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Home My WebLink About831041.tiff • THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 • Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM • 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of MA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT • made as of the Fourth day of August in the year of Nineteen . Hundred and Eighty Three BETWEEN the Owner: Weld County Colorado P.O. Box 578 Greely, Colorado 80632 and the Contractor: MAGNUM CONSTRUCTION, COMPANY,. INC. P.O. Box 1219 Boulder, Colorado 80306 The Project: Interior Renovation Weld County Walton Builcing 313 N. 11th Ave. Greely, Colorado The Architect: Loren Bley Architects 914 14th Street Greely, Colorado The Owner and the Contractor agree as set forth below. 831041 Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOI. A, ,I • ELEVENTH EDITION • JUNE 1977 • AIA•'1977 • THE AMLRICAN INSTITUTE OF ARCHII. , . '3. '.1W YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 1 'CHANGE Distribution to: ORDER OWNER ARCHITECT C] AIA DOCUMENT 6701 CONTRACTOR [� FIELD ❑ OTHER ❑ PROJECT: Weld County Walton Building CHANGE ORDER NUMBER: (name, address) INITIATION DATE: 7/18/83 TO (Contractor): ARCHITECT'S PROJECT NO: 18-8-83 Magnum Construction Co. Inc CONTRACT FOR: 207 Canyon Blvd. Interior Space Renovation Boulder, Co. 80306 I I CONTRACT DATE: You are directed to make the following changes in this Contract: Adjust Base Bid according to bid schedule of values for Alternates One through Four as follows: Alternate No. 1 - Void. Alternate No. 2 - Void. Alternate No. 3 - Accepted. (Owner to field verify number of taps required) Alternate No. 4 - Accepted. Deduct $9700 . 00. In addition to the scheduled values of the alternates , the Owner has elected to deduct the following subject to verification and AE review- and approval : Item No. 1 - Contractor shall furnish and install Raco Prestige pre- finished aluminum door frames and sidelights as scheduled on the drawings. A deduct of $2500. 00 shall be credited to the Owner if this modification is accepted. , •T • 1- 1 ; • Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (C—aacrdazlrktrtiaauacauutLwas $ 96 , 927 . 00 00 Net change by previously authorized Change Orders $ The (Contract Sum) (Wnzaataettlrl-v+*+r+r t+ t) prior to this Change Order was $ 96 , 927 . 00 • • The (Contract Sum)16tslatctt6ta-ar=a£cst) will be ',iaoaa:>rd)..(decreased) (=ad:i Tged) 12 ,200. 00 by this Change Order $ The new (Contract Sum) (T.,LSrzru atitrziatiiS73R) including this Change Order will be $ 84 , 727 . 00 The Contract Time will be- aceaaed_4dee7eaaed (unchanged) by this change order ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: Bley Associates Magnum Const. Co. . Inc —Weld County ARCHITECT CONTRACTOR OWNER 914 — 14th St - 2(17 canynn Rlvrl 415 — 10th St . Address / Addres 1 may Address Greeley, Co. 80631 Boulder Cod, 803'06 Greeley, Co. 80631 BY04, BY � . BY 47,4c1 �� DATE 14,14 /DATE 747tom DATE PQO-I EM 9/7 T— AIA DOCUMENT 4701 • CHANCE,ORDER • APRIL 1978 EDITION • AIA © 1978 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.; N.W., WASHINGTON, D.C. 20006 6701 -1978 • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions). the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here Insert the caption descriptive of the Work as used on other Contract Documents.) Construction of interior Renovations for the Weld County Walton Building, 313 N. 11th Ave. Greely, Colorado. As shown on drawing h'o.s Al thru A4 and El, specification booklet entitled Weld County Walton Building Specifications and Addendum No. 1 dated June 24, 1983 as prepared by Loren Bley Architect. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced upon receipt of a building and, subject to authorized adjustments, SuSstantial Completion shall be achieved not later than Eight weeks after issuance of a building permit. (Here insert any special provisions for liquidated damages relating to failure to complete on time.) • • AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVI.NTH EDITION • JUNE 1977 • AIM, ©1977 • THE AMERICAN INSTITUTE OF ARCHITEC IS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 l^' • • ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Ninety Six Thousand Nine Hundred and Twenty Seven Dollars ($ 96,927.00) The Contract Sum is determined as follows: (Sb:te here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the First day of the month as follows: Net later than Ten days following the end of the period covered by the Application for Payment Ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials ant( equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to One Hundred percent (100 °4r) of the Contract Sum, less such amounts as the Architect shall determ;ne for all incomplete Work and unsettled claims as provided in the Contract Documents. (II not covered elsewhere in the Contract Documents,here insert any provision for limiting or reducing the amount retained alter the Work reaches a certain stag,of completion. a Payments due and unpaid unes- the Cortrat ')ocun:en':. shat! ilea- in!erest from the date payment is due at the rate entered below, or in the absencr r'•ereof, at e le?:: Tilts pr ::ling . :he place "t the Project. (Here insert any rate of interest agreed'-or (Usury laws and requirements under 'hr nral T-uth in Lending Ae "r4a• ai.. 2 Inc.- .onsumr- credit laws and other regulations a; • the-- and Contractors prmcpal places of h . -4- it ranter ` the Poe. • -nay ater he val,oity.;t This - -be obtained with respeci Co deletion, me • cation, or o`Fc --wirer ,,r p'ovrsron. soenhc leg..! aJv,n .cb' ...,dial 2s ,n war t.•‘ -- MA DOCUMENT A101 • OW.NEP- 'OE'rRACT!)1 , • VrO7 • lift Anti .••_ .., �.' ,s . �:.cro v 1 r,:.N; ' . AIA" D • ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.:! The Contract Documents,which constitute the entre agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (Li.1 below the Agreement,the Conditions of the Contract(General,Supp'ementary,and other Conditions), the Drawings, the Specifications,and any Addenda and accepted alternates,showing page or sheet numbers in al/ cases and dates where applicable.) • • • This Agreement entered into as of the day and year first written above. OWNER Weld County Colorado eONTR T R MAGNUM CONSTRUCTION C0M NY, INC. / P.C. Box 578 Greel CO. 8063 Y _ P 0 B x 12 Boulder -./ 80306 SYc 2 'C�'-. BY CB,L/t..oK.za-,e-- � „`.rte L, p, o h C. Widerquist, President / G{ AR DOCUMENT 'Alai • /OWNER-CONTRACTOR AGREEMENT • EtfVENTH EDITION • IUNE 1977 • AIA• ©1977 • THE AMERICAN INSTITUTE Of ARCHIIICTS. 17E, NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 • THE AMERICAN INSTITUTE OF ARCHITECTS • AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION • 1976 EDITION TABLE OF ARTICLES 1. CONTRACT DOCUMENTS 8. TIME 2. ARCHITECT 9. PAYMENTS AND COMPLETION • 3. OWNER 10. PROTECTION OF PERSONS AND PROPERTY 4. CONTRACTOR 11. INSURANCE 5. SUBCONTRACTORS 12. CHANGES IN THE WORK • 6. WORK BY OWNER OR BY 13. UNCOVERING AND CORRECTION SEPARATE CONTRACTORS OF WORK 7. MISCELLANEOUS PROVISIONS 14. TERMINATION OF THE CONTRACT i This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1911, 1915, 1918, 1925, 1917, 1951,1958, 1961, 1963, 1966. 1967, 1970 1976 by The American Institute of Architects, 1715 New Yogi AN erupt., N Wd,hinµlun, U.C. 20006. Reprodu.liun of the rnaleri.d heron or substantial quotation of its pro- visions without permission o1 the AlA violates the copyright laws tit the United Slates and will he subject to legal prosecution. MA DOCUMENT AND • GENERAL CONDITIONS 0I 711E r(IN1RAfr FOR (ONSTRUi [ION • II IIR11 ENIII EDITION • AUGUST 1976 AP,. • 6E 1196 • IIIE AMERICAN D:SIIIL a EH At. .0 Ii( . . I i', li5v OI n'. ASE NUE, N.W., WASDINGION, D.C. .uu16 A201-P176 1 • INDEX Acceptance of Defective or Non-Conforming Work 6.2.2, 13.3 Cleaning Up 415, 6.3 Acceptance of Work 5 4.2, 9.5-5, 9.8.1, 9.9-1, 29.3 Commencemeru 4 the Work, Conditions Relating to. .3.21, 4.2, Access to Work 2 2.5, 6.2.1 4.7 I, 4.1(1, 5 2.1, 6.2.2, 7.5, 9 2, 11.1.4, 11.3.4 Accident Prevention 2.2.4, 10 Commencement of the Work, Definition of 81.2 Acts and Omissions ?2.4, 4.18.3, 7.4, 7.6.2, 8.3.1, 10.2.5 Communications 222, 326, 4.9.1, 4.16 Additional Costs, Claims for 12.3 Completion, Administration of the Contract 2 2, 4.3.3 Conditions Relating to . . .272.16, 4,11, 4.15, 9.4.2,9.9, 13.2.2 All Risk Insurance 11.3.1 COMPLETION, PAYMENTS AND 9 Allowances 48 Completion, Substantial . ..._2.16, 8.1.1, 5.1.3, 8.2.2, 9.8, 13.2.2 Applications for Payment 2 2.6, 9.2, 9.3, 9.4, Compliance with Laws 1 3, 2.1.1, 4.6, 4,7, 4.13, 9.5.3,9.61,9.8.2,9.9.1,9.9.3,14.2.2 7.1, 7.7, 10.2.2, 14 Approvals 2.2.14, 3.4, 4.3.3, 4.5, 4.12.4 through Concealed Conditions 12.2 412.6, 4.12.8, 4.183, 7.7, 9.3.2 Consent, • Arbitration 227 through 2.2.11, 2-2.19, 6-2 5, Written .. 2 218, 4-14-2, 7._, -.6.22, 28.1, 9.92, 9.9.3, 11-3.9 7.9,83.31 33.7,1 I.;.8 Contract, Den ration of 1 1.2 ARCHITECT 2 Contract Administration 2.2, 4.3.3 Architect, Deiinilion of 2.1 Contract ntract Award and Exeuwun, Conditions Architect, Extent of Authority ., ,2.2,3.4, 4.12.8, 52, 6.3, 7 7.2, Relating to 47.1. 4.10, 5', 7.5. 9.2, 11.1.4, 11.34 81.3,8.3.1,9.2,23.1, '4 9.5.3, L6, 9+3, 79 l 9 9 1 12 1-1. CONTRACT DOCUMENTS 1 1'_.14, 12.3-1, 124.3, 13 I, 11.2.1, 13 2 I-1.2 ( o'Itract Duuur„'ills, Architect, Limitations of Authority and Responsibility 2 ).2 Copies Furnished and tine ill 11, 1.2.5. 5.3 through 2.2.4, 2.210 through 2.2.14, 2.2.17, 2.2.18, Contract Documents, DCltlil(Itie of 1 7.1 Contract Sum, Dclinition of 9.1.1 4.3.3 41?12.6, 5.2.1, 94.2,9.5.4,95.5, 12-4 Contract L rmmalltin 14 Architect's Additional Services ..3.4, 77.2, 13.2.1, 13.2.5, 14.2.2 Contmcl Time, Uelmatnri 01 8'1.1 Architect's Approvals 2.2.14, 3.4, 4.5 4.12.6, 4.12.8, 4.18.3 CONTRACTOR 4 Architect's Authority to Reject Work .. . .2.2.13, 4.5, 'I 3.12, 11-! Contra cur, Definition of 41, 6.1.2 Architect's Copyright 1.5 Contras tors Lniployces 43.2, 4.4.22, 4.8.1, 4.9, 4.18, 10.2.1 Architect's Decisions 2.2.7 through 2.2.13, 6.3, 77_1. thluugh 10.2.4, 10!.6, 10.3, 11.1.1 7.9.1,8.3.1,9.2,9.4,9.61,9.8 1,12.14.123-1 Contractor's liability Insurance 11.1 Architects Inspections 2 2.i3, 2.!16, 9.8.1, 9,9.1 (Junta(rat . Relationship with Architect's Instructions 2 2.13, 2 2.15, 7.7.2, 12 4, 13.1 'mimetic Cnnlrm tors and Owner's Forcer 3 2.7,-6 Architect's Interpretations 2.2.7 through 2.2.10, 12.3.! • Contra(tot s Relationship with Architects On-Site Observations 223, 22.5, 2.2.6, 2.2-17, Subcontractors 11_.-1, 5_', 5-3, 95-2, 11.3.3, 11.3.6 7.7,1, 7.7.4, 9.4.2, 9.6.1, '3.9.1 Corium tors Relationship with l'n•.Art Inlet t 11.2, 22.4, Architect's Project Representative 1.2.17, 2-218 _._ _.!.10, _' '-I t, - 3.3, t.;, 4.7.3,-L I'_6, 4.113, 11.56 Architect's Relationship with Contractor 1 l-2, 2.2.4, 2'2'5, Conlrat fors Ropeisentetinn'. 1 2.2, 4.5, 4.12.5,9.3.3 2.2.10, 2.2.11, 4.1.3, 4.5, 4.7.3, 4.12.6, 4.18, 113 6 Corium 13)C\s Res p.molblhl) Inc Architect's Relationship with Ihmo l'enonning the W1'ntk . 43.1, 4 I8. 10 Subcontractors 11.2, _.!.11, 9.5.3, `i54 Gmltaclot , R,'.ioty Id I .,nita(t I)oc(Intent, . ...1.2.2. 4.1, 4.2.3 Architect's Representations 9'1.2, 9.6,1, 9.21 Contractor's Right to shy the sv,,rk 97 Artistic Effect 121,2.2.11,_1.2.12,7.91 („ima(tors Right to l enouralh' the (onlr,ut 14.1 Attorneys' Fees 418.1, 6.2-5, 99.1 Contiat6tt i. tiu6naWds 2.1 14, 4.10, 4.12, 5.2.1, Award of Separate Contracts 6 1.1 , 2 I,92,9 S.1.9.ii 1.9.9 2,9.93 Award of Subcontracts and Other Contracts for Conn.,'tin's Sup''nnt vnt lent 49, 10 2.6 Portions of the Work 52 Cunha(tip(- i•,pt'tslst in and Bonds, Lien 992 1 nnstiot ttnn I'rnccdutcs 12.4, 2.2.4, 4.3, 4.4, 10 Bonds, Performance, Labor and Material Payment ....75, 9.9.3 Cttntim trial I i.hdnp Insw.mt t• II.I.'S Building Permit 4 7 ( ootdtn.,i.. ii and Certificate of Substantial Completion 9 8.1 (ou,',lion . . . .. 1, 1.2 2, 4 5.1, 410 1, 4.11 5. 6 1 3, 6.21 Certificates tit Inspection, Testing or Approval . . 7.7.1 copies I in nislicti ot 1)t•ntull, .tn,I N' '' iiianuns ..1 1, 1.25, 5.3 Certificates 01 Insurance .91.2, 11.1.1 , Correction of Werk 3.1, 5.4, 10.2.5, 13.2 Certificates for Payment ... 2.2.6, 2' 16 9.4, 9/, I '15.5, 26.1, I ttst, U,'immon tit 12.1.4 9.7 1, 9.8.2, 9.'' 1, 9.9 S ,1.14. 14.22 Costs 1 4, 4.8.3, 113.!, S 2 3, u.1 I, 6.2.3, h 5, 6.3, 7.7.1, Change Orders 1 1.1, 2.2.15, 3 1, 4.13. 5.2.1, 7.7.2, 7 7 2 9.', II..1.1, I I 35, 12.1.1, 12.14, 124. 1512, 13.2, 14 8.3:1, 97, )!1 fl I I 113.5, 11.17, Cutting and Pat.hing of Work 414,6.2 1., 15.2.5, 13.1.1 Damage to theAAntk -. 6.2.4, 1,25. 96-15, 9.1374 1. Change Orders, Deimition of 12.1 I 10.2 I ! I4 I, 11 1, 13.2 6 CHANGES IN THE WORK 5, 4.1 I, 12 Damages, ( lamas li n I. I I, 6'S, ;.4, 8 3 4, 9 6 1.2 Claims for Additional Cost or Time .. . . I'_.! I, 12.3 I lun.w,cs tar ILday 61.1, 8.3.4, 9.7 Claims for Damages 61.1, '' 4, 11,1, 96.1.1 D,n, 1),'tmtlu.0 tit 81.4 AR Di',UNtisur mei . ii.•:i lot t iii]II lItn.i.iiI iiii iCINI i i'. It tl' t ,rAJ Ft . I Pty • .t1,R l!Mill lli,ll•.': • APIA')! IWb 2 A201-1976 st•. ere n,I '.I .]t c's r. ,.n .,tc, Illnt r. I. ., ter, .,s, t(r.l-'.t,n iv 1' t .nx Decisions of the Architect 2.2,9 through 2.2.12, 6.3, 7.7,2, 4.12.6,4.17, 4.18.3,6.2.2, 7.6.2, 9.4.2, 7.9.1, 8.3.1, 9.2, 9.4, 9.6.1, 9.8.1, 12.1.4,12,3.1, 14.2.1 9.9.4,9.9.5, 10.2.5, 11.1.2, 11.3.6 Defecti'e or Non-Contorming Work, Acceptance, Rejection Limitations 01 Time, General 1.2.8, 2.2.14. 3.2.4, 4.2, 4.7.3, and Correction of ....2.2.3, 2.2.13, 3.3, 3.4, 4.5, 6.2.2, 6.2.3, 4.12.4,4.15,5.2.1, 5.2.3, 7.4, 7.7, 8.2, 9.5.2,9.6, 261.1,9.9.4.2,13 9.8,9.9,113.4, 12,1.4, 12.4,13.21, 13.:.22,13.2.5 Definitions 1 1, 2.1, 3.1, 4.1, 4.12.1 through 4.12.3, 5.1, Limitations of Time, Specific 2.2.8, 2.2.12, 3.2.1, 3.4, 6.1.2, 8.1, 9.1.1, 12.1.1, 12.1.4 4,10,5.3,6.2.2, 7.4.2,8.2,8.32,8.3 3,9.2,9.3.1,9.4.1,9.5.1, Delays and Extensions of Time 8 3 9.7, 11.14, 11.3.1,11.3.8, 11.3.9, 12.2,12.3, 132.2, Disputes 2.2.9, 2.2.12, 2.2.19, 62.5, 6.3, 7.9.1 13.2.5, 13.2.7, 14.1, 142.1 Documents and Samples at the Site 411 Limitations, Statutes of 79.2, 13.2.2, 13.2_7 Drawings and Specifications, Use and Loss of Use Insurance 11.4 Ownership of 1 1.1, 1.3, 3.2.5, 5.3 Materials, Labor, Equipment anti 11.1, 4.4, 4.5, 4.1 2, 4.11 Emergencies 10.3 4.15.1, 62.I, 9.3.2, 9.3.3, 11.3.1. X 32.2, 13.2.3. 