA
P P PP y DOCUMENT D401.
Contractor and certification by the Architect, and without terminating the Contract, make
payment of the balance due for that portion of the Work fully completed and accepted. If the This document has been approved and
remaining balance for Work not fully completed or corrected is less than retainage stipulated in endorsed by The Associated General
the Contract Documents, and if bonds have been furnished, the written consent of surety to Contractors of America.
payment of the balance due for that portion of the Work fully completed and accepted shall be
submitted by the Contractor to the Architect prior to certification of such payment. Such
payment shall be made under terms and conditions governing final payment, except that it
shall not constitute a waiver of claims.
9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except
those arising from:
.1 liens,Claims, security interests or encumbrances arising out of the Contract and
unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents;
or
.3 terms of special warranties required by the Contract Documents.
9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier
shall constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the performance of the Contract.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage,injury or loss to:
.1 employees on the Work and other persons who maybe affected thereby;
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyng t 11918,911, 1915, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
34
.2 the Work and materials and equipment to be incorporated therein, whether in
storage on or off the site, under care, custody or control of the Contractor or the
Contractor's Subcontractors or Sub-subcontractors;and
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns,walks,
pavements, roadways, structures and utilities not designated for removal,
relocation or replacement in the course of construction.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances,rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage,injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract,reasonable safeguards for safety and protection,including posting
danger signs and other warnings against hazards,promulgating safety regulations and notifying
owners and users of adjacent sites and utilities. THIS DOCUMENT HAS IMPORTANT LEGAL
CONSEQUENCES.CONSULTATION WITH AN
10.2.4 When use or storage of explosives or other hazardous materials or equipment or ATTORNEY IS ENCOURAGED WITH
unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost RESPECT TO ITS COMPLETION OR
care and carry on such activities under supervision of properly qualified personnel. MODIFICATION.AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss DOCUMENT MAY BE MADE BY USING AIA
insured under property insurance required by the Contract Documents)to property referred to DOCUMENT D401.
in Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor,a Subcontractor, a
Sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for This document has been approved and
whose acts they may be liable and for which the Contractor is responsible under Clauses 1o.2.1.2 endorsed by The Associated General
and 10.2.1.3,except damage or loss attributable to acts or omissions of the Owner or Architect or Contractors of America.
anyone directly or indirectly employed by either of them,or by anyone for whose acts either of
them may be liable, and not attributable to the fault or negligence of the Contractor. The
foregoing obligations of the Contractor are in addition to the Contractors obligations under
Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization
at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in writing to the Owner and
Architect.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be
loaded so as to endanger its safety.
10.3 HAZARDOUS MATERIALS
10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or
death to persons resulting from a material or substance,including but not limited to asbestos or
polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor
shall, upon recognizing the condition,immediately stop Work in the affected area and report
the condition to the Owner and Architect in writing.
a�
10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or
absence of the material or substance reported by the Contractor and,in the event such material
or substance is found to be present, to verify that it has been rendered harmless. Unless
otherwise required by the Contract Documents, the Owner shall furnish in writing to the
Contractor and Architect the names and qualifications of persons or entities who are to
perform tests verifying the presence or absence of such material or substance or who are to
perform the task of removal or safe containment of such material or substance.The Contractor
and the Architect will promptly reply to the Owner in writing stating whether or not either has 101997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 9 9 5, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987,_0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia — 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
35
reasonable objection to the persons or entities proposed by the Owner. If either the Contractor
or Architect has an objection to a person or entity proposed by the Owner, the Owner shall
propose another to whom the Contractor and the Architect have no reasonable objection.
When the material or substance has been rendered harmless, Work in the affected area shall
resume upon written agreement of the Owner and Contractor. The Contract Time shall be
extended appropriately and the Contract Sum shall be increased in the amount of the
Contractor's reasonable additional costs of shut-down, delay and start-up, which adjustments
shall be accomplished as provided in Article 7.
10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless
the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of
any of them from and against claims,damages,losses and expenses,including but not limited
to attorneys' fees,arising out of or resulting from performance of the Work in the affected area
if in fact the material or substance presents the risk of bodily injury or death as described in
Subparagraph 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss
or expense is attributable to bodily injury, sickness, disease or death, or to injury to or THIS DOCUMENT HAS IMPORTANT LEGAL
destruction of tangible property(other than the Work itself) and provided that such damage, CONSEQUENCES.CONSULTATION WITH AN
loss or expense is not due to the sole negligence of a party seeking indemnity. ATTORNEY 15 ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
10.4 The Owner shall not be responsible under Paragraph 10.3 for materials and substances MODIFICATION.AUTHENTICATION OF THIS
brought to the site by the Contractor unless such materials or substances were required by the ELECTRONICALLY DRAFTED AIA
Contract Documents. DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT MI.
10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for This document has been approved and
the cost of remediation of a hazardous material or substance solely by reason of performing endorsed by The Associated General
Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all Contractors of America.
cost and expense thereby incurred.
10.6 EMERGENCIES
10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at
the Contractor's discretion, to prevent threatened damage, injury or loss. Additional
compensation or extension of time claimed by the Contractor on account of an emergency
shall be determined as provided in Paragraph 4.3 and Article 7.
