HomeMy WebLinkAboutPR 18140: CONTRACT WITH MCINNIS CONSTRUCTION, INC., TRANSIT ADMIN. BUILDING CITY OF PORT ARTHUR
TRANSIT DEPT.
TO: JOHN A. COMEAUX, P.E., INTERIM CITY MANAGER AND CITY COUNCIL
FROM: COLLEEN W. RUSSELL, TRANSIT DIRECTOR
SUBJECT: P.R. NO. 18140 - TO AWARD MCINNIS CONSTRUCTION A CONTRACT FOR
BUILDING THE NEW TRANSIT ADMINISTRATION BUILDING
DATE: 2/14/2014
RECOMMENDATION: Port Arthur Transit requests that the City Council approve a contract with
McInnis Construction, Inc., of Silsbee, Texas to construct the new administration building for Port Arthur
Transit (PAT).
BACKGROUND: The Federal Transit Administration allocated ARRA funds for the Transit
Administrative Building in the original amount of $859,928. However, due to the increasing cost of
materials and labor for the auto scrubber, $231,928 was allocated for its construction. This left a balance
of $628,000 of which $146,072 has been used towards demolition and design leaving a balance of
$481,928 in ARRA funds at 100% under grant TX96 -042 that can be used for the construction. The 2014
capital grant allotment will have to be used in the amount of $556,772 to cover the difference, which is an
80/20 match.
An invitation to bid was advertised on November 24, 2013 and December 1, 2013 detailing the mandatory
criteria with bids due by December 20, 2013. The Purchasing Division received six (6) bids from the
following vendors:
Bidder Bid Amount Less Alternate #1 Completion Days
N & T Construction, Inc. $1,060,000.00 $1,053,000.00 275
of Beaumont, Texas
McInnis Construction, Inc. $1,050,700.00 $1,038,700.00 275
of Beaumont, Texas
L & L General Contractors $1,233,000.00 $1,225,890.00 275
of Beaumont, Texas
Teal Construction Co. $1,487,000.00 $1,472,000.00 275
of Houston, Texas
Daniel Building & Construction, Inc. $1,158,000.00 51,151,000.00 275
of Beaumont, Texas
HighMark Construction, Inc. $1,075,000.00 $1,063,000.00 275
of McAllen, Texas
The six (6) bids received were evaluated and reviewed by the Purchasing Division, Transit Staff, and
Brown Reynolds Watford Architect, Incorporated. The lowest and responsive bid meeting all
specifications was submitted by McInnis Construction, Inc., of Silsbee, Texas, allowing 275 days to
complete the construction in accordance with the contract.
BUDGETARY/FISCAL EFFECT: The proposed award of this project is funded through a FTA Capital
Grant (TX96X -X042) at 100% Federal in the amount of $481, 928 leaving a balance of $556,772 subject
to an 80/20 match, being $445,417.60 (80% Federal) and $111,354.40 (20% City). All associated
expenses will be charged to the Transit Capital Account Number: 401 - 1509 - 561.82 -00 and 402 -1508-
561- 82.00, ALI 11.43.01
STAFFING/EMPLOYEE EFFECT: Monitor adherence to specifications and change orders.
SUMMARY: The Transit Department recommends that the City Council approve a contract with
McInnis Construction, Inc., of Silsbee, Texas to construct the new administration building for Port Arthur
Transit (PAT), in an amount not to exceed $1,038,700.00.
Colleen W. Russell, Transit Director
P.R. No. 18140
02/14/2014CWR
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT
BETWEEN THE CITY OF PORT ARTHUR AND MCINNIS
CONSTRUCTION, INC. OF SILSBEE, TEXAS, IN AN AMOUNT NOT
TO EXCEED $1,038,700.00, FOR CONSTRUCTION OF THE CITY'S
TRANSIT ADMINISTRATIVE BUILDING LOCATED AT 338
PROCTER STREET. FUNDED FROM TX96 -X042 (ARRA- AMERICAN
REINVESTMENT AND RECOVERY ACT FUNDS) AND 2014 GRANT
AND THE GENERAL FUNDS THAT ARE APPORTIONED FOR
OPERATIONS AND CAPITAL EXPENSES.
WHEREAS, the City of Port Arthur Transit (PAT) desires to construct an
Administrative Building to better accommodate its commuters, staff, record storage and
office equipment; and,
WHEREAS, the City advertised for the construction of said facility in the Port
Arthur News on November 24, 2013 and December 1, 2013; and,
WHEREAS, on December 20, 2013, six (6) bids were received, opened, evaluated
by the Purchasing Department; and,
WHEREAS, bids were assessed and McInnis Construction, Inc., of Silsbee, Texas,
had the lowest and most responsive base bid in the amount of $1,050,700 less Alternative 1
(Landscape and Irrigation) in the amount of $12,000 leaving a final bid of $1,038,700 (see
bid tabulation attached as Exhibit "A "; and,
WHEREAS, the executed Federal Clauses are attached hereto as Exhibit "C "; and,
WHEREAS, the City Manager's authorization is required to enter into a contract
with McInnis Construction, Inc. for the construction of Transit's administrative building
and complete the designs rendered in 275 days or less; and,
WHEREAS, the cost of work is $1,050,700; however, with the deduction of
$12,000 for landscaping and irrigation, the new cost is not to exceed $1,038,700; and,
WHEREAS, the proposed award of this project is funded through a FTA Capital
ARRA Grant (TX96X -X042) at $481,928 at 100% funding, while General funds will cover
$556,772. The City's share at 20% of this amount is $111,354.40 of this year's allotment
while the federal share is $445,418 at 80 %. All associated expenses will be charged to the
Transit Capital Accounts Numbered: 401 - 1509 - 561.89 -00 and 402 - 1508 -561- 82.00, with
ALI 11.43.01
WHEREAS, the City Council is being asked to approve a contract with McInnis
Construction, Inc., of Silsbee, Texas, to perform the construction of the Transit
Administration Building, as delineated in Exhibit `B" attached hereto, and in line with
Exhibit "C ", the Federal Clauses, such that the cost of construction can be shared with the
FTA and does not exceed $1,038,700.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and correct.
THAT, the City Council hereby authorizes the City Manager to execute a contract
between the City of Port Arthur and McInnis Construction, Inc., for the construction of the
Transit Administrative Building, in an amount not to exceed $1,038,700, in substantially
the same form as attached hereto as Exhibit `B ".
THAT, the signed FTA Federal Clauses are attached hereto as Exhibit "C ".
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this day of , A.D.,
2014, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES:
Mayor
Councilmembers: •
NOES:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
ity A orn d
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E.,
Interim City Manager
Director of Transit
APPROVED AS TO AVAILABILITY OF FUNDS:
C7Vla•GQ
Director of Finance
(TX 90- 2014- General Funds and
ARRA TX96 -042)
f ,(4/
Shawna Tubbs, Purchasing Manager
EXHIBIT "A"
'*' dy ° o o C >'t›- � .YC7� C) td
c P co H o o • co H �c H CD H C H co H C/)
k-.:".:, ;
0 p .1 0 CD M u 0 0 trl a tr1 co &I- o t=1 Fi ril g ril
It= cr cn Y o o 't3 c — — r Cro' ti o • d $ :i,
'-' ' %.
o G o 0: 0 c o It r' It y v 4t A 4t ,-3 `` ;\\.
N ° C,D o\ p. C? t o cn g 41, n W o N n I-+ .„
C .-• o G,� C W o o 0
P P o 'c R (1 ) a a
n N t) . a.
o '� � t r w N a
` aGi �,o
W 'a o • c CD 0-. H o
a. a 2 < w ° o. a' C/1 P
7Q 0 c F. p p 0 a
r W el) o ' a- td et
O 0 t o o- ''CI) r,
• Oo y O t ed o n W d4 O •
o G O o - p; Cr P n y
= �r. a � ° : ; Z
W o coo m p a aa. p' v1
Dn w C D y
0 ;..1,) g o P .: 0
� o '� a. ro c.) r)
as ,,
a d E *4 •
'n o w p. -
.� �o CD O O H
z d CA ¢
'
0 Ru y AD
CD E9 d a ' y cy
° -n 5 -<z do d ? p d - r r4
N 0 N o o C o C c C °° C ° Q °° C o n , A
b H° H ° H ° 6 H ° o H ° o H -] a P f c cr Z o C"
0 -. eD 1.-1
o M
n N �y
O
Eia o F-+ "
cn s,s 69 y y (.04
O
v O tl7 LA til N t21 . tt N tt N t21 0 ' .. A
Q' .< ,.C., a a s d o■ a" a O "' n
D o cn ° o C ° C o C o C °° C o C n
H ° H ° o ' ° H o 0 °
- 3 P o w y r
O '
n d
n
ed 0 69 a� aa69 a69 a69 ti~ H o KO
W M N t=1 ,, tii 1-.) tt IV ril ,.---1 m W = r
E • "<'Cp a1 acmt7-Aac:"a aw :: r e)
o N O C O C O C p C C p C p e) A
H
b" a a�,a�a 'Aa�'a' - ` H n �
o °■ ry N t v, try ' tr � M sitt a ° c
��o ao a°aI�a�a 'co a•■1 =
o� �° C° CoC°°C °Co nv�
H o H° H °HoH g
=I
w p.• O W ( O O N p (o :D F O ,?
.r ., ' Cn Ml (o ° 0 M 0 M CD C tr y J cu 1 0 M L=J
'`� n o C,a. y" H z y x H o , H t" y o
5 O o ., 8 tm CD o @ m tTl ° M C til o t17 w tkl ,..,, - 1‘ ,�� \
wr p O p cu O r A ' It p. k .- c) i m.. C O O° O\ W o C/i A n W p N F -+ W •
r.
id 'C, -, 1 w' P r' a 5 t ro " c, d q 5 • It x p - a o p rn _ 0 • w va 5
tt t" , 1 ■ a . td t� a m o E y � o p '
CA 0 . (o f 0'
'.S• Q 0.' 5 C G . W C O . Cr CA O
■
uI iI! , O 5• . O o a ,. G 3 q 0 C o n o �� P Or? t
v' E 5. o 0 c o
.`s " L C p' P' 0 O
cro o. o 0 a oo . o 0
o r w s s ° o ;; 0
� y
o 0 : R. ° • Cy -• td b
(� z CD n
4:7: o ~ C A o CD C3 O O y
0' n ;74 G O
.- C ,-.• o -. Jai
`V 0 N O A Q 21 Q o b
-d a. r,
cro C ; - m H
o E. d >- :
y n d A'+
N E 2 4 c x
w at cr z 7J
O tS1 tr1 o tt W tt t`•' t til L, g. 7Q N *4 z 0 C ice, G O C O C7 C O t7 00 :- R° o t4 O O r) O cl O C, °O C 00 cl °O c '� O n n
X O q w O
=
g.
C
= r
x
Z C5 - d 0 t7 to d 0 CJ O d LA Et
CT CD ° n n 6 n 6 n 6 n�n o o=
co < -°o ° o H ] ° 0 - 3 ° oH CD C "- q
0 C
P!
rt O
=
EXHIBIT "B"
AIA Document A101' - 2007
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a Stipulated Sum
AGREEMENT made as of the « » day of « » in the year « »
(In words, indicate day, month and year.)
BETWEEN the Owner: ADDITIONS AND DELETIONS:
The author of this document
(Name, legal status, address and other information) has added information
;needed for its completion.
«City Of Port Arthur »« » tir,� The author may also have
` 3 2t !rev the text of the
«444 4 Street »
sport Arthur Texas 77640 » 1 . � t M� 1 x3 *Irk*, !original AIA standard form.
�*r- z�' ¢ ,a : t' T iAn Additions and Deletions
K » Report that notes added
p.nformation, as well as
and the Contractor: 'revisions to the standard
,form text is available from
(Name, legal status, address and other information) )the author and should be
'reviewed.
6 —c
«MCInnis Construction »« » *� "T ��" x - This document has important
«675 South 4 Street » a %,P ,4)" *" legal consequences.
«Port Arthur, Texas 77656 » :? Consultation with an
.` a ttorney - is� encouraged with
« » r completion
respect to its dompl '
}or modification:
for the following Project: ' AIA Document A201'"--2007,
(Name, location and detailed description) General Conditions of the
Contract for
„_ ,,.. is adopted in this document
«City of Port Arthur Transit Administration Building � ' •
«338 Proctor Street » g » • �" < �� with other with -
«Port Arthur Texas 77640 » � ! conditions unless this
docuc3ent.,is modified. -
The Architect:
(Name, legal status, address and other information) «
«Brown Reynolds Watford Architects, Inc. »K » ¢ F Ti %1 t
«2700 Fail Rudder Freeway S, Suite,4000 »
aCollege'Station, Texas 77845
kW '.y,s s 1 S fi
The Owner and Contractor agree as follows." '.
i
„
ELECTRONIC COPYING of any
portion of this AIA Document
to another electronic file is
prohibited and constitutes a
violation of copyright laws
as set forth in the footer of
this document.
AIA Document A101' - 2007. Copyright ° 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law end International 1
Treaties. Unauthorised reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:57:33 on
04/27/2010 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notelet (1632646469)
TABLE OF ARTICLES
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 'DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM —
` s
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION (�°•
8 MISCELLANEOUS PROVISIONS
' l s
9 ENUMERATION OF CONTRACT DOCUMENTS I ; 1
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract ;'and
are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the
entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in
Article 9.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in
the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3,1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date
will be fixed in a notice to proceed.)
«The date of commencement shall be the date on the Notice to Proceed issued by the Owner. »
If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests,
the Owner's time requirement shall be as follows:
«Not Applicable »
§ 3.2 The Contract Time shall be measured from the date of commencement.
§ 33 The Contractor shall achieve Substantial Completion of the entire Work not later than «Two Hundred Seventy
Five » ( «275 » ) days from the date of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. If appropriate, insert requirements for earlier Substantial Completion of certain of the
Work.)
AIA Document A101' - 2007. Copyright ° 2915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by O.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal 2
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:57 :33 on
04/27/2010 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1632646469)
Portion of Work Substantial Completion Date
subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for
bonus payments for early completion of the Work)
«Liquidated damages shall be $ 150.00 per calendar day. » 3
ARTICLE 4 CONTRACT SUM t 1
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract. The Contract Sum shall be «One Million Thirty-Eight Thousand Seven Hundred Dollars » ($
«1,038,700.00 > ), subject to additions and deductions as provided in the Contract Documents.
§ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the
Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other
alternates showing the amount for each and the date when that amount expires.)
§ 4.3 Unit prices, if any:
(Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.)
Item Units and Limitations Price Per Unit ($0.00)
<Not Applicable a. # _ # " t
§ 4.4 Allowances included in the Contract Sum, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)
.3_
Item Price
Not Applicable 4 v `'�?yt ; A „fir kit
ARTICLE 5 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and C for -
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the Last day of ss xup
the month, or as follows:
s
§ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th » day of a
month, the Owner shall make payment of the certified amount to the Contractor not later than the 460th » day of the
« next » month. If an Application for Payment is received by the Architect after the application date fixed above,
payment shall be made by the Owner not later than «Thirty » ( «30 » ) days after the Architect receives the
Application for Payment.
(Federal, state or local laws may require payment within a certain period of time.)
§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
AIA Document A101 - 2007. Copyright a 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1937 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal 3
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:57:33 on
04/27/2010 under Order No.9382348541 1 which expires on 10/06/2010, and is not for resale.
User Notes,
(16326464693
by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the
Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end
of the period covered by the Application for Payment.
§ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress 'payment shall be
computed as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum '"� 1
allocated to that portion of the Work in the schedule of values, less retainage of o i, percent (K> %),
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute
shall be included as provided in Section 7.3.9 of AIA Document A201T`i- 2007,'General Conditions
of the Contract for Construction;
.2 Add that portion of the Contract Sum properly allocable to materials and eq uipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less'
retainage of {< » percent (« >; %);
.3 Subtract the aggregate of previous payments made by the Owner; and
.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Cer ificate for
as provided in Section 9.5 of AIA Document A201 -2007. i {
L
§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be furlhetmodif'iedunder., ,�:
the following circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the 1
full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete-
Work, retainage applicable to such work and unsettled claims; and
9.8.5 of AIA Document A201 -2007 requires release of applicable retainage°upon
Substantial Completion of Work with consent of surety, if any.) ( •i'
.2 Add, if final completion of the Work is thereafter materially delayed through no'fault of the
Contractor, any additional amounts payable in accordance with Section 9.103 o AIA Docu set t
A201 -2007.
§ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from
the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere.in -the Contract
Documents, insert here provisions for such reduction or limitation.)
«Nat'Applicable » ,:* 7 •
§ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance paymen to suppliers for
materials or equipment which have not been delivered and stored at the site.
§ 5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to-the --'
Contractor when
.1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct,,.
Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy•other requirements,''`,
if any, which extend beyond final payment; and
.2 a final Certificate for Payment has been issued by the Architect. j
§ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after rye issuance of the
Architect's final Certificate for Payment, or as follows:
y �
«Not
AIA
Document A101" - 2007. Copyright ° 1915, 1918, 1925, 1937, 1951, . 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING, This AIA' Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal 4
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:57.33 on
04/27/2010 under Order No.8382348541 1 which expires on 10/06/2010, and is not for resale.
Veer Notes: {1632646469}
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless
the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker.
(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker,
if other than the Architect.)
«•ot Applicable »
o
u »
§ 6.2 BINDING DISPUTE RESOLUTION i
For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the
method of binding dispute resolution shall be as follows:
(Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution
below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims
will be resolved by litigation in a court of competent jurisdiction.)
[ t ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 I
[ » ] Litigation in a court of competent jurisdiction a"" _" ° °rar
t,<.< )p ] Other (Specify)
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 4 of AIA Document
A201 -2007. t
§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201- 2007.p
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions -of the Contract
Documents.
§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date paymen i is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place hei the Projet is
located.
(Insert rate of interest agreed upon, if any.)
§ 8.3 The Owner's representative:
(Name, address and other information)
AMs Colleen Russell �.