14 Lntplolees, Contractor's 43.2, 4.4.2, 4.81, 4.9, 4.18, 10.2.1 Materials Suppliers 4121, 5.2.1, 9.3.3 through 10.2 4, 10.2.6, 10.3, 11.1.1 Nleans, Methods, Techniques, Sequences and Equipment, Labor, Materials and ... .1.1.1, 4.4, 4.5, 4.12, 4.13, l'turedures of Construclion 2.2.4, 4.3.1, 94.2 4.15.1, 6.2.1, 932, 9.3.3, 11.3, 13.2.2, 13.2.5, 14 Minor Changes in the Work 1.1.1, '.2.15, 12.4 Execution and Progress of the Work . ...1.1.3, 1.2.3, 2.2.3, 2.2.4, MISCELLANEOUS PROVISIONS 7 2.2.8, 42, 4.4.1, 4.5, 62,2, 7.93, 8.2, Modifications, Definition or 11.1 8.3, 9,6.1, 10.2.3, 111.2.4, 14.2 Modifications to the Contract 1 1.1, 1.1.2, 2.2.2, 2.2.18, Execution, Correlation and Intent of the 4.7.3, 7.9.3, 12 Contract Documi•nls 12, 4.7.1 Mutual Responsibility 62 Extensions of 'time 8 3, 12.1 Non-Conforming Work, Acceptance of Detective or 13.3 1 Failure of Payment by Owner 97,14.1 Notice, Written 12.8, 22.1_' 34, 4.2, 4.7.3, 4.74, 49, Iadure 03 Payment of Subcontractors ..9.5.2,9.6.1.3,99 >, 14 2.1 .1 12.6, 4.12.7,4.17, 5 1.I, 7.3, 74, 7.7, 7.9.2, 81 2, 8.3.2, Final Completion and Final Payment . ._.2.12, 22,16, 9.9, 11 3.1 11.33,941,'1.6.1,'U,9.9.1, '19.5, 10.2.6, 11.1.4, 113.1, financial Acrangemenb, Owners 3 2.1 11.3.4, 11.3.5, 11.3.7, 11.3.8, I.:.2, 12.3, 13.2.2, 13.2 5,14 Fire and Extended Coverage Insurance 11.3.1 Nom es, I'cunlls, Fees and 4 7,102.2 Governing Law 71 Notice of Testing and Inspections Guarantees (See Warranty Notil e to Proceed 81.2 and Warranties) 2.2.16,4.5,9.3.3,9.8.I,9.9.4, 1 4.2,2 Observations, Architect's On-Sae 2.2.3,7.7.1,7.7.4,9.4.2 • ndemnification 4 17, 4.18, 62.5, '1.92 Observations, Contractors I 2.2 42.1,4.7.3 dentifcation of Contract Documents 'I 2.1 Occupancy 8 13,9,5.5,11.3.9 denKLcation of Subcontractors and Suppliers 5.2.1 On-Site Inspections by the Architect 2.2.3,22.16,9.4.2, nformation and '1.N.1,9.9.1 _ Services Required of the Owner 3 2 6,9,11 2,11.3 On-Site Observations by the Au lilted 2!3 2 '.t,2.2_I7, nspecuoos 2.2.13, 2.216, 4.3.3, 7.7, 9.13.1, 9.9,1 7.7.1, .74,9.7 1.6.1,'r'LI nstructions to Bidder; 11.'1,7.5 Orders, Written 33,4.9,1_2.1.4,12.41 13.1 nst ructions to the OWNER 3 Contractor ..... ... .2.22, 3.2 6, 4.13.1, 7.7.2, 12.1.2, 12.1 4 Owner, Definition of 3.1 NSURANCE 98.1, 11 Owner, Information and Services Required of the . . . 3.1 6 1.3, nsurance, Contractor's Liability 11.1 6.2,9 11 2, 11.3 nsurance, Loss of Use '11.4 Owner's Authority _.216, 481, 7.7.2, 9.3.1, 632, nsurance, Owner's Liability 11.2 9.8.1, 11.3.8, 12.1.2, 12.1.4 nsurance, Property 11.3 Owner's (imam rat l .4,ability 3'1 nsurance, Stored Materials 9 3.2,11.3.1 Owner's Liability Insurame 11.2 nsurance Companies, Consent to Parllal Occupant y , . ., I13.9 Owner's Relationship with Sob,ontractnrs I1 2,9.5 nsurance Companies, Settlement With 11.3.11 Owner's Right to Carry Oul the Work 3 4, 1.1 2.4 ntent of Owner's Right to Clean Up 4 15.2, 6.3 the Contrail I Luuntents ... 1.2.3,2.2.10,2.2.13,2.2.14, '12.4 Owner's Right to Perform Work and to Award nterest - 78 Separate Contracts 61 nter retation p 1NnUen 12.1, 22.7, 2.2.8, 2.2.10, 12.4 Owner's Kip,hl to Terminate the Contract 14.2 Labor and Materials, Equipment .. . .1.1.3, 4.4, 4.5, 4.12, 4.1.3, Owner's Right to Stop the Work 3 3 4.15.1, 6.2.1, 9.32, 9.3.3, 11.7, 1 3.2_2,11.2.5, 14 Ownership and Use of Documents 1 1.1,1.3, 32.5,5.2.3 Labor and Ntalenal Payment (Bond 7 5 Talc long om Work, (fitting and 4.14,62 2 Labor Disputes 8 3.1 Patents, Royalties and 417.1 Laws and Regulations 11, 2.1., 4.6, 4 7, 1.1 3, 7.1, Payment Bond, I aboi and Material 7 5 10.2.2, 14 I'I)ml„m, Appli,ations for2.2.6, 9.2, 9 1 9.4, ').53, liens 933 l9.2, 9.9.4.1 '1.61 18.1 19.1 1.93 14.22 I.'notations of Authority 2 ' 3, 7 1 .17, ) 2113, 11.3.8, 72.4.1 Payment, Certilif ate, for 2.2.6, 2,_li '1.4, 9.5.1, Limitations of Llabdu•. 2.2.10 ' 2.1 i, 2.2.14, 1.3- 4.2 1.7.3, 1.55,9.6.1,9.7.1,'18; 191,9.93, 12.1 4, 142.2 2.22..2 U ____ _. _-MADOCMENT3ID1 • 'i NI RAL Conant IONS 1A WI ( NIB`." FInN1lRllr II()N • MIR It I•4111 !hi HUN IPC6 .:IA', lo/t, • , Asti RICAN IN)IITUII OF Al 'II, 7 . I 1, NIAV YORK MTNUI N.W., IVASIo ones, is... ,, A2014976 3 roars. • • Payment, Failure of 9 5.2,9.6.1.3,9.7,9.9.2,14 SUBCONTRACTORS 5 Payment, Final 2.2.12,2.2.16,9.9,13.3.1 Subcontractors, Definition of 51 Payments, Progress 7 8,7.9.3,9.5.5,9.8.2,9.9.3,12.1.4 Subcontractors, Work by 1 2.4,2.2.4,4.3.1,4.3.2 PAYMENTS AND COMPLETION 9 Subcontractual Relations 53 Payments to Subcontractors 9 5.2, 9.5.3, 9.5 4, Submittals 1 3, 4.10, 4.12, 5.2.1, 5.2.3, 9.2, 9.6.1.3, 11.3.3, 14.2 1 9.3.1, 9.8.1, 9.9.2, 9.9.3 Payments Withheld 96 Subrogation, Waiver of 11.3.6 Performance Bond and Labor and Material Payment Bond ..7.5 Substantial Completion 2.2.16,8.1.1,8.1.3,8.2.2,9.8,13.2.2 Permits, Fees and Notices 3 2.3,4.7,4.13 Substantial Completion, Definition of 81.3 PERSONS AND PROPERTY, PROTECTION OF 10 Substitution of Sub«miractors 5 2.3,52.4 Product Data, Definition of 41 1.2 Substitution of the Architect 2.2.19 Product Data, Shop Drawings, Samples and ...2.2.14,4.2.1,4.12 Substitutions of Materials 4 5,12.1.4 Progress and Completion 2 2.3,7.9.3,8.2 Sub-subcontracnns, Definition of 511 Progress Payments 7 8,7.9.3,9.5.5,9.82,9.9.3,12.1.4 Subsurface Conditions 12_2.1 Progress Schedule 410 Successors and Assigns 7 2 Project, Definition of 1.1.4 Supervision and Construction Procedures .12.4,2.2.4,4.3,4.4, 10 Project Representative 22.17 Superintendent, Contractor's 49, 10.2.6 Property Insurance 11.3 Surety, Consent of 99.2,9.9.:1 PROTECTION OF PERSONS AND PROPERTY 10 Surveys 3 "2_2,4.18.3 Regulations and Laws 1 3,2_:1.1,4.6,4.7,4.13,7.1,10.2.2,14 Taxes 46 Rejection of Work 2.2.13,4.5.1,13.2 Termination by the Contractor 14.1 Releases of Waivers and Liens 99.2,9.9.4 Termination by the Owner 14.2 Representations 1 2.2,4.5,4.12.5,9.4.2,9.6.1,9.9.1 Termination of the Architect 2 2.19 Representatives 2.1, 2.2.2, 2.2.17, TERMINATION OF THE CONTRACT 14 2.2.18, 3.1, 4.1,4.9, 5.1,9.3.3 Tests 2.2.13,4.3.3,7.7,9.4.2 Responsibility for Those Performing the Work 2 2.4,4.3.2, lime a 6.1.3,6.2,9.8.1 Time, Definition of 81 Retainage 9 3.1,9.5.2,9.8.2,9.9.2,99.3 Time, Delays and Extensions of 8 3, 12.1, 12.3, 13.2 7 Review of Contract Documents • Time Limits, Specific 2 2.8, ?2.12, 3.2.1, 3 4, by the Contractor 1 2.2,4.2,4.7.3 4.10, 5.3,6.2.2, 7.92,8.2,8.3.2,8.3.3,9.2,9.3.1, Reviews of Contractor's Submittals by 9.4.1,9.5.1, 9.7, 11.1.4, 11.3.1, 11.3.8, 11.3.9, Owner and Architect 22.14,4.10,412,5.2.1,5.2.3,9.2 12.2, 12.3, 11.2.2, 13.2.5,13.2.7, 14.1, 14.2.1 Rights and Remedies 1 1.2,22.12,22.13,3.3,3.4,5.3,6.1, Title to Work 9 3.1,9.3.3 6.3, 7.6,7.9,8.3.1,9.6.1,9.7, 10.3,12.1.2,12.2,1322,14 UNCOVERING AND CORRECTION OF WORK 13 Royalties and Patents 417 Uncovering of Work 13.1 Safety of Persons and Property 10.2 Unfoueen Conditions 83,12.2 Safety Precautions and Programs 2"I.4,10.1 Unit Prices 12.1.3,12.1.5 Samples. Definition of 4 12.3 Use of Documents 1 1.1,1.3. 3.25,5.3 Samples, Shop Drawings, Product Dal- and 2 2.14,4.2,4.12 Use of Site 413,6.2.1 Samples at the Site, Documents and 4.11 Values, Schedule of 92 Schedule of Values 92 Waiver of Claims by the Contractor . ...7.6.2,8.32,9.9.,, 11.3.6 Schedule, Progress 4 10 Waiver tit C!aun5 by the Owner ... ...7.6.2,9.9.4,11.3 6,11.4.1 Separate Contracts and Contractors 414.2,6,11.3.6, 13.1.2 Waiver of Liens 9 9_2 Shop Drawings, Definition of 411.1 Warranty and Warranties .. ..2.2.16,4.5,9.3.3, 9.8.1,9.9.4, 13.2.2 Shop Drawings, Product Data and Samples ... 2.2.14,' 4.12 Weather Delays 8 3.1 Site, Use of 4 13,6.2.1 Work, Defin lion of 1 13 Site Visits, Architect's ! 1 2.2.5. 22.6, 22.17, Work by Owner or by Separate Contractors 6 7.7.1, 7.7.4, 9 41, 9.6.1, 9.9.1 Written C_un,ent -.2.18,4.14.2,7.2,7.6.2,9.8.1,9.9.3 ' ' 4 Site Inspections 1 2.2,:2.3,2.2.16,7.: ,9 8.1 9.9.1 Written Inge'pretations 1 1.1,1.2.4,2.2.0, :_ ;_- Special Inspection and Testing 2.2.1 1,7.7 Written Notice _.2.8.22.1 2,1,4,4.2,4.7.3,4.7.4,4.9,4.12b, Specifications 1 1 1,1.2.4,1.3 4.12 7, 4.17, 5.2.1, 7.3, 7.4, 7.7, 2.9.2, 8.1.2, 8.3 . 6.3.1, Statutes of Limitations 7.9.2, 11 2.2, 13.°27 9.41, 9.6.1, 9.7, 9.9.1, 9.9.5, 10.2.6, 11.1.4, 11.3.1, 11.3.4, Stopping the Work 3 3,9.7.1,10.3,14.1 11.3.5, 11.3.7, 11.3.8, 12.2, 12.3, 13.2.2, 1:3.2.5, 14 Stored Materials 6 2.1,9.3.2,10.2.1.2.11.3.1,13.2.5 Written Orders 3 3,49,12.1.4,12.4.1,13.1 AlA DOCUMENT A161 • r •.I!'.', iONS or''lit CONTRAr.r Dv i i . Ili-il( p • 'D11'e.I1.DID EDITION • {1.,...a :;.e 4 A20I-1976 rl n . u ; ' :tilt. or ARClnituS, I.11 Nt. \rut, '1,', Y.', WAvu.Nc ion _. :uxs 1 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 1.2.2 By executing the Contract, the Contractor represents that he has visited the site, familiarized himself with the CONTRACT DOCUMENTS local conditions under which the Work is to be per- formed, and correlated his observations with the require- 1.1 DEFINITIONS ments of the Contract Documents. 1.1.1 THE CONTRACT DOCUMENTS 1.2.3 The intent of the Contract Documents is to include The Contract Documents consist of the Owner-Contrac- all items necessary for the proper execution and comple- tor Agreement, the Conditions of the Contract (General, tion of the Work. The Contract Documents are comple- Supplementary and other Conditions), the Drawings, the mentary, and what is required by any one shall be as Specifications, and all Addenda issued prior to and all binding as if required by all. Work not covered in the Con- Modifications issued after execution of the Contract. A tract Documents will not be required unless it is consistent Modification is (1) a written amendment ':o the Contract therewith and is reasonably inferable therefrom as being signed by both parties, (2) a Change Order, (3) a written necessary to produce the intended results. Words and ab- interpretation issued by the Architect pursuant to Sub- breviations which have well-known technical or trade paragraph 2.2.8, or (4) a written order for a minor change meanings are used in the Contract Documents in accord- in the Work issued by the Architect pursuant to Paragraph ance with such recognized meanings. 12.4. The Contract Documents do not include Bidding 1.2.4 The organization of the Specifications into divisions, Documents such as the'Advertisement or Invitation to Bid, the Instructions to Bidders, sample forms, the Con- sections and articles, and the arrangement of Drawings tractor's Bid or portions of Addenda relating to any of shall not control the Contractor in dividing the Work these, or any other documents, unless specifically enu- among Subcontractors or in establishing the extent of merated in the Owner-Contractor Agreement. Work to be performed by any trade. 1.1.2 THE CONTRACT 1.3 OWNERSHIP AND USE OF DOCUMENTS The Contract Documents form the Contract for Construe- 1.3.1 All Drawings, Specifications and copies thereof tion. This Contract represents the entire and integrated furnished by the Architect are and shall remain his prop- agreement between the parties hereto and supersedes all erty. They are to be used only with respect to this Project prior negotiations, representations, or agreements, either and are not to be used on any other project. With the written or oral. The Contract may be amended or modified exception of one contract set for each party to the Con- only by a Modification as defined in Subparagraph 1.1.1. tract, such documents are to be returned or suitably, The Contract Documents shall not be construed to create accounted for to the Architect on request at the comple- any contractual relationship of any kind between the Ar- tion of the Work. Submission or distribution to meet offi- chitect and the Contractor, but the Architect shall be cial regulatory requirements or for other purposes in entitled to performance of obligations intended for his connection with the Project is not to be construed as benefit, and to enforcement thereof. Nothing contained publication in derogation of the Architect's common law -inthe Contract Documents shall create any contractual copyright or other reserved rights. relationship between the Owner or the Architect and any ARTICLE 2 Subcontractor or Sub-subcontractor. 11.3 THE WORK ARCHITECT The Work comprises the completed construction required 2.1 DEFINITION by the Contract Documents and includes all labor neces- sary to produce such construction, and all materials and 2.1.1 The Architect is the person lawfully licensed to equipment incorporated or to be incorporated in such practice architecture, or an entity lawfully practicing construction. architecture identified as such in the Owner-Contractor Agreement, and is referred to throughout the Contract 1.1.4 THE PROJECT $ [eocumen•s as if singular in number and masculine in The Project is the total construction of which the Work gender. The term Architect means the Architect or his performed under the Contract Documents may he the authorized representative. whole or a part. 1.2 EXECUTION. CORRELATION AND INTENT 2.2 ADMINISTRATION OF THE CONTRACT 2.2.1 The Architect will provide administration of the 1.2.1 The Contract Documents shall be signed in not less Contract as hereinafter described. than triplicate by the Owner and Contractor. If either the Owner or the Contractor or both do not sign the Condi- 2.2.2 The Architect will be the Owner's representative tions of the Contract, Drawings, Specifications, or any of during construction and until final payment is due. The the other Contract Documents, the Architect shall iden- Architect will advise and consult with the Owner. The tify such Documents. Owner's instructions to the Contractor shall be forwarded ALA DOCUMENT A201 • GENERAL CONDITIONS OF 111E ('INF 9'CT itiR CONS rRUC r ION • THIRTEENTH EDITION • AIIGIIST 1976 Al A• • ;.i 197i• • IHT AML RICAN INSTIL IinE OF A 'it . I! VI'. NEW VoRI. AVENUE. N W., WASIIINcioN, D.C. 2,1006 A201-1976 5 through the Architect. The Architect will have authority show partiality to either, and will not be liable tor the to act on behalf of the Owner only to the extent provided result or any Interprerabon or decision rendered in good in the Contract Documents, unless otherwise modified faith in such capacity. 