ARTICLE 11 INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchase from and maintain in a company or companies
lawfully authorized to do business in the jurisdiction in which the Project is located such
insurance as will protect the Contractor from claims set forth below which may arise out of or
result from the Contractors operations under the Contract and for which the Contractor may
be legally liable, whether such operations be by the Contractor or by a Subcontractor or by
anyone directly or indirectly employed by any of them, or by anyone for whose acts any of
them may be liable:
1 claims under workers' compensation, disability benefit and other similar
employee benefit acts which are applicable to the Work to be performed;
.2 claims for damages because of bodily injury, occupational sickness or disease, or
death of the Contractor's employees;
.3 claims for damages because of bodily injury, sickness or disease, or death of any
person other than the Contractors employees;
.4 claims for damages insured by usual personal injury liability coverage; .'."b
.5 claims for damages, other than to the Work itself, because of injury to or �;r.
destruction of tangible property,including loss of use resulting therefrom;
.6 claims for damages because of bodily injury, •death of a person or property 01997 AIA®
damage arising out of ownership,maintenance or use of a motor vehicle; AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
opyng 1 1911, 1915, 1918, 9 95 , 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia — 12/312002. AIA License Number 1008538, which expires on
9/3/2003.
36
.7 claims for bodily injury or property damage arising out of completed operations;
and
.8 claims involving contractual liability insurance applicable to the Contractor's
obligations under Paragraph 3.18.
11.1.2 The insurance required by Subparagraph ii.i.1 shall be written for not less than limits
of liability specified in the Contract Documents or required by law, whichever coverage is
greater.Coverages,whether written on an occurrence or claims-made basis,shall be maintained
without interruption from date of commencement of the Work until date of final payment and
termination of any coverage required to be maintained after final payment.
11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior
to commencement of the Work. These certificates and the insurance policies required by this
Paragraph na shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least 3e 45 ys'prior written notice has been given to the THIS DOCUMENT HAS IMPORTANT LEGAL
Owner. If any of the foregoing insurance coverages are required to remain in force after final CONSEQUENCES.CONSULTATION WITH AN
payment and are reasonably available,an additional certificate evidencing continuation of such ATTORNEY 15 ENCOURAGED WITH
coverage shall be submitted with the final Application for Payment as required by RESPECT TO ITS COMPLETION OR
Subparagraph 9.10.2. Information concerning reduction of coverage on account of revised MODIFICATION.AUTHENTICATION OF THIS
limits or claims paid under the General Aggregate,or both,shall be furnished by the Contractor ELECTRONICALLY DRAFTED AIA
with reasonable promptness in accordance with the Contractor's information and belief. DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
11.2 OWNER'S LIABILITY INSURANCE
11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual This document has been approved and
endorsed by The Associated General
liability insurance. Contractors of America.
11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE
11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project
Management Protective Liability insurance from the Contractor's usual sources as primary
coverage for the Owner's, Contractor's and Architect's vicarious liability for construction
operations under the Contract. Unless otherwise required by the Contract Documents, the
Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of
purchasing and maintaining such optional insurance coverage,and the Contractor shall not be
responsible for purchasing any other liability insurance on behalf of the Owner.The minimum
limits of liability purchased with such coverage shall be equal to the aggregate of the limits
required for Contractor's Liability Insurance under Clauses 11.1.1.2 through u.1.1.5.
11.3.2 To the extent damages are covered by Project Management Protective Liability
insurance,the Owner,Contractor and Architect waive all rights against each other for damages,
except such rights as they may have to the proceeds of such insurance.The policy shall provide
for such waivers of subrogation by endorsement or otherwise.
11.3.3 The Owner shall fke4-require the Contractor to include the Owner,
pe>:sees effti; es as_n additional insureds-on the Contractor's Liability Insurance coverage
under Paragraph u.i.
11.4 PROPERTY INSURANCE
11.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or
companies lawfully authorized to do business in the jurisdiction in which the Project is located,
property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount ;f
of the initial Contract Sum, plus value of subsequent Contract modifications and cost of
materials supplied or installed by others,comprising total value for the entire Project at the site
on a replacement cost basis without optional deductibles. Such property insurance shall be 01997 AIA®
maintained, unless otherwise provided in the Contract Documents or otherwise agreed in AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyng t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, ® 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
37
writing by all persons and entities who are beneficiaries of such insurance, until final payment
has been made as provided in Paragraph 9.io or until no person or entity other than the Owner
has an insurable interest in the property required by this Paragraph 11.4 to be covered,
whichever is later. This insurance shall include interests of the Owner, the Contractor,
Subcontractors and Sub-subcontractors in the Project.
11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall
include, without limitation, insurance against the perils of fire (with extended coverage) and
physical loss or damage including,without duplication of coverage,theft,vandalism,malicious
mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary
buildings and debris removal including demolition occasioned by enforcement of any
applicable legal requirements, and shall cover reasonable compensation for Architect's and
Contractor's services and expenses required as a result of such insured loss.
11.4.1.2 If the Owner does not intend to purchase such property insurance required by the
Contract and with all of the coverages in the amount described above, the Owner shall so THIS DOCUMENT HAS IMPORTANT LEGAL
inform the Contractor in writing prior to commencement of the Work. The Contractor may CONSEQUENCES.CONSULTATION WITH AN
then effect insurance which will protect the interests of the Contractor, Subcontractors and ATTORNEY 15 ENCOURAGED WITH
Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be RESPECT TO ITS COMPLETION OR
charged to the Owner. If the Contractor is damaged b the failure or neglect of the Owner to MODIFICATION.AUTHENTICATION OF THIS
rg g Y g ELECTRONICALLY DRAFTED AIA
purchase or maintain insurance as described above, without so notifying the Contractor in DOCUMENT MAY BE MADE BY USING AIA
writing,then the Owner shall bear all reasonable costs properly attributable thereto. DOCUMENT D401.
11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not This document has been approved and
covered because of such deductibles. endorsed by The Associated General
Contractors of America.
11.4.1.4 This property insurance shall cover portions of the Work stored off the site,and also
portions of the Work in transit.
11.4.1.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence
until the insurance company or companies providing property insurance have consented to
such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor
shall take reasonable steps to obtain consent of the insurance company or companies and shall,
without mutual written consent, take no action with respect to partial occupancy or use that
would cause cancellation,lapse or reduction of insurance.