I ii, , t
e
§ 8.4 The Contractor's representative:
(Name, address and other information)
<«M.r. Ricky, Mclnnis A 4 �r a F k
«675 4' tr eet n F �
«Port Arthur, Texas 77656 » _ -- _
AIA Document A191' - 2007. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by O.S. Copyright Law and International 5
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:57:33 on
04/27/2010 under Order No.9382348541_1 which expires on 10/06/2010, and ie not for resale.
User !latest
(1632646469)
§ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
§ 8.6 Other provisions:
x -m
,(—Not—Applicable
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS - ss ` �- '� '
§ 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement are enumerated in - -�y=
the sections below.
I
§ 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner
and Contractor.
§ 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for
Construction.
1
§ 9.1.3 The Supplementary and other Conditions of the Contract:
City of Port Arthur Invitation to Bid and Supplementary Conditions 60 Page"Document
§ 9.1.4 The Specifications:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
ENITRODUCTORY INFORMATION
00 01 00 - Table of Contents 01 - 04
GO 0150 - List of Drawings 01 - 02
00 03 00 - Subsurface Investigation (soil report) 01 - 11 j
00 08 20 - Special Conditions 01 - 03 .
r ..
DIVISION 1 - GENERAL REQUIREMENTS
01 00 00 - General Requirements 01 - 09
01 1000 - Summary 01 - 04
01 22 00 - Unit Pricing 01
01 23 00 - Alternates 01 - 02
01 25 00 - Substitution Procedures 01 - 03
01 26 00 - Contract Modification Procedures 01 - 03 j
01 29 00 - Payment Procedures 01 - 05
01 3100 - Project Management and Coordination 01 - 12
01 32 00 - Construction Progress Documentation 01 - 12
0132 33 - Photographic Documentation 01 - 03
01 33 00 - Submittal Procedures 01 - 13
01 4000 - Quality Requirements 01 - 16
01 42 00 - References 01 - 20
01 5000 - Temporary Facilities and Controls 01 - 18
01 60 00 - Product Requirements 01 - 07
01 73 00 - Execution 01 - 12
01 73 29 - Cutting and Patching 01 - 05
01 74 19 - Construction Waste Management & Disposal 01 - 08 �._.
0177 00 - Closeout Procedures 01 - 08
AIA Document A101' - 2007. Copyright ° 1915, 1918. 1925, 1937, 1952, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING. This AIA Document is protected by U.S. Copyright Law and International 6
Treaties, Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:57:33 on
04/27/2010 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes; (1632646469)
01 79 00 - Demonstration and Training 01 - 06
DIVISION 3 - CONCRETE
03 1000 - Concrete Formwork 01 - 03
03 20 00 - Concrete Reinforcements 01 - 05
03 3000 - Cast -In -Place Concrete 01 - 15
DIVISION 4 - MASONRY
04 43 00 - Stone, Masonry 01- 11
047200 -Cast Stone Masonry 01 -07
DIVISION 5 — METALS
05 1200 - Structural Steel 01 - 08
05 50 00 - Metal Fabrications 01 - 12
05 58 00 - Formed Metal Fabrication Finishing 01 - 03
DIVISION 6 — WOOD, PLASTICS, AND COMPOSI 1`1:S
06 10 00 - Rough Carpentry 01 - 08
06 1100 - Wood Framing 01 - 08
06 1600 - Sheathing 01 -06
06 17 53 - Shop Fabricated Wood Trusses 01 - 04 --1
06 40 23 - Interior Architectural Woodwork 01 -11
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07 11 13 - Bituminous Darnproofing 01 - 06
0721 00 - Thermal Insulation 01 - 06
07 26 00 - Vapor Barrier Membrane 01 - 02
07 27 19 - Plastic Film Air Barrier 01 - 05
07 41 13 -Metal Roof and Wall Panels 01 - 05 4
074600 - Siding 01 -05
07 62 00 - Sheet Metal Flashing and Trim 01 - 05
07 7100 - Manufactured Roof Specialties 01 - 07
07 84 13 - Penetration Firestopping 01 - 07
07 92 00 - Joint Sealants 01 - 07
DIVISION 8 - OPENINGS
08 11 13 - Hollow Metal Doors, Frames and Window Frames 01 - 11
08 14 16 - Flush Wood Doors 01 - 06�
08 31 13 - Access Doors and Frames 01 - 03
08 41 13 - Aluminum- Framed Entrances and Storefronts 01 -10
08 71 00 - Hardware 01 - 08
08 8000 - Glazing 01 - 07,
08 90 00 - Louvers and Vents 01 - 03
DIVISION 9 - FINISHES
09 22 00 - Metal Support Systems 01 - 03
09 29 00 - Gypsum Board 01 - 09 I r
09 3000 - Tiling 01 - 11
09 51 23 - Acoustical Tile Ceilings 01 - 06 ...�
09 65 13 - Resilient Base and Accessories 01 - 05 -*
AIA Document A101 - 2007. Copyright c 1915, 1928, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International ,'
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:57:33 on
04/27/2010 under Order NO.9382348541_1 which expires on 10/06/2010, and is not for resale.
Uisr Notes:
(1632646469)
09 65 19 - Resilient Tile Flooring 01 - 04
09 68 16 - Sheet Carpeting 01 - 05
09 8100 - Acoustic Insulation 01 - 02
09 91 00 - Painting 01 - 09
DIVISION 10 - SPECLALTIES
10 11 16 - Visual Display Surfaces 01 - 04
10 14 00 - Signage 01 - 08
10 26 00 - Wall and Corner Protection 01 - 04
10 2$ 00 - Toilet, Bath, and Laundry Accessories 01 - 05
10 44 13 - Fire Extinguisher Cabinets 01 - 05
10 44 16 - Fire Extinguishers 01 - 03
107500 - Flagpoles 01 -04
DIVISION 11 - EQUIPMENT
11 31 00 - Residential Appliances 01 - 04
11 52 13 - Projection Screens 01 - 02
DIVISION 12 - FURNISHINGS
12 22 13 - Horizontal Louver Blinds 01 - 04 �a
DIVISION 22 --PLUMBING
22 On 10 - Basic Plumbing Requirements 01 15
22 05 12 - Plumbing Basic Materials and Methods 01 - 15
22 07 12 - Plumbing Insulation 01 - 05
22 11 16 - Plumbing Piping
22 13 16 - Sanitary Waste and Vent Piping
22 42 12 - Plumbing Fixtures and Trim 01 - 03
DIVISION 23 — HEATING, VENTILATION, AND AIR CONDITIONING (I -r\AC)
23 05 10 - Basic Mechanical. Requirements 01 - 16
23 05 12 - Mechanical Basic Materials and Methods 01 11
23 05 13 - Motor Controllers 01 - 04
23 05 48 - Vibration Isolation 01 - 03
23 05 93 - Testing Adjusting and Balancing 01 - 12
23 07 12 - Insulation of Mechanical Systems 01 - 06
23 09 00 - Automatic Temperature Controls 01 - 08
23 31 13 - Metal Ductwork 01 - 09
23 33 12 - Duct Accessories 01 - 09
233412 -Fans 01 -09
23 37 13 - Diffusers Registers and Grilles 01 - 03
23 63 13 - Air Cooled Condensing Units DX (3 -5 ton) 01 - 06
23 63 15 - Air Cooled Condensing Units DX (6- 20ton) 01 - 06
23 82 12 - Electric Fan Coil Units 01 - 06
23 82 19 - Air Handling Units DX 01 - 05
DIVISION 26 — ELECTRICAL
26 04 10 - General Provisions for Electrical Work 01 - 12
26 0412 - Basic Electrical Materials and Methods 01 - 08
26 05 13 - Conductors and Cables 01 - 04
26 05 26 - Grounding 01 - 02
Al). Document A101' - 2007. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International 8
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:57;33 on
04/27/2010 under Order No.9382348541_1 which expires on 10/06;2010, and is not for resale.
User Notes: 51632646469}
26 05 29 - Hangers and 01 - 02
26 05 33 - Raceway and Boxes 01 - 11
26 05 53 - Electrical Identification O1 - 03
26 08 12 - Testing of Electrical Systems 01 - 02
26 2416 - Panel Boards 01 - O8
26 27 26 - Wiring Devices 01 - 05
26 2816 - Enclosed Switches 01 - 03
26 2912 - Motor Controllers and Contractors 01 - 06
26 3512 - Transient Voltage Surge Suppression and Filtering 01 - 03
26 4100 - Lightning Protection 01 - 09
26 51 12 - Interior Luminaries 01 - 04
26 5612 - Exterior Luminaries 01 - 03
26 6012 - Communication Telephone and Data Systems 01 - 02
26 60 13 - Electrical Control and Connections to
Equipment to Other Divisions 01 - 02
26 6016 - Uninterruptible Power Supply System 01 - 08
DIVISION 28 —Fire Alarm System
28 31 12 - Fire Detection and Alarm System 01 - 51
DIVISION 31- EARTHWORK m --
31 1000 - Site Clearing 01 - 05
31 20 00 - Earth Moving 01 - 11
31 22 00 - Site Grading 01 - 05
31 23 33 - Excavation Trenching and Bacldilling for Utilities 01 - 08
31 31 16 - Termite Control 01 - 04
31 50 00 - Excavation Safety 01- 02
31 63 29 - Drilled Concrete Piers and Shafts 01 - 04
DIVISION 32 — EXTERIOR IMPROVEMENTS
32 13 13 - Concrete Paving 01 - 13
32 84 00 - Planting Irrigation 01 - 23
32 93 00 - Plants 01 - 08
DIVISION 33 — UTILTIES
33 05 00 - Utility Services 01 - 10
33 11 00 - Water Supply lines and Piping 01 - 11
33 13 00 - Sterilization of Water Lines 01 - 03
33 3000 - Sanitary Sewerage System 01- 18
33 40 00 - Storm Sewers and Appurtenances 01 - 04 N
§ 9.1.5 The Drawings:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.) ----
T1.1 TITLE SHEET
T1.2 MASTER KEYNOTE LIST
CIVIL
C1.0 BOUNDARY AND TOPOGRAPHIC SURVEY
01.1 SITE PLAN AND DETAILS a '
C2.0 SII E GRADING PLAN " Q
03.0 UTILITY PLAN
AIA. Document k101' - 2007. Copyright ° 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:57:33 on
04/27/2010 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (16326464691
STRUCTURAL
S0.0 STRUCTURAL NOTES
S1.1 FOUNDATION PLAN
S1.2 PIER PLAN
S1.3 FIRST FLOOR CEILL^+G/ROOF PLAN
S 1.4 ROOF FRAMING PLAN
S2.1 FIRST FLOOR LATERAL PLAN
S2.2 SECOND FLOOR LA1'hRAL PLAN
S4.1 STEEL LAYOUT PLAN
S5.1 FOUNDATION DETAILS
S5.2 FRAMLNG DETAILS
S5.3 LATERAL DETAILS
ARCHITECTURAL
A1.1 FLOOR PLANS, PARTITION TYPES, PLAN DETAILS
A1.2 ROOF PLAN, DIMENSION PLAN AND DETAILS
A2.1 EXTERIOR ELEVATIONS
A2.2 BUILDING SECTIONS
A2.3 WALL SECTIONS
A2.4 STAIR SECTIONS
A3.1 DOOR SCHEDULE & WINDOW SCHEDULE
A3.2 INTERIOR F.T EVATIONS & MILLWORK DETAILS
A3.3 REFLECTED CEILING PLANS & DETAILS
A3.4 FINISH PLANS & DETAILS
MEP
X11.1
HVAC PLAN
M2.1 HVAC SCHEDULES
2v13.1 HVAC DETAILS
P1.1 PLUMBING PLAN
P2,1 ENLARGED PLUMBING DETAILS
P3.1 PLUMBIING SCHEDULES
P4.1 PLUMBING SCHEDULES ,
1
}
E1.0 ELECTRICAL S11'EPLAN
E1.1 LIGHTING PLAN
E2.1 PQWER PLAN
E3.1 FIRE ALARM PLAN
E4.1 ELECTRICAL RISER DIAGRAM
E5.1 PANEL SCHEDULES
E6,1 NOTES & SCHEDULES » �
§ 9.1.6 The Addenda, if any:
Number Date Pa es
9
.Addendum No 01 December 6, 2013 6
Addendum No 02 December 16, 2013 47 -
Addendum No, 03 December 17, 2013 12
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
§ 9.1.7 Additional documents, if any forming part of the Contract Documents:
AIA Document A101' - 2007. Copyright 0 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The
American Institute of Architects. All right. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international to
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 13:57:33 on
04/27/2010 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes; {1632646469}
.1 AIA Document E201TM -2007, Digital Data Protocol Exhibit, if completed by the parties, or the
following:
«Not Applicable
.2 Other documents, if any, listed below:
(List here any additional documents that are intended to form part of the Contract Documents. AIA
Document A201 -2007 provides that bidding requirements such as advertisement or invitation to bid,
Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract
Documents unless enumerated in this Agreement. They should be listed here only if intended to be rx
part of the Contract Documents.)
9 _
i 1
ARTICLE 10 INSURANCE AND BONDS v'r.,.A
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article ;11 of AIA Document
A201 -2007. i
(State bonding requirements, if any, and limits of liability for insurance required in Article 1 of AIA Document
A201- 2007.) j 1
Type of insurance or bond Limit of liability or bond amount $0.00 , I
This Agreement entered into as of the day and year first written above. ,,.
OWNER (Signature) CONTRACTOR (Signature) [ ;
• «Flo 'Johnson, City Manager kY t y Mann er• »« «Ric McInnis, President »k " ' u ` ._
City of Port Arthur » McInnis Construction
(Printed name and title) (Printed name and title) ' ''' , .• ,, ,e 1
-.. ;}ems
I ,„ _ ..
I , } y,
, , I .„ ,._______.
, i._________, ( ( \ 1
1
AIA Document A101' - 2007. Copyright o 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by D.S. Copyright Law and International 13.
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extant possible under the law. This draft was produced by AIA software at 13:57:33 on
04/27/2010 under Order No.9382348541_1 which expires on 10/06/2010, and ie not for regale.
User Notes: (1632646469)
1 s V f ; ; � . � AIA Document A2 01T - 2 0 0 7
General Conditions of the Contract for Construction
for the following PROJECT: 1
City of Port Arthur Transit Administration Building � ' '' " -'-` t t I
338 Proctor Street i i. ;._ ,.�, .�,; A —,„w;
P ort Arthur , Texas 77640
'ADDITIONS AND DELETIONS -
The author of this document
THE OWNER: has added information
(Name, legal status and address) needed for its completion.
«City of Port Arthur »« » The author may also have
«444 4 Street revised the text of the
Port Arthur, Texas 77640 » ; original AIA standard form.
- !An Additions and Deletions
Report that notes added
THE ARCHITECT: information as well as
(Name, legal status and address) 3 to the standard
° !form -text- is available -from
Brown Reynolds Watford Architects, Inc.
{the author and should be
2700 Earl Rudder Freeway `reviewed.
Suite 4000 : '
This document has im portant
College Station, Texas 77845 _r legal consequences* j
Consultation with an W
TABLE OF ARTICLES attorney is encouraged with
respect to its completion
or modification.
1 GENERAL PROVISIONS 4 - - -. .�, 1
2 OWNER - ,.,,,.
3 CONTRACTOR ,-`'"
4 ARCHITECT w s. \ /
5 SUBCONTRACTORS ../
6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1 L (
7 CHANGES IN THE WORK ..� �. . I
8 TIME
9 PAYMENTS AND COMPLETION
10 PROTECTION OF PERSONS AND PROPERTY
11 INSURANCE AND BONDS 1
i
12 UNCOVERING AND CORRECTION OF WORK . 4 a, __ $01R.
13 MISCELLANEOUS PROVISIONS ELECTRONIC COPYING of any
portion of this AIA' Document
14 TERMINATION OR SUSPENSION OF THE CONTRACT to another electronic file is
prohibited and constitutes a
violation of copyright laws
15 CLAIMS AND DISPUTES as set forth in the footer of
this document.
AIA Document A201' - 2007. Copyright . 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. Al]. rights reserved. WARNING: This AIA Document is protected by D.S. Copyright Law and International i
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maxixum extent possible under the law. This draft was produced by AIA software at 11:00:39 an
11/20/2009 under Order No. 9382348541_1 which expires on 10/06/2010, and is not for resale.
User Note.: (1798919754}
1
1
1
L
1 [..._
., r -
[------„....„-
1
.„.. ......,,,
4„_
.....,... ,..„, ,...
,,.„
„ .......„, ,,,,
� „„,
...,,,,,
i
„,,,,....„
Y
' „...., I
1
''''\\ ,
I
AIA Document A201 - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by 17.8. Copyright Law and International 2
Treaties. Unauthorised reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale. '
timer Notes, (1798919754)
INDEX Architect's Additional Services and Expenses
(Topics and numbers in bold are section headings.) 2.4.1, 11.3.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4
Architect's Administration of the Contract
3.1.3, 4.2, 3.7.4, 15.2, 9.4.1, 9.5
Acceptance of Nonconforming Work Architect's Approvals
9.6.6, 9.9.3, 12.3 2.4.1, 3.1.3, 3.5, 3.10.2, 4.2.7 -_
Acceptance of Work Architect's Authority to Reject Work
9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 3.5, 4.2.6, 12.1.2, 12.2.1 d
Access to Work Architect's Copyright 3
3.16, 6.2.1, 12.1 1.1.7, 1.5
Accident Prevention Architect's Decisions
10 3.7.4,4.2.6,4.2.7,4. 2.11,4.2.12,4.2.13,4.2.14,6.3,
Acts and Omissions 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2 9.4.1, 9.5, 9.8.4, 9.9.1,
3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 13.5.2, 15.2, 15.3 i
10.2.8, 13.4.2, 13.7, 14.1, 15.2 Architect's Inspections ' ""'
Addenda 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8:3,'9.9.2, 9.10.1, 13.5
1.1.1, 3.11.1 Architect's Instructions 1 i r_,.i
Additional Costs, Claims for 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 i i
3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Architect's Interpretations 1 1
i I .