2 b2 written instrument in accordance with Subparagraph 2.2.11 The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of 2.2.3 The Architect will visit the site at intervals appro- the Contract Documents. priate to the stage of construction to familiarize himself 2.2.12 Any claim, dispute or other matter in question generally with the progress and quality of the Work and between the Contractor and the Owner rewired to the to determine in general if the Work is proceeding in ac- Architect, except those relating to artistic effect as pro- cordance with the Contract Documents. However, the vided in Subparagraph _.2_.11 and except those which have Architect will not be required to make exhaustive or con- been waived by the making or acceptance of final pay- tinuous on-site inspections to check the quality or quan- meat as provided in Subparagraphs 'x.9.4 and 9.9.5, shall tity of the Work. On the basis of his on-site observations be subject to arbitration upon the written demand of ei- as an architect, he will keep the Owner informed of the ther party. However, no demand for arbitration of any such progress of the Work, and will endeavor to guard the claim, dispute or other matter may be made until the Owner against defects and deficiencies in the Work of the earlier of 111 the date on which the Architect has rendered Contractor. a written decision, or 12) the tenth day after the parties 2.2.4 The Architect will not be responsible for and will have presented their evidence to the Architect or hare not have control or charge of construction means, meth- been given a reasonable opportunity to do so, if the ods, techniques, sequences or procedures, or for safety Archite, I has not rendered his written decision by that precautions and programs in connection with the Work, date. When such a written decision (.'1 the Architect states and he will not be responsible for the Contractor's failure (1) that the decision is final but subject to appeal, and to carry out the Work in accordance with the Contract (2) that any demand for arbitration ' t a claim, dispute or Documents. The Architect will not be responsible for or other matter covered by such decision must be made have control or charge Over the acts or omissions or the within thirty days alit- the date on hvhich the party mak- Contractor„Subcontractors, or any of their agent.. rn em- ing the demand scot.is the written decision, failure to ployees, or any other persons performing any ..I lie demand arbitration 'Armin said thirty days' period will re- Work. stilt in the Architect's decision becummg final and binding upon the Owner and the Contractor. If the Architect 2.2,5 The Architect shall at all times have access to the renders a decision after arbitration proceedings have been Work wherever it is in preparation and progress. The initiated, such decision may be entered as evidence but Contractor shall provide facilities for such access so the will not supersede any arbitration proceedings unless the Architect may perform his functions under the Contract decision is acceptable to all parries concerned. Documents. 2.2.13 The Architect will have authority to reject Work 2.2.6 Based on the Architect's observations and an evalu- which does not conform to the C-ontract Documents. ation of the Contractor's Applications fur Payment, the Whenever, in his opinion, he considers it necessary or . Architect will determine the amounts owing to the Con- advisable for the implementation of the intent or the tractor and will issue Certificates for Payment in such Contract Documents, he will have authority to require amounts, as provided in Paragraph 9.4. special inspection or testing tit the Work in accordance 2.2.7 The Architect will be the interpreter of the require- with Subparagraph 7.;'.2 whether or not such Work be menu of the Contract Ducilmerts and the judge of the then t.rbricared, installed or completed. However, neither performance thereunder by both the Owner and Con- the Ardulecl's authority to act under the; Subparagraph tractor. 2.'''.13, nor any decision made by him in good faith either to exercise or not to exercise stir!' authority, shall give 2.2.8 The Architect will render interpretations necessary rise to any dirty Or responsibility of the Architect to the for the proper execution or progress of the Work, with Contractor, any Subcontractor, any of their agents or reasonable promptness and in accordance with any time employees, of any other person performing any of the limit agreed upon. Either party to the Contract may make Work. written request to the Architect for such interpretations. 2.2.14 The Architect will review and approve or take 2.2.9 Claims, disputes and other matters in question I., oil .•r appropriate action upon Contractor's submittals tween the Contractor and the !1 , . .,r.. 0 as Shop Dr.rse rnr'r. I'usdurl l).aa and Samples, but cution or progress of the Work or Ihc iiaelprot.,ti.rir r only for conformance with the design concept of the Contract Documents shall be 'Merit-it initially hi ti Work and with the• information given in the Contra' Architect for deci•.i'm which he will render in writing Documents. Su(ii action shall be taken with reasonable within a reasonable time. promptness so as to cause no delay. The Architect's ap- proval of a specific item shall not indicate approval of 2,2,10 All interpretations and decisions of the Architect shall be consistent with the intent of and reasonably in- an axe°'''sly of which the item is .smponent. ferable from the Contract Documents and will be in writ- 22.t5 The Architect will prepare ' r..rnge Orders in ac- ing or in the form of drawings. In his capacity as inter- cirrclance with Article 12, and will I..ne authority to order meter and judge, he will endeavor to secure faithful per- minor cl,.'•ipes in the Work as pr;. „led in Subparagraph formance by both the Owner and the Contra, !-a, wilt not 122.< ' :u,) ne,ronowI A2n1 • i IINIRsI . i',ii.r)NY Or IHr CON flu. r Wit (iiNsiRa(_r ioN • P'^' .a winos: • • 1976 6 A2O1-1976 .. .. • err. • nu A.0 Ru ,ts ivsnnn! (n ARaurt'., r:', raw sown Avry . :'.osnrNeroN. :COOL 2.2.16 The Architect will conduct inspections to deter- 3.2.5 Unless otherwise provided in the Contract Docu- mine the dates of Substantial Completion and final corn- merits, the Contractor will be furnished, free of charge, pletion, will receive and forward to the Owner for the all copies or Drawings and Specifications reasonably nec- Owner's review written warranties and related documents essary for the execution of the Work. required by the Contract and assembled by the Contrac- 3.2.6 The Owner shall forward all instructions to the tor, and will issue a final Certificate for Payment upon compliance with the requirements of Paragraph 9.9. Contractor through the Architect. 2.2.17 If the Owner and Architect agree, the Architect 3.2.7 The foregoing are in addition to other duties and will responsibilities of the Owner enumerated herein and provide one or more Project Representatives to assist the Architect in carrying out his responsibilities at especially those in respect to Work by Owner or by In- the site. The duties, responsibilities and limitations of Separate Contractors, Payments and Completion, and authority of any such Project Representative shall be as surance in Articles 6, 9 and 11 respectively. set forth in an exhibit to be incorporated in the Contract 3.3 OWNER'S RIGHT TO STOP THE WORK Documents. 3.3.1 If the Contractor fails to correct defective Work as 2.2i8 The duties, responsibilities and limitations of au- required by Paragraph 13.2 or persistently fails to carry thonty of the Architect as the Owner's representative dur- out the Work in accordance with the Contract Docu- ing construction as set forth in the Contract Documents merits, the Owner, by a written order signed personally will not be modified or extended without written con- or by an agent speaflcally so empowered by the Owner sent of the Owner, the Contractor and the architect, in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has 2.2.59 In case of the termination of the employment of been eliminated; however, this right of the Owner to the Architect, the Owner shall appoint an architect stop the Work shall not give rise to any duty on the part against whom the Contractor makes no reasonable objet- of the Owner to exercise this right for the benefit of the iron whose status under the Contract Documents shall be Contractor or any other person or entity, except to the that of the former architect. Any dispute in connection extent required by Subparagraph 6.1.3. With such appointment shall be subject to arbitration. 34 OWNER'S RIGHT TO CARRY OUT THE WORK ARTICLE 3 3.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days atter receipt of written notice OWNER from the Owner to commence and continue correction 3.1 DEFINITION of such default or neglect with diligence and promptness, the Owner may, after seven clays following receipt by the 3.1.1 The Owner is the person or entity identified as such Contractor of an additional written notice and without in the Owner-Contractor Agreement and i referred tc prejudice to any other remedy he may have, make good throughout the Contract Documents as if singular in num- such deficiencies. In such case an appropriate Change • ber and masculine in gender. The term Owner means the Order shall be issued deducting from the payments then Owner or his authorized representative. or thereafter due the Contractor the cost of correcting 3,2 INFORMATION AND SERVICES REQUIRED such deficiencies, including compensation for "he Archi- OF THE OWNER tect's additional services made necessary by such default, neglect or failure. Such action by the Owner and the 3.2.1 The Owner shall, at the request of the Contractor, amount charged to the Contractor are boils subject to the at the time of execution of the Owner-Contractor Agree- prior approval of the Architect. If the paymens then or ment, furnish to the Contractor reasonable evidence that thereafter due the Contractor are not sufficient to cover he has made financial arrangements to fulfill his obliga- sutb amount, the Contractor shall pay the difference to tions under the Contract. Unless such reasonable evi- the Owner. dence is furnished, the Contractor is not required to execute the Owner-Contractor Agreement or to corn- ARTICLE 4 mence the Work. CONTRACTOR 3.2.2 The Owner shall furnish all surveys describing the physical characteristics, legal limitations and utility loca- 4.1 DEFINITION tions for the she of the Project, and a legal description of 4.1.1 Thr Contractor is the person or entity identified as the site. such in the Owner-Contractor Agreement and is referred 3.2.3 Except as provided in Subparagraph 4.7.1, the to throughout the Contract Documents as if singular in Owner shall secure and pay for nece•,s.lry approvals, ease- number and mast(line in gender. The term Contractor ments, assessments and charges required for lie construe_ means the Contra,.l,.l or his authorized representative. tion, use or occupancy of permanent structures or for per- 4 2 REVIEW OF CONTRACT DOCUMENTS manent changes in existing facilities. 4.2.1 The Contractor shall carefully study anti compare 3.2.4 Information or services under the Ow ler's control the Contract Documents and shal at once report to the shall he furnished by the Owner with reasonable prompt- Architect any eunr, incnnslstency of omission lu' nray (u s- ness to avoid delay in the orderly progress of the Work. cover. The Contractor shall not be liable to the Owner or AIA DOCDMEN1 A1eI • GINf1:Al CI)Ntl111ON!,I if THE ( •':1RAI I in'' (•)rJ51Rd( ;II,'; • NIIR1II.Nrii IU ii,IN • \i CHI,' +U.- • 0 1'in, • .'II AMERICAN INsllldrl or AK, wit. '. , ,. NI\\ 1O,•. \+I WE. N.W., 1+'\\IaN(.l(,:. II.C. :..,e A201-1976 7 . the Architect for any damage resulting from any such fees, licenses and inspections necessary for the proper errors, inconsistencies or omissions in the Contract Docu- execution and completion of the Work which are custom- ments. The Contractor shall perform no portion of the anly secured after execution of the Contract and Work at any time without Contract Documents or, where are legally required at the tune the bids are ,i.cel,,, ,: required, approved Shop Drawings, Product Data or 4.7.2 The Contractor shall give all notices and comply Samples for such portion of the Work. with all laws, ordinances, rules, regulations and lawful or- 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES ders of any 4.3.1 The Contractor shall supervise and direct the Work, of the Work public authority bearing on the performance using his best skill and attention. He shall be solely re- sponsible for all construction means, methods, tech- 4.7.3 It is not the responsibility of the Contra Io niques, sequences and procedures and for coordinating make certain that the Contract Documents are in a. . urd- all portions of the Work under the Contract. ance with applicable laws, statutes, building codes and 4.3.2 The Contractor shall be responsible to the Owner Contract regulations. o i) If the are rativar or ancertherewives thain aofny the the acts and omissions of his employees, Subcontrac- spect, he shall promptly notify the Architect in writing, tors and their agents and employees, and other persons and any necessary changes shall be accomplished by ap- performing any of the Work under a contract with the propriate Modification. Contractor. 