11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler
and machinery insurance required by the Contract Documents or by law, which shall
specifically cover such insured objects during installation and until final acceptance by the
Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and
Sub-subcontractors in the Work,and the Owner and Contractor shall be named insureds.
11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and
maintain such insurance as will insure the Owner against loss of use of the Owner's property
due to fire or other hazards,however caused.The Owner waives all rights of action against the
Contractor for loss of use of the Owner's property,including consequential losses due to fire or
other hazards however caused.
11.4.4 If the Contractor requests in writing that insurance for risks other than those described
herein or other special causes of loss be included in the property insurance policy,the Owner
shall,if possible,include such insurance,and the cost thereof shall be charged to the Contractor 6-
by appropriate Change Order. �■�
11.4.5 If during the Project construction period the Owner insures properties, real or 01997 AIA®
personal or both, at or adjacent to the site by property insurance under policies separate from AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyrig t 19TI, 1915, 1937, 195 ' 1958, 1961, 1963,-1966, 1967, 1970, 1976, 1987, ® 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia — 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
38
those insuring the Project,or if after final payment property insurance is to be provided on the
completed Project through a policy or policies other than those insuring the Project during the
construction period, the Owner shall waive all rights in accordance with the terms of
Subparagraph 11.4.7 for damages caused by fire or other causes of loss covered by this separate
property insurance. All separate policies shall provide this waiver of subrogation by
endorsement or otherwise.
11.4.6 Before an exposure to loss may occur,the Owner shall file with the Contractor a copy
of each policy that includes insurance coverages required by this Paragraph 11.4. Each policy
shall contain all generally applicable conditions, definitions, exclusions and endorsements
related to this Project.Each policy shall contain a provision that the policy will not be canceled
or allowed to expire, and that its limits will not be reduced,until at least 3o days' prior written
notice has been given to the Contractor.
11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (i)
each other and any of their subcontractors,sub-subcontractors, agents and employees,each of THIS DOCUMENT HAS IMPORTANT LEGAL
the other, and (2) the Architect, Architect's consultants, separate contractors described in CONSEQUENCES.CONSULTATION WITHAN
Article 6,if any,and any of their subcontractors,sub-subcontractors,agents and employees,for ATTORNEY 15 ENCOURAGED WITH
damages caused by fire or other causes of loss to the extent covered by property insurance RESPECT TO ITS COMPLETION OR
obtained pursuant to this Paragraph 11.4 or other property insurance applicable to the Work, MODIFICATION.AUTHENTICATION OF THIS
except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants, DOCUMENT D401.
separate contractors described in Article 6, if any,and the subcontractors,sub-subcontractors,
agents and employees of any of them, by appropriate agreements, written where legally This document has been approved and
required for validity, similar waivers each in favor of other parties enumerated herein. The endorsed by The Associated General
policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of Contractors of America.
subrogation shall be effective as to a person or entity even though that person or entity would
otherwise have a duty of indemnification,contractual or otherwise, did not pay the insurance
premium directly or indirectly, and whether or not the person or entity had an insurable
interest in the property damaged.
11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as
fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may
appear,subject to requirements of any applicable mortgagee clause and of Subparagraph 11.4.10.
The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the
Contractor, and by appropriate agreements, written where legally required for validity, shall
require Subcontractors to make payments to their Sub-subcontractors in similar manner.
11.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon
occurrence of an insured loss, give bond for proper performance of the Owner's duties. The
cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall
deposit in a separate account proceeds so received, which the Owner shall distribute in
accordance with such agreement as the parties in interest may reach,or in accordance with an
arbitration award in which case the procedure shall be as provided in Paragraph 4.6. If after
such loss no other special agreement is made and unless the Owner terminates the Contract for
convenience, replacement of damaged property shall be performed by the Contractor after
notification of a Change in the Work in accordance with Article 7.
11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless
one of the parties in interest shall object in writing within five days after occurrence of loss to
the Owner's exercise of this power; if such objection is made,the dispute shall be resolved as
provided in Paragraphs 4.5 and 4.6. The Owner as fiduciary shall, in the case of arbitration, A;*
make settlement with insurers in accordance with directions of the arbitrators.If distribution of
insurance proceeds by arbitration is required,the arbitrators will direct such distribution.
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, ® 1997 by e CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
39
11.5 PERFORMANCE BOND AND PAYMENT BOND
11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering
faithful performance of the Contract and payment of obligations arising thereunder as
stipulated in bidding requirements or specifically required in the Contract Documents on the
date of execution of the Contract.
11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of
bonds covering payment of obligations arising under the Contract, the Contractor shall
promptly furnish a copy of the bonds or shall permit a copy to be made.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to the Architect's request or to
requirements specifically expressed in the Contract Documents, it must, if required in writing
by the Architect, be uncovered for the Architect's examination and be replaced at the THIS DOCUMENT HAS IMPORTANT LEGAL
Contractors expense without change in the Contract Time. CONSEQUENCES.CONSULTATION WITH AN
ATTORNEY IS ENCOURAGED WITH
12.1.2 If a portion of the Work has been covered which the Architect has not specifically RESPECT TO ITS COMPLETION OR
requested to examine prior to its being covered, the Architect may request to see such Work MODIFICATION.AUTHENTICATION OF THIS
and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract ELECTRONICALLY DRAFTED AIA
Documents,costs of uncovering and replacement shall,by appropriate Change Order,be at the DOCUMENT MAY BE MADE BY USING AIA
Owners expense. If such Work is not in accordance with the Contract Documents,correction DOCUMENT MI.
shall be at the Contractor's expense unless the condition was caused by the Owner or a separate This document has been approved and
contractor in which event the Owner shall be responsible for payment of such costs. endorsed by The Associated General
Contractors of America.