Additional Inspections and Testing 4.2.11, 4.2.12
9.4.2, 9.8.3, 12.2.1, 13.5 Architect's Project Represe ntati e
Additional Insured 4.2.10 ""` ' " — °"1
11.1.4 Architect's Relationship with �, , > „_
Additional Time, Claims for 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5,
3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18,
.'
Administration of the Contract 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4,,,9. -5,
3.1.3, 4.2, 9.4, 9.5 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.42; °13.5,
Advertisement or Invitation to Bid 15.2 ,,.• °` ,.
1.1.1 Architect's Relationship wit Subcontracto s
Aesthetic Effect 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.03, 9:6.4 11.3.7
4.2.13 Architect's Representations t '..*.. --- ''''y
Allowances 9.4.2, 9.5.1, 9.10.1 '""a,� '`...
3.8, 7.3.8 Architect's Site Visits ,'"- �; ' ° °�
All -risk Insurance 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 � . ° {
11.3.1, 11.3.1.1 Asbestos "".”"
Applications for Payment 10.3.1 ,,...r- ,„
4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7, 9.10, Attorneys' Fees / f ",
11.1.3 3.18.1, 9.10.2, 10.3.3 / ,.=
Approvals Award of Separate Contracts t 7
2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, 6.1.1, 6.1.2 i 1 . 1
4.2.7, 9.3.2, 13.5.1 Award of Subcontracts and Other Contracts for
Arbitration Portions of the Work i l 1
8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4 5.2
ARCHITECT Basic Definitions . ...-
4 1.1
Architect, Definition of Bidding Requirements
4.1.1 1.1.1, 5.2.1, 11.4.1 ' - `
Architect, Extent of Authority Binding Dispute Resolution
2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, 9.7,11.3.9,11.3.10,13.1.1, 5, 15:21,15.3:1; \
r
9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 15.3.2, 15.4.1 d ' I
13.5.1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Boiler and Machinery Insurance I
Architect, Limitations of Authority and 11.3.2 i
1 1 I
Responsibility Bonds, Lien i i
2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 7.3.7.4, 9.10.2, 9.10.3 i . i
4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, Bonds, Performance, and Payment _ _ a .,� I
9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 7.3.7.4, 9.6.7, 9.10.3, 11. 3. 9. 11. 4.,,...,. ,.,..--.,—,,,a.,. --1
AIA Document A201" - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by O.S. Copyright Law and International 3
Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal
penalties, end will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
Building Permit Completion, Substantial
3.7.1 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3,
Capitalization 12.2, 13.7
1.3 Compliance with Laws
Certificate of Substantial Completion 1.6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4,
9.8.3, 9.8.4, 9.8.5 10.2.2, 11.1, 11.3, 13.1, 13.4;43.5.1, 13.5.2, 13.6,
Certificates for Payment 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3
4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, Concealed or Unknown Conditions
9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 3.7.4, 4.2.8, 8.3.1, 10.3 ( 1 Y n r
Certificates of Inspection, Testing or Approval Conditions of the Contract —..�x �� _ ��
13.5.4 1.1.1, 6.1.1, 6.1.4 1 .ta..:_.�� - - - °_
Certificates of Insurance Consent, Written
9.10.2, 11.1.3 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1,
Change Orders 9.10.2, 9.10.3, 11.3.1, 13.2, 13.4.2, 15.4.4.2
1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, Consolidation or Joinder " ` t
5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, 15.4.4
8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, CONSTRUCTION BY O WN ER OR B3"
12.1.2, 15.1.3 SEPARATE CONTRACTORS
Orders, Definition of 1.1.4, 6 f (
7.2.1 Construction Change Directive, Definition of
CHANGES IN THE WORK 7.3.1
2.2.1, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 7.4.1, 8.3.1, Construction Change Directives"'`""" I — —"
9.3.1.1, 11.3.9 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1,1.1.2,1.1.3, 7.3, _. _,„_ I
Claims, Definition of 9.3.1.1
15.1.1 Construction Schedules, Contractor's
CLAIMS AND DISPUTES 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2
3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Contingent Assignment of Subcontracts ....'''
Claims and Timely Assertion of Claims 5.4, 14.2.2.2 - „..—.'"”
15.4.1 Continuing Contract Performance ,'°
Claims for Additional Cost 15.1.3 L ,,,,
3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 Contract, Definition of `°".,
Claims for Additional Time 1.1.2
3.2.4, 3.7.46.1.1, 8.3.2, 10.3.2, 15.1.5 CONTRACT, TERMINATION OR '"° „ ''ice
Concealed or Unknown Conditions, Claims for SUSPENSION OF THE `
3.7.4 5.4.1.1, 11.3.9, 14 ,y,
Claims for Damages Contract Administration ,,.- --..,„ �°.�°°° 6
3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 3.1.3, 4, 9.4, 9.5 f
11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Contract Award and Execution, Con ° drtbn l s Relating `
C Subject to Arbitration to I ( 1 v ".."
15.3.1, 15.4.1 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3 11.4.1 i if
Cleaning Up Contract Documents, Copied Furnished and Use of
3.15, 1.5.2, 2.2.5, 5.3 1 I
Commencement of the Work, Conditions Relating to Contract Documents, Definiti L
2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 1.1.1
6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.3.1, 11.3.6, 11.4.1, Contract Sum - °" -� °' _.._o,,�
15.1.4 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4,
Commencement of the Work, Definition of 9.6.7, 9.7, 10.3.2, 11.3.1, 14,2.4, 143.2,- 15:1:4; ,,.,„
1 8.1.2 15.2.5
Communications Facilitating Contract Contract Sum, Definition of ` °°-.
Administration 9.1
3.9.1, 4.2.4 Contract Time
Completion, Conditions Relating to 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1. 7.3.1, 7.3.5, 7.4, i
3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 8.1.1, 8.2.1, 8.3.1, 9.5.1, 9.71103.2, 12.1.1, 14.3.2,
9.10, 12.2, 13.7, 14.1.2 15.1.5.1, 15.2.5 11
COMPLETION, PAYMENTS AND Contract Time, Definition of " ° 1
9 8.1.1 1 . ------2
AIA Domment A201° - 2007. Copyright a 1911, 1915, . 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International 4
Treaties. Unauthorised reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348581_1 . which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
CONTRACTOR Costs
3 2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3,
Contractor, Definition of 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6,
3.1, 6.1,2 11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14
Contractor's Construction Schedules Cutting and Patching
3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 3.14, 6.2.5
Contractor's Employees Damage to Construction of Owner or Separate
3.3.2, 3.4.3, 3.8,1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, Contractors
11.1.1, 11.3.7, 14.1, 14.2.1.1, 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3,
Contractor's Liability Insurance 12.2.4
11.1 Damage to the Workw ������
Contractor's Relationship with Separate Contractors 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4.1, 11.3.1, 12.2.4
and Owner's Forces Damages, Claims for
3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 3.2.4, 3.18, 6.1.1, 8.3.3, 9.51, 4.7, 10.3.3, 11.1.1,
Contractor's Relationship with Subcontractors 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6
1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, Damages for Delay '""3
11.3.1.2, 11.3.7, 11.3.8 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 1 1
Contractor's Relationship with the Architect Date of Commencement of the Work, Definition of
1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 8.1.2 1 i
3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.3, 4.2, 5.2, Date of Substantial Completion, Definition of
6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 8.1.3 1 3
10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Day, Definition of tt 'v_ "° ° """ " -® "°
Contractor's Representations 8.1.4
3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Decisions of the Architect
Contractor's Responsibility for Those Performing the 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3,�
Work 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1,
3.3.2, 3.18, 5.3.1, 6.1.3, 6.2, 9.5.1, 10.2.8 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 r, ,,,_ " ,,,-
Contractor's Review of Contract Documents Decisions to Withhold Certification" �,, ,.�
3.2 9.4.1, 9.5, 9.7, 14.1.1.3 ,,-
Contractor's Right to Stop the Work Defective or Nonconforming Woo`k
9.7 Rejection and Correction of ° *�,.,, '...., `` -,,, 1
Contractor's Right to Terminate the Contract 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.5, 9.5.1, 5:2, 9.6.'8;9.8:2,
14.1, 15.1,6 9.9.3, 9.10.4, 12.2.1 ' °* W.
Contractor's Submittals Definitions tr' ''''' -- ---, 1
3.10,3.11,3.12.4,4 .2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1,
9.8.3, 9.9.1, 9.10.2, 9.10.3, 1 1 . 1 . 3 , 11.4.2 15.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8,1,.9.1, 9.8.1 ,,.f'
Contractor's Superintendent Delays and Extensions of Tid
3.9, 10.2.6 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1/7.4,,8.3:9.5,1, 9.7,/ 7
Contractor's Supervision and Construction 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 \ V ,`
Procedures Disputes 1 i 's
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 6.3, 7.3.9, 15.1, 15.2 ; g '
7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 Documents and Samples at the S
Contractual Liability Insurance 3.11 L — = I __ :. , -
11.1.1.8, 11.2 Drawings, Definition of
Coordination and Correlation 1.1.5
1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Drawings and Specifications, Use and Ownership of
Copies Furnished of Drawings and Specifications 3.11
1.5, 2.2.5, 3.11 Effective Date of Insurance - N.,
Copyrights 8.2.2, 11.1.2 i � , � """,—�'- "`"° °, >� '*,,
1.5, 3.17 Emergencies L
Correction of Work 10.4, 14.1.1.2, 15.1.4
2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Employees, Contractor's
Correlation and Intent of the Contract Documents 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18. , 4 { 2.3, 4,2.6, 10.2, 1 1
1.2 10.3.3, 11.1.1, 11.3.7, 14.1,p1p t 4.2.1.1 !
Cost, Definition of t-------...1 t-------...1 — ..,1
7.3.7 1,..- -,:.. —...,,,,�� -a.,m .�.a—.
AIA Document A201' - 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by O.S. Copyright Law and International 5
Treaties. Unauthorised reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9302348541_1 which expires on 10/06/2010, and is not for resale.
User Notes; (1798919754)
Equipment, Labor, Materials or Instruments of Service, Definition of
1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13.1, 3.15.1, 1.1.7
4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, Insurance
9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 3.18.1, 6.1.1, 7,3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11
Execution and Progress of the Work Insurance, Boiler and Machinery
1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 11.3.2 7i
3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, Insurance, Contractor's Liability
9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 11.1 !!
Extensions of Time Insurance, Effective Date off
3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 8.2.2, 11.1.2 —
10.4.1, 14.3, 15.1.5, 15.2.5 Insurance, Loss of Use -_
Failure of Payment 11.3.3 1__
9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14.2.1.2 Insurance, Owner's Liability i
Faulty Work 11.2 L. j
(See Defective or Nonconforming Work) Insurance, Property
Final Completion and Final Payment 10.2.5, 11.3 ("'1
4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, Insurance, Stored Materials $
12.3.1, 14.2.4, 14.4.3 9.3.2
i
Financial Arrangements, Owner's INSURANCE AND BONDS i ri
2.2.1, 13.2.2, 14.1.1.4 11 1
Fire and Extended Coverage Insurance Insurance Companies, Cons P
nt tartial ccu anc
� y
11.3.1.1 9.9.1 �}
GENERAL PROVISIONS Intent of the Contract Documents . _ . _ . –!
1 1.2.1,4.2.7, 4.2.12,4.2.13,7.4
Governing Law Interest
13.1 13.6 __,...--'''':.)
Guarantees (See Warranty) Interpretation ,,'''''
Hazardous Materials 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 . a^" ,,,r
10.2.4, 10.3 Interpretations, Written --°*".. ......"" 1
Identification of Subcontractors and Suppliers 4.2.11, 4.2.12, 15.1,4 <
5.2.1 Judgment on Final Award .,,
Indemnification 15.4.2`' < _
3.17, 3.18, 9.10.2, 10.3,3, 10.3.5, 10.3.6, 11,3.1.2, Labor and Materials, Equipment ,� '",,.,!
11.3.7 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1; `..~r,,,,,, Information and Services Required of the Owner 4,2,6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3,.
2.1.2, 2.2, 3.2.2, 3.12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2: -2. � � '
9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, Labor Disputes ,.,r'
13.5.2, 14.1.1.4, 14.1.4, 15.1.3 8.3.1 , "'
Initial Decision Laws and Regulations ; }
15.2 1.5,3.2.3,3.6,3.7,3.12 .10,3.13.1,4.1.1,96.4, / 9,`9.1,
Initial Decision Maker, Definition of 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4 13.5.1, 13.5.2,
1.1.8 13.6.1, 14, 15.2.8, 15.4 1
Initial Decision Maker, Decisions Liens I L � T � q ��
14.2.2, 14.2.4, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 2.1.2, 9.3.3, 9.10.2, 9.10.4, 1.
5.2.8
Initial Decision Maker, Extent of Authority Limitations, Statutes of
14.2.2, 14.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 12,2.5, 13.7, 15.4.1.1
15.2.5 Limitations of Liability –. - --� =--..,
In or Damage to Person or Property 2.3.1, 3.2.2, 3.5, 3.12.10, 3.17, 3,18.1, 4.2.6, 4.2.7,
10.2.8, 10.4.1 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7; 10.2:5;`10.` �3.3, -' `"�'
Inspections 11.1.2, 11.2, 11.3.7, 12.2.5, 3.4 2`�
3.1.3, 3.3.3, 3.7.1, 4.2.2, 4,2.6, 4.2.9, 9.4.2, 9.8.3, Limitations of Time
9.9.2, 9.10.1, 12.2.1, 13.5 2,1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3 .12.5, 3.15.1, 4.2.7, 1 I
Instructions to Bidders 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3,
1.1.1 9.4.1,9.5,9.6,9. 7,9.8,9.9,9.10,11.1.3,11.3.1.5, 3
Instructions to the Contractor 11.3.6, 11.3.10, 12.2, 13.5, ' 3.7 ;` 1 4 ; "15" ° ° "�° "
3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.5.2 Loss of Use Insurance :-- - -..:1
11.3.3
AIA Document A201' - 2007. Copyright o 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING, This AIA Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal 6
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
Material Suppliers Owner, Information and Services Required of the
1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2,
Materials, Hazardous 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1,
10.2.4, 10.3 13.5.2, 14.1.1.4, 14.1.4, 15.1.3
Materials, Labor, Equipment and Owner's Authority
1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 1.5, 2.1.1, 2.3.1, 2.4.1, 3.4.2, 3.8,.1, 3.12.10, 3.14.2,
3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 4.1.2,4.1.3,4.2.4,4 .2.9,5.2:1,5.2.4,5.4.1,6.1,6.3,
9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4,
14.2.1.2 9.9.1, 9.10.2, 10.3.2, 11.1.3,;11.3.3, 11.3.10, 12.2.2,
Means, Methods, Techniques, Sequences and 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 -- , „=`:j.-"m- -1
Procedures of Construction Owner's Financial Capability ti = — =a -:� =---i
3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 2.2.1, 13.2.2, 14.1.1.4 1
Mechanic's Lien Owner's Liability Insurance •
2.1.2, 15.2.8 11.2 i s
Mediation Owner's Relationship with Subcontractors
8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2; 14.2.2
15.4.1 Owner's Right to Carry Out the Work r`-1
Minor Changes in the Work 2.4, 14.2.2
1.1.1, 3.12.8, 4.2.8, 7.1, 7.4 Owner's Right to Clean U p
MISCELLANEOUS PROVISIONS 6.3 i
13 Owner's Right to PerformjConstruction and( to
Modifications, Definition of Award Separate Contracts L ----I - ...,.._
1.1.1 6.1
Modifications to the Contract Owner's Right to Stop the Work
1.1.1,1.1.2,3.11 ,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, 2.3 ,,.-°
10.3.2, 11.3.1 Owner's Right to Suspend the Work
Mutual Responsibility 14.3 r .
6.2 Owner's Right to Terminate the Contract
Nonconforming Work, Acceptance of 14.2 ''.,�'''�
9.6.6, 9.9.3, 12.3 Ownership and Use of Dr w ingsTSpecificati o ns
Nonconforming Work, Rejection and Correction of and Other Instruments of Service "wtr..., s
2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 1.1.1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2,3:11.,1, 3.17
9.10.4, 12.2.1 4.2.12, 5.3.1 '......''', �` °,,.,
� {
Notice Partial Occupancy or Use •.,,�
2.2.1, 2.3.1, 2.4.1, 3.2.4, 3.3.1, 3.7.2, 3.12.9, 5.2.1, 9.6.6, 9.9, 11.3.1.5
9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, Patching, Cutting and
13.5.2, 14.1, 14.2, 15.2.8, 15.4.1 3.14, 6.2.5 }y
�
Notice, Written Patents a °�` \ ti '
2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, 3.17 # �.
9.10, 10.2.2, 10.3, 11.1.3, 11.3.6, 12.2.2.1, 13.3, 14, Payment, Applications for ! i
15.2.8, 15.4.1 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1,
Notice of Claims 14.2.3, 14.2.4, 14.4.3
(
3.7.4, 10.2.8, 15.1.2, 15.4 Payment, Certificates for
Notice of Testing and Inspections 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, '
13.5.1, 13.5.2 9.10.3, 13.7, 14.1.1.3, 14.2.4 - ..- ------ —_
Observations, Contractor's Payment, Failure of
3.2, 3.7.4 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14,2.1,2------ --
Occupancy Payment, Final ,
2.2.2, 9.6.6, 9.8, 11.3.1.5 4.2.1, 4.2.9, 9.8.2, 9.10, 11.1.2 (1 1.1x3;'1.4.1,12:3.`1 ; ,, ``
Orders, Written 13.7, 14.2.4, 14.4.3 ;' 7 °
1.1.1, 2.3, 3.9.2, 7, 8.2.2, 11.3.9, 12.1, 12.2.2.1, Payment Bond, Performance Bond and t 1
13.5.2, 14.3.1 7.3.7.4, 9.6.7, 9.10.3, 11.4 i ; i 1
OWNER Payments, Progress a
2 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 a
Owner, Definition of PAYMENTS AND COMPLETION ° ”' ""
2.1.1 9 L.u..__ y:__.. ___,._,.y.._d_,.....