4.7.4 If the Contractor performs any Work knowing it to 4.3.3 The Contractor shall not be relieved from his obli- he contrary to such laws, ordinances, rules and iegula- gations to perform the Work in accordance with the lions, and without such notice to the Architect, he shall Contract Documents either by the activities or duties of assume full responsibility therefor and shall bear all costs the Architect in his administration of the Contract, in by attributable thereto. inspections, tests or approvals reclined or perfoi me•I an- der Paragraph 7.7 by persons other than the Contra, tors 4.0 ALLOWANCES 4.4 LABOR AND MATERIALS 4.0.1 the Lonna( tot shall in( ludo in the Contract hum all all,nvanc es staled in Ihr Contrast Documents. Items 4.4.1 Unless otherwise provided in the Contract Docu- cuvenc t by these allowances shall b,• supplied for such menu, the Contractor shall provide and pay for all labor, anlount5 and by such prisons as the c1mner nay direct, •,aterials, equipment, tools, construction equipment and but the Contractor will not he require(' Li ,•Inploy persons machinery, water, heat, utilities, transportation, and other .lgairi t whom he makes a Ieasunable objectiona facilities and services necessary for the proper execution 4.0.2 Unless otherwise provided in the Contract Docu- and completion of the Work, whether temporary or per- manent and whether Or not incorporated or to be incur- m°its- posted in the Work. .1 these allowances :.hall (liver the cost to the Con- • tractor, less ,Illy appli(able trade discount, of the 4.4.2 The Contractor shall at all times enforce drat dis- materials and equipment required by the allowance cipline and good order among his employees and skill not delivered .it the sue, and all applicable taxes; employ on the Work any unfit person or anyone not .2 the Contra(tor's costs for unloading and handling • skilled in the task assigned to him. on the site, labor, installation costs, overhead, proi- 4.5 WARRANTY it and other expenses contemplated for the original 4.5.1 The Contractor warrants to the Owner and the allowance shall be included in the Contract Sum and /vilified that all materials and equipment furnishednot in the theall st r; under this Contract will be new unless otherwise speci- .3 whenever the cost is more than or less than the allowance, the Change dr, shall a bet adjusted ich fied, and Thal all Work will be of {;pod quality, free from faults and detects and in conformance with the Contract willingly izy Change Order, the amount of which on Documents. All Work not conforming to these require- will me, h iho changes,ins installation if ,illc, to handling e. costs on 4 the site, l ahoy, untallaliun costs, overhead, profit menu, including substitutions not properly approved and and other expenses. authorized, may be considered defective If re:iuired by the Architect, the Contractor shall furnish satisfactory evi- 4.9 SUPERINTENDENT dence as to the kind and quality of materials and equip- 4.9.1 The C•int rat lur shill employ a competent superin- ment. This warranty is not limited by the provisions of 'rodent and necessary assistants who shall be in attend- Paragraph 13.2. once at Ihr• Project site during the progress of the Work. 4.6 TAXES The sriprnnlende•nl shill represent the Contractor and all «mi ins 4.6.1 The Contractor shall pay all sales, consumer, use binding asit I (give given io lh • the superintendent Importanitl clommul he - and other similar taxes for the Work or portion. thereof naations shill be footnoted in writing Other conununi- provided by the Contractor which are legally enacted at rations shall he so (aniilnled on written request in each the time bids are received, whether or not yet effective. case. 4.7 PERMITS, FEES AND NOTICES 4.10 PROGRESS SCHEDULE 4.7.1 Unless otherwise .rovided in the Contract Uur n- 4.10.1 The Contractor, immediately after being awarded menus, the Contractor shall secure and pay for the built!- the Contract, shall prepare and submit for the Owner's ing permit and for all other permits and governuxmlai and Architect's imnrmati it, an eslinlat, d onleress schc•d- AIA DOCUMENT Am •u• •r nil i RAI l( 1! Ul f • mi• F lit Rlt'CI r IIIk5 ON 1nt xi(i, . Iii ` ., LTC ly-,y 8 A201-1976 ule for the Work. The progress schedule shall be related portions of the Work shall be in accordance with ap- to the entire Project to the extent required by the Con- proved submittals. tract Documents, and shall provide for expeditious and practicable execution or the Work. 4.13 USE OF SITE 4.11 DOCUMENTS AND SAMPLES AT THE S3TE 4.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the 4.11.1 The Contractor shall maintain at the site for the Contract Documents and shall not unreasonably encum- Owner one record copy of all Drawings, Specifications, her the site with any materials or equipment. Addenda, Change Orders and other Modifications, in good order and marked currently to record all changes 4.14 CUTTING AND PATCHING OF WORK made during construction, and approved Shop Drawings, 4.14.1 the Contractor shall be responsible for all cutting, Product Data and Samples. These shall be available to fitting or patching that may be required to complete the the Architect and shall be delivered to him for the Owner Work or to make its several parts fit together properly. upon completion of the Work. 4.14.2 The Contractor shall not damage or endanger any 4.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES portion of the Work or the work of the Owner or any 4.12.1 Shop Drawings are drawings, diagrams, schedules separate contractors by cutting, patching or otherwise altering any work, or by excavation. The Contractor shall and other data specially prepared for the Work by tha Contractor or any Subcontractor, manufacturer, supplier not cut or otherwise alter the work of the Owner or any or olstributor to illustrate some portion of the Work. separate contractor except with the written consent of the Owner and of such separate contractor. The Contractor 4.12.2 Product Data are illustrations, standard schedules, shall not unreasonably withhold from the Owner or any performance charts, instructions, brochures, diagrams and separate contractor his consent to cutting or otherwise other information furnished by the Contractor to illustrate altering the Work. a material, product or system for some portion of the Work. 4.15 CLEANING UP 4.15.1 The Contractor at all times shall keep the premises 4.12.3 Samples are physical examples which illustrate free from accumulation of waste materials or rubbish materials; equipment or workmanship and establish caused by his operations. At the completion of the Work standards by which the Work will be judged. he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construc- 4.12.4 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to tion equipment, machinery and surplus materials. cause no delay in the Work or in the work of the Owner 4.15.2 If the Contractor fails to clean up at the comple- or any separate contractor, all Shop Drawings, Product tion of the Work, the Owner may do so as provided in Data and Samples required by the Contract Documents. Paragraph 3.4 and the cost thereof shall be charged to the 4.12.5 By approving and submitting Shop Drawings, Contractor. Product Data and Samples, the Contractor represents that 4.16 COMMUNICATIONS he has determined and verified all materials, field meas. 4.16.1 The Contractor shall forward all communications urernents, and field construction criteria related thereto, to the Owner through the ArchiteU. or will do so, and that lie has checked and coordinated the information contained within such submittals with 4.17 ROYALTIES AND PATENTS the requirements of the Work and of the Contract Docu- 4.17.1 The Contractor sh,Jl pay all royalties and license meats. fees. Fle shall defend all suits or claims for infringement 4.12.6 The Contractor shall not be relieved of responsi- of any patent rights and shall save the Owner harmless from loss on account. thereof, except that the Owner shall bulgy for any deviation from the requirements of the Contract Documents by the Architect's approval of Shop be responsible for al such loss when a particular design, process or the pros.tict of a particular manufacturer or Drawings, Produc: Data or Samples under Subparagraph 2.2.14 unless the Contractor has specifically informed the manufacturers is specified, but if the Contractor has rea- Archilect in writing of such deviation al the time of sub- ""' to I dirty': Ihat the design, process or product speei- mission and the Architect has given written approval to tied is an infringement of a patent, he shall be responsible the specific deviation. The Contractor shall not be relieved for such loss unless he promptly gives such information to from responsibility for errors or omissions in the Shop the Architect. Drawings, Product Data or Samples by the Architect's 4..18 INDEMNIFICATION approval thereof. 4.18.1 To the tullest extent permitted by law, the Con- tractor 4.12.7 The Connector shall direct specific attention, in shall indemnify and hold harmless the Owner and - writ ng or on resubmitted Shop Drawings, Product Data the Architect and their agents and employees from and against all claims, damages, losses and expenses, including or Samples, to revisions other than those requested by the Architect on previous submittals. but not limited to attorneys' fees, arising out of or result- ing from the performance of the Work, provided that 4.12.8 No portion of the Work requiring submission of a any such claim, damage, loss or expense (1) is attributable Shop Drawing, Product Data or Sample shall be com- to bodily injury, sickness, disease or death, or to injury menced until the submittal has been approved by the to or destruction of tangible property (other than the Architect as provided in Subparagraph 2.2.14. All such Work itself) including the loss of use resulting rfr-eirom. AlA DOCUMI NT ATOM • GENERAL CONDITION':Or 1111 , ',NI'.. "T I(Iv' ('oNSrRnL1 ION • UlIRI,I'itll fII NON • AUGUSt 1416 _ AIA'• • ,:' 1'lJe • (Ill AMLKu-AN INsDicIL Di A... i ill U ,5, : I. NEW yula, MINUL N.W. sA5inrrIciN, U.C 1-u4 A201-1976 9 and (2) is caused in whole or in part by any negligent act such proposed person or entity. Failure of the O:.n,:r or or omission of the Contractor, any Subcontractor, anyone Architect to reply prompiN shall constitute not(t no directly or indirectly employed by any of them or anyone reasonable objection. for whose acts any of them may be liable, regardless of 5.2.2 The Contractor shall not contract with any such whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to ne- proposed Arche person or entity to whom the Owner or the gate, abridge, or otherwise reduce any other right or obli- sions of b r reasonable h5.2.1. .2. The Contractor for shall the probe gation of indemnity which would otherwise exist as to any requi of to contr rct 51a , Contractor eha not rea- party or person described in this Paragraph 4.18. sona required to contract with anyone Ir, whom he has a 4.18.2 In any and all claims against the Owner or the 5,2,3 It. objection. objec- Architect or any of their agents or employees by any 5.2,3 If the Owner or the Architect has reasonable employee of the Contractor, any Subcontractor, anyone torn to shall submit u such proposed substitute person orethi Owner, the o or the directly or indirectly employed by any of them or anyone tor ayareasonable objection,whom the the for whose acts any of them may be liable, the indemnifi- Sum Architect has no eordecreased a he the Contract cation obligation under this Paragraph 4.18 shall not be ccost scc b idc by orbstitutioby the difference appropriate in limited in any way by any limitation on the amount or Change Or shall such substitution Lion r an o n r increase an type of damages, compensation or benefits payable by or Change Order Sum shallb issued; d for an such in substitu- for the Contractor or any Subcontractor under workers' the Contract Contractor allowed for promptly o ndre- or workmen's compensation acts, disability benefit acts or sponsnon unless the submitting nameshas acted d byand Subpara- other employee benefit acts. graph 5.2.1.vely in submitting as required by 4.18.3 The obligations of the Contractor under this Para- graph 5'2'4 The Contractor shall make no substitution for any graph 4.18 shall not extend to the liability of the Archi- feet, his agents or employees,,arising out of (1) the re a- Subcontractor, person or entity previously selected if the P P Owner or Architect makes reasonable objection to such ration or approval of maps, drawings, opinions, reports, substitution. n. surveys, change orders, designs or specifications, or (21 the giving ot or the failure to give directions or instruc- 5.3 SUBCON7KACTUAL RELATIONS tions by the Architect, his agents or employees provided 5.3.1 By an appropriate agreement, written where legally such giving or failure to give is the primary cause of the required for validity, the Contractor shall require each injury or damage. Subcontractor, to the extent of the Work to be per- ARTICLE 5 formed by the Subcontractor, to be bound to the Con- tractor by the terms of the Contract Documents, and to as- sume toward the Contractor all the obligations and re- SUBCONTRACTORS 51 DEFINITION sponsibilitles which the Contractor, by these Documents, assumes toward l rchitect. Said agree- 5.1.1 A Subcontractor is a person or entity who has a di- ment shall preserve and protect t thehe `rights of the Owner rect contract with the Contractor to perform any of the and the Architect under the Contract Documents with re- Work at the site. The term Subcontractor is referred to spect to the Work to he performed by the Subcontractor • throughout the Contract Documents as if singular in num- so that the subcontracting thereof will not prejudice such per and masculine in gender and means a Subcontractor rights, and shall allow to the Subcontractor, unless specifi- ,r his authorized representative. The term Subcontractor cally provided otherwise in the Contractor-Subcontractor does not include any separate contractor or his subcon- agreement, the benefit of all rights, remedies and redress .actors. against the Contractor that the Contractor, by these Docu- 5.1.2 A Sub-subcontractor is a person or entity who has a meals, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into direct or indirect contract with a Subcontractor to per- similar agreements with his Sub-subcontractors. The Con- form any of the Work at the site. The term Sub-subcon- tractor is referred to throughout the Contract Documents tractor shall make ava ecut!e trl each proposed Subcon- es as if singular in number and masculine in gender and tractor, prior to the execution of the Subcontract, copies means a Sub-subcontractor or an authorized representa- of the Contract Docwnrnb to which the Subcontractor five thereof. will be bound by this 2aragraph 5.3, and identify to the Subcontractor any terms ,md conditions of the proposed 5.2 AWARD OF SUBCONTRACTS AND OTHER Subcontract which may be at variance with the Contract CONTRACTS FOR PORTIONS OF THE WORK Documents. Each Subcontractor shall similarly make cop- 5.2.1 Unless otherwise required by the Contract Docu- ies of such Documents available to h,s Sub-subcontractors ments or the Bidding Documents, the Contra(toi, as soon as practicable after the award of the Contract, shall fur- ARTICLE 6 nish to the Owner and the Architect in writing the mimes of the persons or entities (includin,• d ,• v.h,, ,;,. , i„r_ WORK BY OWNER OR BY nish materials or equipment fah.,,,,;. .; SEPARATE CONTRACTORS proposed for each ot the pnoupal portions rt 'be `•'d„k ,1FVNER'S RIGHT TO PERFORM WORK AND The Architect will promptly reply to the Contractor in in AWARD SEPARATE CONTRACTS writing stating whether or not the Owner or the Architect, 6.1.1 Owner reserves the right to perform work re- after due investigation, has reasonable objection to any later! ‘s id) his own forces, and to award 10 A201-1976 AIA DocuMENT A201 • GENERAL CONDITIONS OF THE r i,: TRACT FOR CONSTRUCTION• IHIRT:ENut EDITION •vol. • 111E AMERICAN INSIIIute O7 A,' : IIECrS, 1735 NEW YORK AVENUE, N W., IVASHINGTON,AUGUST 21tMx, • separate contracts in connection with Other portions of and charge the cost thereof to the contractors responsible the Project or other work on the site under these or similar therefor as the Architect shall determine to be just. Conditions of the Contract. It the Contractor claims that delay or additional cost is involved because of such action by the Owner, he shall make such claim as pro- ARTICLE 7 vided elsewhere in the Contract Documents. 