12.2 CORRECTION OF WORK
12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to
conform to the requirements of the Contract Documents, whether discovered before or after
Substantial Completion and whether or not fabricated, installed or completed. Costs of
correcting such rejected Work, including additional testing and inspections and compensation
for the Architect's services and expenses made necessary thereby, shall be at the Contractor's
expense.
12.2.2 AFTER SUBSTANTIAL COMPLETION
12.2.2.1 In addition to the Contractor's obligations under Paragraph 3.5,if,within one year
after the date of Substantial Completion of the Work or designated portion thereof or after the
date for commencement of warranties established under Subparagraph 9.9a,or by terms of an
applicable special warranty required by the Contract Documents, any of the Work is found to
be not in accordance with the requirements of the Contract Documents, the Contractor shall
correct it promptly after receipt of written notice from the Owner to do so unless the Owner
has previously given the Contractor a written acceptance of such condition. The Owner shall
give such notice promptly after discovery of the condition. During the one-year period for
correction of Work, if the Owner fails to notify the Contractor and give the Contractor an
opportunity to make the correction, the Owner waives the rights to require correction by the
Contractor and to make a claim for breach of warranty. If the Contractor fails to correct
nonconforming Work within a reasonable time during that period after receipt of notice from
the Owner or Architect,the Owner may correct it in accordance with Paragraph 2-4.
12.2.2.2 The one-year period for correction of Work shall be extended with respect to
portions of Work first performed after Substantial Completion by the period of time between
Substantial Completion and the actual performance of the Work.
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 9 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
40
12.2.2.3 The one-year period for correction of Work shall not be extended by corrective
Work performed by the Contractor pursuant to this Paragraph 12.2.
12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed,of the Owner or separate contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements
of the Contract Documents.
12.2.5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the
Contract Documents.Establishment of the one-year period for correction of Work as described THIS DOCUMENT HAS IMPORTANT LEGAL
in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the CONSEQUENCES.CONSULTATION WITH AN
Work, and has no relationship to the time within which the obligation to comply with the ATTORNEY IS ENCOURAGED WITH
Contract Documents may be sought to be enforced,nor to the time within which proceedings RESPECT TO ITS COMPLETION OR
may be commenced to establish the Contractor's liability with respect to the Contractors MODIFICATION.AUTHENTICATION OF TH15
obligations other than specifically to correct the Work. ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
12.3 ACCEPTANCE OF NONCONFORMING WORK DOCUMENT D401.
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements
of the Contract Documents, the Owner may do so instead of requiring its removal and This document has been approved and
correction,in which case the Contract Sum will be reduced as appropriate and equitable.Such endorsed byThecaa►edGeneral
adjustment shall be effected whether or not final payment has been made. Contractors of Ammerierica.
ARTICLE 13 MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the law of the place where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors,
assigns and legal representatives to the other party hereto and to partners, successors, assigns
and legal representatives of such other party in respect to covenants, agreements and
obligations contained in the Contract Documents. Except as provided in Subparagraph 13.2.2,
neither party to the Contract shall assign the Contract as a whole without written consent of
the other.If either party attempts to make such an assignment without such consent,that party
shall nevertheless remain legally responsible for all obligations under the Contract.
13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an
institutional lender providing construction financing for the Project. In such event,the lender
shall assume the Owners rights and obligations under the Contract Documents. The
Contractor shall execute all consents reasonably required to facilitate such assignment.
13.3 WRITTEN NOTICE
13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the
individual or a member of the firm or entity or to an officer of the corporation for which it was
intended, or if delivered at or sent by registered or certified mail to the last business address ,, ,,
known to the party giving notice.
13.4 RIGHTS AND REMEDIES
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 9 5, 1918,1925, 1937, 1951, 1958, 1961966,1, 1963, 1970, 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue, N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
41
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights
and remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a
waiver of a right or duty afforded them under the Contract,nor shall such action or failure to
act constitute approval of or acquiescence in a breach thereunder,except as may be specifically
agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests,inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall THIS DOCUMENT HAS IMPORTANT LEGAL
bear all related costs of tests,inspections and approvals.The Contractor shall give the Architect CONSEOUENCES.CONSULTATION WITHAN
timely notice of when and where tests and inspections are to be made so that the Architect may ATTORNEY IS ENCOURAGED WITH
be present for such procedures. The Owner shall bear costs of tests, inspections or approvals RESPECT TO ITS COMPLETION OR
which do not become requirements until after bids are received or negotiations concluded. MODIFICATION.AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that DOCUMENT MAY BE MADE BY USING AIA
portions of the Work require additional testing, inspection or approval not included under DOCUMENT MI.
Subparagraph 13.5.1,the Architect will,upon written authorization from the Owner,instruct the
Contractor to make arrangements for such additional testing, inspection or approval by an This document has been approved and
entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of endorsed by The Associated General
when and where tests and inspections are to be made so that the Architect may be present for Contractors of America.
such procedures. Such costs,except as provided in Subparagraph 13.5.3,shall be at the Owner's
expense.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, all costs made necessary by such failure including those of repeated
procedures and compensation for the Architect's services and expenses shall be at the
Contractor's expense.
13.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to the
Architect.
13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract
Documents, the Architect will do so promptly and, where practicable, at the normal place of
testing.
13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the
date payment is due at such rate as the parties may agree upon in writing or, in the absence
thereof,at the legal rate prevailing from time to time at the place where the Project is located.
13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
13.7.1 As between the Owner and Contractor.
01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
*Copyright 9 5, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970 1976, 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia -- 12/312002. AIA License Number 1008538, which expires on
9/3/2003.