AIA Document A201' - 2007. Copyright ° 1911, 1915, 1919, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING) This AIA Document is protected by 0.5. Copyright Lew and International '
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law, This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
Veer Notes: (1798919754)
Payments to Subcontractors Rights and Remedies
5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14,2.1.2 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1,
PCB 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4,
10,3.1 13.4, 14, 15.4
Performance Bond and Payment Bond Royalties, Patents and Copyrights
7.3.7.4, 9.6.7, 9.10.3, 11.4 3.17 r '°-, .
Permits, Fees, Notices and Compliance with Laws Rules and Notices for Arbitration
2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 15.4.1
PERSONS AND PROPERTY, PROTECTION Safety of Persons and Propert
OF 10.2, 10.4
10 Safety Precautions and Programs - -«» -- -, -'
Polychlorinated Biphenyl 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4
10.3.1 Samples, Definition of i
Product Data, Definition of 3.12.3 1
3.12.2 Samples, Shop Drawings, Product Data and
Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 4
3.11, 3.12, 4.2.7 Samples at the Site, Documen and r.. "i
Progress and Completion 3.11
4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 Schedule of Values
Progress Payments 9.2, 9.3.1
i I
9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 Schedules, Construction
Project, Definition of 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.51'
1.1.4 Separate Contracts and Contactors „ — 7.1.
Project Representatives 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2
4.2.10 Shop Drawings, Definition of ,e•
Property Insurance 3.12.1 a �' ' „�,
10.2.5, 11.3 Shop Drawings, Product Data and Samples
PRO OF PERSONS AND PROPERTY 3.11, 3.12, 4.2.7
10 Site, Use of
Regulations and Laws 3.13, 6.1.1, 6.2.1 ,,,,.
1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, Site Inspections
`^�.
10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14, 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9:101, 13.5'
15.2.8, 15.4 Site Visits, Architect's .,„„, - ° ,
Rejection of Work 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 ``' --,
3.5, 4.2.6, 12.2.1 Special Inspections and Testing '""''
Releases and Waivers of Liens 4.2.6, 12.2.1, 13.5 r f.,.,,„ °�
9.10.2 Specifications, Definition of
Representations 1.1.6
3.2.1, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, Specifications iii
9.8.2, 9.10.1 1.1.1, 1.1.6, 12.2, 1.5, 3.11,
1
Representatives Statute of Limitations € 1
2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 13.7, 15.4.1.1 j 1
5.1.2, 13.2.1 Stopping the Work I� 1 -_._.� -_ _.,i
Responsibility for Those Performing the Work 2.3, 9.7, 10.3, 14.1 I
3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 Stored Materials =s°'° = - '°
Retainage 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4
9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Subcontractor, Definition of a ,,,..- -- - -- :.,
Review of Contract Documents and Field 5.1.1 ,,,' ,,.
N.
Conditions by Contractor SUBCONTRACTORS ,".''` ' 'a
3.2, 3.12.7,6.1.3 5 O ��
Review of Contractor's Submittals by Owner and Subcontractors, Work by 9
Architect 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3,5.3, 5.4, 9.3.1.2,
3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 9.6.7
Review of Shop Drawings, Product Data and Subcontractual Relations � j
Samples by Contractor 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1; 14"1; 14.21��
3 _..._...,.,y„,, _ . _,.,.:....___I
AIA Document A201' - 2007. Copyright C 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International 8
Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law, This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale,
User Notes: (1798919754)
Submittals Tests and Inspections
3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2,
9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 9.10.1, 10.3.2, 11.4.1.1, 12.2.1, 13.5
Submittal Schedule TIME
3.10.2, 3.12.5, 4.2.7 8
Subrogation, Waivers of Time, Delays and Extensions of
6.1.1, 3.2.4,3.7.4,5.2.3 ,7.2.1,7.3,1,7.4,
Substantial Completion 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5
4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, Time Limits
12.2, 13.7 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3 11,3.12.5, 3.15 1 4.2," T--
Substantial Completion, Definition of 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, fi.2, 9.2, 9.3.1, 9.3.3, - :---.. —:a
9.8.1 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 12.2, 13.5,
Substitution of Subcontractors 13.7, 14, 15.1.2, 15.4 I
5.2.3, 5.2.4 Time Limits on Claims 1
Substitution of Architect 3.7.4, 10.2.8, 13.7, 15.1.2
4.1.3 Title to Work ''
Substitutions of Materials 9.3.2, 9.3.3 iT r 1
6
3.4.2, 3.5, 7.3.8 Transmission of Data in Digital Form 1 1
Sub - subcontractor, Definition of 1.6 i ?
5.1.2 UNCOVERING AND CORRECTION OF 1
Subsurface Conditions WORK i
1 _
3.7.4 12 L,.....---.1 �:�:.. —_. , —
Successors and Assigns Uncovering of Work 1 ,______________ _ , 1
13.2 12.1
Superintendent Unforeseen Conditions, Concealed or Unknown a s°'
3.9, 10.2.6 3.7.4, 8.3.1, 10.3 �-,--
Supervision and Construction Procedures Unit Prices ",''''''
1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.3.3.2, 7.3.4 ,,,.��x`!
7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Use of Documents >- i ,
Surety 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 ; '-�Z'. ;
5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Use of Site ` ^ ` �`
Surety, Consent of 3.13, 6.1.1, 6.2.1 4 ` ° m I
9.10.2, 9.10.3 Values, Schedule of �"�.. '`� °�:
Surveys 9.2, 9.3.1 ...,,
2.2.3 Waiver of Claims by the Architect
Suspension by the Owner for Convenience 13.4.2 ��:u ,.. �,r
14.3 Waiver of Claims by the Contract f ` ° � )
Suspension of the Work 9.10.5, 13.4.2, 15.1.6 t j t*"'° " - ' .
5.4.2, 14.3 Waiver of Claims by the Owner
Suspension or Termination of the Contract 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15:1
5.4.1.1, 14 Waiver of Consequential Damages i
Taxes 14.2.4, 15.1.6 1 . I I
3.6, 3.8.2.1, 7.3.7.4 Waiver of Liens g 1 i y
9�
Termination by the Contractor 9.10.2, 9.10.4 i
14.1, 15.1.6 Waivers of Subrogation 1 ------------------ -
Termination by the Owner for Cause 6.1.1, 11.3.7 •
5.4.1.1, 14.2, 15.1.6 Warranty
Termination by the Owner for Convenience 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7.1 "`N,
14.4 Weather Delays .,,
Termination of the Architect 15.1.5.2
1 1 / `\
4.1.3 Work, Definition of
Termination of the Contractor 1.1.3 r 1
14.2.2 Written Consent ? 1 '
TERMINATION OR SUSPENSION OF THE 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, i 4
CONTRACT 9.9.1, 9.10.2, 9.10.3, 11.4.1,'113.2; 13:4:2;'15:4:4.2`°' - °"` "
14 Written Interpretations ......,.,.,.. .a. . _,- ,.�.,...- .U--ti,_
4.2.11, 4.2.12
ALA Document A201' - 2007. Copyright o 1911, 1915, 1918, 1925, 1937, 1951, 1950, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING, This AIA' Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal 9
penalties, and will be prosecuted to the maximum extent possible under the law_ This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notesx
(17989197541
Written Notice Written Orders
2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2, 9.7, 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1,
9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15.1.2
15.4.1
I [ '
t
I r______.....,„,„,,.___.
3
1
L
i . use_
,..,„-1
,.
......„---
„,,,,
. c,...„, .....„.....,
_.,...,1 .,....,.„ ""o s at'
„A,
....,,,,,,,
j
( ) 1 /"': \,/ r''
i
I f
(i #(
( +cw..env- c.rv.csr Limmee.a'vtta�tva. fj�
1 _,_.�5y._:.,S..X _-sex+- zsa-a:vl.+sm.szva J
•
1 t
1 i /
AIA Document A201' - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by D.S. Copyright Law and International 1.0
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
ARTICLE 1 GENERAL PROVISIONS
§ 1.1 BASIC DEFINITIONS
§ 1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the
Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in
the Agreement and Modifications issued after execution of the Contract. A Modification is p) written amendment
to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written
order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the
Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders; sample forms; ' —, -
other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractors= bid =or— -- .--J
proposal, or portions of Addenda relating to bidding requirements. I I
§ 1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the entlr and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the I
Architect's consultants, (2) between the Owner and a Subcontractor or a Sub - subcontractor (31 between the Owner
and the Architect or the Architect's consultants or (4) between any persons or entities otherithan the Owner and the
Contractor. The Architect shall, however, be entitled to performance and enforcement of oblig = tions under the
Contract intended to facilitate performance of the Architect's duties. �— '°"`"�
§ 1.1.3 THE WORK
The term "Work" means the construction and services required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials, equipment and services provided or to be provided
the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of th Proj ce t.
§ 1.1.4 THE PROJECT (' ,..�°°
The Project is the total construction of which the Work performed under the Contract Documentay be the hole
or a part and which may include construction by the Owner and by separate contractors..,
§ 1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and ° �` 1
dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.
§ 1.1.6 THE SPECIFICATIONS _ ,✓"'f.
- The Specifications are that portion of the Contract Documents consisting of the written requirerents fdr,
equipment, systems, standards and workmanship for the Work, and performance of related entices.
,"
§ 1.1.7 INSTRUMENTS OF SERVICE
Instruments of Service are representations, in any medium of expression now known or later developed, of the
tangible and intangible creative work performed by the Architect and the Architect's consultants under their���_
respective professional services agreements. Instruments of Service may include, without limitation, studies,
surveys, models, sketches, drawings, specifications, and other similar materials.
§ 1.1.8 INITIAL DECISION MAKER
The Initial Decision Maker is the person identified in the Agreement to render initial decisions n'Claims in
accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2.
§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS ,
§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the prope execution and
completion of the Work by the Contractor. The Contract Documents are complementary, and vihat is required by
one shall be as binding as if required by all; performance by the Contractor shall be required oV y to the extent I
consistent with the Contract Documents and reasonably inferable from them as being neces ary'To produce the
indicated results.
Al?. Document A201" - 2007. Copyright a 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architecte. All rights reserved. WARNING: This Pak' Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal 11
penalties, and will be prosecuted to the maximum extent poesibia under the law. This draft was produced by AIA software at 11:00.38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for regale.
User Notes: (1798919754)
§ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not
control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be
performed by any trade.
§ 1.2.3 Unless otherwise stated in the Contract Documents, words that have well -known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognizedjeanings.
§ 1.3 CAPITALIZATION
Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of
numbered articles or (3) the titles of other documents published by the American Institute of Arc iitects: '"" — 1
§ 1.4 INTERPRETATION
In the interest of brevity the Contract Documents frequently omit modifying words such as "
and "any" and
articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in
another is not intended to affect the interpretation of either statement.
§ 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS O F ERVICE 71
§ 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owner of their respecti i e
Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and
other reserved rights, including copyrights. The Contractor, Subcontractors, Sub - subcontractor, and materialjor
equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to
meet official regulatory requirements or for other purposes in connection with this Project is notto construed as- = 1
publication in derogation of the Architect's or Architect's consultants' reserved rights. ,,,—=„.,,, ------ 1
§ 1.5.2 The Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers are authorized to use
and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. Ally -° ,,)
copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. f ..- `
The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers may not.use h i
W
Instruments of Service on other projects or for additions to this Project outside the scope of:the ork..without the
specific written consent of the Owner, Architect and the Architect's consultants.
§ 1.6 TRANSMISSION OF DATA IN DIGITAL FORM °ate
If the parties intend to transmit Instruments of Service or any other information or documentation in digitaITorm_ , �`'...,...,
they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already ,
provided in the Agreement or the Contract Documents. `^� i
ARTICLE 2 OWNER . ''
§ 2.1 GENERAL f / � .
§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to ihroughou . the:
Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have
express authority to bind the Owner with respect to all matters requiring the Owner's approval w or authorization.
Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means
the Owner or the Owner's authorized representative. L.sAVm....._i L_ :_
§ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written•request ;°information --
necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such
information shall include a correct statement of the record legal title to the property on which the Projectvis°located,,
usually referred to as the site, and the Owner's interest therein.
§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
7
§ 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide
reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's {obligations under the
Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the I I
Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) j s
the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make paymenE wlien due:" 3
The Owner shall furnish such evidence as a condition precedent to commencement or continuation of,the_Work.orr�- --...-1
AIA Document A201' - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U,S. Copyright Law and International 12
Treaties. Unauthorised reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. Thie draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06 /2010, and is not for resale.
User Notes: (1798919754)
the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not
materially vary such financial arrangements without prior notice to the Contractor.
§ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,
including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy of permanent structures'or for permanent
changes in existing facilities. 1 1
§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for
the site of the Project, and a legal description of the site. The Contractor shall be entitled tolrely on the accuracy of 1
information furnished by the Owner but shall exercise proper precautions relating to the safe performance.of- the - =s-=J
Work. 1 I
§ 2.2.4 The Owner shall furnish information or services required of the Owner by the Cont4ct Documents with
reasonable promptness. The Owner shall also furnish any other information or services undeithe Owner's control
and relevant to the Contractor's performance of the Work with reasonable promptness after +3'eceiving the
Contractor's written request for such information or services. i i r"
§ 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor o cpy of
the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.
§ 2.3 OWNER'S RIGHT TO STOP THE WORK 'n 1 .—a.�.,-_.., -...
If the Contractor fails to correct Work that is not in accordance with the requirements of the _ContractDocuments
required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the
Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such
order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part
of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except .the extent
required by Section 6.1.3. ..---.'1
§ 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK r:--''''''' I
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documen s°'and fails 1
within a ten -day period after receipt of written notice from the Owner to commence and continue cotrectio ofsucb
default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner n,,,
may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from `'" - ....„,
payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including 0
Owner's expenses and compensation for the Architect's additional services made necessary by) neglect `�
, j
or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior apprdv of the -
Architect. If payments then or thereafter due the Contractor are not sufficient to cover such irnounts, t1ie Contrac r .�
shall pay the difference to the Owner. t / ) V s /
,.
ARTICLE 3 CONTRACTOR I 1 (
§ 3.1 GENERAL 3 i I I
§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throup}ioutft he
Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the
jurisdiction where the Project is located. The Contractor shall designate in writing a representative =who shall-have -
express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means
the Contractor or the Contrtor's authorized representative. ��„,,..,�. .,,,,.,..
§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. / ` ° ......
§ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract
Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests,
inspections or approvals required or performed by persons or entities other than the Contra tor. i
AIL Document A201' - 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International 13
Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal
penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11,00:30 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and ie not for resale.
User Metes: (17989197541
§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
§ 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,
become generally familiar with Local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents.
§ 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the
Work, carefully study and compare the various Contract Documents relative to that portionof tie Work, as well as
the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing
conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These
obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the
purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; horever J
shall promptly report to the Architect any errors, inconsistencies or omissions discovered by orlmade known to the
Contractor as a request for information in such form as the Architect may require, It is recognized that the
Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional,
unless otherwise specifically provided in the Contract Documents.
§ 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with app`Iicable
laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, bait the Contractor
shall promptly report to the Architect any nonconformity discovered by or made known to he Contractorlas a
request for information in such form as the Architect may require.
I
§ 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications oritistructions
Architect issues in response to the Contractor's notices or requests for information pursuant toSections 3.2 2_ or�._ j
3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations
of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been
avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the
Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or
omissions in the Contract Documents, for differences between field measurements or conditions and - the Contract
Documents, or for nonconformities of the Contract Documents to applicable Iaws, statutes „o(dinances; Codes, rules
and regulations, and lawful orders of public authorities. ( I
§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention.
Contractor shall be solely responsible for, and have control over, construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract �^
Documents give other specific instructions concerning these matters. If the Contract Documenlgive.specific
instructions concerning construction means, methods, techniques, sequences or procedures, tie Contractoishall ,r
evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite
safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such mans /`
methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the
Owner and Architect and shalt not proceed with that portion of the Work without further written instructions from
the Architect. If the Contractor is then instructed to proceed with the required means, methods,itechniques
sequences or procedures without acceptance of changes proposed by the Contractor, the Ovnee, shall be sotety_ � _
responsible for any loss or damage arising solely from those Owner- required means, methods, techniques, sequences
or procedures.
§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's mployees,-
Subcontractors and their agents and employees, and other persons or entities performing portions'of the Work for, or
on behalf of, the Contractor or any of its Subcontractors.
i
§ 3.3,3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that
such portions are in proper condition to receive subsequent Work. 1
§ 3.4 LABOR AND MATERIALS -
§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for'1'alio %�
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, trknsportation,.and other,sa_��
AIA Document A201' - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This ALA' Document is protected by U.S. Copyright Law and International 14
Treaties. Unauthorized reproduction or distribution of this ALA' Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919750
facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent
and whether or not incorporated or to be incorporated in the Work.
§ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections
3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the
Architect and in accordance with a Change Order or Construction Change Directive.
§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other
persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly
skilled in tasks assigned to them. ! I
§ 3.5 WARRANTY 1 I
The Contractor warrants to the Owner and Architect that materials and equipment furnished unier the Contract will
be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further
warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects,
except for those inherent in the quality of the Work the Contract Documents require or permit: Work, materials, or
equipment not conforming to these requirements may be considered defective. The Contractor's warranty'ezcludes
remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the
Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
§ 3.6 TAXES
The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor hat are__ ,_.
legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled
to go into effect.
3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS
§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay„for t e building
permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper
execution and completion of the Work that are customarily secured after execution of the Contraci.and legally
required at the time bids are received or negotiations concluded.
3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances'codes, '' 4
rules and regulations, and lawful orders of public authorities applicable to performance of the Work.