6.1.2 When separate contracts are awarded for different MISCELLANEOUS PROVISIONS portions of the Protect or other work on the site, the term 7.1 GOVERNING LAW Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Owner- 7.1.1 The Contract shall be governed by the law of the Contractor Agreement. place where the Project is located. 6.1.3 The Owner will provide for the coordination of the 7.2 SUCCESSORS AND ASSIGNS work of his own forces and of each separate contractor 7.2.1 the Owner and the Contractor each binds himself, with the Work of the Contractor, who shall cooperate his partners, successors, assigns and legal representatives therewith as provided in Paragraph 6.2. to the other party hereto and to Cie partners, successors, 6.2 MUTUAL RESPONSIBILITY assigns and legal representatives of such other party in re- spect to all covenants, agreements and obligations con- 6.2.1 The Contractor shall afford the Owner and separate tained in the Contract Documents. Neither party to the contractors reasonable opportunity for the introduction Contract shall assign the Contract or sublet It as a whole and :forage et their materials and equipment and the without the written consent or tile other, nor shall the execi.Gon of their work, and shall connect and coordinate Contractor assign any moneys clue or to become due to his Work with theirs as required by the Contract Docu- him hereunder, without the precious written consent of moms. the Owner. 6.2.2 If any part of the Contractors Work depends for 7.3 WRITTEN NOTICE proper execution or results upon the work of the Owner 7.3.1 Written notice shall be deemed to have been duly Or any separate contractor, the Contractor shall, prior to served if delivered in person to the individual or member proceeding with the Work promptly report to the Archi- of the hum or entity or to an officer of the corporation for tect any apparent discrepancies or defects in such other whom it was intended, Or it delivered at or sent by regis- work that render it unsuitable tear such proper execution tered or certified mail to the last business address known and result.. Failure of the Contractor so lac report shall constitute an acceptance of the Owner's or separate con- to hem who gives the notice. tractors' work as fit and pother to receive his Work, ex 7.4 CLAIMS FOR DAMAGES cept as to defects which may subsequently become appar- 7.4.1 Should rent in such work by others. either patty to the Contract suffer injury or damage to person or property because of any act or omis- sion _ of the other party or of any of his employees, agents 6.2.3 Any costs caused by defective or ill-timed work or others tor whose acts he is legally liable, claim shall be shall be borne by the party responsible there'oc made in writing to such other party within a reasonable 6.2.4 Should the Contractor wrongfully cause damage to time after the first observance of such injury or damage. the work or property of the Owner, or to other work on the site, the Contractor shall promptly remedy such dam- 7.5 PERFORMANCE BOND AND LABOR AND age as provided in Subparagraph 10.2.5. MATERIAL PAYMENT BOND 6.2.5 Should the Control for yrcngfully cause damage to 7.5.1 The Owner shall have the right to require the Con- tractor to furnish bonds covering the faithful performance the work or property of any separate contractor, the Con- of the Contract and the payment of all obligations arising tractor shall upon due notice promptly attempt to settle thereunder it and as required in the Bidding Documents with such other contractor by agreement, or Otherwise to or in the Contract Documents. resolve the dispute. If such separate contractor sues or initiates an arbitration proceeding against the Owner on 7.6 RIGHTS AND REMEDIES accouft of any damage alleged to have been caused by 7.6.1 The duties and obligations imposed by the Contract the Contractor, the Owner shall notify the Contractor who shall defend such proceedings at the Owner's ex- D der shall bed the rights and remedies a limitation i any under shall be in s to and not i si th of any penes, and if any judgment or award against the Owner duties, obligations, rights and remedies otherwise im- arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorneys' fees .cod I"'ssd of available by law. court a arbitration costs which the Owner has incurred. 7.6.2 No action or i ailuie to act by the Owner, Architect 6.3 OWNER'S RIGHT TO CLEAN UP or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any 6.3.1 If a dispute arises between the Contractor and sepa- such at lion or failure to act constitute an approval of or rate contractors as to their responsibility for cleaning up acquiescrn(e in any breach thereunder, except as may be as required by Paragraph 4.15 the Owner may clean up specifically ,agreed in \riling, AIA DOCUMENT A201 • ( [NU RAI CONDITIONS OF IIIE CONrRACI TOR a ' dAII:UCIION • IInR I LEN III EDITION • AUGUST 076 AIA' • (c) t'171 • tin .nlIRICAN tN'IIEUtI nl ARCIIIn CI'. r. :. `.1w VRI, vt.nul, N.W., 1vASmNGtON, D.C. 20006 A201-1976 11 7.7 TESTS required if complete relief is to be accorded in the arbi- 7.7.1 If the Contract Documents laws, ordinances, rules, tration. No person other than the Owner or Contractor regulations or orders of an, public authority having juris- shall be included as an original third party or additional diction require any portion ,a the Work to be inspected, third party to an arbitration whose interest or responsi- tested or approved the Contractor shall give the Architect bility is insubstantial. Any consent to arbitration involving timely notice of its ieadiness so the Architect may observe an additional person or persons shall not constitute con- such inspection, testing or approval. The Contractor shall sent to arbitration of any dispute not described therein or bear all costs of such inspections, tests or approvals con- with an person not named or described therein. The ducted by public authorities. Unless otherwise provided, foregoti a agreement to arbitrate and any other agreement the Owner shall bear all costs of other inspections, tests to arbitrate with an additional person or persons duly or approvals. consented to by the parties to the Owner-Contractor Airre1O1pnt shall he specifically enforceable under the 7.7.2 If the Architect determines that any Work requires special inspection, testing, or approval which Subpara- arbitrators prbvai arbitrationhafi law. The award rendered be byentered the graph 7.7.1 does not include, he will, upon written au- it shall be ceal, and judgment may be court thorization from the Owner, instruct the Contractor to upon it in jurisdiction acc the with applicable law in any court order such special inspection, testing or approval, and the having thereof. Contractor shall give notice as provided in Subparagraph 7.9.2 Notice of the demand for arbitration shall be filed 7,7.1. Ii such special inspection or testing reveals a failure in writing with the other party to the Owner-Conn.(for of the Work to comply with the requirements of the Con- Agreement and with ;he American Arbitration As„„L,• tract Documents, the Contractor shall bear all costs there- tion, and a copy shall be filed \\e,. i,•• :\rchit• I. The of, including compensation for the Architect's additional demand for arbitration shall he fir ..,,• ,within time services made necessary by such failure; otherwise the limits specified in Subparagraph 2-J. I i where al hale, - Owner shall bear such costs, and an appropriate Change and in all other cases within a rea"mable time ,e,. the Order shall be issued. claim, dispute or other matter in question has arisen, and institu- 7.7.3 Required certificates of inspection, testing or ap- tionin no event shall it be made after the date when proval shall be secured by the Contractor and promptly clan , legal sp or equitable le [ter it1 qua on on such deliveted by him to the Architect. glum, dispute of other matter m question would be barred by the applicable statute of limitations. 7.7.4 If the Architect is to observe the inspections, tests 7.9.3 Unless otherwise •toed in writing, die Contractor or approvals required by the Contract Documents, he will shall carry on the Work and maintain its progress during do so promptly and. where practicable, at the source of any arbitration pnin•edings, and the Owner shall con- supply. tinue to make payments to the Contractor in accordance 7.8 INTEREST with the Contract Documents. 7.8.1 Payments due and unpaid under Mc •mtract ARTICLE 8 Documents shall bear interest from the date i 'went is • due at such rate as the parties may agree upon in writing TIME or, in the absence thereof, at the legal rate prevailing at g 1 DEFINITIONS the place of the Project. . 7,9 ARBITRATION 8.1.1 Unless otherwise provided, the Contract Time is the 7.9.1 All claims, disputes and other matters in period of time allotted in the Contract Documents for question Substantial Completion of the Work as defined in Sub- between the Contractor and the Owner arising out of, or paragraph 8.1.3, including authorized adjustments thereto. relating to, the Contract Documents or the breach there- of, except as provided in Subparagraph 22.11 with re- 8.1.2 The date of commencement •r1 the Work is the date spect to the Architect's decisions on matters relating to established in a notice to proceed. ti there is no notice to artistic effect, and except for claims which have been proceed, it shall be the date of the Owner-Contractor waived by the making or acceptance of final payment as Agreement or such other elate as may be established provided by Subparagraphs 9.9.4 and 9.9.5, shall he de- therein. cided by arbitration in accordance with the Construction tS l 3 The Date of Substantial Completion of the Work or Industry Arbitration Rules of the American Arbitration - designated portion thereof is the Date certified by the Association then obtaining unless the parties mutually relating when construction is. sufficiently complete, in agree otherwise. No arbitration arising out of of to the Contract Documents shall include, by ronv,ltda- accordance with the Contract Documents, so the Owner Lion, joinder or in any other manner, the Architect, his tan occupy or utilize the Work or designated portion employees or consultants except by written consent con- thereof for the use for who it is intended. taining a specific reference to the Owner-Contractor 8.1.4 The term day as used in the Contract Documents Agreement and signed by the Architect, the Owner, the shall mean calendar day unless otherwise specifically Contractor and any other person sought to be joined No designated. arbitration shall include by consolidation, joinder rir in any other manner, parties other than the Ownei 8.2 PROGRESS AND COMPLETION Contractor and any other persons substantially in..dved 8.2.1 All time limits stated in the Contract Documents are in a common question of fact or law, whose pre., rice is of the essence of the Contract. iO ------ •-T- - iii EDITION AIA DOCUMENT A201 • G[NCRAI. i ;H NS Or TIIE r -"- 12 A201-1976 AIAA • t, 11 r • Tin Anti Ri, . •I It it nt "' i 171 Cow xUCTI Av • TI iIRiAV.I SHINGAl LC. 1976 - ARCM Ii, IS IJl Now mkt; \\I Nlll Y.\V.. ',\:\ti111NGTON, II C. 20006 • 8.2.2 The Contractor shall begin the Work on the date of by such data substantiating the Contractor's milt to pay- commencement as deigned in Subparagraph 8.1.2. lie ment as the Owner or the Architect may require, and re- shall carry the Work forward expeditiously with adequate fleeting retainage, if any, as provided elsewhere in the forces and shall achieve Substantial Completion within Contract Documents. the Contract Time. 8.3 DELAYS AND EXTENSIONS OF TIME 9.3.2 Unless otherwise provided in the Contract Docu- ments, payments will be made on account of materiais or 8.3.1 If the Contractor is delayed at any time in the prop- equipment not incorporated in the Work but delivered ress or the Work by any act or neglect of the Owner or and suitably stored at the site and, if approved in ad- the Architect, or by any employee of either, or by am, sauce by the Owner, payments may sirnilarl be made separate contractor employed by the Owner, or by for materials or equipment suitably stored at some other changes ordered in the Work, or by labor disputes, fire, location agreed upon in ss ri ung. Payments for materials unusual delay in transportation. adverse weather condi- or equipment stored on or or: the site shall be con- bons not reasonably anticipatable, unavoidable casualties, ditioned upon submission by th_ Contractor of bills of or any causes beyond the Contractor's control, or by de- sale or such other procedures satisfactory to the Owner lay authorized by the Owner pending arbitration, or by to establish the Owner's title to such materials or equip- any other cause which the Architect determines may meat or otherwise protect the Owner's interest, including justify the delay, then the Contract Time shall be ex- applicable Insurance and transportation to the site for tended by Change Order for such reasonable time as the those materials and equipment stored oft the site. Architect may determine. 