42
Ar
.1 Before Substantial Completion. As to acts or failures to act occurring prior
to the relevant date of Substantial Completion, any applicable statute of
limitations shall commence to run and any alleged cause of action shall be
deemed to have accrued in any and all events not later than such date of
Substantial Completion;
.2 Between Substantial Completion and Final Certificate for Payment. As
to acts or failures to act occurring subsequent to the relevant date of Substantial
Completion and prior to issuance of the final Certificate for Payment, any
applicable statute of limitations shall commence to run and any alleged cause of
action shall be deemed to have accrued in any and all events not later than the
date of issuance of the final Certificate for Payment;and
.3 After Final Certificate for Payment. As to acts or failures to act occurring
after the relevant date of issuance of the final Certificate for Payment, any
applicable statute of limitations shall commence to run and any alleged cause of
action shall be deemed to have accrued in any and all events not later than the
date of any act or failure to act by the Contractor pursuant to any Warranty THIS DOCUMENT HAS IMPORTANT LEGAL
provided under Paragraph 3.5,the date of any correction of the Work or failure to CONSEQUENCES.CONSULTATION WITHAN
correct the Work by the Contractor under Paragraph 12.2, or the date of actual ATTORNEY IS ENCOURAGED WITH
commission of an other act or failure to perform an duty or obligation b the RESPECT T ITS COMPLETION O
y f
P y y g y MODIFICATI ON.AUTHENTICATION OF THIS
Contractor or Owner,whichever occurs last. ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT DOCUMENT D401.
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 This document has been approved and
consecutive days through no act or fault of the Contractor or a Subcontractor, Sub- endorsed by The Associated General
subcontractor or their agents or employees or any other persons or entities performing portions Contractors of America.
of the Work under direct or indirect contract with the Contractor, for any of the following
reasons:
1 issuance of an order of a court or other public authority having jurisdiction which
requires all Work to be stopped;
.2 an act of government,such as a declaration of national emergency which requires
all Work to be stopped;
.3 because the Architect has not issued a Certificate for Payment and has not
notified the Contractor of the reason for withholding certification as provided in
Subparagraph 9.4.1,or because the Owner has not made payment on a Certificate
for Payment within the time stated in the Contract Documents;or
.4 the Owner has failed to furnish to the Contractor promptly, upon the
Contractor's request,reasonable evidence as required by Subparagraph 2.2.1.
14.1.2 The Contractor may terminate the Contract if, through no act or fault of the
Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other
persons or entities performing portions of the Work under direct or indirect contract with the
Contractor, repeated suspensions,delays or interruptions of the entire Work by the Owner as
described in Paragraph 14.3 constitute in the aggregate more than loo percent of the total
number of days scheduled for completion,or 120 days in any 365-day period,whichever is less.
14.1.3 If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Contractor
may,upon seven days'written notice to the Owner and Architect,terminate the Contract and
recover from the Owner payment for Work executed and for proven loss with respect to
materials,equipment,tools,and construction equipment and machinery,including reasonable ,
overhead,profit and damages.
r■r■�
14.1.4 If the Work is stopped for a period of 6o consecutive days through no act or fault of
01997 AIA®
the Contractor or a Subcontractor or their agents or employees or any other persons performing AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
» opyng t 1911, 1915, 1918, 9 95 , 1958, 1970, 1976, 1987, 0 99 y The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue, N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C. 20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/312002. AIA License Number 1008538, which expires on
9/3/2003.
43
portions of the Work under contract with the Contractor because the Owner has persistently
failed to fulfill the Owner's obligations under the Contract Documents with respect to matters
important to the progress of the Work, the Contractor may, upon seven additional days'
written notice to the Owner and the Architect, terminate the Contract and recover from the
Owner as provided in Subparagraph 14.1.3.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled
workers or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with
the respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws,ordinances,or rules, regulations or orders of a public
authority having jurisdiction;or
.4 otherwise is guilty of substantial breach of a provision of the Contract THIS DOCUMENT HAS IMPORTANT LEGAL
Documents. CONSEQUENCES.CONSULTATION WITH AN
ATTORNEY IS ENCOURAGED WITH
14.2.2 When any of the above reasons exist,the Owner, upon certification by the Architect RESPECT TO ITS COMPLETION OR
that sufficient cause exists to justify such action, may without prejudice to any other rights or MODIFICATION.AUTHENTICATION OF THIS
remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, ELECTRONICALLY DRAFTED AIA
seven days' written notice, terminate employment of the Contractor and may, subject to any DOCUMENT MAY BE MADE BY USING AIA
prior rights of the surety: DOCUMENT D401.
1 take possession of the site and of all materials,equipment,tools,and construction This document has been approved and
equipment and machinery thereon owned by the Contractor; endorsed by The Associated General
.2 accept assignment of subcontracts pursuant to Paragraph 5.4;and Contractors of America.
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
Upon request of the Contractor, the Owner shall furnish to the Contractor a
detailed accounting of the costs incurred by the Owner in finishing the Work.
14.2.3 When the Owner terminates the Contract for one of the reasons stated in
Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the
Work is finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,
including compensation for the Architect's services and expenses made necessary thereby,and
other damages incurred by the Owner and not expressly waived,such excess shall be paid to the
Contractor. If such costs and damages exceed the unpaid balance,the Contractor shall pay the
difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may
be,shall be certified by the Architect, upon application, and this obligation for payment shall
survive termination of the Contract.
14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
14.3.1 The Owner may,without cause,order the Contractor in writing to suspend,delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and
time caused by suspension, delay or interruption as described in Subparagraph 14.3.1.
Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the
extent: 1%
.1 that performance is,was or would have been so suspended,delayed or interrupted
by another cause for which the Contractor is responsible;or ■■r■�
.2 that an equitable adjustment is made or denied under another provision of the
Contract. 01997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
))Copyright 918, 11951,925, 1937, 1958, 1961, 1963, 1966, 9 9 1987, 0 1997 by The CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington, D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 gent conditions.aia -- 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
44
14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
14.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and
without cause.
14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's
convenience,the Contractor shall:
.1 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, for the protection and
preservation of the Work;and
.3 except for Work directed to be performed prior to the effective date of
termination stated in the notice,terminate all existing subcontracts and purchase
orders and enter into no further subcontracts and purchase orders.
14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be THIS DOCUMENT HAS IMPORTANT LEGAL
entitled to receive payment for Work executed, and costs incurred by reason of such CONSEOUENCES.CONSULTATION WITH AN
termination,along with reasonable overhead and profit on the Work not executed. ATTORNEY IS ENCOURAGED WITH
RESPECT TO ITS COMPLETION OR
MODIFICATION.AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA
DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
This document has been approved and
endorsed by The Associated General
Contractors of America.
,a
®1997 AIA®
AIA DOCUMENT A201-1997
GENERAL CONDITIONS OF THE
))Copyright 91 , 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 9 9 67, 1970, 1976, 9 9 y e CONTRACT FOR CONSTRUCTION
American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial
quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects
States and will subject the violate to legal prosecution.WARNING: Unlicensed photocopying violates U.S. 1735 New York Avenue,N.W.
copyright laws and will subject the violator to legal prosecution.This document was electronically produced Washington,D.C.20006-5292
with permission of the AIA and can be reproduced in accordance with your license without violation until
the date of expiration as noted below. expiration as noted below. expiration as noted below. User
Document: fs 12 A201 genl conditions.aia — 12/3/2002. AIA License Number 1008538, which expires on
9/3/2003.
45
City of Renton/Renton Fire De a t Rib,Q
Fire
Station 12
October 21,2002
8�!C'�I91�F�A$99
SUPPLEMENTARY CONDITIONS
1.01 GENERAL
A. General Conditions: The following supplements modify the"General Conditions of
the Contract for Construction",AIA Document A201, 1997 edition,copyrighted by the
American Institute of Architects is a part of these Contract Documents; Contractor and
all subcontractors shall read and be governed by them.
B. Modifications to the"General Conditions": Where a portion of the General Conditions
is modified or deleted by these Supplementary Conditions,the unaltered portions of
the General Conditions shall remain in effect. The following modifications include:
1. Requirements contained in Division 1 and other specification sections further
define the requirements of the General and Supplementary Conditions.
2. REPLACE 11.4 through 11.5 with the following:
"Builder's Risk insurance covering interests of the City,the Contractor,
Subcontractors and Sub subcontractors in the Work shall be provided by the
Contractor. Builder's Risk insurance shall be on an"all-risk"policy form,and
shall insure against the perils of fire and extended coverage and physical loss
or damage,including flood and earthquake,theft, vandalism,malicious
mischief,collapse, temporary buildings and debris removal. The Builder's Risk
} insurance covering the work will have a deductible of$5,000 for each
occurrence,which will be the responsibility of the Contractor.Higher
deductibles for flood and earthquake perils may be accepted by the City upon
written request by the Contractor and written acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the
Contractor. The Builder's Risk insurance shall be maintained until Final
Acceptance of the Work by the City."
3. Item 11.1.3,the number of days of prior written notice is modified from 30 to
45 days.
4. Item 11.3.3 is modified to read, "The Owner shall require the Contractor to
include the Owner as an additional insured on the Contractor's Liability
Insurance coverage under Paragraph 11.1."
END OF SECTION
00800-Supplementary Conditions-Page 1
Renton Fire Departmerd City of Renton
Fire Station 12, Renton, Washington
Enumeration of Contract Drawings
Exhibit"A"
Page 1 of 1
Number Title Date
A0.1 Project Information, Sheet Index, Legend October 21, 2002
A0.2 Code Information, Life Safety Plan " "
C-1 Cover Sheet 14 "
C-2 Site Plan Ic "
C-3 Survey Sheet "
C-4 Demolition Plan "
C-5 Grading Plan "
C-6 Storm Drain and Paving Plan "
C-7 Details and Notes "
C-8 T.E.S.C.P. "
C-9 T.E.S.C. Details and Notes "
C-10 Water and Sewer Plan
C-11 Water and Sewer Details and Notes "
TC1 Tree Cutting Plan "
L1 Site and Landscape Plan "
L2 Site Details "
L3 Planting Schedule and Details "
L4 Irrigation Plan "
L5 Irrigation Details "
A1.0 Site Plan, Site Details "
A2.1 Key Plan, Room Finish Schedule "
A2.2 First Floor Plan North "
A2.3 First Floor Plan—South "
A2.4 Second Floor Key Plan,Partition Types "
A2.5 Second Floor Plan North "
A2.6 Second Floor Plan—South "
A2.7 First Floor Reflected Ceiling Plan "
A2.8 Second Floor Reflected Ceiling Plan "
A2.9 Roof Plan and Details "
AM Exterior Elevations "