§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, .
rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility ,: "
for such Work and shall bear the costs attributable to correction. f , \{
§ 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site'that are (1: /
subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, that differ materially froth those ordinarily
found to exist and generally recognized as inherent in construction activities of the character provided for in the
Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions
are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly--s ---
investigate such conditions and, if the Architect determines that they differ materially and cause an increase or
decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommendan
equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions
at the site are not materially different from those indicated in the Contract Documents and that' no change in the \
terms of the Contract is justified, the Architect shall promptly notify the Owner and Contra / Eor irl'writing, stating the , ,
reasons. If either party disputes the Architect's determination or recommendation, that party may proceed as
provided in Article 15. I
§ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial
markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contrac ot'°`r shall uiiinediateIy " .zi
suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt.ofsuch
notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume
AIA Document A201' - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document in protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal 3.5
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes, (1798919754)
the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but
shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the
Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in
Article 15.
§ 3.8 ALLOWANCES
§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items
covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,
but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable
objection.
§ 3.8.2 Unless otherwise provided in the Contract Documents,
.1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and
all required taxes, less applicable trade discounts; 1 1
.2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance amounts shall be included in-the Contract Sum but
not in the allowances; and
.3 Whenever costs are more than or less than allowances, the Contract Sum sh411 be adjusted I
accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference
between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor'sicosts
under Section 3.8.2.2.
§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonablepromptn ess.,.,.,,,,�_�
§ 3.9 SUPERINTENDENT f a
§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance
at the Project site during performance of the Work. The superintendent shall represent the Contractor,
communications given to the superintendent shall be as binding as if given to the Contractor.
§ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing•to the Owner
through the Architect the name and qualifications of a proposed superintendent. The Archket•may reply „ withi 1
days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the .,,
proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Archi
within the 14 day period shall constitute notice of no reasonable objection. ~*�
§ 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect-has,made
reasonable and timely objection. The Contractor shall not change the superintendent without the Owner” nsent,.,
which shall not unreasonably be withheld or delayed. f 1 ��,,s'"
§ 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES t '
§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit f the Owner's a" nd
Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits
current under the Contract Documents, shall be revised at appropriate intervals as required 1y the conditions of the z 6s®.
Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall
provide for expeditious and practicable execution of the Work.
§ 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract,and°thereafter,
as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's apztat:
The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedufe shall "(1) be
coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable rime to review
submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be enS.itled to any increase
in Contract Sum or extension of Contract Time based on the time required for review of sulimi als.
§ 3.10.3 The Contractor shall perform the Work in general accordance with the most recent chedules submitted to
the Owner and Architect.
AIA Document A201' - 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International 6
Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
§ 3.11 DOCUMENTS AND SAMPLES AT THE SITE
The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change
Orders and other Modifications, in good order and marked currently to indicate field changes and selections made
during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required
submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the
Owner upon completion of the Work as a record of the Work as constructed. r1
§ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
§ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the
Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier or distributor to illustrate some portion of
the Work.
§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,3 brochures, diagrams and
other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
§ 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship °and establish standards
by which the Work will be judged. 1 '`
§ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is
to demonstrate the way by which the Contractor proposes to conform to the information given and the design'
concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents
require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals
upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents � j
Submittals that are not required by the Contract Documents may be returned by the Architect without action. pp
§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the •' �.i
Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents
accordance with the submittal schedule approved by the Architect or, in the absence of an approved °submittal [
schedule, with reasonable promptness and in such sequence as to cause no delay in the Workn the activities of
the Owner or of separate contractors. .z.,Z,.,�
§ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to .„
the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified „_ w
materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and '^° -. I
coordinated the information contained within such submittals with the requirements of the Work and of the Contract ";".1
Documents.
§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal'
and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been_
approved by the Architect. ' l
I I (
§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of
responsibility for deviations from requirements of the Contract Documents by the Architect's a p rloyal of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect
in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific---
deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued
authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions.in hop ,.,,,
Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof.
§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, to revisions other than those requested by the Architect on previdus submittals. In the a 9
absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions.
§ 3.1 2.10 The Contractor shall not be required to provide professional services that constitute the practice of
architecture or engineering unless such services are specifically required by the Contract Docume its'fot a portton of'�` ` 1
the Work or unless the Contractor needs to provide such services in order to carry out the Clontractor's ... �„y �, - �:.,ri,,.. -.•:
responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be
AIA Document A201 - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. A11 rights reserved, WARNING: This AIA Document is protected by O.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal 17
penalties, and will be prosecuted to the maximum extent possible under the law, This draft was produced by AIA Software at 11,00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes;
(1798919754)
required to provide professional services in violation of applicable law. If professional design services or
certifications by a design professional related to systems, materials or equipment are specifically required of the
Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria
that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a
properly licensed design professional, whose signature and seal shall appear on all drawings, calculations,
specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings
and other submittals related to the Work designed or certified by such professional, if prepared iby others, shall bear
such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled
to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or
provided by such design professionals, provided the Owner and Architect have specified to the'Contracfor'a11
—s -G._ d
performance and design criteria that such services must satisfy. Pursuant to this Section 3 .12.10 theArchitect -will- ..�. -
review, approve or take other appropriate action on submittals only for the limited purpose 'of checking for
conformance with information given and the design concept expressed in the Contract Documents. The Contractor
shall not be responsible for the adequacy of the performance and design criteria specified in the Contract
Documents.
L---3
,...-
§ 3.13 USE OF SITE i
The Contractor shall confine operations at the site to areas permitted by applicable laws, statut ordinances, codes,
rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably
encumber the site with materials or equipment. I 1 1
§ 3.14 CUTTING AND PATCHING L.,..... L... - :..--.a:-
§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete,lhe W- __ork or to nAke__ ct3
its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition
existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. .''
§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed -
�.�,,''."
construction of the Owner or separate contractors by cutting, patching or otherwise altering such cons ruction,.or by
excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or s parate'contractor`
except with written consent of the Owner and of such separate contractor; such consent shall not1 unreasonabily 111]
withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the s
consent to cutting or otherwise altering the Work. ` L
§ 3.15 CLEANING UP TR°,tl
§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or �"`
rubbish caused by operations under the Contract. At completion of the Work, the Contractor shalhremoKe waste ,o�' ` 1
materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about,' 1
the Project. 1 \
§ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so a Owner
shall be entitled to reimbursement from the Contractor. i (
§ 3.16 ACCESS TO WORK _ 1
The Contractor shall provide the Owner and Architect access to the Work in preparation and pr wherever I ta
located.
§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTS ,,...., w ., :t „
The Contractor shall pay ail royalties and license fees. The Contractor shall defend suits or claims'for infringement
of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account "t bu "'w,,,
shall not be responsible for such defense or loss when a particular design, process or product { of a particular
manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are ,
contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the
1 i
Contractor has reason to believe that the required design, process or product is an infringementof a copyright or a
patent, the Contractor shall be responsible for such loss unless such information is promptly fu;nished to the _a1
Architect. i _ x- _._. -- ..��
i i
AIA Document A201' - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. A11 rights reserved. WARNING: This All. Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this Alit' Document, or any portion of it, may result in severe civil and criminal 1 8
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
§ 3.18 INDEMNIFICATION
§ 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner,
Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages,
losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the
Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,
or to injury to or destruction of tangible property (other than the Work itself), but only to the a tent caused by the
negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirect1) employed by them or
anyone for whose acts they may be liable, regardless of whether or not such claim, damage los's or expense is
caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce
other rights or obligations of indemnity which would otherwise exist as to a party or person describedin tfits Sectio
3.18.
§ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an enjployee of the Contractor,
a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts theylmay be liable, the
indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount :& type of damages,
compensation or benefits payable by or for the Contractor or a Subcontractor under worker' compensation acts,
disability benefit acts or other employee benefit acts. I
ARTICLE 4 ARCHITECT
§ 4.1 GENERAL I $
§ 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entit} lawfully practicin
architecture in the jurisdiction where the Project is located. That person or entity is identified a s °)
Agreement and is referred to throughout the Contract Documents as if singular in number..,,
§ 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents
shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect.
Consent shall not be unreasonably withheld.
§ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor'architect as to whom I
the Contractor has no reasonable objection and whose status under the Contract Documents shall:be that of thet 1
Architect.
§ 4.2 ADMINISTRATION OF THE CONTRACT
§ 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will
an Owner's representative during construction until the date the Architect issues the final Certificate for Payment.
Architect will have authority to act on behalf of the Owner only to the extent provided in the
Documents.
A
§ 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwrseagreed,,r
with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed,
and to determine in general if the Work observed is being performed in a manner indicating th ( t the Work; when
fully completed, will be in accordance with the Contract Documents. However, the Architect 11 not be required to
make exhaustive or continuous on -site inspections to check the quality or quantity of the WorkLThe Architec .will
not have control over, charge of, or responsibility for, the construction means, methods, tec)rniques, sequences or «
procedures, or for the safety precautions and programs in connection with the Work, since these °are- solely°the °— x °^
Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.
§ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed aboufthe progress and
of the portion of the Work completed, and report to the Owner (1) known deviations from the - Contract
Documents and from the most recent construction schedule submitted by the Contractor, an( (2)4efects and i
deficiencies observed in the Work. The Architect will not be responsible for the Contractors failure to perform the .
Work in accordance with the requirements of the Contract Documents. The Architect will r have control over or
charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, of their agents or
employees, or any other persons or entities performing portions of the Work. 1
AIA Dominant A201' - 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This Are Document is protected by U.B. Copyright Law and International �g
Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it. may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extant possible under the law. This draft was produced by AIA software at 11.00:38 on
11/20/2009 under Order No,9382348541_1 which expirea on 10/06/2010, and is not for resale.
User Notes, (1798919754)
§ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION
Except as otherwise provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about
matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be
through the Architect. Communications by and with Subcontractors and material suppliers shall be through the
Contractor. Communications by and with separate contractors shall be through the Owner. ;- =.
§ 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review
and certify the amounts due the Contractor and will issue Certificates for Payment in such Amounts.
��
§ 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents the- M-- -—�
Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the
Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to
exercise such authority shall give rise to a duty or responsibility of the Architect to the Conlador, Subcontractors,
material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the
Work. 1 1
1
§ 4.2.7 The Architect will review and approve, or take other appropriate action upon,
the C ontractor's submittals
such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract Documents. The Architect's action will be
taken in accordance with the submittal schedule approved by the Architect or, in the absen 4e of an°approved
submittal schedule, with reasonable promptness while allowing sufficient time in the Architectsprofessional_, ,�.� rg :z I
judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the
accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions
installation or performance of equipment or systems, all of which remain the responsibility of the Contractor
required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve The
Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval
of safety precautions or, unless otherwise specifically stated by the Architect, of any constructi'o'n means methods,1
techniques, sequences or procedures. The Architect's approval of a specific item shall not indicates pproval of an
assembly of which the item is a component.
§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize Minor
changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and
recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.
§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and-the date
of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive -and forward the ,'
Owner, for the Owner's review and records, written warranties and related documents requred(by the Contract ntract and
assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant t� Section
9.10. i
1 1
§ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project re ( presentatives to assist in
carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of
such project representatives shall be as set forth in an exhibit to be incorporated in the Contract °Documents:= — ° °::�_�.�
•
§ 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of; them, `
Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests 'N
will be made in writing within any time limits agreed upon or otherwise with reasonable promptness:
§ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable
from, the Contract Documents and will be in writing or in the form of drawings. When makingsuch interpretations
and decisions, the Architect will endeavor to secure faithful performance by both Owner acid Contractor, will not
show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith
§ 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent, with the—intent�.�.�
expressed in the Contract Documents.
AIA Document A201' - 2007. Copyright o 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 2997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International 2 Q
Treaties, Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
§ 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The
Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with
reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and
Specifications in response to the requests for information.
ARTICLE 5 SUBCONTRACTORS 1
§ 5.1 DEFINITIONS
1
§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the
Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as `ingulai n — ='
number and means a Subcontractor or an authorized representative of the Subcontractor. The term .Subcontractor'-u- —=
does not include a separate contractor or subcontractors of a separate contractor. #
§ 5.1.2 A Sub - subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to
perform a portion of the Work at the site. The term "Sub- subcontractor" is referred to through out the Contract
Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub -
subcontractor. 1
§ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 1
§ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, asfsooh as
practicable after award of the Contract, shall furnish in writing to the Owner through the A chitect the names 'o �
ff f �
persons or entities (including those who are to furnish materials or equipment fabricated to a special °design) °-
proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in _ ,_ _ ._E
writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or
entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within ,
the 14 day period shall constitute notice of no reasonable objection. .,- --'#-
§ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or _Arcnit�� =ma e
reasonable and timely objection. The Contractor shall not be required to contract with anyone to whomrthe 1
Contractor has made reasonable objection. -..,,, ,„
§ 5.2,3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Confractor, the „
---
Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the propo'sed,ut ° ,.,
rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall'`,., „
be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order �"'^
shall be issued before commencement of the substitute Subcontractor's Work. However, no increase•in, h , Contract ,.a'
Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively” \ „. ....: "7 ,,,
in submitting names as required. ( .-'""N.
§ 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or/
Architect makes reasonable objection to such substitution. i
§ 5.3 SUBCONTRACTUAL RELATIONS 1 J _
By appropriate agreement, written where legally required for validity, the Contractor shall �” uire each
&
Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound°to-the- Contractor byx terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities,
including the responsibility for safety of the Subcontractor's Work, which the Contractor, by thesebocuments, .a,:,.,
assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protecrifie rights of the R "'Ns.,
Owner and Architect under the Contract Documents with respect to the Work to be performed'by the 'Sub oc ntracr,,, \
so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor unless specifically i
provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redness gainst the \
Contractor that the Contractor, by the Contract Documents, has against the Owner. Where Ippropriate, the I
Contractor shall require each Subcontractor to enter into similar agreements with Sub -subc ntrictors. The 3
Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, i
copies of the Contract Documents to which the Subcontractor will be bound, and, upon wri ten.eq"'° aesToflhe ` """"�'°"""'"'
Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontr
t
Subcontractor,
AIA Document A201' - 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. A11 rights reserved. WARNING: This ALA Document is protected by 0.8. Copyright Law and International ,
Treaties, Unauthorised reproduction or distribution of this AIA Document, or any portion of it. may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Note*,
(1798919754)
be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of
such documents available to their respective proposed Sub- subcontractors.
§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
§ 5.4,1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided
that q i
.1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to
Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the
Subcontractor and Contractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under bon Testing to the -- u._—
Contract. 1 __ - -.l
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and
obligations under the subcontract. L i
L.:,. 3
§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's
compensation shall be equitably adjusted for increases in cost resulting from the suspension. 1
§ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further ) assign the subcontract to a
successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity,
the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations uncle the
1..,......—....i
subcontract.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
§ 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's
own forces, and to award separate contracts in connection with other portions of the Project or other construction �P;¢
operations on the site under Conditions of the Contract identical or substantially similar to these inchif ng those '
portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additio.nal' ost is
t ' {�
involved because of such action by the Owner, the Contractor shall make such Claim as provided >in Article 15:
§6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations. executes '
on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes
each separate Owner - Contractor Agreement. '"�a�,, s
w„
§ 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and,of each ` i
contractor with the Work of the Contractor, who shall cooperate with them. The Contractor s)lall participate with d ,
other separate contractors and the Owner in reviewing their construction schedules. The Contractor hs all make atiy ., -
revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The cons�ti=uctioti
schedules shall then constitute the schedules to be used by the Contractor, separate contrac fors and the Owner until
subsequently revised.
§ 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction, or operations
related to the Project with the Owner's own forces, the Owner shalt be deemed to be subject to the same obligations I
and to have the same rights that apply to the Contractor under the Conditions of the Contract,° including; - without °° . - - . - -- - -- - ---J
excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.
§ 6.2 MUTUAL RESPONSIBILITY ✓" ~te ys •�.. �,�a
§ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity"for introducti and`°
storage of their materials and equipment and performance of their activities, and shall connect and coordinate the \
Contractor's construction and operations with theirs as required by the Contract Documents. \ L
§ 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by
the Owner or a separate contractor, the Contractor shall, prior to proceeding with that porti 4 n of the Work, promptly i
report to the Architect apparent discrepancies or defects in such other construction that wottld rendentiinsuifabl "e" °" "° i
for such proper execution and results. Failure of the Contractor so to report shalt constitute 'an - acknowledgment_that....:
AIA Document A201 - 2007. Copyright a 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: Thin AIA` Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal 2 2
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the
Contractor's Work, except as to defects not then reasonably discoverable.
§ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor
because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be
responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly
timed activities, damage to the Work or defective construction. I
§ 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially
completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5 a...
§ 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are
described for the Contractor in Section 3.14. ! i
§ 6.3 OWNER'S RIGHT TO CLEAN UP >�
If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the
Owner may clean up and the Architect will allocate the cost among those responsible. i
4 i i !
ARTICLE 7 CHANGES IN THE WORK 1
§ 7.1 GENERAL I I t I
§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the' =' m ""_`
Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject tothe„�,,,_ -�,j
limitations stated in this Article 7 and elsewhere in the Contract Documents.
§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction" �
Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the.'' r
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the ContractiDocuments, and the
Contractor shall proceed promptly, unless otherwise provided in the Change Order, Constructio Ch nge>Dir
or order for a minor change in the Work. "� e L
�' ..d
§ 7.2 CHANGE ORDERS `_ ° ° °� � ,1
§ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and ''i
Architect stating their agreement upon all of the following: r -- - ,o- ' ■
.1 The change in the Work; \ . "'
.2 The amount of the adjustment, if any, in the Contract Sum; and ,,0. \ y am '`
r' w.
.3 The extent of the adjustment, if any, in the Contract Time.
8 � .