9.3.3 flu Contractor warrants that title to ail Work, 8.3.2 Any claim for extension of time shah be made in materials and equipment co‘ered by an Application for writing to the Architect not more than twenty days after Payment will pass to the Owner either by incorporation in the commencement of the delay; otherwise it shall be the construction or upon the receipt of payment by the waived. In the case of a continuing delay only one claim Contractor, whichev,•r (,(curs first, tree and clear of all is necessary. The Contractor shall provide an estimate of liens, claims, security interests or encumbrances, herein- the probable effect of such delay on the progress of the after referred to in this Article 9 as "liens"; and that no Work. Work, materials or equipment covered by an Application 8.3.3 If no agreement is made stating the dates upon for Payment will have been acquired by the Contractor, which or by any oiler person performing Work at the site or interpretations as provided in Subparagraph 2.2.8 shall be furnished, then no claim for delay shall be al- tumishin:; materials and equipment for the Project, sub- lowed on account of failure to furnish such interpreta_ loch to an ap,r°('meat under which an interest !herein or other- (ions until fifteen days after written request is made for a" n''uumbranu• ther•on is retained by the seller or other- them, and not then unless such claim is reasonable. wise imposed by the Contractor or such other person. 8.3.4 This Paragraph 8.3 does not exclude the recovery 9.4 CERTIFICATES FOR PAYMENT of damages for delay by either party under other provi- 9.4.1 The Architect will within seven days after the re- ' dons of the Contract Documents, ceipt of the Contractor's Application for Payment, either ARTICLE 9 issue a Certificate for Payment to the Owner, with a copy to the Contractor, foi such amount as the Architect determines is properly clue, or notify the Contractor in PAYMENTS AND COMPLETION writing his reasons fur withholding a Certificate as pro- 9.1 CONTRACT SUM vided in Subparagraph 9.6.1. 9.1.1 The Contract Sum is stated in the Owner-Contractor 9.4.2 The eou.m(e of a Certificate for Payment will con- Agreement and, including authorized adjustments thereto, simile a representation by the Architect to the Owner, comprising the Application is the total amount payable by the Owner to the Contras- based on his observations at the site as provided in Sub- is fyr the performance of the Work under the Contract paragraph 2.2.3 and the data Documents. tor Payment. that the Mel. has progressed to ;he point • indicated; that, to the best of his knowledge, information 9.2 SCHEDULE OF VALUES and belief, the qual;lv of the holk is in accordance with 9.2.1 Before the first Application for Payment, the Con- the Contract Documents [subject to an evaluation of the tractor shall submit to the Architect a schedule of values Work for conformance with the Contract Documents allocated to the various portions of the Work, prepared in updn Substantial Completion, to the results of any subse- such form and supported by such data to substantiate its rlonl tests required by or performed under the Contract accuracy as the Arc'oiteci may require This schedule, un- Doc unions, !u minor deviations from the Contract Docu- less objected to by the Architect, .hall be used only as a molds correctable prior to completion, and to any specific qu.rllncatiuns stated in his Certificate; and that the Con- bases for the Contra eplr's Applications for Payment. 9.3 APPLICATIONS FOR PAYMENT tractor is entitled to payment in the amount certified. I loweyer, by issuing a Certificate for Payment. the Archi- 9.3.1 At least ten days before the date for each progress tent shall not thereby be deemed to represent that he has payment establisher' in the Owner-Contractor Agreement, made exhaustive or continuous on-site inspections to the Contractor shall submit to the Architect an itemized check the quality or quantity of the Work or that he has Application for Payment, notarized if required supported reviewed the consnuc loon means. methods, techniques, AIA DOCUMENT A201 • Ia\ILA! C(r.l l lib 155 l li till C 1'Ai 1114 , :,..;ti-( ,,.' I, _+I4• • .• p,,r. • II \11K1r\'. IN,.;wit, ul .1' ll' :I I IA II!'.11 -5s n\ • ,\I O: '7 'u l\ ,1111 \VINO' ',•.v \51,9oi1IN ION, tit. 711y.6 A201-1976 13 sequences ur procedures, or that he has made any exam- .4 reasonable evidence that the Work cannot be corn- mation to ascertain how or for what purpose the Contrac- pleted for the unpaid balance of the Contract Sum, tor has used the moneys previously paid on account of .5 damage to the Owner or another contractor, the Contract Sum. .6 reasonable evidence that the Work will not be com- pleted within the Contract Time, or 9.5 PROGRESS PAYMENTS .7 persistent failure to carry out the Work in accord- 9.5.1 After the Architect has issued a Certificate for Pay- ante with the Contract Documents. ment, the Owner shall make payment in the manner and within the time provided in the Contract Documents. 9.6.2 bVhen the above grounds in Subparagraph 9.6.1 are removed, payment shall be made for amounts withheld 9.5.2 The Contractor shall promptly pay each Subcon- because of them. tractor, upon receipt of payment from the Owner, out ot 9.7 FAILURE OF PAYMENT the amount paid to the Contractor on account of such Subcontractor'. Work, the amount to which said Subcon- 9.7.1 It the Architect does not issue a Certificate for tractor is entitled, reflecting the percentage actually re l'•))•mc nt, through no fault of the Contractor, within seven tained, if any, from payments to the Contractor on ac- days alter receipt of the Contractor's Application for Pay- count of such Subcontractor's Work, The Contractor shall, ter the date established in the Contract ment, or if the Owner does not pay the Contractor within by an appropriate agreement with each Subcontractor, re- seven days al quire each Subcontractor to make payments to has Sub- Documents any amount certified by the Architect or subcontractors in similar manner, awarded by arhinatunl, then the Contractor may, upon seven additional days' written notice to the Owner and 9.5.3 The Architect may, on request and at his discretion, Ihr Architer 1, stop the Work until payment of the amount furnish to any Subcontractor, if practicable, information owing has been rec coed. Ibe Contract Sum shall be in- regarding the percentages of completion or the .Imuunls c wised by the amount of the Contractor's reasonable applied for by the Condit tor and :he al lion taken there- [Leas of shut-down, delay and start-tip, which shall be M- on by the Architect or) account ot Work done by such trued by appropriate Change Order in accordance with Subcontractor. I'a agrat di 12.3. 9.5.4 Neither the Owner nor the An triter I shall Irate an. 9.8 SUBSTANTIAL COMPLETION obligation to pay or to see to the payment of ins moony; 9.8.1 When the Contractor considoe, that the Work, or to any Subcontractor except as may otherwise be required ,l designated portion therein which is acceptable to the by law. Owner, i, ,ubstanll.11ly complete as defined in Subpara- graph ILI..i, the (.onto( for shall prepare for submission 9.5.5 No Certificate for ,I 0M NI s p.l)un tit, ern anA' In Me Arc tenet t ,I list ot items to he completed or cur- progress payment, nor ,Any partial or color usr of Mt o- rocs rd. the linkup In include any items on such list does pancy of the Project by the Owner, shall (onetiunr all not alter the responsibility ui the Contractor to complete acceptance of any Work not In ace Andante with the Con- all Work in accordance with the Contract Documents. tract Documents. When the Architect on the basis of in inspection deter • - 9.6 PAYMENTS WITHHELD min's that the Work or designated portion thereof is sub- stantially complete, he will then prepare a Certificate of 9.6.1 The Architect may decline to certify payment and Substantial Completion which shall establish the Date of • may withhold his Certificate in whole or in part, to the Substantial Completion, shall state the responsibilities of extent necessary reasonably to protect the Owner, if in ow Owner and the contra(tor. for security, maintenance, his opinion he is unable to make representations to the heat, utilities, damage to the Work, and insurance, and Owner as provided in Subparagraph 9.4.2. If the Architect ,hall lix Ihr tine within Whit h the Contractor shall com- is unable to make representations in the Owner as pro- plete the items listed therein. Warranties required by the vided in Subparagraph 9.4.2 and to certity payment in the Contract Documents shall continence on the Dale of Sub- amount of the Application, he will notify the Contractor stantiai ( onq)teIion of the Work or designated portion as provided in Subparagraph 9.4_"1. If the Contra'tor ;cod thereof unless otherwise provided in the Certificate of the Architect cannot agree tin a levied amount, the Substantial Completion. The Col nn. de of Substantial Architect will promptly issue a C:•rlifirale for Payment Completion shall be submitted to on Owner and the for the amount for which he I- able to make such rep- Contractor for their cc!Men arceptanc e of the respnmsi- resenlationa to the Owner. The Architect may also decline thirties .assigned to then) in such Certificate. to certify payment or, because of subsequently di•.ucv- ered evidence or subsequent C h,rreations, he may n,lllly g.8.2 !LIMO Sllbclanlidl C omplelion of the Work or desig- nated LIMO. Ihereot and upon aural',(Ilion by the Con- previously issued, to such extent as may be necessary in rut or and t 'i lilicatiun by the Architect, the Owner shall his opinion to protect the Owner from loss because of: make rake payment, reflectint, adjustment m [damage. if any, for such Work or portion thereof, as provided in the Con- .1 detective Work not remedied. • (tact Documents. .2 third party claims filed or reasonable evidence in.ii eating probable filing of such , bums, 9.9 FINAL COMPLETION AND FINAL PAYMENT .3 failure of the Contractor to real " .,.,loin ... 9.9.1 Upon receipt of written notice that the Work is elly to Subcontractors or for labor. materials or ready for final inspection and acceptance and upon re- equipment, ' reipl of ,l tonal Application for Payment. the Architect will ALA noCUMINI A2111 • (,I',I\:+l1 L]Itl I IO'N%to lilt AONILL+I t e•, ccNc)R(+ IOC. • II LIRtrl Nil rlllll(1\ • AUCUSI Co 14 A201-1976 AI+- . ._. rr,. . MI ++n RI. ,'intro ,n ARCM nlcis I I-, NI vier; Ail♦ ,r. Nw. WASHINGTON, Oa ...K promptly make such inspection and, when he finds the 9.9.5 The acceptance of final payment shall constitute a Work acceptable under the Contract Documents and the waiver of all claims by the Contractor except those previ- Contract fully performed, he will promptly issue a final ousts made in writing and identified by the Contractor Certificate for Payment stating that to the best of his as unsettled at the time of the final Application for Pay- knowledge, information and belief, and on the basis of menu his observations and inspections, the Work has been com- ARTICLE 10 pleted in accordance with the terms and conditions ,:r the Contract Documents and that the entire balance found to PROTECTION OF PERSONS AND PROPERTY be due the Contractor, and noted in said final Certificate, 10.1 SAFETY PRECAUTIONS AND PROGRAMS is due and payable. The Architect's final Certificate for Payment will constitute a further representation that the 10.1.1 The Contractor shall be responsible for initiating, conditions precedent to the Contractor's being entitled to maintaining and supervising all safety precautions and final payment as set forth in Subparagraph 9.9.2 have been programs in connection with the Work. fulfilled. 10.2 SAFETY OF PERSONS AND PROPERTY 9.9.2 Neither the final payment nor the remaining re- tamed percentage shall become due until the Contractor 10.2.1 The Contractor y shall take all reasonable sonabl- submits to the Architect (1) an affidavit that all payrolls, Pons for the safety of, and shall provide all reasonable bills for materials and equipment, and other indebtedness . all to prevent damage, injury or loss tc: connected with the Work for which the Owner or h,sw•1 all employees fe the Work and all other persons property might in any way be responsible, have been paid .2 all theo may be affected thereby; or otherwise satisfied, (2) consent of surety, if any, to finalall Work and all materials and equipment to payment and (3), if required by the Owner, other data be incorporated therein, whether in storage on or ofestablishing payment or satisfaction of all such oblige- th the site, under the care, custody or control of lions, such as receipts, releases and waivers of liens aris- the Contractor or any of his Subcontractors or ing out of the Contract, to the extent and in such form Sub-subcontractors; and as may be designated by the Owner. It any Subcontractor 3 other property at the site or adjacent thereto, in- as refuses to furnish a release or waiver required by the eluding, trees, shrubs, lawns, walks, pavements, Owner, the Contractor may furnish a bond satisfactory to roa emovays, structures and utilities not designated for the Owner to indemnify him against any such lien. If removal, relocation or replacement in the course any such lien remains unsatisfied after all payments are of construction. made, the Contractor shall refund to the Owner all mon- 10.2.2 The Contractor shall .give all notices and comply eys that the latter may be compelled to pay in discharging with all applicable laws, ordinances, rules, regulations and such lien, including all costs and reasonable attorneys' lawful orders of any public authority bearing on the safety fees. • of persons or property or their protection from damage, 9.9.3 If, after Substantial Completion of the Work, final injury or loss. completion thereof is materially delayed through no fault 10.2.3 The Contractor shall erect and maintain, as re- of the Contractor or by the issuance of Change Orders quired by existing