A3.2 Building Sections "
A3.3 Stair Sections and Details "
A4.1 Wall Sections and Details "
A4.2 Wall Sections "
A4.3 Wall Sections "
A4.4 Wall Sections "
A4.5 Wall/Stair Sections "
A5.1 Exterior Details "
A5.2 Exterior Details "
Renton Fire DepartmeAW-Ald City of Renton
Fire Station 12, Renton, Washington
Enumeration of Contract Drawings
Exhibit"A"
Page 2 of 2
A5.3 Exterior Details " "
A6.1 Door Details,Door Schedule " "
A6.2 Window and Frame Types " "
A6.3 Window Details " "
A7.1 Interior Elevations-Main Floor " "
A7.2 Interior Elevations-Main Floor " "
A7.3 Interior Elevations-Main Floor " "
A7.4 Interior Elevations-Main Floor " "
A7.5 Interior Elevations-Second Floor " "
A7.6 Interior Elevations-Second Floor " "
A9.1 Casework Details " "
A9.2 Casework Details " "
A10.1 First Floor Floorcovering and Furniture Plan North 44 "
A10.2 Second Floor Furniture Plan-North 64 "
S0.1 General Notes 49 "
S0.2 Typical Details 44 "
S1.1 Foundation Plan 64 "
S1.2 Mezzanine and Second Floor Framing Plan C4 "
S 1.3 Roof Framing Plan 64 "
S2.1 Foundation Details 66 "
S3.1 Floor Framing Details 44 "
S3.2 Floor Framing Details 46 "
S4.1 Roof Framing Details 46 "
S4.2 Roof Details 66 "
S4.3 Roof Details 44 "
S4.4 Roof Details 44 "
MIA Schedules 44 "
M1.2 Schedules and Notes 6f "
M1.3 Notes 66 "
M2.1 First Floor Plan Mechanical 46 "
M2.2 Second Floor Plan Mechanical 44 "
M2.3 Floor Plans Hydronic cc "
M2.4 Mechanical Bid Alternate Plan 64 "
M3.1 Mechanical Details 64 "
M3.2 Mechanical Details 66 "
M3.3 Control Details 66 "
P0.1 Partial Site Plan-Plumbing 64 "
P0.2 Plumbing Fixture Schedule 46 "
P1.1 Foundation Plan-Plumbing 44 "
P2.1 First Floor Plan-Plumbing 46 "
P2.2 Second Floor Plan-Plumbing 4C "
P2.3 Plumbing Bid Alternate Plan 96 "
Renton Fire Departmerid City of Renton
Fire Station 12, Renton, Washington
Enumeration of Contract Drawings
Exhibit"A"
Page 3 of 3
P3.1 Plumbing Details Cc "
P3.2 Plumbing Details " "
P3.3 Plumbing Details " "
P3.4 Plumbing Details " "
P4.1 Plumbing Riser Diagram " "
ELI Electrical Site Plan " "
E2.1 First Floor Lighting Plan " "
E2.2 Second Floor Lighting Plan " "
E3.1 First Floor Power Plan " "
E3.2 Second Floor Power Plan 46 "
E4.1 First Floor Systems Plan " "
E4.2 Second Floor Systems Plan " "
E8.1 Power Diagrams and Details " "
E8.2 Power Schedules " "
E8.3 Power Schedules 46 "
End of Exhibit"A"
05/19/03 MON 13:21 FAX 425 430 6603 RENTON COMMUNITY SRVCS
Revised Proposal to Complete the Construction of Fire Station #12
City of Renton
Contract Inclusion
CONTRACTOR PROFILE
1. Provide full name, main office address, and tax identification number of the
entity that would ultimately enter into a contract with the City.
E_ Kent Halvorson, Inc_
9840 Willows Road NE.,Suite 200
Redmond, WA 98052
Tax ID: 91-1278481
3. Identify if your firm is an individual, partnership,or corporation; if
incorporated,the state of incorporation.
E. Kent Halvorson,Inc. is a corporation, incorporated in the State of Washington.
5. Provide copies of all business registration/business license.
See attached.
6. Identify the Project Manager and site superintendent to be assigned on this
project. Provide summary of revelant experiences for both individuals
The Project Manager assigned to this job is Mr. Bill Miller,the Superintendent is Mr. Joe
Ramos. Please see the attached resumes for Mr. Miller and Mr. Ramos. Mr. Ramos was
the site Superintendent for the previous contract. We have interviewed lvir. Ramos and
inspected his work and we feel that he is more than qualified to complete this project on
the "Halvorson Team".
RFP QUESTIONS
a. Performance Bond: Can you provide a performance bond within 48 hours of
acceptance?
We will provide a Payment and Performance Bond.
4254306603 => E KENT HALVORSON ,TEL=425 861 9814 05/19'03 13:03
05/19/03 MON 13:21 FAX 425 430 6603 RENTON COMMUNITY SRN'CS Z004
b. Contracting approach: The City would like to know what form of contracting
you recommend and why? As the attached financials show,we had a lump suet
contract. This continues to be the City's preference, however we have flexibility
given our current situation.
Given the partial completion of nearly every aspect of the project, we believe that in the
best interest of the City of Renton and E. Kent Halvorson,Inc.,the project should be
completed on a time and material basis. For E. Kent Halvorson, Inc. to establish a fixed
cost to complete the project we would have to complete a full audit of the project
payments,verify subcontractor third party payments, inventory materials, verify in-place
work,estimate the work left to complete and numerous other tasks. This would be very
costly and take three to four weeks to complete. In addition we would have to add
contingencies for the possible unknowns. We feel that all of this would create
complications with Bonding and would not benefit the City of Renton
c. Timeline/Schedule Completion: The project is scheduled to be co,mpleted by
December 2003. We would like to adhere to this scheduled completion date.
Can you meet the current completion date?
Our approach to completing the project incorporates utilizing the existing project
Superintendent and all existing subcontractors and suppliers which should allow the
project to restart efficiently,without much interruption to the original schedule. Our goal
would be to make up the approximately three weeks that have been lost during the
current shutdown and attempt to complete by December 2003. We will re-affirm the
final completion date after the award and confirmation of deliveries, etc. We must request
that liquidated damages be waived on this project based on the limited information.
d. What is the cost of your proposal, to include your mark-up?
Our proposal is based on reimbursement of all costs(as outlined below)plus a mark-up
of 7.7%corporate overhead and profit.