§ 7.3 CONSTRUCTION CHANGE DIRECTIVES . J
§ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signe by the Ov ner`, and
Architect, directing a change in the Work prior to agreement on adjustment, if any in the Contract Sum or Contract
Time, or both. The Owner may by Construction Change Directive, without invalidating the;Contract order changes rT -1
in the Work within the general scope of the Contract consisting of additions, deletions or other revisions the -x—,u,
Contract Sum and Contract Time being adjusted accordingly.
§ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terns of a Change �� ° N
Order. gyp ,, -,,,
§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be n 1
based on one of the following methods: I ( 1
.1 Mutual acceptance of a lump sum properly itemized and supported by sufficientsubstantiating data to
evaluation;
.2 Unit prices stated in the Contract Documents or subsequently agreed upon;
.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or- —m = ...... .J
percentage fee; or
AIA Document A201' - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING, Tbia AIA` Document is protected by O.S. Copyright Law and International 23
Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11100,38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notess (1798919754)
.4 As provided in Section 7.3.7.
§ 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are materially changed in a proposed Change Order or Construction Change Directive so that
application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or
Contractor, the applicable unit prices shall be equitably adjusted. °_ #
1
§ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed, with the change in
the Work involved and advise the Architect of the Contractor's agreement or disagreement iwith the method, if any,
provided in the Construction Change Directive for determining the proposed adjustment in e Contras[ Sum of ` -- li
Contract Time.
§ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor' s agreement therewith,
including adjustment in Contract Sum and Contract Time or the method for determining them Such agreement shall
be effective immediately and shall be recorded as a Change Order.
§ 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Coat Sum,
the Architect shall determine the method and the adjustment on the basis of reasonable expend tures and savings of
those performing the Work attributable to the change, including, in case of an increase in the Contract Surn, an
amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a
reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep Ind present, in'sucti form
as the Architect may prescribe, an itemized accounting together with appropriate supporting daa:'Unless otherwise'°a`°`T`= �;
provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited lo following: e , m . z �„� ..
.1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits
required by agreement or custom, and workers' compensation insurance;
.2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or �,-
consumed;
.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented.fro thfrt e
Contractor or others;
.4 Costs of premiums for all bonds and insurance, permit fees, and sales, use on stmilar,taxes related t o
the Work; and �.. °., ..,., t
.5 Additional costs of supervision and field office personnel directly attributable to the change.
§ 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a
net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and
credits covering related Work or substitutions are involved in a change, the allowance for overhead shall
be figured on the basis of net increase, if any, with respect to that change. jf
§ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor
may request payment for Work completed under the Construction Change Directive in Applications for Payment.
The Architect will make an interim determination for purposes of monthly certification for ayment for those costs
and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to!be
reasonably justified. The Architect's interim determination of cost shall adjust the ContractiSum on the sajne
as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.
§ 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the •
adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments , such
agreement shall be effective immediately and the Architect will prepare a Change Order. Change 'Orders may be
issued for all or any part of a Construction Change Directive.
7.4 MINOR CHANGES IN THE WORK f 1
The Architect has authority to order minor changes in the Work not involving adjustment i the Contract Sum or
extension of the Contract Time and not inconsistent with the intent of the Contract Documents. ; Such changes will be t
effected by written order signed by the Architect and shall be binding on the Owner and Contractor. t
AIA Document A201' - 2007. Copyright o 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by D.S. Copyright Law and International 24
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and crimiaal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
ARTICLE 8 TIME
§ 8.1 DEFINITIONS
§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in
the Contract Documents for Substantial Completion of the Work.
§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.
§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.
§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically' } I
defined. ! t ,_ >:�...__,....:__, — m n a
1 i
§ 8.2 PROGRESS AND COMPLETION I 1 •
§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By I F xecuting the Agreement
the Contractor confirms that the Contract Time is a reasonable period for performing the Work:
i –
§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in "writing, prematurely
commence operations on the site or elsewhere prior to the effective date of insurance required ley Article 11 to be
furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed byythe
effective date of such insurance. I E
3 1
§ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Silbstantial'COmpletibn"° - "°—"
within the Contract Time._, _.,.,..:. _.
§ 8.3 DELAYS AND EXTENSIONS OF TIME
§ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of
`�.
the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or-by r ..�... "''`�
changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties orothef
beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or
by other causes that the Architect determines may justify delay, then the Contract Time shall be= extended by Change
Order for such reasonable time as the Architect may determine. ('-,..., `"`'d, 1 i
� "'.i'o_
§ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. ""'- t ° <;,,,,
§ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of ���
the Contract Documents. „7/
ARTICLE 9 PAYMENTS AND COMPLETION °""°" * \ d fi '`y
§ 9.1 CONTRACT SUM a r \ V ,'' '
The Contract Sum is stated in the Agreement and, including authorized adjustments, is the ota1 amount payable'by
the Owner to the Contractor for performance of the Work under the Contract Documents. I 1 1
1 (
§ 9.2 SCHEDULE OF VALUES , 1 . _ "Y. _ s_-,.r- .. ,=.yw— �.
Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the
Architect, before the first Application for Payment, a schedule of values allocating the entireeontractSum — to the=° -- °-
various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as
the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis, for - reviewing,
the Contractor's Applications for Payment. .�'' '°=,.,
f' ". "
§ 9.3 APPLICATIONS FOR PAYMENT / i � `' \ �
§ 9.3.1 At l ten days before the date established for each progress payment, the Contractor shall submit to the k 3
Architect an itemized Application for Payment prepared in accordance with the schedule o1 values, if required under i }p
Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by
i
such data substantiating the Contractor's right to payment as the Owner or Architect may squire, such as copies of l l
requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for inThe`ConTract °' i
Documents. ...__. °.,e ,_ . >_n.°I
AIA Docuasat A201 - 2007. Copyright o 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. x11 rights reserved. WARNING: This AIA Document is protected by U.S Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this Atli Document, or any portion of it, may result in severe civil and criminal 25
penaltiea, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10 /06 /2010, and is not for resale.
User Notes: (17989197541
§ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in
the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the
Architect, but not yet included in Change Orders.
§ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the
Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by
others whom the Contractor intends to pay.
§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved m acwance j
by the Owner, payment may similarly be made for materials and equipment suitably stored off the site -at a location ----- I
agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the Ov nerl s title to such
materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable
insurance, storage and transportation to the site for such materials and equipment stored off the } site.
§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment w ill pass to die
no later than the time of payment. The Contractor further warrants that upon submittal of an Application for
Payment all Work for which Certificates for Payment have been previously issued and payments received from the
Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims,
security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other;pers or
entities making a claim by reason of having provided labor, materials and equipment relating to - the °Work.
§ 9.4 CERTIFICATES FOR PAYMENT
§ 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue
to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines'
is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding,. ' �,.•"''
certification in whole or in part as provided in Section 9.5.1.
§ 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect > #oOA
he Owner,
based on the Architect's evaluation of the Work and the data comprising the Application foe Payment, - that, to the 1
best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that I~.
the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to
an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of-..,,
subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion
and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment- wilhfurther
constitute a representation that the Contractor is entitled to payment in the amount certified. However, the )
of a Certificate for Payment will not be a representation that the Architect has (1) made exhaust ve or continuous'on-
site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques(
sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors in suppliers
and other data requested by the Owner to substantiate the Contractor's right to payment, ori(4) made examination to
ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.
§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION - s a
§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extentreasonablynecessary--
to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot
be made. If the Architect is unable to certify payment in the amount of the Application, the Architect,will- notify -the
Contractor and Owner as provided in Section 9.4,1. If the Contractor and Architect cannot agree 6n a revised
amount, the Architect will promptly issue a Certificate for Payment for the amount for which,the Architect is able'to:.,
make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of
subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to 6
such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor i t
is responsible, including loss resulting from acts and omissions described in Section 3.3.2, b cr of
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless "" �"
security acceptable to the Owner is provided by the Contractor; -- - -� �:��K,= �s� • =1
AIA Document A201 - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966. 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal 26
penalties, and will be prosecuted to the maximum extent possible under the law, This draft was produced by .IA software at 11:00;38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equipment;
. 4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5 damage to the Owner or a separate contractor;
.6 reasonable evidence that the Work will not be completed within the Contract Time, and that the
unpaid balance would not be adequate to cover actual or liquidated damagesifor the anticipated delay;
or I I
. 7 repeated failure to carry out the Work in accordance with the Contract Docuinen`ts.
§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for
previously withheld. r —�.�
§ 9.5.3 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option,
issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the
Contractor failed to make payment for Work properly performed or material or equipment s'iiifably delivered. If the
Owner makes payments by joint check, the Owner shall notify the Architect and the Architect ivill reflect such
payment on the next Certificate for Payment.
§ 9.6 PROGRESS PAYMENTS
§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make paymentin the marjner'and
within the time provided in the Contract Documents, and shall so notify the Architect. 1
§ 9.62 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the
Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to
the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate
agreement with each Subcontractor, require each Subcontractor to make payments to Sub - subcontractors in a similar
manner.
§ 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information -regardingpercentages' of
completion or amounts applied for by the Contractor and action taken thereon by the Architectand,Owner on 1
account of portions of the Work done by such Subcontractor.
§ 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly.,pald
Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted
Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact
Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an -'
obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law.'
§ 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner sitctilar to that provided'
in Sections 9.6.2, 9.6.3 and 9.6.4. 1
§ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documnts. 1 9
§ 9,6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum;
payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by
the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under
contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
money to be placed in a separate account and not commingled with money of the Contractor, (hall,cre" "ate any
fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity \
to an award of punitive damages against the Contractor for breach of the requirements of this provision.
§ 9.7 FAILURE OF PAYMENT
If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after J
receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contrlactoi WithiriaTirdaW
after the date established in the Contract Documents the amount certified by the Architect or awarded by.binding.n.,:.. .—.,.J
dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect,
AIA Document A201' - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International 27
Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
Deer Notes: (1798919754)
stop the Work until payment of the amount owing has been received. The Contract Time shall be extended
appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-
down, delay and start -up, plus interest as provided for in the Contract Documents.
§ 9.8 SUBSTANTIAL COMPLETION
§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
is sufficiently complete in accordance with the Contract Documents so that the Owner can acctipy or utilize the
Work for its intended use. � ��'�
§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner'agrees to accept
separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of-x=- •x.
items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
f
§ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or
designated portion thereof is substantially complete. If the Architect's inspection discloses phy whether or not
included on the Contractor's list, which is not sufficiently complete in accordance with the ;Co Documents so
that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Con acto
shall, before issuance of the Certificate of Substantial Completion, complete or correct sucl�ij item upon no ification
by the Architect. In such case, the Contractor shall then submit a request for another inspection the Ar hitect to
determine Substantial Completion.
§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect tyill,preparea _..,.a.__:,.,:..
Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish
responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and �,,�`'`
insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the„,..----'' . .„
Certificate. Warranties required by the Contract Documents shall commence on the date of SubstantialC omleion,,,,. --`'
of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial'Completion.
§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contra ctof`fpr written n
acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and'consent`of suretty, ifj .
any, the Owner shall make payment of retainage applying to such Work or designated portion thereof -. . payment
shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Docu en,,,_nts.'� - " R .,
§ 9.9 PARTIAL OCCUPANCY OR USE '..
§ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work,at- any.stage when ,,,,,,,
such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consentedr 1
to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jufisdiction oyer`[he ,,-, --
Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided'
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,/''
retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in(
writing concerning the period for correction of the Work and commencement of warranties required by the Contract
Documents. When the Contractor considers a portion substantially complete, the Contracto; shall prepare and' .__ __ - -
submit a list to the Architect as provided under Section 9,8.2. Consent of the Contractor to partial occupancy or use
shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by-written agreement ---
-_
between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
§ 9.9,2 Immediately prior to such partial occupancy or use the Owner, Contractor and Architect.shaointly inspect `ma
the area to be occupied or portion of the Work to be used in order to determine and record the`condition of the — Nr._,
Work. { ' , °
1 r
t
§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of t Work shall not
constitute acceptance of Work not complying with the requirements of the Contract Docu � nts'. 1
§ 9.10 FINAL COMPLETION AND FINAL PAYMENT / — " — `"""" "' /
§ 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance._... - -- .1
and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the
Ala Document A201' - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: Thio AIA' Document is protected by U.S.. Copyright Law and International ,l 8
Treaties, Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes, (1798919754)
Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect
will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information
and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will
constitute a further representation that conditions listed in Section 9.10.2 as precedent to the °Contractor's being
entitled to final payment have been fulfilled. t 1
I1
§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits
to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other iridebtedness'connected� °°ss'' „1
with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts - ------I
withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the
Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed
to expire until at least 30 days' prior written notice has been given to the Owner, (3) a writs n s tement that the
Contractor knows of no substantial reason that the insurance will not be renewable to cover the required by
the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data
establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security
interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by,Te
Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, thelCo4tractor � furnish a
bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfedtafter
payments are made, the Contractor shall refund to the Owner all money that the Owner may be!compelled to pay in
discharging such lien, including all costs and reasonable attorneys' fees. 1
§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault
of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the I Owner shall, upon application by the Contractor and certification by the Architect, and without terminating th^''�
Contract, make payment of the balance due for that portion of the Work fully completed and accepted).the°'-
remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract ,`1
Documents, and if bonds have been furnished, the written consent of surety to payment of the1ance :du� that1
portion of the Work fully completed and accepted shall be submitted by the Contractor to tie Afe'gtect prior to
certification of such payment. Such payment shall be made under terms and conditions governing f na 'payment, ,
except that it shall not constitute a waiver of claims. ""4.., ` ' ° " t 1
§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from �'
.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; �`
.2 failure of the Work to comply with the requirements of the Contract Documents; or-- ..
.3 terms of special warranties required by the Contract Documents. 7
§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material suppliers 1 constitute •
waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
t he time of final Application for Payment. 1 (
4 1
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 1 31L _ i
§ 10.1 SAFETY PRECAUTIONS AND PROGRAMS 1
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions °and °programs --- - -°
in connection with the performance of the Contract.
§ 10.2 SAFETY OF PERSONS AND PROPERTY � * 4
§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reaso bl e•pi•ote t
prevent damage, injury or loss to '\
.1 employees on the Work and other persons who may be affected thereby; ( t 1
.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site, under care, custody or control of the Contractor or the Contractor's Subonttractors or Sub- ' 1
;
subcontractors; and t ,
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, wa p avements; "'�—' "'` i
roadways, structures and utilities not designated for removal, relocation or rgplacementin .the.course-.:.-_-.1
of construction.
AIA Document A201' - 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Arch /tante. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International - 47
reaties. Unauthorised reproduction or distribution of thin AIA Document. or any portion of it, may result in severe civil and criminal
penalties, and will be proaecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes, (1798919754)
§ 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their
protection from damage, injury or loss.
§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent sites and utiliti6s. i I
§ 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unasual methods ai e "
necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under — • = =Y� ==
supervision of properly qualified personnel.
§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss f 'nsured under property
insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 aand'10.2.1.3 caused in
whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, or anyone directly or'indirectly employed
by any of them, or by anyone for whose acts they may be liable and for which the Contractor is'responsib1e under
Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or
anyone directly or indirectly employed by either of them, or by anyone for whose acts either ofsthem maybe liable,
and not attributable to the fault or negligence of the Contractor. The foregoing obligations df th Contractor al in
addition to the Contractor's obligations under Section 3.18.
§ 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the esite whoseduty_____ _I
shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise
designated by the Contractor in writing to the Owner and Architect. ,,,
§ 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to causedamag'` or ,,,,,,.�'°'
create an unsafe condition.�,,_� ° ` -r
If either party suffers injury or damage to person or property because of an act or omission of•ihe other party, or of
others for whose acts such party is legally responsible, written notice of such injury or damage, .whether or not L,,,,
insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice `may.
shall provide sufficient detail to enable the other party to investigate the matter. �'-
§ 10.3 HAZARDOUS MATERIALS "a, A
§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the C Doc ,, -0'`
regarding hazardous materials. If the Contractor encounters a hazardous material or substance not a' ddcessedin the ,"
Contract Documents and if reasonable precautions will be inadequate to prevent foreseeabl= bodily injury deatly'
to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl
(PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately
stop Work in the affected area and report the condition to the Owner and Architect in writing. i
§ 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the servicesiof a licensed laboratory s s I
to verify the presence or absence of the material or substance reported by the Contractor and, in the event such ° ° = f - -- - ---- 4
. material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the .
Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications
of persons or entities who are to perform tests verifying the presence or absence of such material` or substae or .�
substance ''`
who are to perform the task of removal or safe containment of such material or substance. Tl}e Contractor and tie
Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the N
persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity l I
proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no
reasonable objection. When the material or substance has been rendered harmless, Work inthe , affected area shall
resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be • t
extended appropriately and the Contract Sum shall be increased in the amount of the Contractor reasona6le'�" "'
s
additional costs of shut -down, delay and start -up. it == =•�- __,
AIA Document A201 - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by O.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal 210
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Not .., (1798919754}
§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,
Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against
claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from
performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction }of tangible property
(other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence
of the party seeking indemnity.
1 1 p
§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Conttracfor'lniings >, `s#
to the site unless such materials or substances are required by the Contract Documents. The Owner =shall -bewm- ---1
responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's
fault or negligence in the use and handling of such materials or substances. t
}
§ 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of
a material or substance the Contractor brings to the site and negligently handles, or (2) where - the Contractor fails to
perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner'
fault or negligence. 1 }
§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by/a. governmentagency for
the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the
Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby I
§ 10.4 EMERGENCIES
In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to
prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor' ,}
on account of an emergency shall be determined as provided in Article 15 and Article 7.
r
ARTICLE 11 INSURANCE AND BONDS
§ 11.1 CONTRACTOR'S LIABILITY INSURANCE 1 � }
§ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully- authori'zed.to do
business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims t ,
set forth below which may arise out of or result from the Contractor's operations and completed operations '`^-‘,.
the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by'4
a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of
them may be Iiable:
.1 Claims under workers' compensation, disability benefit and other similar empl6yee benefit acts that,'
are applicable to the Work to be performed;
.2 Claims for damages because of bodily injury, occupational sickness or dise a e, or death of the �,;.