conditions and progress of the Work, affecting final completion, and the Architect so confirms, all reasonable safeguards for safety and protection, in- the Owner shall, upon application by the Contractor and eluding posting danger signs and other warnings against certification by the Architect, and without terminating hazards, promulgating safety regulations and notifying the Contract, make payment of the balance due for that owners and users of adjacent utilities. portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or con- 10.2.4 When the use or storage of explosives or other rested is less than the retainage stipulated in the Contract hararclous materials or equipment is necessary for the Documents, and if bonds have been furnished as provided execution of the Work, the Contractor shall exercise the in Paragraph 7.5, the written consent of the surety to the utmost care and shall carry on such activities under the payment of the balance due for that portion of the Work supervision of propel ly qualified personnel. fully completed and accepted shall he submitted by the Contractor to the Architect prior to certification of such 10.2.5 The Contractor shall promptly remedy all damage payment. Such payment shall be made under the terms or loss (other than damage or loss insured under Para- and conditions governing final payment, except that it graph 11.3) to any property referred to in Clauses 10.2.1.2 shall not constitute a waiver of claims. an;] 10.2.1.3 caused in whole or in part by the Contractor, any Subcontractor, any Sub-subcontractor, or anyone di- 9-9.4 The making of final payment shall constitute a redly or indirectly employed by any of them, or by any- • waiver of all claims by the Owner except those arising one for whose acts any of them may be liable and for from: which the Contractor is responsible tinder Clauses 10.2.1.2 .1 unsettled liens, and 10.2.1.3, except damage or loss attributable to the .2 faulty or defective Work appearing after Substantial acts or Omissions of the Owner or Architect or anyone Completion, directly or indirectly employed by either of them, or by .3 failure of the Work to comply with the require- anyone for whose acts either of them may he liable, and ments of the Contract Documents, or not attributable to the fault or negligence of the Contrac- .4 terms of any special warranties required by the tor. The foregoing obligations of the Contractor are in Contract Documents. addition to his obligations under Paragraph 4.18. AIA DOCUMENT A101 • CENTRAL CONDITIONS OF THE rON TRACT FOR CONSTRUCTION • LHIRTEENTIr EDITION • AUGUST 1476 \Ike • c, i•.76 • 'tit AML RICAN INSTITIIIt OF ARr Hind IS, 1-14 MW YORA AVrNIII, N U', w'ASHINGTON D.C. _HH6 A201-1976 15 • 10.2.6 The Contractor shall designate a responsible mcnr- coverages afforded under the policies will not be can- ber of his organization at the site whose duty shall be the celled until at least thirty days' prior written notice has prevention of accidents. This person shall be the Contrac- been given to the Owner. tor's superintendent unless otherwise designated by the 11.2 OWNER'S LIABILITY INSURANCE Contractor in writing to the Owner and the Architect. 11.2.1 The Owner shall be responsible for purchasing 10.2.7 The Contractor shall not load or permit any part and maintaining his own liability insurance and, at his of the Work to be loaded so as to endanger its safety. option, may purchase and maintain such insurance as 10.3 EMERGENCIES will protect him against claims which may arise from operations under the Contract. 10.3.1 In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to 11,3 PROPERTY INSURANCE prevent threatened damage, injury or loss. Any additional 11.3-1 Unless otherwise provided, the Owner shall pur- compensation or extension of time claimed by the t on- chase and maintain property insurance upon the entire tractor on account of emergency work shall be deter- Work at the site to the full insurable value thereof. This mined as provided in Article 12 for Changes in the Work. insurance shall include the interests of the Owner, the ARTICLE 11 contractor, Subcontractors and Sub-subcontractors in the Work and shall insure against the perils of fire and INSURANCE ex- tended coverage and shall include ail risk" insurance for physical loss or damage including, s.Ithout duplication of 11,1 CONTRACTOR'S LIABILITY INSURANCE coverage, theft, vandalism and malicious mischief. If the Owner does not intend to purchase such insurance for 11.1.1 i! e Contractor shall purchase and maintain such the full insurable value of the entire Work, he shall in- insurance as will protect him from claims set forth below form the Contractor in writing prior to commencement which may arise out of or result trom the Contractor's of the Work. The Contractor may r'_ n effect insurance operations under the Contract, whether such operations which will protect the interests of hit,. ,-if, his Sub.ontrac- be by himself or by any Subcontractor or by anyone di- tors and the Sub-subcontractors in t!:1• Work, and by ap- rectly or indirectly employed by any of them, or by any- propriate Change Order the cost tine --.d shall be charged one for whose acts any of them may be liable: to the Owner. If the Contractor is Jr :triaged by failure of .1 claims under workers' or workmen's compensation, the Owner to purchase or maintain such insurance and to disability benefit and other similar employee bene- so notify the Contractor. then the Owner shall bear all fit acts; reasonable costs properly attributable_ thereto. If not cov- .2 claims for damages because of bodily injury, oc- Documents, under the all risk insurance or otherwise provided cupational sickness or. disease, or death of his in the Contract Documen , the Contractor shall effect employees; and maintain similar property insurance on portions of the Work stored oft the site or in transit when such por- .3 claims for damages because of bodily injury, sick- tions of the Work are to be included in an Application • ness or disease, or death of any person other than for Payment under Subparagraph 9.3.2. his employees; .4 claims for damages insured by usual personal in- 11.3.2 The Owner shall purchase and maintain such boiler jury liability coverage which are sustainer) (1) by and machinery insurance as may be required by the Con- ant' person as a result of an offense directly or in- tract Documents or by law. This insurance shall include directly related to the employment of such person the interests of the Owner, the Contractor, Suhcontrac- by the Contractor, or (2) by any other person; tors and Sub-subcontractors in the Work. 15 claims for damages, other than to the Work itself, 11.3.3 Any loss insured under Subparagraph 11.3.1 is to because of injury to or destruction of tangible be adjusted with the Owner and made payable to the property, including loss of use resulting therefrom; Owner as trustee for the insureds, a, their interests may and appear, subject to the requirements of any applicable .6 claims for damages because of bodily injury or mortgagee clause and of Subparagraph 11.3.8. The Con- death of any person or property damage arising tractor shall pay each Subcontractor a just share of any out of the ownership, maintenance or use of any insurance moneys received by the Contractor, and by ap- motor vehicle. propriate agreement: written where legally required for validi;y, shall rego're each Subcontr ictor to make pay- 11.1,2 The insurance required by Subparagraph 11.1.1 shall menu to his Sub—..r.i ontractors in ,arula, n,•inner. be written for not less than any limits of liability specified in the Contract Documents, or required by law, which- 11.3.4 The Owner shall file a copy of all policies with the ever is greater. Contractor before an exposure to loss may occur. 11.1.3 The insurance required by Subparagraph 11.1.1 11.3.5 If the Contactor requests in writing that insurance shall include contractual liability insurance apple able to for risks other than those described in Subparagraphs the Contractor's obligations under Paragraph 4.1+L 11.3.1 and 11.3.2 or other special hazards be included in the property insurance policy, the Owner shall, if pos- 11.1.4 Certificates of Insurance acceptable to the Owner Bible, include such insurance, and the cost thereof shall shall he filed with the Owner prior to commencement of he charged to the Contractor by appropriate Change the Work. These Certificates shall contain a provision that Order. AIA DOCUMENT A201 • GENERAL CONDITIONS Or THE CONTRA,_I lint CONSTRUCTION • ,HIR IEIN,H EDITH r: • AUGUST 19'6 16 A201-1976 MA. • G 1976 • THE AMERICA'. 'sill WI OF ARCIIIIEe TS, 1735 NEW YORK AVLNVI, NAV, \' �I IINC,105, D C 200U6 • 11.3.6 The Owner and Contractor waive all rights against ARTICLE 12 (1) each other and the Subcontractors, Sub-subcontractors. agents and employees each of the other, and (2) the CHANGES IN THE WORK Architect and separate contractors, it any, and their sub- contractors, sub-subcontractors, agents and employees, 12.1 CHANGE ORDERS for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Paragraph 12.1.1 A Change Order is a written order to the Contrac- 11.3 or any other property insurance applicable to the tor signed by the Owner and the Architect, issued after Work, except such rights as they may have to the pro- execution of the Contract, authcnzing a change in the seeds of such insurance held by the Owner as trustee. Work or an adjustment in the Contract Sum or the Con- The foregoing waiver anorded the Architect, his agents tract Time. the Contract Sum and the Contract Time may and employees shall not extend to the litect, imposed be changed only by Change Order. A Change Order by Subparagraph 4.18.3. The Owner or the Contractor, as signed by the Contractor meat ies his agreement there- appropriate, shall require of the Architect, separate con- with, including the adjustment n the Contract Sum or tractors, Subcontractors and Sub-subcontractors by ap_ the Contract Time. propriate agreements, written where legally required for 12.7.2 The Owner, without invalidating the Contract, may validity, similar waivers each in favor of al; other parties order changes in the Wri,k within the general scope of enumerated in this Subparagraph 11.3.6. the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being 11.3.7 If required in writing by any party in interest, the Owner as trustee shall, upon the occurrence of an insured be aetauth accordingly.Change AU such changes in the Work performed e loss, give bond for the proper performance of his duties. under the hized by lecOrder, and shall nt tDocu- Ile shall deposit in a separate account any money so re- applicable conditions of the Contract Dow- ceived, and he shall distribute it in accordance with such ments. agreement as the parties in interest may reach, or in ac- 12.1.3 The cost or credit to the Owner resulting from a cordance with an award by arbitration in which case the change in the Work shall be determined in one or more procedure shall be as provided in Paragraph 7.9. If after of the following ways: such loss no other special agreement is made, replace- .1 by mutual acceptance of a lump sum properly ment of damaged work shall be covered by an appropri- itemized and supported by sufficient substantiating ate Change Order. data to permit evaluation; .2 by unit prices stated in the Contract Documents or 113.8 The Owner as trustee shall have power to adjust subsequently agreed upon: and settle any loss with the insurers unless one of the .3 by cost to be determined in a manner agreed upon parties in interest shall object in writing within rive days by the parties and a mutually acceptable fixed or alter the occurrence of loss to the Owner's exercise of this percentage fee; or power, and if such objection be made, arbitrators shall be • chosen as provided in Paragraph 7.9. The Owner as trustee .4 by the method provided in Subparagraph 12.1.4. shall, in that case, make settlement with the insurers in 12.1.4 If none of the methods set forth in Clauses accordance with the directions of such arbitrators. If dis- 12.1.3.1, 12.1.3.2 or 12.1.3.3 is agreed upon, the Contrac- tribution of the insurance proceeds by arbitration is re- tor, provided he receives a written order signed by the quired, the arbitrators will direct such distribution. Owner, shall promptly prcceed with the Work involved. The cost of such Work shall then be -determined by the 11.3.9 If the Owner finds it necessary to occupy or use a Architect on the basis of !Ile reasonable expenditures and portion or portions of the Wolk prior to Substantial Com- savings of those performing the Work attributable to the pletiqn thereof, such occupancy or use shall not corn- change, including, in the case of an increase in the Con- mence prior to a time mutually agreed to by the Owner tract Sum, a reasonable allowance for overhead and profit. and Contractor and to which the insurance company or In such case, and also under Clauses 12.1.3.3 and 12.1.3.4 companies providing the property insurance have con- above, the Contractor shall keep and present, in such sented by endorsement to the policy or policies. This in- form as the Architect may prescribe, an itemized account- surance shall not be cancelled or lapsed on account of ing together with appropriate supporting data for inclu- such partial occupancy or use.Consent of the Contractor sion in a Change Order. Unless otherwise provided in and of the insurance company or companies to such the Contract Documents, cost shall be limited to the fol- occupancy or use shall not be unreasonably withheld. lowing: cost of materials, including sales tax and cost of delivery, cost of labor, including social security, old age 11.4 LOSS OF USE INSURANCE and unemployment insurance, and fringe benefits re- 11,4.1 The Owner, at his option, may purchase and main- quireci Iry agreement or custom; workers' or workmen's tarn such insurance as will insure him against loss of use compensation insurance; bond premiums; rental value of of his property due to fire or other hazards, however equipment and machinery; and the additional costs of caused. The Owner waives all rights of action against the supervision and field office personnel directly attributable Contractor for loss of use of his property, including con- to the change. Pending final determination of cost to the sequential losses due to fire or other hazards however Owner, payments on account shall be made on the Archi- caused, to the extent covered by insurance under this test's Certificate for Payment. The amount of credit to be Paragraph 11.4. allowed by the Contractor to the Owner fur any deletion AIA IOCUMEN1 A191 • ' ,NCRAL CONDITIONS(if THE CO':rFA(I POP CONSTRUCTION • THIRTEENTH EDITION • AUGUST 1.976 .,,1a • (0 1976 • Tr., AMERICAN INSII run Of AR( L 1 ' •••W YORK '.VF'-'JE N.w., WASHINGTON, D.C. AM+K A201-1976 17 or change which results in a net decrease in the Contract The Con 11 actor shall carry out such written orders Sum will be the amount of the actual net cost ,t, ion- promptly. firmed by the Architect. When both additions and credits covering related Work or substitutions are involved in ARTICLE 13 any one change, the allowance for overhead and profit shall be figured on the basis ot the net increase, if any, UNCOVERING AND CORRECTION OF WORK with respect to that change. 