Costs to be reimbursed:
1) The term"Cost of Work"shall mean costs necessarily incurred in the proper
performance of the Work and paid by the Contractor.
2) Wages paid for labor in the direct employ of the Contractor in the performance of the
Work shall be those prevailing in the area including any welfare or other benefits as
may be payable with respect thereto.
3) Compensation of the Contractor's employees when stationed at the field office, in
whatever capacity employed. Employees engaged, at shops or on the road, in
expediting the production or transportation of materials or equipment.
4) Cost of pensions, contributions,hospitalization, bonuses, vacations, medical
insurance, assessments or taxes for such items as unemployment compensation and
social security, insofar as such cost is based on wages, salaries or other remuneration
paid to employees of the Contractor and included in the Cost of Work. The
2
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05/19/03 MON 13:22 FAX 425 430 6603 RENTON COMMUNITY SRVCS 0]005
Contractor shall be reimbursed for payroll insurance and taxes at the rate of actual
costs of his total payroll for the Project.
5) Reasonable transportation,travelling expenses of the Contractor or of his officers or
employees incurred in discharge of duties connected with the Work.
6) Cost of all materials, supplies, and equipment incorporated in the Work, including
costs of transportation thereof:
7) Payments made by the Contractor to Subcontractors for Work performed pursuant to
subcontracts under this Agreement.
8) Cost, including transportation and storage,of all materials, supplies, equipment,
temporary facilities and hand tools not owned by the workmen which are consumed
in the performance of the Work.
9) Rental..charges of all necessary machinery and equipment,exclusive of hand tools,
used ar the site of the Work, whether rented from the Contractor or others, including
installation, minor repairs and replacement,dismantling, removal, transportation and
delivery costs thereof, at rental charges consistent with those prevailing in the area.
Company owned tools and equipment shall be charged at seventy-five percent (75%)
of prevailing industry rate.
10)Cost of the premiums for all insurance which is required by Contract documents.
11)Sales, use,gross receipts or similar taxes related to the Work,imposod by any
governmental authority, and for which the Contractor is liable.
12)Permits, fees, licenses,tests,royalties,damages for infringement of patents and costs
of defending suits therefore,and deposits lost for causes other than Contractor's
negligence.
13)Losses, expenses or damages to the extern not compensated by insurance. The cost of
correction of work previously performed.
14)Expenses such as telegrams, cell phones, long distance telephone calls,telephone/data
service at the site, expressage,and similar cash items in connection with the Work_
15)Cost of removal of all debris.
16)Costs incurred due to emergency affecting the safety of persons and property and all
costs expended to comply with all provisions of the Occupational Safety and Health
Act including administration costs
17)Other costs directly incurred in the performance of the Work
18)All costs necessitated by rules, regulations, building codes, taxes, labor rates and
governmental action
19)Cost of data processing services as required,on site_
20)Costs incurred during the Guarantee period.
21)Project Management costs,on site.
22)Cost of litigation including;attorney, special consultants, labor, and/or any other
reasonable cost incurred resulting from litigation arising from the completion of
project,except litigation that is the result of contract termination for cause.
3
4254306603 => E KENT HALVORSON ,TEL=425 861 9814 05/19'03 13:04
05/19/03 MON 13:23 FAX 425 430 6603 RENTON COMMUNITY SRVCS W-1oub
AV
e. A list of the existing subcontractors is attached. How would you transition the
existing subcontractors into your contracts? How would you keep the original
quotes from subcontractors as you develop new contracts? If you prefer to use
other subcontractors,why?
e.1. Our goal is to keep the existing subcontractorsisuppliers in place. After review of
the subcontracts,possible meetings with subcontractors/vendors, confirmation of scope,
and verification of previous payments,we will attempt to incorporate their existing
subcontract to our form of Agreement. This Agreement is much more inclusive in
protecting the Contractor and the City than the brief review I made of a subcontract
Agreement used by the previous Contractor.
e.2. Our intention is to keep the original subcontract and purchase order amounts intact
unless we find incomplete agreements that need to be revised, or subcontractors that are
unable to complete their work.
e.3. We will maintain the existing subcontractor and vendors on the project and will
incorporate all warranty obligations from them directly to the City of Renton, which
should minimize confusion and potential cost implications resulting from warranty call-
backs.
E You are free to inspect the site whenever you like. How would you assume
warranty responsibility for the work in place?
We intend on utilizing the existing subcontractors and suppliers on the project, and will
incorporate all warranty obligations to each of them. E. Kent Halvorson, Inc. will
perform the administration,provide supervision,and any required labor and material to
perform warranty work as required based on the scope. Costs associated with this
warranty will be included as a reimbursable expense,plus fee to E.Kent Halvorson,Inc.
g. How soon can you start work?
Immediately
h. We currently have a pay application of approximately$432.816.77 that has not
been paid. How would you propose to verify the payment to subcontractors for
work already placed?
Our recommendation is for the City of Renton to issue the current pay application in the
amount of$430,816.77 to E. Kent Halvorson,Inc.to distribute to the subcontractors and
suppliers. This will create an opportunity for E. Kent Halvorson,Inc.to have a dialogue
with all subcontractors and suppliers and will enhance a timely and cooperative
negotiation in the assumption or assignment of subcontracts and warranties
4
4254306603 => E KENT HALVORSON ,TEL=425 861 9814 05/19103 13:04
05/19/03 MON 13:23 FAX 425 430 6603 RENTON COMMUNITY SRVCS 007
Respectfully Submitted: E. Kent Halvorson, Inc.
EKENTHI 159B4
Ma ,200
E.K nt Haly rson, esident
5
4254306603 => E KENT HALVORSON ,TEL=425 861 9814 05/19'03 13:04