Contractor's employees; f ��''°
.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than
the Contractor's employees;
.4 Claims for damages insured by usual personal injury liability coverage;
.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
.6 Claims for damages because of bodily injury, death of a person or property damage arising out of
ownership, maintenance or use of a motor ehicle; __.a�• --� , ry
•
.7 Claims for bodily injury or property damage arising out of completed operations; tid _
.8 Claims involving contractual liability insurance applicable to the Contractor's :obligatio s u_ nder '`-,
Section 3.18.
§ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than Limits o l
f iability specified in the
Contract Documents or required by law, whichever coverage is greater. Coverages, whethef written on an
occurrence or claims -made basis, shall be maintained without interruption from the date of con)mencement of the }
Work until the date of final payment and termination of any coverage required to be maintained aftei finalpaymerif
and, with respect to the Contractor's completed operations coverage, until the expiration ofithe- period- .fon- correction,;—,a... -_J
ALA Document A201' - 2007. Copyright a 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This ALA' Document is protected by U.S. Copyright Law and International 3 1
Treatise. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent poeeibie under the law. This draft was produced by AIA software at 11:00,38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010. and i8 not for resale.
Vier Metals: (1798919754)
of Work or for such other period for maintenance of completed operations coverage as specified in the Contract
Documents.
§ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of
the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the
insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An
additional certificate evidencing continuation of liability coverage, including coverage for completed operations,
shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal
or replacement of such coverage until the expiration of the time required by Section 11.1.2.;Infoririation concerning �� e'�
reduction of coverage on account of revised limits or claims paid under the General Aggregate, both, shall be
furnished by the Contractor with reasonable promptness.
i I
§ 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include
(1) the Owner, the Architect and the Architect's consultants as additional insureds for claims caused in whole or in
part by the Contractor's negligent acts or omissions during the Contractor's operations; and, (2)ithe Owner as an
additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the
Contractor's completed operations.
§ 11.2 OWNER'S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner's usual liability nsurance.
§ 11.3 PROPERTY INSURANCE
§ 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's-°`
risk "all- risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract
Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at
the site on a replacement cost basis without optional deductibles. Such property insurance shall be.maintained,i
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all p e " r s o n ss and °en[ ties wl;o
are beneficiaries of such insurance, until final payment has been made as provided in Section 9.40,or until no person
or entity other than the Owner has an insurable interest in the property required by this Section -] 1.3 to be= covered,
whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontraciors•agd Sub-
subcontractors in the Project.
§ 11.3.1.1 Property insurance shall be on an "all- risk" or equivalent policy form and shall include, without limitation,
insurance against the perils of fire (with extended coverage) and physical loss or damage including, - without
duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, fats 'ork,
testing and startup, temporary buildings and debris removal including demolition occasioned by,enforeement ;.
applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's
and expenses required as a result of such insured loss.
§ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of
the coverages in the amount described above, the Owner shall so inform the Contractor in w riting prior to �_ w �
commencement of the Work. The Contractor may then effect insurance that will protect the interests of the
Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost- thereof - - -
shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or
maintain insurance as described above, without so notifying the Contractor in writing, then the Owwner.shall °bear =all
reasonable costs properly attributable thereto.
/
§ 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such
deductibles.
l
§ 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work I
in transit._._,
§ 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the.insurance company--__J companies providing property insurance have consented to such partial occupancy or use by endorsement or
AIA Document A201 - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This ALA' Document is protected by U.S, Copyright Law and International 3 Z
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it,. may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
would cause cancellation, lapse or reduction of insurance.
§ 11.3.2 BOILER AND MACHINERY INSURANCE
The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by
law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner;
this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work,
and the Owner and Contractor shall be named insureds.
§ 11.3.3 LOSS OF USE INSURANCE
The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss
of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action
against the Contractor for loss of use of the Owner's property, including consequential loss6 due to fire or other
hazards however caused.
§ 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or oilier'
special causes of loss be included in the property insurance policy, the Owner shalt, if possible, include such 1
insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order.:
y ;
§ 11.3.5 If during the Project construction period the Owner insures properties, real or personal er both, at'or adjacent
to the site by property insurance under policies separate from those insuring the Project, or if after final payment
property insurance is to be provided on the completed Project through a policy or policies dtherahan those insuring
the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section
11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate
policies shall provide this waiver of subrogation by endorsement or otherwise.
§ 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each`policy,.that
includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable 1
conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision
that the policy will not be canceled or allowed to expire, and that its limits will not be reduced,,until t least 30 da s'
prior written notice has been given to the Contractor. `' w, l
§ 11.3.7 WAIVERS OF SUBROGATION
The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-
subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate "
contractors described in Article 6, if any, and any of their subcontractors, sub - subcontractors ents and employees,'
for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant
this Section 11.3 or other property insurance applicable to the Work, except such rights as theyfiave to proceeds of °~
such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the r te'
Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -
subcontractors, agents and employees of any of them, by appropriate agreements, written Aere legally required for
validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of
subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even
though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay
the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the
property damaged.
§ 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner ac fiduciary and made-,
payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requiiments of any
applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of
insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for
validity, shall require Subcontractors to make payments to their Sub - subcontractors in similar rpanner.
I 3
§ 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insuredloss,
give bond for proper performance of the Owner's duties. The cost of required bonds shall be, charged against
proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the
AIA Document A201 - 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International 3 3
Treaties. Unauthorized reproduction or diatribution of this AIA" Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User liotose (1798919754)
Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in
accordance with the method of binding dispute resolution selected in the Agreement between the Owner and
Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for
convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change
in the Work in accordance with Article 7.
§ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in
interest shall object in writing within five days after occurrence of loss to the Owner's exeroiseof this power; if such
objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method
of binding dispute resolution in the Agreement. If the Owner and Contractor have selected larbitrafion ass the met;lad
of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the.case of a- dispute= m
over distribution of insurance proceeds, in accordance with the directions of the arbitrators.'
§ 11.4 PERFORMANCE BOND AND PAYMENT BOND
§ 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of
the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically
required in the Contract Documents on the date of execution of the Contract. B 1 ., . t
i
§ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bones covering payment
of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall
authorize a copy to be furnished. L _ _
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 1 __— __.d :M__-=__j
§ 12.1 UNCOVERING OF WORK
§ 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically ',
expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the .,..,�•`
Architect's examination and be replaced at the Contractor's expense without change in the Contract Time"
§ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to,.exlini prior
to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If sueh
Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate I
Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such I,,,
costs and the cost of correction shall be at the Contractor's expense unless the condition was caused byte Owner or '--,.,
a separate contractor in which event the Owner shall be responsible for payment of such costs. °` •:
'
§ 12.2 CORRECTION OF WORK ,�.
§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION `\ „'-
The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements,o�,✓
the Contract Documents, whether discovered before or after Substantial Completion and whether or not fijbricated/
installed or completed. Costs of correcting such rejected Work, including additional testindand inspections, thercost
of uncovering and replacement, and compensation for the Architect's services and expenses made necessary (
thereby, shall be at the Contractor's expense. 3 L
§ 12.2.2 AFTER SUBSTANTIAL COMPLETION !
§ 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year afterthe date•of —= ----
Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties
established under Section 9.9.1, or by terms of an applicable special warranty required by the ContraatDocuments,.
any of the Work is found to be not in accordance with the requirements of the Contract Document's, the Contractor e,„
shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has`pceviously '"-..
given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after L ``a
discovery of the condition. During the one -year period for correction of Work, if the Owneffails to notify the 1
Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require
correction by the Contractor and to make a claim for breach of warranty. If the Contractor failsito correct
nonconforming Work within a reasonable time during that period after receipt of notice froth the Owner or 1 I
Architect, the Owner may correct it in accordance with Section 2.4. I
AIA Document A201' - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by D.S. Copyright Law and International 34
Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1796919754)
§ 12.2.2.2 The one -year period for correction of Work shall be extended with respect to portions of Work first
performed after Substantial Completion by the period of time between Substantial Completion and the actual
completion of that portion of the Work.
§ 12.2.2.3 The one -year period for correction of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Section 12.2.
§ 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the
requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner.
§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or>-- -=.J
partially completed, of the Owner or separate contractors caused by the Contractor's correction'or removal of Work
that is not in accordance with the requirements of the Contract Documents. I
§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of li its #ion with respect to
other obligations the Contractor has under the Contract Documents. Establishment of the one=year period for
correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct
the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents
may be sought to be enforced, nor to the time within which proceedings may be commenced to.establish tthe
Contractor's liability with respect to the Contractor's obligations other than specifically to corr the Work. 1
1 I 1
§ 12.3 ACCEPTANCE OF NONCONFORMING WORK ; ".." `��..,..m 1
If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the _ __.
Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as
appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ,,,,..''`
.--'''
ARTICLE 13 MISCELLANEOUS PROVISIONS'''
§ 13.1 GOVERNING LAW �''
The Contract shall be governed by the law of the place where the Project is located except th at; if the part h ave I
selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act sshalT govern Section 1
15.4. % „i
§ 13.2 SUCCESSORS AND ASSIGNS .4 ` °°4 ,...
a
§ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal '°:,, „,`° j
representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided
in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the ;,
other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain
legally responsible for all obligations under the Contract. / t���•,r"'�
§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction
financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents.
The Contractor shall execute all consents reasonably required to facilitate such assignment.' 1 1 A
1 L ,, �a
§ 13.3 WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual, -to a member of the -----
firm or entity, or to an officer of the corporation for which it was intended; or if delivered at,.or sent by registered or
certified mail or by courier service providing proof of delivery to, the last business address kn?wn to the party u.,,,, ,+
giving notice. °” > ..M �',
§ 13.4 RIGHTS AND REMEDIES t
§ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedie available thereunder g
shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available
by law. 1 1 9
r 3 1 i
§ 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of aright or duty ",._ ' i
afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a .:..;,,a_J
breach there under, except as may be specifically agreed in writing.
AIA Document A201' - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARN/NG: This AIA' Document is protected by U.S. Copyright Law and International 3 5
Treaties, Unauthorized reproduction or distribution of this AIA Document, or any portion of it. may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes, (17989197541
§ 13.5 TESTS AND INSPECTIONS
§ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract
Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public
authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and
approvals with an independent testing laboratory or entity acceptable to the Owner, or withthe appropriate public
authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect
timely notice of when and where tests and inspections are to be made so that the Architect maybe present for such
procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not beoome bu requirements until _
�� �
after bids are received or negotiations concluded, and (2) tests, inspections or approvals where bmtdi ng co�es'oi �
applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. .,k =-�-- - - -- ---_ -� - ,
I ,
§ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additihli testing, inspection
or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice"to' the Architect of
when and where tests and inspections are to be made so that the Architect may be present fir such proce c ures. Such
costs, except as provided in Section 13.5.3, shall be at the Owner's expense. 3 f
§ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13 5.2 r reveal ail ure of the
por of the Work to comply with requirements established by the Contract Documents, f all costs madenecessary
by such failure including those of repeated procedures and compensation for the Architect' S services' and' expenses'�°"��"°°°�
shall be at the Contractor's expense.;a ..
§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract
Documents, be secured by the Contractor and promptly delivered to the Architect. ---'''�
§ 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Do : nts, the
Architect will do so promptly and, where practicable, at the normal place of testing.
§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly toPavoid
unreasonable delay in the Work. i
x
§ 13.6 INTEREST -*'` °<..,
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate
as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from- time.t_o time at '
the place where the Project is located. N ,n ".
§ 13.7 TIME LIMITS ON CLAIMS
The Owner and Contractor shall commence all claims and causes of action, whether in con ("/"---.'\\
ct, tort, breach of/
or otherwise, against the other arising out of or related to the Contract in accordance with the requirements
of the f dispute resolution method selected in the Agreement within the time period specified by applicable law,
but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and
Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
§ 14.1 TERMINATION BY THE CONTRACTOR � }e3
§ 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days ' '�,
thro no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any °<,,
other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for
any of the following reasons: 1
.1 Issuance of an order of a court or other public authority having jurisdiction t at > equires all Work to
be stopped; 1
1
.2 An act of government, such as a declaration of national emergency that requires all Work to be I
stopped;
AIA Document A201' - 2007. Copyright 0 1911, 1915, 1918. 1925, 1937, . 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal 3 6
penalties, and will be prosecuted to the maximum extent possible under the law, This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10 /06/2010, and is not for resale.
User Note.: (1798919754)
.3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of
the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not
made payment on a Certificate for Payment within the time stated in the Contract Documents; or
. 4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable
evidence as required by Section 2.2.1.
§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor,
Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work
under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work
by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the totaf number of
days scheduled for completion, or 120 days in any 365 -day period, whichever is less. i�-- ••a.. - •- _ -� -_•- •.n- ___
§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days'
written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work
executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages.
§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a
Subcontractor or their agents or employees or any other persons performing portions of theWork under contract
with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract
Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional
days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided
in Section 14.1.3.
1
§ 14.2 TERMINATION BY THE OWNER FOR CAUSE
§ 14.2.1 The Owner may terminate the Contract if the Contractor
. 1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; l
.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors;
. 3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regu� ns,; -or la fill
orders of a public authority; or 3 = 1
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
§ 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that,.
sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner
after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of
the Contractor and may, subject to any prior rights of the surety:
.1 Exclude the Contractor from the site and take possession of all materials, equi inent, tools,
construction equipment and machinery thereon owned by the Contractor; /
. 2 Accept assignment of subcontracts pursuant to Section 5.4; and ' '1
.3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written/
request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs
incurred by the Owner in finishing the Work. !
§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.°°
§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for.,
the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not
expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balancir;.
the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or;Owner, as the case '\�
may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall
survive termination of the Contract. 1 1 I
§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE t J
§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt The
whole or in part for such period of time as the Owner may determine. _ _ . -
AMA Document A201" - 2007. Copyright a 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING, This AIA' Document is protected by U.S. Copyright Law and International
Treaties. Unauthorized reproduction or distribution of this AIA Document. or any portion of it, may result in severe civil and criminal 37
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11,00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and in not for resale.
User Notes: (1798919754)
§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by
suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include
profit. No adjustment shall be made to the extent
.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause
for which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied under another provision of the Contract.
§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE I
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause.
i
§ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience the - - - - _ <-- --
Contractor shall
.1 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, for the protection and reservation of the Work;
and
.3 except for Work directed to be performed prior to the effective date of termination stated in the
notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts
and purchase orders. i + 1
§ 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitlf d to recei ie 4yment
for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on
the Work not executed. g "
t""'Im°®` L` .- �'
ARTICLE 15 CLAIMS AND DISPUTES
§ 15.1 CLAIMS �,,;.,�"
§ 15.1.1 DEFINITION ...- --
A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, mother
relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and.ma1ers in —. ,
question between the Owner and Contractor arising out of or relating to the Contract. The responsibility's t
substantiate Claims shall rest with the party making the Claim.
§ 15.1.2 NOTICE OF CLAIMS.
., .
Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial,,, v `
Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. '--..,,
Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or
within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever. islater. ,
§ 15.1.3 CONTINUING CONTRACT PERFORMANCE 1 7 * "`N r
-
Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article
14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents, The Architect will prepare Change Orders and issue (
Certificates for Payment in accordance with the decisions of the Initial Decision Maker. i i i 1
3 j
§ 15.1.4 CLAIMS FOR ADDITIONAL COST
If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice'as= provided - herein shall - "v- ----'
• be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency
endangering life or property arising under Section 10.4. ,., ,
§ 15.1.5 CLAIMS FOR ADDITIONAL TIME ,,ss ,...-- — ; \
§ 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, wr�t as provided
herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on 9
progress of the Work. In the case of a continuing delay, only one Claim is necessary. I i 3
I
§ 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such glaim, shall be I
documented by data substantiating that weather conditions were abnormal for the period oftrme, could nol5have
been reasonably anticipated and had an adverse effect on the scheduled construction.: — -- --
AIA Document A201" - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. all rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International 3
Treaties, Unauthorized reproduction or distribution of this SIP,' Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes. {1798919754)
§ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to
this Contract. This mutual waiver includes •
.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productivity or of the services of
such persons; and
.2 damages incurred by the Contractor for principal office expenses including th e compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit
except anticipated profit arising directly from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to eilher - --
in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of
liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
§ 15.2 INITIAL DECISION
§ 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shalltlreferred to the Initial
Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, finless otherwise
indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial Recision shall be
required as a condition precedent to mediation of any Claim arising prior to the date final pitynient is due,luni 30
days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been
rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not 'decide
disputes between the Contractor and persons or entities other than the Owner. �'°
§ 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or
more of the following actions: (1) request additional supporting data from the claimant or a response with supporting
data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise;`" 1
or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Mker a''"'
lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludesJt,.in the
Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker toresolve thei
Claim.
§ 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult t with or seek
information from either party or from persons with special knowledge or expertise who may assist the Initial
Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of-'
such persons at the Owner's expense.
§ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional
supporting data, such party shall respond, within ten days after receipt of such request, and hall N pipo,ids a ,°''
response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting
data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon /
receipt of the response or supporting data, if any, the Initial Decision Maker will either reject off' approve the Claim
in whole or in part. I 1
1 _
§ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that.
the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in- writing; °(2)
reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision
Maker, of any change in the Contract Suin or Contract Time or both. The initial decision shall be finahand.binding.
on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding,,
dispute resolution. .-
§ 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1.
§ 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in %s riti>1g that the other party
file for mediation within 60 days of the initial decision. If such a demand is made and the party the
demand fails to file for mediation within the time required, then both parties waive their rights fo meat b oi puffs "ue
binding dispute resolution proceedings with respect to the initial decision.