13.1 UNCOVERING OF WORK 12.1.5 If unit prices are stated in the Contract Documents 13.1.1 If any portion of the Vs' irk should be coven d con- or subsequently agreed upon, and if the quantities orig- Iran to the request of the Architect or to requin'ments inally contemplated are so changed in a proposed Change specifically expressed in the Contract Document;, it must, Order that application of the agreed unit prices to the if required in writing by the Architect, be uncovered for quantities of Work proposed will cause substantial in- his observation and dull be replaced at the Contractor's equity to the Owner or the Contractor, the applicable unit prices shall be equitably adjusted. expense. 12.2 CONCEALED CONDITIONS 13.1.2 If any other portion ot the Work has been covered which the Architect has not specifically requested to oh- 12.2.1 Should concealed conditions encountered in the serve prior to being covered, the Architect may request performance of the Work below the surface of the ground to see such Work and it shall he uncovered by the Con- or should concealed or unknown conditions in an existing tractor. If such Work be found in accordance with the structure be at variance with the conditions indicated by Contract Documents, the cost of uncovering and replace- the Contract Documents, or should unknown physical went shall, by appropriate Change Order, be charged to conditions below the surface of the ground or should the Owner. If such Work be round I vr et accordance with concealed or unknown conditions in an existing structure the Contract Documents, the Cont.„r fur shall pay such of an unusual nature, differing materially from those ordi- costs unless it he round that this condition was caused narily encountered and generally recognized as inherent by the Owner or a separate contractor as provided in in work of the character provided for in this Contract, be Article 6, in which event the Owner shall be responsible encountered, the Contract Sum shall be equitably ad- for the payment of such costs. justed by Change Order upon claim by either party made within t'.venty days after the first observance of the 13.2 CORRECTION OF WORK conditions. 13.2.1 The (.(infractor shall promptly correct all Work 12,3 CLAIMS FOR ADDITIONAL COST rejected by the Architect as defective or as failing to con- form to the Contract Documents whether observed be- 12.3.1 If the Contractor wishes to make a claim for an fore or alter Substantial Completion and whether or not increase in the Contract Sum, he shall give the Architect fabricated, installed or Completed. The Contractor shall written notice thereof within twenty days after the occur- hear all costs of correcting such rejected Work, including rence of the event giving rise to such claim. This notice (tmpens,nion for the Architect's additional services made shall be given by the Contractor before proceeding to necessary thereby. execute the Work, except in an emergency endangering life or property in which case the Contractor shall pro- 13.2.2 If, within one year alter the Date of Substantial ceed in accordance with Paragraph 10.3. No such claim Completion of the Work or designated portion thereof or shall be valid unless so made. If the Owner and the Con- within one year aver acceptance by the Owner of desig- tractor cannot agree on the amount of the adjustment in nated equipment or within such longer period of time as the Contract Sum, it shall he determined by the Architect. may be prescribed by law or by the terms of any appli- Any change in the Contract Sum resulting from such cable special warranty required by the Contract Docu- claim shall be authorized by Change Order. merits, any of the Wolk is found to be defective or not in at cordain e with the Contract Documents, the Contractor 12.3.2 If the Contractor claims that additional cost is in- shall correct it promptly after ret eipt of a written notice volved because of, but not limited to, 11) any written from the Owner to do •.o unless the Owner has previously interpretation pursuant to Subparagraph 2.2.8 (2) any given the Contractor a written acceptance of such condi- order by the Owner to stop the Work pursuant to I ara- lion This obligation shall survive termination of the graph 3.3 where the Contractor was not at i.'.'.i (31 any Contract. The Owner shall give such notice promptly written order for a minor change II) Iha• M ilt . ,Ii•cl pur alto/disco✓cry of the condition.suant to Paragraph 12.4, or (4) failure of payment by the Owner pursuant to Paragraph 9.7, the Contractor shall 13.2.3 the Contra( tor shall teruule from the sire all por- make such claim as provided in subparagraph 12.31 ot the Work whir.h .u, defective or non-conforming 12.4 MINOR CHANGES IN THE WQRK and whit h have not been corrected under Subparagraphs 4.51. 13.2.1 and 13.2.2. unless removal is waived by the 12.4.1 The Architect will have authority to order minor owner. changes in the Work not ins olving an adjustment in the Contract Sum or an extension of the Contract Time and 13.2.4 If the Cunt ractor fail . It, r orrecl defective or non- not-inconsistent with the intent of the Contract Dorn- conforming Work as provided in Subparagraphs 45.1, ments. Such changes shall be effected by written order, 13.2.1 and 13.2.2, the Owner may r Direct it in accordance and shall he binding on the Owner and the Contractor. loth Paz 'yap!) 3.4. 18 A201-1976 Am not-tom-NTCO' toNT Atom •. ;;i RAI .niiloN5 of Fir ( uct I n1V. ( NSIRioN • nnRtttr.ni tnni(IN • ,5LCt157 1971, V • I V.111”. Ii ii (11 At, Is. :'1, \IU ILRK AVthilt N l\ASIIINCI()N. n.(' 20006 13.2.5 It the Contractor does not proceed 'with the nor- having jurisdiction, or as a result of an act of government, rectum of such defective or nun-conforming Work within writ .0 a declaration of a national emergency making a reasonable time fixed by vw utter) notice tom the Archi- materials unavailable, through no act or fault of the tect, the Owner may remove it and may store the mate- Contractor or a Subcontractor or their agents or employ- riais or equipment at the expense of the Contractor. If ees or any oilier persons performing any of the Work the Contractor does not pa'- the 'cost of such removal under a contract with the Contractor, or if the Work and storage within ten days thereafter. the Owner may should be stopped L:i a pets-id of thirty days by the upon ten additional days' written notice sell such Work Contractor because the Architect has not issued a Certifi- at at ction or at prnate sale and shall account for the net sate tar Payment as provided in Paragraph 9.7 or because proceed thereat- after deducting all the moist; that should the Owner has not rind,- payment thereon as provided in have been borne h) the Contractor, including compensa- Paragraph !r 7, then the t tintrachoI may, upon seven addi- tion for the Artful -,t's additional services made necessary tional days' written with e to tee Owner and the Archi- therehy. It such proceeds of sale do not cover all costs test, terminate the C ouutra ct and, recover from the Owner which the Contractor should have borne, the difference payment for all Work executed and for any proven loss shall be charged to the Contractor and an appropriate sustained upon any materials. equipment, tools, construc- Change Order shall be issued. If the payments then or non equipment and machinery, including reasonable thereafter due the Contractor are not suit icient to cower profit and damages. such amount, the Contractor shall pay the difference to the Owner. 14.2 TERMINATION BY THE OWNER 13.2.6 The Contractor shall hear the cost of making good 14.2.1 If the Contractor is adjudged a bankrupt, or if he all work of tire Os.ncr or separate ,ontrac tors destroyed makes a general assignment for the benent of his credi- or damaged by su<h correction or remove al tors, or ii a nv-eiv,-r is appointed on account of his in- 13.2.7 Nothing contained in :his Paragraph 13.2 shall be strleency, of if he persistently or repeatedly refuses or construed to establish .r period or limitation with respect tails, except in cases ter which esters-ion of tune is pro- to any other obligationsw lift!, the Connector might ha.e wiciccl to supply ennugn properly skilled workmen or under the Contract Uri,unu•ins. including Paragraph 45 proper materials, or it I':e tails to make prompt payment hereof. The establishment or the time period of one year to Subcontractors or to materials or labor, or persistently alter the Date or Substantial Completion or such longer disregards laws clrdinantes, rules, regulations or orders of any public authority having jurisdiction, or othernse - period of time as may be pies(abed by law or by the terms rn any ww au aniv required he the Contract Doer- is guilty of a substantial violation of a provision of the rnents relates tiny to the spe%rn( nhligation ni the Con- (-ontrarl Documents, then the Owner, upon certification tractor to correct the Work, and has no relationship to by the Architect that sufficient cause exists to lustily such the lime within which his oiaiga u,rn to comply with the action, may, without prejudice to any right or remedy and Contract Documents may.he sought to be enforced, nor after giving the Contractor and his surety, if any, seven to the time within which prof ceding, may be mom- days' written notice terminate the employment of the men('od to establish the Contractor's liability with vesper t Contractor Lind take possession of the site and of all mate- to his obligations other than specifically to correct the vials, equipment, hiuls, construction equipment and Work mar pinery thereon owned by the Contractor and may 13,3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING finish the Work by whatever method he may deem WORK expedient. In soh cane the Contractor shall not be en- titled to receive any further payment until the Work is 13.3.1 If the Oscner prefers to accept defective or non- Imedied. contnrnlinr, AA'nil. he may do sic instead of "'Wiring its removal and «Hier tion, in whir h rase a Change Oidar 14.2.2 if the unpaid hal.intt' of the Contract Sum exceeds will be Issued in reelect a imiuc tip" m the Contract Still the piss of iinishint; the Work including compensation where appropriate and equitable. Such adiustnienl shall , for. the Ar,t hiteci's additional services made necessary lie effected whether or not final pavement has been made thereby, such ...stirs, shall be paid to the Contractor. If ARTICLE I4 such costs exceed the unpaid balance, the Contractor shall pay the different(' to the Owner. The amount to he TERMINATION OF THE CONTRACT paid to the Contractor Or to the Owner, as the case may he, shall be certified by the Architect, upon application, TERMINATION BY THE CONI RACTOF in the manner provided in Paragraph 9.4, and this obliga- 14.1.1 If the Work is stopped for ape: of thirty days tine for paA I.nent shall sun ice the termination of the under an order of any (purl or tithe. public authority (fnntr,itt. 4iA )ocuMI NTA01 Alir4i Itl ,till''': r,! L". r-•' 1 ' i , , 'pr • li litr'.Iiil iii iN . Ai r sr r'CM1 CHANGE Distribution to: ORDER OWNER �] ARCHITECT [] AIA DOCUMENT G701 CONTRACTOR f� FIELD ❑ OTHER ❑ PROJECT: Weld County Walton Building CHANGE ORDER NUMBER: 1 (name, address) INITIATION DATE: 7/18/83 TO (Contractor): ARCHITECT'S PROJECT NO: 18-8-83 Magnum Construction Co. Inc CONTRACT FOR: 207 Canyon Blvd. Interior Space Renovation Boulder, Co. 80306 CONTRACT DATE: You are directed to make the following changes in this Contract: Adjust Base Bid according to bid schedule of values for Alternates One through Four as follows : Alternate No. 1 - Void. Alternate No. 2 - Void. Alternate No. 3 - Accepted. ( Owner to field verify number of taps required Alternate No. 4 — Accepted. Deduct $9700. 00. In addition to the scheduled values of the alternates, the Owner has elected to deduct the following subject to verification and AE review and approval : Item No. 1 - Contractor shall furnish and install Raco Prestige pre- finished aluminum door frames and sidelights as scheduled on the drawings. A deduct of $2500. 00 shall be credited to the Owner if this modification is accepted. Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Csaravicitai>nuatGatt)_was $ 96 , 927 . 00 • Net change by previously authorized Change Orders $ . 00 The (Contract Sum) (Gzn:aatrerth zadr**+ east) prior to this Change Order was $ 96 927 . 00 • • The (Contract Sum)-(6=toecEtttsatrawaEcnT) will be #it=sed)_.(decreased) (arsi-kartged) 12 , 200. 00 by this Change Order $ . The new (Contract Sum) FaiS/SrRSeZ93fiXiAiatAS2SCI) including this Change Order will be $ 84 , 727 . 00 • The Contract Time will be-(mtseasec rk .sse i (unchanged) by this change order ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is . Authorized: Bley Associates Magnum Const . Co. , Inc Weld County ARCHITECT CONTRACTOR OWNER 914 - 14th St 207 Canynn Blvd 915 - 10th St. Address Address Address Greeley, Co. 80631 Boulder, Co. 80306 Greeley, Co. 80631 BY p 7 247 BY BY ,'9:gen/ %. ////� icy.�/ DATE 12a/ 3 / DATE DATE 1/a O / MA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • AIA5 • © 1978 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20008 G701 -1978 A: .o PA F i tAtN Lif zo7f3 „ice • Hello