Aix Document A201 - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American institute of Architects. All rights reserved. WARNINat This AIA Document is protected by. D.S. Copyright Law and International 219
Treaties. Unauthorised reproduction or distribution of this AIAl. Document, or any portion of it, may result in severe civil and criminal
penalties, end will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11,00 ;38 on
11/20/2009 under Order No.9382348541 1 which expires on 10/06/2010, and is not for reaale.
Deer Notes: (1798919754)
§ 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner
may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy.
§ 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in
accordance with applicable law to comply with the lien notice or filing deadlines.
§ 15.3 MEDIATION
§ 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Coi:tradt except those ryg
waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a con ition precedent �'
to binding dispute resolution. -
§ 15.3.2 The P arties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree �
otherwise, shall be administered by the American Arbitration Association in accordance with it's Construction
Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in
writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation.
The request may be made concurrently with the filing of binding dispute resolution proceeding but, in suchevent,
mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending a
mediation for a period of 60 days from the date of filing, unless stayed for a longer period I y agreement of the
parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties mayinonethele$s proceed
to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
§ 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediattogshall be in the
place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
§ 15.4 ARBITRATION
§ 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in th Agfeement,.any
Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unles parties utualfy
agree otherwise, shall be administered by the American Arbitration Association in accordance wits Construction
Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made•in writing,
delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The
party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party'on.,�4""° >�"
which arbitration is permitted to be demanded. * ��
§ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based'"
on the Claim would be barred by the applicable statute of limitations. For statute of limitations p poses, receipt`of a
written demand for arbitration by the person or entity administering the arbitration shall constitute the in s \itution of
legal or equitable proceedings based on the Claim. j
§ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may beientered upon it in
accordance with applicable law in any court having jurisdiction thereof.
§ 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional - person or entity=- -= °-
duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court
having jurisdiction thereof.
§ 15.4.4 CONSOLIDATION OR JOINDER
§ 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under Agreement with any
other arbitration to which it is a party provided that (1) the arbitration agreement governingtthe arbitration
permits consolidation, (2) the arbitrations to be consolidated substantially involve commonquestions of law or fact,
and (3) the arbitrations employ materially similar procedural rules and methods for selecting ar
i § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities subs m a
common question of law or fact whose presence is required if complete relief is to be accordecLin.arbitration,.. — . _j
provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an
AZA Document A201' - 2007. Copyright ° 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970. 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International 4 O
Treaties. Unauthorised reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal
penalties. and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11:00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes( ?17989197541
additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question
not described in the written consent.
§ 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under
this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
Contractor under this Agreement. ;
3
E 3
I--;
S )
E
j 1 ! F
1
E_
4 i
�,, _� stc.Z,,a
.
r V ,
t
( R i
1
( i i
1
E i
(
3 s
Is I
k 3
AIA Document A201' - 2007. Copyright 0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International 4 1
Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 11 :00:38 on
11/20/2009 under Order No.9382348541_1 which expires on 10/06/2010, and is not for resale.
User Notes: (1798919754)
EXHIBIT "C"
Federally Required and other Model Contract Clauses 2
1. DRUG AND ALCOHOL TESTING
49 U.S.C. A5331
49 CFR Parts 653 and 654
Applicability to contracts
The Drug and Alcohol testing provisions apply to Operational Service Contracts.
Flow Down Requirements
Anyone who performs a safety - sensitive function for the City of Port Arthur or subrecipient is
required to comply with 49 CFR 653 and 654, unless the contract is for maintenance services.
Maintenance contractors for non - urbanized area formula program grantees are not subject to
the rules. Also, the rules do not apply to maintenance subcontractors.
Model Clause /Language
Introduction
FTA's drug and alcohol rules, 49 CFR 653 and 654, respectively, are unique among the
regulations issued by FTA. First, they require the City of Port Arthur to ensure that any entity
performing a safety- sensitive function on the City of Port Arthur's behalf (usually subrecipients
and/or contractors) implement a complex drug and alcohol testing program that complies with
Parts 653 and 654. Second, the rules condition the receipt of certain kinds of FTA funding on the
City of Port Arthur's compliance with the rules; thus, the City of Port Arthur is not in
compliance with the rules unless every entity that performs a safety- sensitive function on the
City of Port Arthur's behalf is in compliance with the rules. Third, the rules do not specify how
a City of Port Arthur ensures that its subrecipients and/or contractors comply with them.
Drug and Alcohol Testing
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its
compliance with Parts 653 and 654, and permit any authorized representative of the United
States Department of Transportation or its operating administrations, the State Oversight
Agency of Texas, or the City of Port Arthur, to inspect the facilities and records associated with
the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653
and 654 and review the testing process. The contractor agrees further to certify annually its
compliance with Parts 653 and 654 before (insert date) and to submit the Management
Information System (MIS) reports before (insert date before March 15) to (insert title and
address of person responsible for receiving information). To certify compliance the contractor
shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and
Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is
published annually in the Federal Register. The Contractor agrees further to [Select a, b, or c] (a)
submit before (insert date or upon request) a copy of the Policy Statement developed to
implement its drug and alcohol testing program; OR (b) adopt (insert title of the Policy
Statement the recipient wishes the contractor to use) as its policy statement as required under 49
CFR 653 and 654; OR (c) submit for review and approval before (insert date or upon request) a
copy of its Policy Statement developed to implement its drug and alcohol testing program. In
addition, the contractor agrees to: (to be determined by the recipient, but may address areas
such as: the selection of the certified laboratory, substance abuse professional, or Medical
Review Officer, or the use of a consortium).
Federally Required and other Model Contract Clauses 3
2. FLY AMERICA REQUIREMENTS
49 USC § 40118
41 CFR Part 301 -10
Applicability to Contracts
The Fly America requirements apply to the transportation of persons or property, by air,
between a place in the U.S. and a place outside the U.S., or between places outside the U.S.,
when the FTA will participate in the costs of such air transportation. Transportation on a
foreign air carrier is permissible when provided by a foreign air carrier under a code share
agreement when the ticket identifies the U.S. air carrier's designator code and flight number.
Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air
transportation agreement to which the U.S. Government and a foreign government are parties
and which the Federal DOT has determined meets the requirements of the Fly America Act.
Flow Down Requirements
The Fly America requirements flow down from FTA recipients and subrecipients to first tier
contractors, who are responsible for ensuring that lower tier contractors and subcontractors are
in compliance.
Model Clause /Language
The relevant statutes and regulations do not mandate any specified clause or language. FTA
proposes the following language.
Fly America Requirements - The Contractor agrees to comply with 49 USC § 40118 (the "Fly
America" Act) in accordance with the General Services Administration's regulations at 41 CFR
Part 301 -10, which provide that recipients and subrecipients of Federal funds and their
contractors are required to use U.S. Flag air carriers for U.S. Government - financed international
air travel and transportation of their personal effects or property, to the extent such service is
available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate
certification or memorandum adequately explaining why service by a U.S. flag air carrier was
not available or why it was necessary to use a foreign air carrier and shall, in any event, provide
a certificate of compliance with the Fly America requirements. The Contractor agrees to include
the requirements of this section in all subcontracts that may involve international air
transportation.
3. BUY AMERICA REQUIREMENTS
49 USC § 5323(j)
49 CFR Part 661
Applicability to Contracts
The Buy America requirements apply to the following types of contracts: Construction
Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000).
Flow Down
The Buy America requirements flow down from FTA recipients and subrecipients to first tier
contractors, who are responsible for ensuring that lower tier contractors and subcontractors are
in compliance.
Federally Required and other Model Contract Clauses 4
Mandatory Clause / Language
The Buy America regulation, at 49 CFR § 661.13, requires notification of the Buy America
requirements in FTA- funded contracts, but does not specify the language to be used. The
following language has been developed by FTA.
Buy America - The contractor agrees to comply with 49 USC § 5323(j) and 49 CFR Part 661.,
which provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in FTA- funded projects are produced in the United States, unless a waiver has
been granted by FTA or the product is subject to a general waiver. General waivers are listed in
49 CFR § 661.7, and include final assembly in the United States for 15 passenger vans and 15
passenger wagons produced by Chrysler Corporation, microcomputer equipment, software,
and small purchases (currently less than $100,000) made with capital, operating, or planning
funds. Separate requirements for rolling stock are set out at 53230)(2)(C) and 49 CFR § 661.11.
Rolling stock not subject to a general waiver must be manufactured in the United States and
have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids on FTA- funded contracts, except those subject to a general waiver. Bids or
offers that are not accompanied by a completed Buy America certification must be rejected as
non - responsive. This requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 IISC § 5323(j)(1)
The bidder or offeror hereby certifies that it will meet the requirements of 49 USC § 5323(j)(1)
and the applicable regulations in 49 CFR Part 661.
Date December 20, 2013
Signature
Company Name
McInnis Construction,Inc.,
Title President
Certificate of Non - Compliance with 49 USC § 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 USC §
5323(j)(1), but it may qualify for an exception pursuant to 49 USC § 5323(j)(2)(B) or (j)(2)(D) and
the regulations in 49 CFR § 661.7.
Date
Signature
Company Name
Federally Required and other Model Contract Clauses 5
Title
Certification requirement for procurement of buses, other rolling stock and associated
equipment.
Certificate of Compliance with 49 USC § 5323(j)(2)
The bidder or offeror hereby certifies that it will comply with the requirements of 49 USC §
5323(j)(2)(C) and the regulations at 49 CFR Part 661.
Date Dece er 20, 2013
Signature e )6 ■�
Company Name McInnis Construction, Inc.,
Title President
Cerhfrcate of Non - Compliance with 49 USC § 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 USC §
5323(j)(2)(C), but may qualify for an exception pursuant to 49 USC § 5323(j)(2)(B) or (j)(2)(D) and
the regulations in 49 CFR § 661.7.
Date
Signature
Company Name
Title
4. CHARTER BUS REQUIREMENTS
49 USC § 5323(d)
49 CFR Part 604
Applicability to Contracts
The Charter Bus requirements apply to the following type of contract: Operational Service
Contracts.
Flow Down Requirements
The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier
service contractors.
Model Clause / Language
The relevant statutes and regulations do not mandate any specific clause or language. The
following clause has been developed by FTA.
Federally Required and other Model Contract Clauses
Charter Service Operations - The contractor agrees to comply with 49 USC § 5323(d) and 49 CFR
Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from
providing charter service using federally funded equipment or facilities if there is at least one
private charter operator willing and able to provide the service, except under one of the
exceptions at 49 CFR § 604.9. Any charter service provided under one of the exceptions must be
"incidental," i.e., it must not interfere with or detract from the provision of mass transportation.
5. SCHOOL BUS REQUIREMENTS
49 USC § 5323(F)
49 CFR Part 605
Applicability to Contracts
The School Bus requirements apply to the following type of contract: Operational Service
Contracts.
Flow Down Requirements
The School Bus requirements flow down from FTA recipients and subrecipients to first tier
service contractors.
Model Clause/ Language
The relevant statutes and regulations do not mandate any specific clause or language. The
following clause has been developed by FTA.
School Bus Operations - Pursuant to 69 USC § 5323(f) and 49 CFR Part 605, recipients and
subrecipients of FTA assistance may not engage in school bus operations exclusively for the
transportation of students and school personnel in competition with private school bus
operators unless qualified under specified exemptions. When operating exclusive school bus
service under an allowable exemption, recipients and subrecipients may not use federally
funded equipment, vehicles, or facilities.
6. CARGO PREFERENCE REQUIREMENTS
46 USC § 1241
46 CFR Part 381
Applicability to Contracts
The Cargo Preference requirements apply to all contracts involving equipment, materials, or
commodities that may be transported by ocean vessels.
Flow Down
The Cargo Preference requirements apply to all subcontracts when the subcontract may be
involved with the transport of equipment, material, or commodities by ocean vessel.
Model Clause /Language
The MARAD regulations at 46 CFR § 381.7 contain suggested contract clauses. The following
language is proffered by FTA.
Federally Required and other Model Contract Clauses 7
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately
owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the
extent such vessels are available at fair and reasonable rates for United States -Flag commercial
vessels; b. to furnish within 20 working days following the date of loading for shipments
originating within the United States or within 30 working days following the date of leading for
shipments originating outside the United States, a legible copy of a rated, "on -board"
commercial ocean bill -of - lading in English for each shipment of cargo described in the
preceding paragraph to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the
contractor in the case of a subcontractor's bill-of- lading.) c. to include these requirements in all
subcontracts issued pursuant to this contract when the subcontract may involve the transport of
equipment, material, or commodities by ocean vessel.
7. SEISMIC SAFETY REQUIREMENTS
42 USC § 7701 et seq. 49
CFR Part 41
Applicability to Contracts
The Seismic Safety requirements apply only to contracts for the construction of new buildings
or additions to existing buildings.
Flow Down
The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier
contractors to assure compliance, with the applicable building standards for Seismic Safety,
including the work performed by all subcontractors.
Model Clauses/ Language
The regulations do not provide suggested language for third-party contract clauses. The
following language has been developed by FTA.
Seismic Safety - The contractor agrees that any new building or addition to an existing building
will be designed and constructed in accordance with the standards for Seismic Safety required
in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to
compliance to the extent required by the regulation. The contractor also agrees to ensure that all
work performed under this contract including work performed by a subcontractor is in
compliance with the standards required by the Seismic Safety Regulations and the certification
of compliance issued on the project.
8. ENERGY CONSERVATION REQUIREMENTS
42 USC § 6321 et seq.
49 CFR Part 18
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Federally Required and other Model Contract Clauses 8
Flow Down
The Energy Conservation requirements extend to all third party contractors and their contracts
at every tier and subrecipients and their subagreements at every tier.
Model Clause/ Language
No specific clause is recommended in the regulations because the Energy Conservation
requirements are so dependent on the state energy conservation plan. The following language
has been developed by FTA.
Energy Conservation - The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
9. CLEAN WATER REQUIREMENTS
33 USC § 1251
Applicability to Contracts
The Clean Water requirements apply to each contract and subcontract which exceeds $100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.
Model Clause /Language
While no mandatory clause is contained in the Federal Water Pollution Control Act, as
amended, the following language developed by FTA contains all the mandatory requirements.
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC §
1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
10. BUS TESTING
49 USC § 5323(c)
49 CFR Part 665
Applicability to Contracts
The Bus Testing requirements pertain only to the acquisition of Rolling Stock /Turnkey.
Flow Down
The Bus Testing requirements should not flow down, except to the turnkey contractor as stated
in Master Agreement.
Model Clause /Language
Federally Required and other Model Contract Clauses 9
Clause and language therein are merely suggested. 49 CFR Part 665 does not contain specific
language to be included in third party contracts but does contain requirements applicable to
subrecipients and third party contractors. Bus Testing Certification and language therein are
merely suggested.
Bus Testing - The Contractor [Manufacturer] agrees to comply with 49 USC § A 5323(c) and
FTA's implementing regulation at 49 CFR Part 665 and shall perform the following:
1) A manufacturer of a new bus model or a bus produced with a major change in components
or configuration shall provide a copy of the final test report to the recipient at a point in the
procurement process specified by the recipient which will be prior to the recipient's final
acceptance of the first vehicle.
2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the
operator of the testing facility that the report is available to the public.
3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold
should have the identical configuration and major components as the vehide in the test report,
which must be provided to the recipient prior to recipient's final acceptance of the first vehicle.
If the configuration or components are not identical, the manufacturer shall provide a
description of the change and the manufacturer's basis for concluding that it is not a major
change requiring additional testing.
4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass
transit service in the United States before October 1, 1988, and is currently being produced
without a major change in configuration or components), the manufacturer shall provide the
name and address of the recipient of such a vehicle and the details of that vehicle's
configuration and major components.
CERTIFICATION OF COMPLIANCE WITH FTA's BUS TESTING REQUIREMENTS
The undersigned [Contractor /Manufacturer] certifies that the vehicle offered in this
procurement complies with 49 USC § A 5323(c) and FTA's implementing regulation at 49 CFR
Part 665.
The undersigned understands that misrepresenting the testing status of a vehicle acquired with
Federal financial assistance may subject the undersigned to civil penalties as outlined in the
Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31.
In addition, the undersigned understands that FTA may suspend or debar a manufacturer
under the procedures in 49 CFR Part 29.
Date: ' December 20, 2013
Signature: pi\
Company Name: McInnis Construction, Inc.
Title: President
Federally Required and other Model Contract Clauses 10
11. PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS
49 USC § 5323
49 CFR Part 663
Applicability to Contracts
These requirements apply only to the acquisition of Rolling Stock /Turnkey.
Flow Down
These requirements should not flow down, except to the turnkey contractor as stated in Master
Agreement.
Model Clause/ Language
• Clause and language therein are merely suggested. 49 CFR Part 663 does not contain
specific language to be included in third party contracts but does contain requirements
applicable to subrecipients and third party contractors.
• Buy America certification is mandated under FTA regulation, "Pre -Award and Post -
Delivery Audits of Rolling Stock Purchases," 49 CFR § 663.13.
• Specific language for the Buy America certification is mandated by FTA regulation,
"Buy America Requirements — Surface Transportation Assistance Act of 1982, as amended,"
49 CFR § 661.12, but has been modified to include FTA's Buy America requirements codified at
49 USC § A 53230).
Pre -Award and Post-Delivery Audit Requirements - The Contractor agrees to comply with 49
USC § 5323(1) and FTA's implementing regulation at 49 CFR Part 663 and to submit the
following certifications:
(1) Buy America Requirements: The Contractor shall complete and submit a dedaration
certifying either compliance or noncompliance with Buy America. If the Bidder /Offeror certifies
compliance with Buy America, it shall submit documentation which lists 1) component and
subcomponent parts of the rolling stock to be purchased identified by manufacturer of the
parts, their country of origin and costs; and 2) the location of the final assembly point for the
rolling stock, including a description of the activities that will take place at the final assembly
point and the cost of final assembly.
(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be
capable of meeting the bid specifications.
(3) Federal Motor Vehicle Safety Standards ( FMVSS): The Contractor shall submit 1)
manufacturer's FMVSS self - certification sticker information that the vehicle complies with
relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be
subject to FMVSS regulations.
BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS