MUNICIPAL SERVICES/PUBLIC SAFETY/POLICE COMPLEX
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Agreement Between 0Nner and General Contractor
City of Oearwater, Rorida
CLEAIM'A TER CnY SERVICES CENTER
Municipal Services/Public Safe1y and Police Complex
Augustl5,1994
DONNELL CONSULTANTS INCORPORATED
In assocIatton with
RONE AAO-IIlEClS
INCORPORATED
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o (). 2 I Ci - D{) (I)
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AGREEMENT BETWEEN
OWNER AND GENERAL CONTRACTOR
THIS AGREEMENT
made thL?1~ay of August 1994. between the CITY OF CLEARWATER (hereinafter called the
"Owner") and CREATIVE/BEERS. a Joint Venture. GENERAL CONTRACTOR (hereinafter called the
"GCi. for services In connection with the following described Project:
Oearwater City Services Center (Municipal Services/Public Safety and Pollee Complex -
See attached exhibit C)
. New 70.lXXl GSF City OffIce Building on "Bllgore Site-
. Renovations and Code Up-dates to existing City Hall Building
. New 83.lXXl GSF Police Headquarters Building on Existing Headquarters Site
. Demolition of Existing Pollee Building
. New 5CX) Car City Parking Garage on above site
The PROJECT MANAGEMENT CONSULTANT/ARCHITECT/ENGINEER (hereinafter called the 'PMC/AE")
for the Project Is Donnell Consultants Incorporated in association with Rowe Architects Incorporated,
100 Madison Street. SUite 200. Tampa, Florida 33602.
The Owner and the GC agree as set forth below and in more detail on the GC's bid form (attached
as exhibit E). for the under noted fixed lump sum amounts.
1)
2)
3)
Pre-Construction Fee
Construction Stage Fee
General Conditions of Contract Lump Sum
(Article 7.5 herein shall govern. The breakdown within
attached Exhibit E shall not limit Article 7.5 requirements.)
Performance and Payment Bond
($ 15.000.lXXl Construction Cost)
$15,250
$492,729
$799,877
4)
$86,500
TOTAL
$ 1.394.356
Deduct Alternates:
(The alternates as quoted hereinafter shall be at the Owner's election at
the completion of the Preconstructlon Phase services as described herein.)
Delete the 83.000 GSF Police Headquarters Building
1)
2)
Construction Stage Fee
General Conditions of Contract Lump Sum
($ 179,900)
($245,257)
3)
(Article 7.5 herein shall govern. The breakdown within
attached Exhibit E shall not limit Article 7.5 requirements.)
Performance and Payment Bond
($33,195)
($458 ,352)
TOTAL DEDUCT
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ARTICLE 1
The DeslQn-Constructlon Team and Extent of AQreement
1. r The GC agrees to fumlsh Its best skill and judgement and to cooperate with the PMC/ AE In
furthering the Interests of the Owner. The GC agrees to fumlsh efficient business administration and
superintendence and to use Its best efforts to complete the Project in an expeditious and
economical manner consistent with the Interests of the Owner.
1.2 The Design-Construction Team: The Owner. the PMC/ AE. and the GC (the "Design-
Construction Teamj will work as a team through construction completion. The GC shall direct and
manage construction. The PMC/AE will direct and manage design.
1.3 Extent of Agreement: This agreement Is complementary to the Drawings and Specifications,
SUpplemental Conditions and the General Conditions of the Contract (A201-1987) and together
with them. represent the entire agreement between the Owner and GC and supersedes all prior
negotiations. representations or agreements. Where this Agreement Is expressly In conflict with the
General Conditions of the Contract. this Agreement will prevail. Where this Agreement Is silent, the
General Conditions of the Contract. the SUpplemental Conditions and the requirements of the
Drawings and Specifications will prevail. This Agreement may be amended only by written
Instrument signed by the Owner. the PMC/ AE and the GC.
ARTICLE 2
General Contractor's Basic Services
2.0 The GC's Basic Services under this Agreement Include Preconstructlon Phase Services and
Construction Phase Services and General Conditions Lump SUm.
2.1 The Preconstruction Phase: The GC shall:
2.1.1 After receipt of Phase I Bids and prior to commencement of construction. provide ten copies
of a Preconstruction Report which shall Include a Guaranteed Maximum Price (GMP) proposal
together with a confirmation of scope of the project. The report shall Include a complete discussion
and summary of the services provided In accordance with Subparagraphs 2.1.2 through 2.1.8 herein
below. an updated project design-construction schedule and a detailed cost estimate supporting
the GMP.
2.1.2 Actively participate In an Initial briefing and "partnerlng" meeting established and
conducted by the PMC/ AE. Subsequent team meetings shall be scheduled by the PMC/ AE at
minimum two week Intervals thereafter throughout the design-construction phases of the project.
2.1.3 Provide Initial broad confirmation of feasibility of the City's preliminary budget for the City
Office Building. the Renovation of the existing City Hall. the Police Headquarters Building and the
City Parking Garage.
2.1.4 Participate in the development of the Schematic Design by advising on site use and
Improvements. selection of materials. building systems and equipment and methods of Project
delivery. Provide recommendations on relative feasibility of construction methods. availability of
materials and labor. time requirements for procurement. Installation and construction and factors
related to cost Including. but not limited to. costs of altematlve designs of structural systems. exterior
skin elements. materials. preliminary budgets and possible economies.
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2.1.5 Provide for the PMC/AE's and the Owner's review and acceptance. a Project Schedule that
coordinates and Integrates the GC's services. the PMC/ AE'S services and the Owner's responsibilities
with anticipated cOnstruction schedules. The GC shall update this schedule periodically. as
required.
2.1.6 Develop a conceptual cost model estimate of the projects four principal buildings to
compare with the PMC/AE generated cost plan. ThIs cost model shall be required In two formats:
(elemental) format (see exhibit F Included herein) and also typical (trade) format. Meet with
PMC/ AE to reconcile any differentials and revise accordingly. Present final estimate for the Owner's
approval.
2.1.7 Coordinate Preconstructlon Phase I Contract Documents as outlined In the Approved
Schedule by consulting with the Owner and the PMC/ AE regarding Drawings and Specifications as
they are being prepared. and recommending alternative solutions whenever design details affect
COnstruction feasibility. cost or schedules.
2.1.7.1 Advise on the separation of the Project Into various categories of Work. If separate contracts
are to be awarded by the Owner, review the Drawings and Specifications and make
recommendations as required to provide that (1) the Work of the separate contractors Is
coordinated with that of the Trade Contractors, (2) all requirements for the Project have been
assigned to the appropriate separate contract. (3) the likelihood of jurisdictional disputes have been
minimized. and (4) proper coordination has been provided for phased COnstruction.
2. 1.7.2 Develop a detailed Project COnstruction Schedule for all four buildings providing for aU major
elements such as phasing of Construction and times of commencement and completion required of
. each trade Contractor. Develop a plan for the phasing of COnstruction.
2. 1.7.3 Establish a schedule for the purChase or materials and equipment requiring long lead time
procurement. and coordinate the schedule with the early preparation of portions of the Contract
Documents by the PMC/ AE. expedite and coordinate delivery of these purchases.
2.1.7.4 Prepare for the Owner's and the PMC/ AE's approval a detailed estimate of Construction
Cost. as defined In Article 8 herein. for each Design-Construction Phase of the project as shown In
the approved Project Schedule (Article 2.1.5).
2.1.7.5 Provide an analysis of the types and quantities of labor required for the Project and review
the availability of approprlate categories of labor required for critical phases. Develop bidding
packages designed to minimize adverse effects of labor shortages.
2.1.7.6 Make recommendations for pre-quallflcatlon criteria for bidders and develop bidders'
Interest In the Project. establish bidding schedules.
2.1.8 Based upon Drawings and Specifications produced by the PMC/ AE. develop a Guaranteed
Maximum PrIce proposal. including Project COnstruction Schedule. itemized by Trade Contract, for
phases of Work as required by the Owner. .
2.1.8.1 If the GMP proposal and confirmation of scope Is accepted by the PMC/ AE and the Owner.
It wHl become an Amendment to this Agreement which will establish the GMP. Contract TIme. and
liquidated damages for the Work.
2.1.8.2 If the GMP proposal and confirmation of scope Is not accepted by the PMC/ AE and Owner.
the Owner shall so notify the GC In writing. If a scope acceptable to the PMC/ AE and the Owner is
not developed. negotiations may be terminated. and the Owner may Initiate negotiations with
another firm.
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2.2 The Construction Phn.c:A,
Unless otherwise author2ed by the Owner. all permanent construction for the Work shall be
performed under Trade Contracts held by the GC. The GC shall not bid on any of the Trade
Contractor Work or perform such Work with Its own forces without the prior written consent of the
PMC/ AE. and the Owner. The GC shall:
2.2.1 Administer the construction phase as provided herein and In the Conditions of the Contract.
which Indude the following: the 1987 Edition of AlA Document A201 General Conditions of the
Contract for Construction. and the SUpplemental Conditions.
2.2.1.1 Terms used In the General Conditions of the Contract shall have the following meanings:
.1 "Contractor" means General Contractor (GC) and the terms will be used Interchangeably;
.2 "SUbcontractor" means Trade Contractor. and the terms will be used Interchangeably; and,
.3 "Contract Sum" means Guaranteed Maximum Price. and the terms will be used
Interchangeably.
.4 "Architect" or "ArChitect/Engineer" means Project Management
Consultant/ ArchltectlEnglneer and the terms will be used Interchangeably.
2.2.2 Commence the Work within 10 days after receipt of the Notice to Proceed from the Owner.
2.2.3 Develop Trade Contractor Interest In the Project and conduct pre-bid conferences with
Interested bidders to review the documents and take competitive bids on the Work of the various
Trade Contractors: or. If authorized by the Owner In writing. negotiate for the performance of that
Work. The GC may require bidders to submit bid bonds or other bid security acceptable to the GC
as a prerequisite to bidding on the Work. Analyze and evaluate with the PMC/ AE the results of the
various bids and their relationship to budgeted and estimated amounts. and prepare for review with
the Owner and PMC/ AE a bid tabulation analysis and such other support data as necessary to
properly compare the various bids and their responsiveness to the desired scope of Work.
Specifically. review the scope of Work In detail with apparent low and best bidders and attempt to
achieve additional savings through negotiation whenever practical. Maintain records of all pre-
award Interviews with apparent low bidders. Promptly award and execute Trade Contracts with
approved Trade Contractors. Provide copies of fully executed Trade Contracts. Insurance
certificates. and.. If required. bonds to the Owner and the PMC/AE.
2.2.4 Manage. schedule and coordinate aU construction Work. Including the Work of the Trade
Contractors. and coordinate the Work with the activities and responsibilities of the Owner. PMC/ AE
and GC In order to complete the Project In accordance with the Owner's objectives 'of cost. time
and quality. Develop and maintain a program. acceptable to the Owner and PMCI AE. to assure
quality control of the construction. Supervise the Work of all subcontractors provldlr;'lg Instructions to
each when Its Work does not conform to the requirements of the plans and specifications and
continue to manage each subcontractor to ensure that corrections are made In a timely manner so
as to not affect the efficient progress of the work. Should disagreement occur ~tween the GC and
the PMC/ AE over acceptability of Work and conformance with the requirements of the
specifications and plans. the Owner shaN be the final judge of performance and acceptability.
2.2.5 Maintain exclusively for this Project a competent fuU-t1me staff at the Project site to
coordinate and direct the Work and progress of the Trade Contractors on the Project. AU of the GC
on-site management and supervisory personnel shall be consistent with the bid proposal and shall
not be removed or replaced without the PMC/ AE and the Owner's consent which shall not be
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unreasonably withheld. On-slte staff to be provided on a full-tIme basis will be identified as an Exhibit
attached hereto. The Owner and the PMC/AE shall have the right to direct the GC to remove or
replace anyon-site personnel whose performance becomes unsatisfactory to the Owner or
PMCI AE. In such event, the GC shall promptly replace such personnel. without consideration of
additional compensation for the replacement. The Owner shall not deal directly with the GC's
superintendents. shaH not direct the work of the GCls employees. shall not be responsible for the
manner In which the work Is performed and shall not be responsible for the safety of the work.
2.2.5.1 EstabUsh on-site organization and lines of authority In order to carry out the overall plans of
the Deslgn-Constructlon Team. Identify an on-site staff member to represent the GC. on a daily
basis. with authority to negotiate change orders and contract modifications on behalf of the GC.
Make available such executive personnel as necessary to execute change orders or other contract
modifications on behalf of the GC so as not to delay the progress of the Work.
2.2.6 Establish procedures for coordination among the Owner. PMC/AE. Trade Contractors and
GC with respect to all aspects of the Work. Implement such procedures. Incorporate them Into a
project resource manual. and distribute manuals to the Design-Construction Team.
2.2.6.1 Require of the various Trade Contractors such Coordination Drawings as may be necessary
to properly coordinate the Work among the Trade Contractors.
2.2.6.2 In coordination with the PMC/ AE. establish and Implement procedures for tracking and
expediting the process of shop drawings and samples. as required by the General Conditions of the
Contract.
2.2.7 Attend weekly Design-Constructlon Team meetings scheduled and conducted by the
PMC/ AE. Report on progress of the construction. update of schedule. bidding of phases. any
problems needing resolution on any other matters which may affect the goals of the project.
2.2.7.1 Schedule and conduct weekly progress meetings with Trade Contractors to review such
matters as job procedures. construction progress. schedule. Shop drawings status and other
Information as necessary. Provide prior notice to Owner and PMC/AE of all such meetings. and
prepare and distribute minutes.
2.2.8 Review the schedule with the various Trade Contractors and review. or expand. the level of
detail to Incorporate specific Trade Contractor Input consistent with the overall completion
requirements. Regularly monitoring and update the Project Schedule and various sutrnetworks as
construction progresses. Identify potential variances between scheduled and probable completion
dates. Review schedule for Work not started. or Incomplete. and make adjustments In the schedule
to meet the scheduled completion date. Provide summary reports of each monitoring and
document all changes In schedule. Regular schedule updates and reporting shall be Included as
part of the weekly project report outlined In SUbparagraph 2.2.16 herein. Display the current Project
Schedule In the on-site office; review at progress meetings.
2.2.9 Determine the adequacy of the Trade Contractors' personnel and equipment. and the
availability of materials and supplies to meet the schedule. In consultation with the Owner and the
PMC/ AE. develop and Implement an action plan for necessary corrective actions when
requirements of a Trade Contract or a Trade Contract Schedule are not being met.
2.2.10 Whenever Owner-Fumlshed Contractor-lnstaHed (QFCI) materials or equipment are shipped
to the Project site. the GC shall notify the Owner and shaH be responsible for their acceptance.
proper storage, and incorporation Into the Work provided the scope of the Owner-Fumlshed
Contractor-Installed (OFCI) work Is Included with the Guaranteed Maximum Price.
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2.2. 11 Develop and maintain an effective system of Project cost control which Is satisfactory to the
PMC/ AE and the Owner. Revise and refine the InttIaIIy approved Project Construction budget.
Incorporate approved changes as they occur. and develop cash flow reports and forecasts as
needed. ldenttfy variances between actual and budgeted or estimated costs and advise Owner
and PMC/ AE whenever projected costs exceed budgets or estimates. Cost Control reports shall be
Included as part of the project report outlined In Subparagraph 2.2.16 herein.
2.2.12 The GC shaH maintain a system of accounting consistent with generaHy accepted
accounting principles. The GC shall preserve aU accounting records for a period of four (4) years
after final acceptance of the Work. The Owner shall have access to all such accounting records at
any time during the performance of the Work and for a period of four (4) years after final
acceptance of the Work.
2.2.13 When requested by the Owner or PMC/AE. promptly prepare and submit estimates of
probable cost for changes proposed In the Work Including similar estimates from the Trade
Contractors. If directed by the Owner or PMC/ AE. promptly secure formal written Change Order
Proposals from such Trade Contractors.
2.2.14 Be responsible for Initiating. maintaining and supervising effective safety programs and
require similar programs of the Trade Contractors. The OSHA guidelines shall serve as the basis for
the construction safety program.
2.2.14.1 Promptly notify the Owner and the PMC/AE. In writing. upon receMng notice of filing of any
charge of no~ompllance from OSHA. or upon receMng notification that a federal or state
Inspector shall visit or Is visiting the Project site.
2.2.14.2 At progress meetings with Trade Contractors. conduct a review of job safety and accident
prevention. and prepare minutes of such meetings that will be available to the Owner's
Representative on request.
2.2.15 Make provisions for Project security acceptable to the PMC/AE and the Owner. to protect
the Project site and materials stored off-site against theft. vandalism. fire and accidents. etc. as
required by job and location conditions. Moblle equipment and operable equipment at the site.
and hazardous parts of new construction subject to mischief. shall be locked or otherwise made
Inoperable or protected when unattended.
2.2.16 Record the progress of the Project. Subject written monthly progress reports to the Owner
and the PMC/ AE Including Information on the Trade Contractors' Work. the percentage of
completion. current estimating. computerized updated monthly Critical Path Method scheduling
and project accounting reports. Including Estimated Time to Completion and Estimated Cost to
complete. Keep a dally log available to the Owner and the PMC/AE. Report and record such
additional Information related to construction as may be requested by the PMC/ AE and the Owner.
2.2. 17 The GC shall be responsible for the removal. encapsulation. transportation and disposal Of
any hazardous materlal.lncludlng..wIthout limitation. any asbestos or asbestos-related products as
may be required In connection with the Work. Hazardous material. described by federal guidelines
brought by the GC or the Trade Contractors shall remain their responsibility for proper disposal. Any
hazardous material not specifically shown on the documents shall be considered a concealed
condition and may be the responsibility of the GC In a Change Order increasing the Guaranteed
MaxImum PrIce for any additional costs Incurred.
2.2.18 The GC shall perform Work for the Project as described In the design documents prepared
by the PMC/ AE.
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ARTICLE 3
Additional Services
3.1 Under the mutual agreement of the Owner and the PMC/ AE. and upon written authorization
from the Owner. the GC shaU provide additional services which are beyond the scope of the Basic
Services described In Article 2 herein. The GC shall be compensated for such additional services a
fee to be negotiated by the Owner. PMC/AE and the GC at the time of the additional service
request. The PMC/ AE Is not authorized to request the GC to perform additional services. The GC
shall not perform and will not be compensated for any additional services unless previously
authorized In writing by the Owner and the PMC/ AE.
ARTICLE 4
Owner's Responsibilities
4.1 The Owner shall designate a representative to act In Its behalf. This representative. or his/her
designee will monitor the progress of the Work. serve as liaison with the GC and the PMC/ AE.
receive and process communications and paperwork. and to represent the Owner In the day-to-
day conduct of the Project. The GC will be notified In writing of the representative and of his/her
designee or any changes thereto.
4.2 The Owner may retain a threshold Inspector. If required by Chapter 553. Florida Statutes.
4.3 The Owner shall review and approve or take other appropriate action on the GC's
preconstructlon dellverables within 10 calendar days of receipt.
4.4 During the construction phase. communications shall be made as described in
SUbparagraph 4.2.4 of the General Conditions.
ARTICLE 5
Schedule
5.1 Preconstructlon Phase
5,1.1 The GC shall submit the lcx:l% Schematic Design Document/Phase I Bid Report and
Guaranteed Maximum PrIce Proposal within 10 calendar days after the Schematic Design
Documents/Phase I Bids hove been received by the GC.
5.2 The number of days for performance of the Work under the construction phase of this
Agreement shall be established in the amendment to this Agreement which makes the final
adjustment to the Guaranteed Maximum Price and confirms the scope.
5.3 The Owner shall have the right to occupy. or use. any portion of the Work ahead of
schedule. If use or occupancy ahead of schedule affects the Cost of the Project or the schedule for
the Work. the use or occupancy will be treated as a Change to the Work In accordance with Article
9. herein.
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ARTICLE 6
Guaranteed Maximum PrIce
6.1 The "Guaranteed Maximum Price" (GMP) Includes Cost of the Work required by the Contract
Documents as defined In article 8 herein. and the GC's fee and General Conditions Lump Sum as
defined In Paragraph 7.2 herein. The GMPforthe Work as described In Subparagraph 2.2.18. shall
be established at the completion of the Schematic DesIgn DocumentslPhase I Bld Documents and
receipt of Phase I BIds. The GMP Is subject to modification for changes In the Work as provided In
ArtIcle 9. herein.
6.1.1 The CNlner recognizes that the design documents may exceed the Owner's budget. The
Owner agrees that the Owner and PMC/ AE will cooperate with the GC In value engineering to
ensure that the scope of work Is within the GMP.
6.1.2 If the GMP together with the other cost of the Project exceed the budget established by the
Clearwater City commission. the PMC/ AE and the Owner's Project Manager shall make appropriate
recommendations for Commission approval.
6.2 The GMP will only Include those taxes In the Cost of the Work which are legally enacted at
the time the GMP Is established.
6.3 All cost savings for the GMP shall be returned to the Owner as part of the net aggregate
savings established when final accounting Is submitted upon Final Completion of the Work. "Cost
Savings" are the net difference obtained by deducting from the GMP. the GC's Fee. the General
Conditions Lump Sum. the expended portions of the GC contingency and the actual expenditures
representing the Cost of the Work os defined In Article 8. herein. Liquidated damages. If any. are
different from. and are not apart of . this calculation.
6.4 By execution of this Agreement. the GC certifies that all factual unit costs supporting the fees
specified In this agreement are accurate. complete and current at the time of negotiations; and
that any other factual unit costs that may be furnished the PMC/ AE and the Owner In the Mure to
support any additional fees that may be authorized will also be accurate and complete. The fees
specified In this agreement and any additional fees that may be authorized In the Mure shall be
adjusted to exclude any significant sums which the PMC/ AE and the Owner determines the fee was
Increased due to Inaccurate. incomplete. or non-current factual unit costs.
6.5 Adjustments to the GMP will be made as described In the Conditions of the Contract.
ARTICLE 7
Payments to GC
7.1 In consideration of the performance of the agreement. the Owner agrees to pay the GC. as
compensation for Its services os set forth below.
7.1.1. Upon receipt of the Notice to Proceed. the GC shall begin providing the indemnification
described In Paragraph 3.18 of the General Conditions of the Contract. The GC aCknowledges that
ten dollars ($10.00) has been Included In the fee proposal for preconstruction services for the
purpose of providing Indemnification. and Is a part of the fee established for the first phose of
preconstructlon services.
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7.1.2 Upon acceptance of the GMP. the amount established In the GMP Amendment to this
Agreement. which Includes GC fee. the General Conditions Lump Sum and the Cost of the Work.
shall be paid monthly as described In the General Conditions of the Contract.
7.1.2.1 As required by the Owner, within seven working days from receipt of payment from the
Owner. the GC shall pay each Trade Contractor out of the amount paid to the GC on account of
such trade Contractor's Work. the amount to which said Trade Contractor Is entitled reflecting the
percentage actually retained, If any. from payments to the GC on account of said Trade
Contractor's Work. The GC shall. by appropriate agreement with each Trade Contractor. require
each Trade Contractor to make payments to Its subcontractors In a similar manner.
7.1.3 If a warrant In payment of an Invoice Is not mailed by the Owner within thirty (30) days after
receipt of a proper Invoice and receipt. Inspection and approval of the services. by the PMC/ AE.
the Owner sholl pay to the GC. In addition to the amount of the Invoice. Interest at a rate of one
percent per month or portion thereof on the unpaid balance thirty days from the expiration of such
30 day period unto such time as the warrant Is mailed to GC. These prOvisions apply only to
undisputed amounts for which payment has been authorized. Invoices or pay requests returned to
the GC due to preparation errors wHI result In a payment delay. Payment requirements do not start
until a property completed pay request Is provided to and approved by the Owner and the
PMC/AE.
7.2 Included In the GC's Fee for both Preconstructlon and Construction are the following:
7.2.1 The cost of Its home or branch office employees or consultants not at the Project site.
Including the cost of all pension contributions. hospitalization. bonus. vacations. medical Insurance
assessments or taxes for such Items as unemployment compensation and social security. payroll
Insurance. and taxes attributable to wages and salaries and other company overhead expenses for
. sold home office employees.
7.2.2 General operating expenses of the GC's principal and branch offices other than the field
office.
7.2.3 Any part of the GC's capital expenses. including interest on the GC capital employed for the
Work.
7.2.4 Overhead and profit. or general expenses of any kind. except as may be expressly included
in Article 8. herein. as Cost of the Work.
7.2.5 All trovel and per diem costs of GC's employees and consultants.
7.2.6 The cost of estimating services which may be required during the construction phase.
7.2.7 All costs incurred during the guarantee period after construction.
7.3 Adjustments In the fee will be made as follows:
7.3.1 Adjustments due to Changes In the Work shall be made as described In the General and
Supplemental Conditions of the Contract.
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7.3.2 The GC shall not be entitled to any claim for damages on account of hindrances or
delays In construction from any cause whatsoever unless occasioned by any act of God. or by
any act or omission on the part of the Owner or the PMC/ AE. Such act. hindrance or delay may
entitle the GC to an extension of time In which to complete the work. provided that the GC
gives notice In wrttIng of the cause of such act, hindrance or delay within ten days after Its
occurrence to the Owner and the PMC/ AE. This paragraph shall Include but not be limited to
any actions which result In delays In scheduling. substantial changes In scope of work or
substantial Increases n the costs of performing the work under this Agreement (See Article 8.3.1
of A201 General Conditions).
7 A Invoices for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and post audit thereof.
7.4.1 Prior to final payment. the GC must provide to the PMC/AE and the Owner. those items
listed In Article 9.10.2 of the General Conditions. These Items are conditions precedent to final
payment. The Owner may wfthhokj amounts It deems necessary to cover any claims of which it
has been notified of trade contractors. materialmen. suppliers. or others from final payment to
the GC. (See Article 9.10.2 of A201 General Conditions.)
7.5 Included In the GC's General Conditions Lump SUm shall be the following:
Beyond the following cost Items. only trade sub-contractors costs shall be considered and these
Inclusive of all necessary Incidentals. labor. materials. equipment. rentals. etc. for the execution
of their particular trade.
7.5.1 The cost of Its field employees identified In SUbparagraph 2.25 herein. or their approved
replacements. Including the cost of all pension. contributions. hospitalization. bonuses.
vacations, medical assessments or taxes for such Items as unemployment compensation.
workmen's compensation. and social security. payroll Insurance. and taxes attributable to wages
and salaries for said field employees.
7.5. 1. 1 Supervision and Staffing Costs: Project manager. general superintendent; assistant
superintendents; project engineer; field englneer(s); watchman or site security services and
secretary(s).
7.5.2 Set Up and Mobilization Costs: Layout personnel. transits and survey equipment;
architect's temporary office; contractor's temporary offices; servicing all offices; job signs;
temporary office supplies and equipment. Cost of equipment such as typewriters. cameras.
radios. computers. pagers. copiers. facsimile equipment. dictating units. trollers. vehicles and
furniture purchased or rented by the GC.
7.5.3 Temporary Services and Operating Costs: Telephone. fax and long distance; site security;
site fencing and protection; safety act provisions; safety and first ald.; electrical power and
distribution; toUets; drinking water and Ice; barricades at floor perimeters and openings; street
and pedestrian barricades; ladders and stairs; water; project progress meeting and reports.
7.5.4 Trash Removal. etc. Costs: Trash chutes; trash removals and dumpster ch~rges not
Included In trade contracts. weekly cleanup; final cleanup and cleaning glass. Interiors and
exteriors.
7.5.5 Equipment. etc.. Costs: Protection of permanent elevators for temporary use; personnel
vehicles. fuel and associated expenses; miscellaneous equipment rentals; small tools allowance;
radio communication equipment.
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7.5.6 Miscellaneous Costs: Monthly progress photographs; CPM schedule and monitoring; bidding
and advertising costs and expenses; as-bullt drawings.
7.5.7 Insurance will be provided as required by the SUpplemental Conditions of the Contract. (See
exhibit B.)
ARTICLE 8
Cost of the Work
8.1 The term .Cost of the Work. shall mean costs excluding General Conditions costs. Incurred in
the Work as described and defined In Paragraph 8.2. below. and paid or Incurred by the GC less
any reimbursement for scrap value and cash or trade discounts. subject to Article 10. herein. The
term "wages. used herein shall Include the straight time and overtime pay and the cost of
associated employee benefits. Employee benefits Include. but are not limited to. unemployment
compensation. social security. compensated absences. and other mandatory and customary
contributions and fringe benefits Insofar as such costs are based on wages. salaries. or other
remuneration paid to employees of the GC.
8.1. 1 Cost of the Work Includes and Is limited to actual expenditure for the following cost Items:
8.2.1 Subject to prior approval by the PMC/AE and the Owner. wages paid for labor in the direct
employ of the GC other than those provided under Paragraph 7.2. herein. as a part of the GC's fee
In the performance of the Work under applicable collective bargaining agreements. or under a
salary or wage schedule agreed upon by the PMC/ AE and the Owner and GC. and Including such
welfare or other benefits. If any. as may be payable with respect thereto.
8.2.2 The cost of aH materials. supplies and equipment Incorporated in the Work or stored on site,
Including cost of transportation and storage thereof shall be Included In the Cost of the Work. At the
Owner's sole discretion. the Owner may make payment for materials. supplies and/or equipment
stored off-site.
8.2.3 Payments made by the GC to Trade Contractors for their Work performed pursuant to Trade
Contracts with the GC.
8.2.4 Cost of the premiums for all Insurance or bonds Including Trade Contractor bonds which the
GC Is required to procure by this Agreement. or other Insurance or bonds subsequently deemed
necessary by the GC. and agreed upon by the PMC/AE and the Owner.
8.2.5 Sales. use. gross receipt. or similar taxes related to Work imposed by any govemmental
authority and for which the GC Is liable.
8.2.6 Building and operating permit fees. Inspection and filing fees. sewer and water fees. and
deposits lost for causes other than the GC's own negligence. If royalties or losses and damages.
Including cost of defense. are Incurred which arise from a particular design. process or the product
of a particular manufacturer or manufacturers specified by the Owner or PMC/AE. and the GC had
no reason to believe there would be Infringement of patent rights. such royalties. losses and
damages shaH be paid by the Owner and the GMP shall be adjusted by Change Order to
compensate the GC for the Increased costs. If the GC has actual or constructtve knowledge that
use of the partiCular design. process or product would Infringe a patent(s) and falls to provide
written notice to the Owner before using such design. process or product. then no royalties. losses or
damages rising from us of such design, process or product sholl be 0 Cost of the Work. and such
shall not be paid by the Owner. but by the GC (See Article 3.7 and 3.17 of A20 1. General
Conditions).
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8.2.7 Cost of removal and disposal of all debris Including clean-up and trash removal.
8.2.8 Cost Incurred due to an emergency affecting the safety of persons and/or property.
8.2.9 Legal costs reasonably, and property. resulting from prosecution of the Work for the Owner
provided, however. that they are not the result of the GC's own negligence or matfeasonce. Legal
costs Incurred In connection with disputes solely between the GC and the Owner or Incurred In
connection with disputes solely between the GC and Trade Contractors are the responsibility Of the
GC and shall not be Included In the Cost of the Work.
8.2.10 All costs directly Incurred In the performance of the Work and not Included In the GC Fee as
set forth In Paragraph 7.2. herein. and the General Condition Lump Sum set forth In Paragraph 7.5
herein.
ARTICLE 9
Changes In the Work
9.1 The Owner. without Invalidating this Agreement. may order changes In the Work within the
general scope of this Agreement consisting of additions. deletions. or other revisions. All changes in
the Work shall be authorized as described In the Conditions of the Contract. Except In cases of
emergency endangering life or property. the GC sholl allow no Changes In the Work without the
prior written approval of the Owner. Notwithstanding anything contained In the Conditions of the
Contract to the contrary. the PMC/ AE has no authority to authorize or order any changes in the
Work. All changes In the Work must be authorized In writing by the Owner. The GC shall not perform
and will not be compensated for any changes In the Work not authorized or ordered In accordance
with this section and the conditions of the contract.
ARTICLE 10
Discounts
10.1 All quantity discounts shall accrue to the Owner. All trade discounts. rebates and refunds.
and all returns from the sole of surplus materials and equipment shall be credited to the Owner.
ARTICLE 11
Insurance
11.1 Insurance will be provided as required by the SUpplemental and General Conditions of the
Contract.
11.2 The Owner may elect to purchase Insurance under an Owner Controlled Insurance Program.
In which case the GC wIH not be required to provide Insurance. but wW provide coordination with
the Owner and the Owner's Insurance broker. as required. The Owner wIH Infonn the GC of Its
intention regarding Insurance In sufftclent time before the execution of the amendment making the
fInol adjustment to the Guaranteed MaxImum Price and confirming the scope. to allow the GC to
arrange for Insurance and Include the costs In the final GMP. If necessary.
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ARTICLE 12
Miscellaneous Provisions
12.1 The Owner and GC respectively, bind themselves. their partners. successors. assigns and
legal representatives to the other party to this Agreement and to the partners. successors. assigns
and legal representatives of such other party with respect to all covenants of this Agreement.
Neither Owner nor GC shall assign this Agreement with out the written consent of the other.
12.2 This Agreement shaA be governed by the laws of the State of Florida.
12.2.1 Each of the parties hereto (a) Irrevocably submits Itself to the exclusive jurisdiction of the
Circuit Court of the State of Florida. Plnellas County. and the Jurisdiction of the United States
District Court for the Middle District of Florida. Tampa Division for the purposes of any suit. action
or other proceeding arising out of. or relating to. this agreement; (b) wolves and agrees not to
assert against any party hereto. by way of motion. as a defense or otherwise. In any suit. action or
other proceeding. (I) any claim that It Is not personally subject to the jurisdiction of the above-
named courts for any reason whatsoever or that Its property Is exempt or Immune from set off.
execution or attachment. either prior to judgment or In old of execution. for any reason
whatsoever; and (II) to the extent permitted by applicable law. any claim that such suit. action or
proceeding by any party hereto Is brought In an inconvenient forum or that the venue of such
suit. action or proceeding Is Improper or that this agreement or the subject matter hereof may
not be enforced In or by such courts.
12.3 The GC agrees that after completion of all Work under this agreement and all
Amendments thereto and prior to final payment. It will execute and deliver to the Owner an
"Assignment of AntHrust Claims" as shown In the Special Conditions of the Contract.
12.3. 1 The GC also agrees that prior to final payment. It will cause each of its suppliers and Trade
Contractors who have furnished services. goods. or materials in comectlon with the performance
of this Contract. to execute and deliver to the Owner an "AssIgnment of Anti-Trust Claims' In the
same form as specified In Paragraph 12.3 above.
12.4 The GC warrants that It has not employed or retained any company or person (other than
a bona fide employee working solely for the GC) to solicit or secure this agreement. and that it
has not paid or agreed to pay any person. company. corporation Individual or firm (other than a
bona fide employee working solely for the GC) any fee. commission. percentage. gift. or any
other consideration contingent upon or resulting from the award or making of this agreement.
12.5 As required by Section 287.058. Florida Statutes. this contract may be unilaterally
cancelled by the Owner for refusal by the GC to allow publiC access to all documents. papers.
letters. or other material subject to the provisions of Chapter 119 and made or received by the
GC In conjunction with the contract to the provisions of Chapter 119 and made or received by
the GC in conjunction with the contract.
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12.6 The parties recognize that the GC Is an Independent contractor. The GC agrees to
indemnify. hold harmless and defend the Owner of. from. and against all liability and
expense Including reasonable attorney's fees. In connection with any and all claims
whatsoever for personal injuries or property damage. Including loss of use. caused by the
negAgent or deAberate act or omission of the Ge. Its agents. officers. contractors or
employees or anyone else for whose acts the Ge may be liable. ThIs Includes claims made
by the employees of the GC against the Owner and the GC hereby wolves Its entitlement. if
any. to immunity under SectIon 330.11. Florida Statutes. In any claim or action brought by an
employee of the GC against the Owner. Nothing contained herein shall be construed as a
waiver of any immunity from or limitation of liability the Owner may hove under the doctrine
of sovereign Immunity or Section 768.28. Florida Statutes.
12.7 This Agreement shall be binding upon. and shall Inure to the benefit of the parties
hereto and their respective successors and assigns.
12.8 This Agreement shall create no rights or claims whatsoever In any person other than
a party hereto.
12.9 If anyone or more of the provisions of this Agreement shall be held to be Invalid.
Illegal or unenforceable In any respect. the validity. legality and enforceability of the
remaining provisions hereof shall not In any way be affected or Impaired thereby.
12.10 Nothing contained in the Agreement Is Intended or does create an entitlement of
property Interest In the GC.
12.11 The GC recognizes that the Owner intends to finance a portion of this project
through a bond Issue. At this time. validation of this bond Issue Is anticipated to occur In
November. 1994. if the court refuses to validate the bonds or If a referendum Is required to
authorize the city to Issue the bonds, the work may be reduced. The guaranteed maximum
price shall be reduced In accordance with Article 6 and Article 9 of this Agreement. if the
Work Is reduced.
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IN WITNE$ WHEREOF. the parties hove affbced their signatures, effective on the date first written
above.
CITY OF CLEARWATER
--
By ~~~
Eliza th M. D ptula
City Managar
Rita Garvey
Mayor-Commissioner
Approved as to form and legal sufficiency: Attest:
BY~--. - f, !d~- rOt..
Cynt; E. Ge;,uO~(J'
City erk .
CREATIVE/BEERS, a Joint Venture
ATTEST:
I/!~
By t/efl.
/kA,oy C. ,Bdhff/l!iA/
Typed Name
Title jJ~t1J?f:.1' &ECV77 rE
Page 15
MASTER SCHEDULE IN FILE
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THE
A MER I C A N1
INSTITUTE
o IF
ARC HIT E C T S
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AlA Document A201
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General Conditions of the Contract
for Construction
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THIS DOCUMENT HAS IMPORTANT lEGAL COXSEQlEVCES;' CONSULTA TION
WITH AN ATTORNEY IS ENCOURAGED rOTH RESPECT TO ITS MODIFICATION
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1987 EDITION
TABLE OF ARTICLES
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1. GENERAL PROVISIONS
8. TIME
2. OWNER
9. PAYMENTS AND COMPLETION
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3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY
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4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS
5. SUBCONTRACTORS
12. UNCOVERING AND CORRECTION OF WORK
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6. CONSTRUCTION BY OWNER OR BY
SEP ARA TE CONTRACTORS
13. MISCELLANEOUS PROVISIONS
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7. CHANGES IN THE WORK
14. TERMINATION OR SUSPENSION OF THE
CONTRACT
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This document has been approved and endorsed by the Associated General Contractors of America.
Copyright 1911. 1915. 1918. 1925. 19.0-. 1951. 1958, 1961, 1963, 1966. 1967, 1970, 19~6. ~'1987 by The American Institute of Architects. 1735
New York Avenue. N.W., Washington, D.C., 20006. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA \'io!ates the copyright laws of the United States and will be subject to legal prosecutions
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AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CO!,;STRL'CTIO:'-i . FOl'RTEENTH EOIT!O:'-i
AIA@ "@1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 17.1'; :'-iE\,(' YORK A\'ENI'E, N.W, \,('ASHI;';C;TO:'-i, D.C. 20006
A201-1987 1
I
Acceptance of Nonconforming Work. . . . . '9.6.6,9.9.3,12.3
Acceptance of Work . . . . . . .. 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3
AccesstoWork... ............... 3.16,6.2.1,12.1
Accident Prevention. . . . . . . . . . . . . . . . . . . . . . . . .. 4.2.3, 10
Acts and Omissions 3.2.1,3.2.2,3.3.2,3.12.8,3.18,4.2.3,4.3.2,
4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1
Addenda ................ .......1.1.1,3.11
Additional Cost, Claims for ......... 4.3.6,4.3.7,4.3.9,6.1.1,10.3
Additional Inspections and Testing. . . . . .. 4.2.6,9.8.2,12.2.1,13.5
Additional Time, Claims for. . . . . . . . . . . .. 4.3.6,4.3.8,4.3.9,8.3.2
ADMINISTRATIONOFTHECONTRACT ... 3.3.3,4,9.4,9.5
Advertisement or Invitation to Bid . . . . . . . . . . . . . . . . . . . . .. 1.1.1
Aesthetic Effect. . . . . . . . . . . . . . . . . . . . . . . . .. 4.2.13,4.5.1
Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.8
All-risklnsurance... ......................11.3.1.1
Applications for Payment 4.2.5,7.3.7,9.2,9.3,9.4,9.5.1,9.6.3,
9.8.3,9.10.1,9.10.3,9.10.4, 11.1.3, 14.2.4
2.4,3.3.3,3.5,3.10.2,3.12.4 through 3.12.8, 3.18.3,
4.2.7,9.3.2,11.3.1.4,13.4.2,13.5
......... 4.1.4,4.3.2,4.3.4,4.4.4,4.5,
8.3.1,10.1.2,11.3.9,11.3.10
Architect . . . . . . . . . . . . . . . . . .. 4.1
Architect, Definition of. ................. 4.1.1
Architect,ExtentofAuthority..... . 2.4,3.12.6,4.2,4.3.2,4.3.6,
4.4,5.2,6.3,7.1.2,7.2.1,7.3.6,7.4,9.2,9.3.1,
9.4,9.5,9.6.3,9.8.2,9.8.3,9.10.1,9.10.3,12.1,12.2.1,
13.5.1,13.5.2,14.2.2,14.2.4
Architect, Limitations of Authority and Responsibility. 3.3.3,3.12.8,
3.12.11,4.1.2,4.2.1,4.2.2,4.2.3,4.2.6,4.2.7, 4.2.10, 4.2.12,
4.2.13,4.3.2,5.2.1,7.4,9.4.2,9.6.4,9.6.6
Architect's Additional Services and Expenses. ........ 2.4,9.8.2,
11.3.1.1,12.2.1,12.2.4,13.5.2,13.5.3,14.2.4
Architect's Administration ofthe Contract. . . . . . . . .. 4.2,4.3.6,
4.3.7,4.4,9.4,9.5
Architect's Approvals 2.4,3.5.1,3.10.2,3.12.6,3.12.8,3.18.3,4.2.7
Architect's Authority to Reject Work .... 3.5.1,4.2.6,12.1.2,12.2.1
Architect's Copyright . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.3
Architect's Decisions. . . 4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,
43.2,4.3.6,4.4.1,4.4.4,4.5,6.3,73.6. "7.3.8, 8.1.3., 8.3.1,
9.2,9.4,9.5.1,9.8.2,9.9.1,10.1.2,135.2,14.2.2,14.2.4
Architect's Inspections. . . . . . . 4.2.2.429.4.3.6,9.4.2,9.8.2,
9.9.2,9.10.1,13.5
Architect's Instructions .. 4.2.6,4.2.7,4.2.8,.'1..:1.-,7.4.1,12.1,13.5.2
Architect's Interpretations. . . . . . . . . . . . . . .. 4.2.11,4.2.12,4.3.7
Architect's On-Site Observations 4.2.2,4.2.5,4.3.6,9.4.2,
9.5.1,9.10.1,13.5
Architect's Project Representative 4.2.10
Architect's Relationship with Contractor. . 1.1.2,3.2.1,3.2.2,
3.3.3,3.5.1,3.7.3,3.11,3.12.8,3.12.11,3.16,3.18, 42.3, 4.2.4,
4.2.6,4.2.12,5.2,6.2.2, "7.3.4, 9.8.2,11.3.7,12.1,13.5
Architect's Relationship with Subcontractors. . 1.1.2,4.2.3,4.2.4,
4.2.6,96.3,9.6.4,11.3.7
9.4.2,9.5.1,9.101
4.2.2,4.2.5,4.2.9,4.36,9.4.2,9.5.1,
9.8.2,99.2'-9.10.1,13.5
Asbestos .. . . . . . . . . . . . . . . . . . . . . . . . 10.1
Attorneys' Fees. . . . . . . . . . . . 3.18.1,9.10.2,10.1.4
Award of Separate Contracts. . . . . . . . . . . . . . . . . . . . . . . . . .. 6.1.1
Award of Subcontracts and Other Contracts for
Portions of the Work . . . . . . . . . .. . . . . . . . . . . . . . . . .. 5.2
Basic Definitions . . . . . . . . . . . . . . . . . . . . . . 1.1
Bidding Requirements ................ 1.1.1,1.1.7,5.2.1,11.4.1
Boiler and Machinery Insurance . . . . . . . . . . . . . .. 11.3.2
Bonds,Lien- .......... 9.10.2
Bonds,PerformanceandPayment..... 7.3.6.4,9.10.3,11.3.9,11.4
Approvals .
Arbitration
Architect's Representations. . . .
Architect's Site Visits. . .
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INDEX
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Building Permit ............,....... . . . . . . . . . 3.7.1
Capitalization....................... 1.4
Certificate of Substantial Completion . . . . . . . . . . . . . . 9.8.2
CertificatesforPayment....... 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,
9.6.6,9.7.1,9.8.3,9.10.1,9.10.3, 13.7, 14.1.1.3, 14.2.4
Certificates of Inspection, Testing or Approval ..... 3.12.11,13.5.4
Certificates ofInsurance ............ 9.3.2,9.10.2,11.1.3
Change Orders. 1.1.1,2.4.1,3.8.2.4,3.11,4.2.8,4.3.3,5.2.3,
7.1,7.2,7.3.2,8.3.1,9.3.1.1,9.10.3,11.3.1.2,
11.3.4, 11.3.9, 12.1.2
Change Orders, Definition of .......................... 7.2.1
Changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7.1
CHANGES IN THE WORK .... 3.11,4.2.8,7,8.3.1,9.3.1.1,10.1.3
Claim, Definition of . .. ............................. 4.3.1
Claims and Disputes. . . . . . . . . . . . . . .. 4.3,4.4,4.5,6.2.5,8.3.2,
9.3.1.2, 9.3.3, 9.10.4, 10.1.4
Claims and Timely Assertion of Claims .............. 4.5.6
ClalmsforAdditlonaICost........ 4.3.6,4.3.7,4.3.9,6.1.1,10.3
Claims for Additional Time . .. ..' 4.3.6,4.3.8,4.3.9,8.3.2
Claims for Concealed or Unknown Conditions. . . . . . . . 4.3.6
Claims for Damages. . .3.18,4.3.9,6.1.1,6.2.5, 8.3.2, 9.5.1.2, 10.1.4
Claims Subject to Arbitration. . . . . . . . . . . . . . . .. 4.3.2,4.4.4,4.5.1
Cleaning Up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.15, 6.3
Commencement of Statutory Limitation Period . . 13.7
Commencement of the Work, Conditions Relating to .. ... 2.1.2,
2.2.1,3.2.1,3.2.2,3.7.1,3.10.1,3.12.6,4.3.7,5.2.1,
6.2.2,8.1.2,8.2.2,9.2,11.1.3, 11.3.6, 11.4.1
Commencement of the Work, Definition of . . . . . . . . . .. 8.1.2
Communications Facilitating Contract
Administration ... . . . . . . . . . . . . . 3.9.1,4.2.4,5.2.1
Completion, Conditions Relating to . . . . . .. 3.11,3.15,4.2.2,4.2.9,
4.3.2,9.4.2,9.8,9.9.1,9.10, 11.3.5, 12.2.2, 13.7.1
COMPLETION, PAYMENTS AND. . . . . . . . . . . . . . . . . . . . . . . .' 9
Completion, Substantial. . .. . .. 4.2.9,4.3.5.2,8.1.1,8.1.3,8.2.3,
9.8,9.9.1,12.2.2,13.7
Compliance with Laws. 1.3,3.6,3.7,3.13,4.1.1, 10.2.2, 11.1,
11.3,13.1,13.5.1,13.5.2,13.6,14.1.1,14.2.1.3
Concealed or Unknown Conditions. . . . . . . . . . . .. ....... 4.3.6
Conditions of the Contract. . . . . . . . . . . . . . . . .. 1.1.1,1.1.7,6.1.1
Consent, Written. . . . . . . . . . . . . . . . .. 1.3.1,3.12.8,3.14.2,4.1.2,
4.3.4,4.5.5,9.3.2,9.8.2,9.9.1,9.10.2,9.10.3,10.1.2,10.1.3,
11.3.1,11.3.1.4,11.3.11,13.2,13.42
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.4,6
Construction Change Directive, Definition of. . . . . . . . . . . 7.3.1
Construction Change Directives. . .. 1.1.1,4.2.8,7.1,7.3,9.3.1.1
Construction Schedules, Contractor's . . . . . . .. 3.10,6.1.3
Contingent Aissignment of Subcontracts . . . . . . . .. 5.4
Continuing Contract Performance . . . . . . ., 4.3.4
Contract, Definition of . . . . . . . . . . . . . . . . . . .. 1.1.2
CONTRACT ,TERMINATION OR
SUSPENSION OF THE . . . . . . . . 4.3.7, 5.4.1.1, 14
Contract Administration . . . . . . . . . . 3.3.3,4,9.4,9.5
Contract Award and Execution, Conditions Relating to . . . . .. 3.7.1,
3.10, 5.2, 9.2, 11.1.3, 11.3.6, 11.4.1
ContractDocuments,The .................. ..1.1,1.2,7
Contract Documents, Copies Furnished and Use of. .. 1.3,2.2.5,5.3
Contract Documents, Definition of . . . . . . . . . . . . . . . . . . . .. 1.1.1
Contract Performance During Arbitration . . . . . . . . . . .. 4.3.4,4.5.3
Contract Sum. . . . . . . . . . . . .. 3.8,4.3.6,4.3.7,4.4.4,5.2.3,
6.1.3,7.2,7.3,9.1,9.7,11.3.1,12.2.4,12.3,14.2.4
Contract Sum, Definition of. . . . . . . . . . . . . . . . . . . . . 9.1
C~ntract Time 4.3.6,4.3.8,4.4.4,72.1.3,7.3,
8.2.1,8.3.1,9.7,12.1.1
Contract Time, Definition of . . . . . . . . . . . . . . .. 8.1.1
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2 A201-1987
AlA DOCUMENT A201 " GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA@ "@1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NoW, WASHINGTON, D.C. 20006
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CONTRACTOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 3
Contractor, Definition of . . . . . . . . . . . . . . . . . .. 3.1, 6.1.2
Contractor's Bid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1.1.1
Contractor's Construction Schedules ............. 3.10,6.1.3
Contractor's Employees. . . . . .. 3.3.2,3.4.2,3.8.1,3.9,3.18,4.2.3,
4.2.6,8.1.2,10.2,10.3,11.1.1,14.2.1.1
Contractor's Liability Insurance. . . . . . . . . . . . . . . . . . . . . " 11.1
Contractor's Relationship with Separate Contractors
and Owner's Forces. . . . .. 2.2.6,3.12.5,3.14.2,4.2.4,6, 12.2.5
Contractor's Relationship with Subcontractors . . . . . .. 1.2.4,3.3.2,
3.18.1,3.18.2,5.2,5.3,5.4,9.6.2, 11.3.7, 11.3.8, 14.2.1.2
Contractor's Relationship with the Architect .... 1.1.2,3.2.1,3.2.2,
3.3.3,3.5.1,3.7.3,3.11,3.12.83.16,3.18,4.2.3, 4.2.4,4.2.6,
4.2.12,5.2,6.2.2,7.3.4,9.8.2,11.3.7,12.1,13.5
Contractor's Representations.. 1.2.2,3.5.1,3.12.7,6.2.2,8.2. 1,9.3.3
Contractor's Responsibility for Those
Performing the Work. . . . . . . . . . . . . . " 3.3.2,3.18,4.2.3, 10
Contractor's Review of Contract Documents. 1.2.2.3.2,3.7.3
Contractor's Right to Stop the Work ...................... 9.7
Contractor's Right to Terminate the Contract . . . . . . . . . . . . " 14.1
Contractor'sSubmittals ...... 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,
7.3.6,9.2,9.3.1,9.8.2,9.9.1,9.10.2,
9.10.3, 10.1.2, 11.4.2, 11.4.3
Contractor's Superintendent. . . . . . . . . . . . . . . . . . . . " 3.9,10.2.6
Contractor's Supervision and Construction Procedures. . . . " 1.2.4,
3.3, 3.4, 4.2.3, 8.2.2, 8.2.3, 10
Contractual Liability Insurance. . . . . . . . . . . .. 11.1.1. 7, 11. 2. 1
Coordination and Correlation ............... 1.2.2,1.2.4,3.3.1,
3.10,3.12.7,6.1.3,6.2.]
Copies Furnished of Drawings and Specifications. 1.3,2.2.5,3.1]
Correction of Work . . . . . . . . . . . . . . . . . .. 2.3,2.4,4.2.],9.8.2,
9.9.1, ]21.2. 12.2, ]3.7.1.3
Cost, Definition of 7.3.6, ]4.3.5
Costs.... 2.4,3.2.],3.7.4,3.8.2,3.15.2,4.3.6,4.3.7, 4.3.8.1,5.2.3,
6.1.1,6.2.3,6.3,7.3.3.3,7.3.6,7.3.7,9.7,9.8.2,9.10.2, ] 1.3.1.2,
11.3.1.3,] 1.3.4,11.3.9, ]2.], ]2.2.], ]2.2.4, ]2.2.5, 13.5, ]4
CUUing and Patching. ...................... 3.14,6.2.6
Damage to Construction of Owner or Separate Contractors 3.14.2,
6.2.4,9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, ]2.2.5
Damage to the Work '" 3.]4.2,9.9.1,10.2.1.2,10.2.5,10.3,11.3
Damages, Claims for.. 3. ]8,4.3.9,6.1.1,6.2.5,8.3.2,9.5.1.2, 10.1.4
Damages for Delay. .. ............. 6.1.1,8.3.3,9.5.1.6,9.7
Date of Commencement of the Work, Definition of . . . . . . . " 8.1.2
Date of Substantial Completion, Definition of. . . . . . . . . . . . " 8.].3
Day, Definition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8.1.4
Decisions of the Architect. 4.2.6,4.2.7,4.2.] 1,4.2.12,4.2.13,
4.3.2,4.3.6,44.],4.4.4,4.5,6.3,7.3.6,7.3.8,8.1.3, 8.3.], 9.2,
9.4,95.],9.8.2,9.9.],101.2, ]3.5.2, ]4.2.2, ]4.2.4
Decisions to Withhold Certification 9.5, 9.7, ] 4.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of ...... 2.3,2.4,3.5.],4.2.1,
4.2.6,4.3.5,9.5.2,9.8.2,9.9.],10.2.5,12, ]3.7.1.3
Defective Work, Definition of ...................... 3.5.]
Definitions. 1.1,2.1.1,3.],3.5.],3.12.],3.]2.2,3. ]2.3,4.1.1,
4.3.],5.],6.1.2,7.2.],7.3.],7.3.6,8.],9.],9.8.]
Delays and Extensions of Time ........ 4.3.1,4.3.8.1,4.3.8.2,
6.1.1,6.2.3,7.2.1,7.3.],7.3.4,7.3.5,7.3.8,
7.3.9,8.1.1,8.3, 10.3.], ]4.1.1.4
Disputes 4.].4,4.3,4.4,4.5,6.2.5,6.3,7.3.8,9.3.1.2
Documents and Samples at the Site. . . . . . . . . 3.] ]
Drawings, Definition of . . . . . . . . . . . . . . . . . . . . . . . . 1.1.5
Drawings and Specifications, Use and Ownership of. . ].].], ] .3,
2.2.5, 3.] 1, 5.3
Duty to Review Contract Documents and Field Conditions. . . " 3.2
Effective Date oflnsurance . . . . . . . . . . . . . . . 8.2.2, 11.1.2
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Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.3.7,10.3
Emp]oyees, Contractor's. .. . . . .. 3.3.2,3.4.2,3.8.],3.9,3.]8.1,
3.18.2,4.2.3,4.2.6,8.1.2,10.2,10.3, ]1.1.1, 14.2.1.1
Equipment, Labor, Materials and. . . . . . . . " 1.1.3,1.1.6,3.4,3.5.],
3.8.2,3.]2.3,3.12.7,3.12.11,3.]3,3.15.],4.2.7,
6.2.],7.3.6,9.3.2,9.3.3, 11.3, 12.2.4, 14
Execution and Progress of the Work ....... 1.1.3,1.2.3,3.2,3.4.1,
3.5.1,4.2.2,4.2.3,4.3.4,4.3.8,6.2.2,7.1.3,
7.3.9, 8.2, 8.3, 9.5, 9.9.1, 10.2, 14.2, 14.3
Execution, Correlation and Intent of the
Contract Documents. . . . . . . . . . . . . . . . . . . . . . . . .. 1.2,3.7.1
Extensions of Time '" .... 4.3,1,4.3.8,7.2.1.3,8.3,10.3.1
Failure of Payment by Contractor. . . . . . . . . . . . .. 9.5.1.3, 14.2.1.2
Failure of Payment by Owner ................ 4.3.7,9.7,14.1.3
Faulty Work (See Defective or Nonconforming Work)
Final Completion and Final Payment ........ 4.2.1,4.2.9,4.3.2,
4.3.5,9.10, ]1.1.2, 11.1.3, 11.3.5, 12.3.], ]3.7
Financial Arrangements, Owner's. . . . . . . . . . . . . . . . . . 2.2.1
Fire and Extended Coverage Insurance . " 11.3
GENERAL PROVISIONS. . . . . . . . . . . . . . .. 1
Governing Law. .. . .. .. .. .. .. 13.1
Guarantees (See Warranty and Warranties)
Hazardous Materials. . . . . . . . . . . . . . 10.1,10.2.4
Identification of Contract Documents ................... 1.2.1
Identification of Subcontractors and Suppliers. . . . . . . . . . . " 5.2.1
Indemnification....... 3.17,3.18,9.10.2,10.1.4,11.3.1.2,11.3.7
Information and Services Required of the Owner. . . .. 2.1.2, 2.2,
4.3.4, 6.1.3, 6.1.4, 6.2.6, 9.3.2, 9.6.1, 9.6.4, 9.8.3, 9.9.2,
9.10.3,10.1.4,11.2,11.3,13.5.1,13.5.2
Injury or Damage to Person or Property. . . . . . . . . . . . . " 4.3.9
Inspections. 3.3.3,3.3.4,3.7.1,4.2.2,
4.2.6,4.2.9,4.3.6,9.4.2,9.8.2,99.2,9.10.1, 13.5
Instructions to Bidders . . . . . . . . . . . . . . . . . . .. 1.1.1
Instructions to the Contractor. . .. 3.8.1,4.2.8,5.2.1,7,12.1,13.5.2
]nsurance. 4.3.9.6.1.1,7.3.6.4,9.3.2,9.8.2,9.9.1,9.10.2,11
Insurance, Boller and Machinery .................... 11.3.2
Insurance, Contractor's liability . . . " 11.1
Insurance, Effective Date of . . . . .. 8.2.2, 11.1.2
Insurance, Loss of Use. ... .. .. " . .. " .. 11.3.3
Insurance, Owner's Liability. . . . . . . . .. 11.2
Insurance, Property. . . . . . . . . . . . . 10.2.5,11.3
Insurance, Stored Materials . . . . . . . . . 9.3.2, 11.3.1.4
INSURANCE AND BONDS . . . . . . . . . 11
Insurance Companies, Consent to Partial Occupancy. .9.9.], ] 1.3.1 ]
Insurance Companies, Settlement with. . . . . . . . . . . . ] 1.3.] 0
]ntentofthe Contract Documents . ............. 1.2.3,3.]2.4,
4.2.6,4.2.7,4.2.]2,4.2.]3,7.4
Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.6
Interpretation. 1.2.5,1.4,1.5,4.1.1,4.3.],5.],6.1.2,8.1.4
Interpretations, Written.. . . 4.2.]],4.2.]2,4.3.7
Joinder and Consolidation of Claims Required ............. 4.5.6
Judgment on Final Award ................ 4.5.],4.5.4.],4.5.7
Labor and Materials, Equipment. 1.1.3, 1.1.6,3.4,3.5.],3.8.2,
3.]2.2,3.]2.3,3]2.7,3.]2.]],3.]3,3.]5.],
4.2.7,6.2.],7.3.6,9.3.2,9.3.3, ]2.2.4, ]4
Labor Disputes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.3.1
Laws and Regulations 1.3,3.6,3.7,3. ]3,4.1.1,4.5.5,4.5.7,
99.],10.2.2, ]1.1, ]]3, ]3.], ]3.4, ]35.], ]3.5.2, ]3.6
Liens. 2.] .2,43.2,4.3.5.],8.2.2,9.3.3,9.10.2
limitation on Consolidation or Joinder ................ 4.5.5
Limitations, Statutes of 4.5.4.2, ]2.2.6, ]3.7
Limitations of Authority. 3.3.],4.1.2,4.2.],
4.2.3,4.2.7,4.2.10,5.22,5.24,7.4, ]1.3.]0
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AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRCCTIO]\; . FOCRTEENTH EDITION
AIA@ . @1987THEAMERICANINSTlTUTEOFARCHITECTS, 1735 NEW YORK AVE]\;l'E. N.W., \1(ASHINGTO:-';, D.C. 20006
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A201-1987 3
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LimitationsofLiability .' 2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.11,
3.17,3.18,4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.10.4,
10.14,10.2.5,11.12,112.1,11.3.7,13.4.2,13.5.2
Limitations of Time, General ........... 2.2.1,2.2.4,3.2.1,3.7.3,
3.8.2,3.10,312.5,3.15.1,4.2.1,4.2.7,4.2.11,4.3.2,
43.3,4.3.4,4.36,4.3.9,4.5.4.2,5.2.1,5.2.3,62.4,7.3.4,7.4,
8.2,9.5,9.62,9.8,9.9,9.10,11.1.3,11.3.1,11.3.2,11.3.5,
11.3.6,12.2.1,12.2.2,13.5,13.7
Limitations of Time, Specific ... 2.12,2.2.1,2.4,3.10,3.11,
3.15.1,4.2.1,42.11,4.3,4.4,4.5,5.3,5.4,7.3.5,7.3.9,8.2,
9.2,9.3.1,9.3.3,9.4.1,9.6.1,9.7,9.8.2,9.10.2, 11.1.3, 11.3.6,
11.3.10,113.11,12.2.2,12.2.4,12.2.6,13.7,14
Loss of Use Insurance . . . . . 11.3.3
Material Suppliers. . . 13.1,3.12.1,4.2.4,4.2.6,5.2.1,
9.3.1,9.3.1.2,9.3.3,9.4.2,96.5,9.10.4
Materials. Hazardous . . . . . . . . . . . 10.1,10.2.4
Materials. Labor, Equipment and. . . .. 113, 11.6,3.4,3.5.1,3.8.2,
3.12.2,312.3,3.12.7,3.12.11,3.13,3.15.1,4.2.7,621,
73.6,9.3.2,9.3.3, 12.2.4, 14
Means, Methods, Techniques, Sequences and
Procedures of Construction .. .. 3.3.1,4.2.3,4.2.7,9.4.2
Minor Changes in the Work. 1.1.1,42.8,43.7,7.1,7.4
MISCELLANEOUS PROVISIONS. . . . . . . . 13
Modifications, Definition of . 1.1.1
Modifications to the Contract 111, 112,3.7.3,3.11,
4.1.2,4.2.1,5.2.3,7,8.3.1,9.7
Mutual Responsibility . . . . . . . . . . . . . . . . 6.2
Noncor:forming Work, Acceptance"'f . . . . 12.3
Nonconforming Work, Rejection and Correction of . . . . 2.3.1,
4.3.5,9.5.2,9.8.2,12,13.7.13
....... 2.3,2.4,3.21,3.2.2,3.7.3,37.4,3.9,3.12.8,
312.9,3.17,4.3,4.44,4.5,5.2.1,5.3,5.41.1,8.2.2,9.4.1,
9.5.1,96.1,9.7,9.10,10.1.2,1026,111.3,11.3,12.2.2,
12.2.4,13.3,13.5.1,13.5.2,14
Notice, Written 2.3,2.4,3.9,3.12.8,3.12.9,4.3,
4.4.4,4.5,5.2.1,5.3,5.41.1,8.2.2,9.4.1,9.5.1,9.7,9.10,
10.1.2, 10.2.6, 11.1.3, 113, 122.2, 122.4,13.3,13.5.2, 14
Notice of Testing and Inspections. . . .. 13.5.1, 13.5.2
Notice to Proceed. .............. 8.2.2
Notices, Permits, Fees and 22.3,3.7,3.13,7.3.6.4, 10.2.2
Observations, Architect's On-Site 4.2.2,4.2.5,
436. 9.-t.2. 95.1, 9.10.1,13.5
1.2.2,3.2.2
96.6,9.8.1,9.9,11.3.11
4.2.2,4.2.9,4.3.6,
9.4.2, 9.8.2, 9.9.2, 9.10.1
On-Site Observations by the Architect. . . . . . . .. 4.2.2,4.2.5,4.3.6,
9.42,9.5.1,9.10.1,13.5
2.3,3.9,4.3.7,7,8.2.2,11.3.9,12.1,
12.2,13.5.2,14.3.1
OWNER. . . . . 2
Owner, Definition of 2.1
Owner,lnformationandServlcesRequiredotthe. ... 2.12,
2.2,4.3.4,6,9,10.1.4,11.2,11.3,13.5.1,14.1.1.5,14.1.3
Owner's Authority. . . . . . 3.8.1,4.1.3,4.2.9,5.2.1,5.2.4,5.4.1,
7.3.1,8.2.2,93.1,9.3.2,11.4.1,12.2.4,13.5.2,14.2,14.3.1
Owner's Financial Capability. . 2.2.1,14.1.1.5
Owner's Liability Insurance . . . . . . . . . . . . . . .' 11.2
Owner's Loss of Use Insurance. 11.3.3
Owner's Relationship with Subcontractors. . 1.1.2,
5.2.1,5.4.1,96.4
2.4,12.2.4,14.2.2.2
6.3
Notice
Observations, Contractor's. . .
Occupancy. .
On-Site Inspections by the Architect
Orders, Written
Owner's Right to Carry Out the Work.
Owner's Right to Clean Up .
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Award Separate Contracts ........... 6.1
Owner's Rightto Stop the Work ....... 2.3,4.3.7
Owner's Right to Suspend the Work. . 14.3
Owner's Right to Terminate the Cone.:;act 14.2
Ownership and Use of Architect's Drawings, Specifications
and Other Documents. . 1.1.1,1.3,2.2.5,5.3
Partial Occupancy or Use 96.6,9.9, 11311
Patching, Cutting and. 3.14,6.2.6
Patents, Royalties and . . . . . . . . 3.17
Payment, Applications for 4.2.5,9.2,9.3,9.4,
9.5.1,9.8.3,9.10.1,9.10.3,9.10.4,14.2.4
Payment, Certificates for ........ .. 4.2.5,4.2.9,9.3.3,9.4,9.5,
9.6.1,9.6.6,9.7.1,9.8.3,9.10.1,9.10.3,13.7, 1411.3,14.2.4
Payment, Failure of. . 4.3.7,9.5.1.3,
9.7,9.10.2,14.1.1.3,14.21.2
42.1,4.2.9,4.3.2,4.3.5,9.10,111.2,
11.1.3,11.3.5,1231
7.3.6.4,
9.10.3,11.3.9,11.4
4.3.4,9.3,96,
9.8.3,9.10.3,13.6,142.3
9, 14
5.4.2,9.5.1.3,
9.6.2, 96.3, 96.4, 11.3.8, 14.2.1.2
.. .. .. .. . 10.1
7.3.6.4,
9.10.3,11.3.9,11.4
Permits, Fees and Notices.. .. 2.2.3,3.7,3.13,7.3.6.4,10.2.2
PERSONS AND PROPERTY, PROTECTION OF 10
Polychlorinated Biphenyl .' 10.1
Product Data, Definition of. . . 3.12.2
Product Data and Samples, Shop Drawings. . .. 3.11,3.12,4.2.7
Progress and Completion 4.2.2,4.3.4,8.2
Progress Payments 4.3.4,9.3,
9.6,9.8.3,9.10.3,13.6,14.2.3
Project, Definition of the. . . . . . 1.1.4
Project Manual, Definition of the 1.1.7
Project '\lanuals 2.2.5
project Representatives 4.2.10
Property Insurance 10.2.5,11.3
PROTECTION OF PERSONS AND PROPERTY. . . . . . . . . 10
Regulations and Laws 1.3,3.6,3.7,3.13,4.11,4.5.5,
45.7,10.22,11.1,113,13.1,13.4,13.5.1,13.5.2,136,1-t
Rejection of Work 3.5.1,4.2.6,12.2
Releases of Waivers and Liens .... 9.10.2
Representations. . 12.2,3.5.1, 3.12.~,
6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,9.8.2,9.10.1
2.1.1,3.1.1,39.
4.1.1,4.2.1,4.2.10,5.1.1,5.12,13.2.1
Resolution of Claims and Disputes. 4.4, 4.5
Responsibility for Those Performing the Work. . . . . . 3.3.2,
4.2.3,6.13,6.2, ]0
Retainage . . . . 9.3.1,9.6.2,9.8.3,9.9.1,9.10.2,9.10.3
Review of Contract Documents and Field
Conditions by Contractor . . . .
Review of Contractor's Submittals by
Owner and Architect
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Payment, Final . . . . . . . .
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Payment Bond, Performance Bond and
Payments. Progress
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PAYMENTS AND COMPLETION
Payments to Subcontractors .
PCB..... .
Performance Bond and Payment Bond.
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Representatives. . . .
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3.10.1,3.10.2,311,3.12,
42.7,4.2.9,5.2.1,5.2.3,9.2,9.82
Review of Shop Drawings, Product Data
and Samples by Contractor .., 3.]2.5
Rights and Remedies 1.1.2,2.3,2.4,3.5.1,3.15.2,
4.2.6,4.3.6,4.5,5.3,61,6.3,7.3.1,8.3.1,9.5.1, 9.7, 10.2.5.
1O.3,12.2.2,12.2.4,13.4,1-t
3.17
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4 A201-1987
AlA DOCUMENT A201 " GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION" FOURTEENTH EDITION
AIA@ "@1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D.C. 20006
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Rules and Notices for Arbitration . . . . . . . . . . . . . . . . . . . .. 4.5.2
Safety of Persons and Property. . . . . . . . . . . . . . . . 10.2
Safety Precautions and Programs 4.2.3,4.2.7,10.1
Samples, Definition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3.12.3
Samples, Shop Drawings, Product Data and 3.11,3.12,4.2.7
Samples atthe Site, Documents and . . . . . . . . . . 3.11
Schedule of Values. . . . . . . . . . . . . . . . . . . . . . . . 9.2,93.1
Schedules, Construction . . . . . . . . . . . . . . . . . . . . .. 3.10
Separate Contracts and Contractors . 1.1.4, 3.14.2,4.2.4,
4.5.5,6,11.3.7,12.1.2,12.2.5
Shop Drawings, Definitionof. ................. 3.12.1
Shop Drawings, Product Data and Samples .... 3.11,3.12,4.2.7
Site,Useof. ......... 3.13,6.1.1,6.2.1
Site Inspections. . .1.2.2,3.3.4,4.2.2,4.2.9,4.3.6,9.8.2,9.10.1,13.5
Site Visits, Architect's. 4.2.2,4.2.5,4.2.9,4.3.6,
9.4.2,9.5.1,9.82,9,92,9.10.1,135
Special Inspections and Testing 4.2.6, 12.2.1, 13.5
Specifications, Definition of the. . . . . . . . . . .. 1.1.6
Specifications, The. 1.1.1,1.1.6,1.1.7,1.2.4,1.3,3.11
Statutes of Limitations .................. 4.5.4.2,12.2.6,13.7
StoppingtheWork.. 23,4.3.7,9.7,10.1.2,10.3,141
Stored Materials ........ 6.2.1,9.3.2,10.2.1.2,11.3.1.4, 12.2."i
Subcontractor, Definition of. . . . . . . . . . . 5.1. I
SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . 5
Subcontractors, Work by. . . . . . . . . . . . . . . . .. 1.2.4,3.3.2,3.12.1,
4.2.3, 5.3, 54
Subcontractual Relations. . . . . . . . .. 5.3,5.4,9.3.1.2,9.6.2,
96.3,9.6.4,10.2.1,1137,113.8,14.1.1,14.2.1.2,14.3.2
Submittals 1.3,3.2.3,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,
7.3.6,9.2,9.3.1,9.8.2.991. 910.2, 910.3,10.1.2,11.1.3
Subrogation, Waivers of . 6.1.1, 11.3.5, 11.3.7
Substantial Completion. "i29. 4.3.5.2, 8.1.1, 8.1.3,
825.9.8,99.1,122.1,12.2.2,137
Substantial Completion, Definition of. . . . . . . . . . . . . . 9.8.1
Substitution of Subcontractors 5.2.3, 5.2.4
Substitution of the Architect. 4.1.3
Substitutions of Materials 3.5.1
Sub-subcontractor, Definition of . . . . . . . . . . . . . . . . . . 5.1.2
Subsurface Conditions. ...... . . . . . . . . . . . . . . . . . . . . .. 4.3.6
Successors and Assigns ........... 13.2
Superintendent. . . . . . . . . . . . . . . . . . . . . . . 3.9,10.2.6
Supervision and Construction Procedures 1.2.4,3.3,3.4,
4.2.3,4.3.4,6.1.3, 62"i. 71.3, 7.3.4, 8.2, 8.3.1,10,12,14
Surety. . . . '" . . 4.4.1. "i.4.4, 5.4.12,9.10.2,9.10.3,14.2.2
Surety, Consent of. . . . . . . . . . . . . . . . . . . . . " 9.9.1,9.10.2,9.10.3
Surveys. . . . . . . . . . . . . . 2.2.2,3.18.3
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Suspension by the Owner for Convenience ............ 14.3
Suspension of the Work. . . . . . . . . . . .. 4.3.7,5.4.2,14.1.1.4,14.3
Suspension or Termination of the Contract .. 4.3.7,5.4.1.1,14
Taxes . . . . . . . . . .. 3.6, 7.36.4
Termination by the Contractor ................... 14.1
Termination by the Owner for Cause. . . . . . . . . . 5.4.1.1,14.2
Termination of the Architect ........ 4.1.3
Termination of the Contractor. . . . . . . . . . . . . 14.2.2
TERMINA TlON OR SUSPENSION OF THE CONTRACT . . . . .. 14
Tests and Inspections 3.3.3,4.2.6,4.2.9,9.4.2,12.2.1,13.5
TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Time, Delays and Extensions of . . . . . . . . . . . .. 4.3.8,7.2.1,8.3
Timc Limits, Specific 2.1.2,2.2.1,2.4,3.10,3.11,3.15.1,
"i21, 4.2.11, 4.3, 4.4, 4.5,5.3,5.4,7.3.5,7.3.9,82,9.2,9.3.1,
933,9.4.1,9.6.1,9.7,9.8.2,9.102,11.1.3,11.3.6,11.3.10,
11.3.11, 12.2.2, 12.2.4, 12.2.6, 13.7, 14
Time Limits on Claims. 4.3.2,4.3.3,4.3.6,4.3.9,4.4,4.5
Title to \'\iork . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.3.2,9.3.3
UNCOVERING AND CORRECTION OF WORK ............. 12
Uncovering of Work .. .. . .. . .. .. .. .. . ..... 12.1
Lnforeseen Conditions.. . . . . . . .. . . . . . . 4.3.6,8.3.1,10.1
L ni t P riccs . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7.1. 4, 7.3.3.2
l.seofDocuments.......... 1.1.1,1.3,2.2.5,3.12.7,5.3
Use of Site .......... ........ 3.13,6.1.1,6.21
Values, Schedule of . . . . . . . . 9.2, 9.3.1
Waiver of Claims: Final Payment. 4.3.5,4.5.1,9.10.3
\X'aivcr of Claims by the Architect. . . . . . . . . . . . . . . . . . . . .. 13.4.2
Waiver of Claims bv the Contractor. 9.10.4, 11.3.7, 13.4.2
Wah'cr of Claims bv thc Owner. 4.3.5,4.5.1,9.9..3,
9.103, 11.3.3, 11.3.5, 11.3.7, 13.4.2
\X'aiver of Liens. . . . . . . . . . . . . . . . . . . . . 9.10.2
Waivers of Subrogation . 6.1.1,11.3.5,11.3.7
Warranty and Warranties. . . . . . . . . . . . . . . 3.5,4.2.9,
4.55.3,9.33,9.8.2,99.1,12.2.2,13.7.1.3
\X'eathcr Delavs . . . . . . . . . . . . . . . . . . . . . . 4.3.8.2
When Arbitration May Be Demanded . . . . . . . . . . . . . 4.5.4
Work. Definition of . 1.1.3
Writtcn Conscnt . 1.3.1,3.12.8,3.14.2,4.1.2,4.3.4,
"i.55, 9..32, 9.8.2, 9.9.1, 9.10.2, 9.103, 10.1.2, 10.1.3,
11.3.1,11.3.1.4,11.3.11,13.2,13.42
\X'ritten Interpretations. . . . . . . . . 4.2.11,4.2.12,4.3.7
Written Notice 2.3,2.4,3.9, .3.128, 312.9, 4.3, 4.4.4,
"i5. 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 97, 9.10,10.1.2,
102.6, 11.1..3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14
Written Orders. ........... 2.3,.3.9,4.3.7,
7,8.2.2, 11.3.9, 12.1, 12.2, 135.2, 143.1
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AlA DOCUMENT A201 " GENERAL CONDITIONS OF THE CONTRACT FOR COi'iSTRl'CTIOi'i . FOCRTEENTH EDITION
AIA@ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE:o-il'E, :\.W. WASHli'iGTO:o-i, D.C. 20006
A201-1987 5
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GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1
GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between
Owner and Contractor (hereinafter the Agreement), Conditions
of the Contract (General, Supplementary and other Conditions),
Drawings, Specifications, addenda issued prior to execution of
the Contract, other documents listed in the Agreement and
Modifications issued after execution of the Contract. A Modifi-
cation is (1) a written amendment to the Contract signed by
both parties, (2) a Change Order, (3) a Construction Change
Directive or (4) a written order for a minor change in the Work
issued by the Architect. Unless specifically enumerated in the
Agreement, the Contract Documents do not include other
documents such as bidding requirements (advertisement or
invitation to bid, Instructions to Bidders, sample forms, the
Contractor's bid or portions of addenda relating to bidding
requirements).
1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction.
The Contract represents the entire and integrated agreement
between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. The Con-
tract may be amended or modified only by a Modification. The
Contract Documents shall not be construed to create a contrac-
tual relationship of any kind (1) between the Architect and Con-
tractor, (2) between the Owner and a Subcontractor or Sub-
subcontractor or (3) between any persons or entities other than
the Owner and Contractor. The Architect shall, however, be
entitled to performance and enforcement of obligations under
the Contract intended to facilitate performance of the
Architect's duties.
1.1.3 THE WORK
The term "Work" means the construction and services
required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials,
equipment and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations. The Work
may constitute the whole or a part of the Project.
1.1.4 THE PROJECT
The Project is the total construction of which the Work per-
formed under the Contract Documents may be the whole or a
part and which may include construction by the Owner or by
separate contractors.
1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Con-
tract Documents, wherever located and whenever issued,
showing the design, location and dimensions of the Work,
generally including plans, elevations, sections, details, sched-
ules and diagrams.
1.1.6 THE SPECIFICATIONS
The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equip-
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ment, construction systems, standards and workmanship for
the \'{'ork, and performance of related services.
1.1.7 THE PROJECT MANUAL
The Project Manual is the volume usually assembled for the
Work which may include the bidding requirements, sample
forms, Conditions of the Contract and Specifications.
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1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 The Contract Documents shall be signed by the Owner
and Contractor as provided in the Agreement. If either the
Owner or Contractor or both do not sign all the Contract
Documents, the Architect shall identify such unsigned Docu-
ments upon request.
1.2.2 Execution of the Contract by the Contractor is a repre-
sentation that the Contractor has visited the site, become famil-
iar with local conditions under which the Work is to be per-
formed and correlated personal observations with require-
ments of the Contract Documents.
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1.2.3 The intent of the Contract Documents is to include all
items necessary for the proper execution and completion of the
Work by the Contractor. The Contract Documents are comple-
mentary, and what is required by one shall be as binding as if
required by all; performance by the Contractor shall be
required only to the extent consistent with the Contract Docu-
ments and reasonably inferable from them as being necessary
to produce the intended results.
1.2.4 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.
1.2.5 Unless otherwise stated in the Contract Documents,
words which have well-known technical or construction indus-
try meanings are used in the Contract Documents in accord-
ance with such recognized meanings.
1.3 OWNERSHIP AND USE OF ARCHITECT'S
DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS
1.3.1 The Drawings, Specifications and other documents
prepared by the Architect are instruments of the Architect's
service through which the Work to be executed by the Con-
tractor is described. The Contractor may retain one contract
record set. Neither the Contractor nor any Subcontractor, Sub-
subcontractor or material or equipment supplier shall own or
claim a copyright in the Drawings, Specifications and other
documents prepared by the Architect, and unless otherwise
indicated the Architect shall be deemed the author of them and
will retain all common law, statutory and other reserved rights,
in addition to the copyright. All copies of them, except the
Contractor's record set, shall be returned or suitably accounted
for to the Architect, on request, upon completion of the Work.
The Drawings, Specifications and other documents prepared
by the Architect, and copies thereof furnished to the Contrac-
tor, are for use solely with respect to this Project. They are not
to be used by the Contractor or any Subcontractor, Sub-
subcontractor or material or equipment supplier on other proj-
ects or for additions to this Project outside the scope of the
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6 A201-1987
AlA DOCUMENT A201 " GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITION
AIA@ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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Work without the specific written consent of the Owner and
Architect. The Contractor, Subcontractors, Sub-subcontractors
and material or equipment suppliers are granted a limited
license to use and reproduce applicable portions of the Draw-
ings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their
Work under the Contract Documents. All copies made under
this license shall bear the statutory copyright notice, if any,
shown on the Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet
official regulatory requirements or for other purposes in con-
nection with this Project is not to be construed as publication
in derogation of the Architect's copyright or other reserved
rights.
1.4 CAPITALIZATION
1.4.1 Terms capitalized in these General Conditions include
those which are (1) specifically defined, (2) the titles of num-
bered articles and identified references to Paragraphs, Subpara-
graphs and Clauses in the document or (3) the titles of other
documents published by the American Institute of Architects.
1.5 INTERPRETATION
1.5.1 In the interest of brevity the Contract Documents fre-
quently omit modifying words such as "all" and "any" and arti-
cles 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.
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ARTICLE 2
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OWNER
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2.1 DEFINITION
2.1.1 The Owner is the person or entity identified as such in
the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Owner" means
the Owner or the Owner's authorized representative.
2.1.2 The Owner upon reasonable written request shall furnish
to the Contractor in writing information which is necessary and
relevant for the Contractor to evaluate, give notice of or
enforce mechanic's lien rights. Such information shall include a
correct statement of the record legal title to the property on
which the Project is located, usually referred to as the site, and
the Owner's interest therein at the time of execution of the
Agreement and, within five days after any change, information
of such change in title, recorded or unrecorded.
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2.2 INFORMATION AND SERVICES
REQUIRED OF THE OWNER
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2.2.1 The Owner shall, at the request of the Contractor, prior
to execution of the Agreement and promptly from time to time
thereafter, furnish to the Contractor reasonable evidence that
financial arrangements have been made to fulfill the Owner's
obligations under the Contract. [Note: Unless such reasonable
evidence were furnished on request prior to the execution of
the Agreement, the prospectil'e contractor would not be
requh-ed to execute the Agreement or to commence the Work.}
2.2.2 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.
2.2.3 Except for permits and fees which are the responsibility
of the Contractor under the Contract Documents, the Owner
shall secure and pay for necessary approvals, easements, assess-
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ments and charges required for construction, use or occupancy
of permanent structures or for permanent changes in existing
facilities.
2.2.4 Information or services under the Owner's control shall
be furnished by the Owner with reasonable promptness to
avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents,
the Contractor will be furnished, free of charge, such copies of
Drawings and Project Manuals as are reasonably necessary for
execution of the Work.
2.2.6 The foregoing are in addition to other duties and respon-
sibilities of the Owner enumerated herein and especially those
in respect to Article 6 (Construction by Owner or by Separate
Contractors), Article 9 (Payments and Completion) and Article
11 (Insurance and Bonds).
2.3 OWNER'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to correct Work which is not in
accordance with the requirements of the Contract Documents
as required by Paragraph 12.2 or persistently fails to carry out
Work in accordance with the Contract Documents, the Owner,
by written order signed personally or by an agent specifically so
empowered by the Owner in writing, may order the Contrac-
tor 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 Con-
tractor or any other person or entity, except to the extent
required by Subparagraph 6.1.3.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
2.4.1 If the Contractor defaults or neglects to carry out the
\'fork in accordance with the Contract Documents and fails
within a seven-day period after receipt of written notice from
the Owner to commence and continue correction of such
default or neglect with diligence and promptness, the Owner
may after such seven-day period give the Contractor a second
written notice to correct such deficiencies within a second
seven-day period. If the Contractor within such second seven-
day period after receipt of such second notice fails to com-
mence and continue to correct any deficiencies, the Owner
may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate
Change Order shall be issued deducting from payments then or
thereafter due the Contractor the cost of correcting such defi-
ciencies, including compensation for the Architect's additional
services and expenses made necessary by such default, neglect
or failure. Such action by the Owner and amounts charged to
the Contractor are both subject to prior approval of the Archi-
tect. If payments then or thereafter due the Contractor are not
sufficient to cover such amounts, the Contractor shall pay the
difference to the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 The Contractor is the person or entity identified as such
in the Agreement and is referred to throughout the Contract
Documents as if singular in number. The term "Contractor"
means the Contractor or the Contractor's authorized
representative.
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AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR COMTRl'CTIO:\ . FOCRTEENTH EDITION
AIA@ . @1987 THE AMERICAN INSTlTlTE OF ARCHITECTS, 1735 NEW YORK A\'E:--;CE. X\'i'. WASHINGTON, D.C. 20006
A201-1987
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3.2 REVIEW OF CONTRACT DOCUMENTS AND
FIELD CONDITIONS BY CONTRACTOR
3.2.1 The Contractor shall carefully study and compare the
Contract Documents with each other and with information
furnished by the Owner pursuant to Subparagraph 2.2.2 and
shall at once report to the Architect errors, inconsistencies or
omissions discovered, The Contractor shall not be liable to the
Owner or Architect for damage resulting from errors, inconsis-
tencies or omissions in the Contract Documents unless the
Contractor recognized such error, inconsistency or omission
and knowingly failed to report it to the Architect. If the Con-
tractor performs any construction activity knowing it involves
a recognized error. inconsistency or omission in the Contract
Documents without such notice to the Architect, the Contrac-
tor shall assume appropriate responsibility for such perfor-
mance and shall bear an appropriate amount of the attributable
costs for correction.
3.2.2 The Contractor shall take field measurements and verify
field conditions and shall carefully compare such field mea-
surements and conditions and other information known to the
Contractor with the Contract Documents before commencing
activities, Errors, inconsistencies or omissions discovered shall
be reported to the Architect at once.
3.2.3 The Contractor shall perform the Work in accordance
with the Contract Documents and submittals approved pur-
suant to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall supervise and direct the Work,
using the Contractor's best skill and attention. The Contractor
shall be solely responsible for and have control over construc-
tion means, methods, techniques, sequences and procedures
and for coordinating all portions of the Work under the Cone
tract, unless Contract Documents give other specific instruc-
tions concerning these matters.
3.3.2 The Contractor shall be responsible to the Owner for acts
and omissions of the Contractor's employees, Subcontractors
and their agents and emplovees, and other persons performing
portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to per-
form the Work in accordance with the Contract Documents
either by activities or duties of the Architect in the Architect's
administration of the Contract, or by tests, inspections or
approvals required or performed by persons other than the
Contractor.
3.3.4 The Contractor shall be responsible for inspection of por-
tions of Work already performed under this Contract to deter-
mine that such portions are in proper condition to receive sub-
sequent Work.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents,
the Contractor shall provide and pay for labor, materials, equip-
ment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services
necessary for proper execution and completion of the Work,
whether temporary or permanent and whether or not incorpo-
rated or to be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good
order anlOng the Contractor's employees and other persons
carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks
assigned to them.
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3.5 WARRANTY
3.5.1 The Contractor warrants to the Owner and Architect that
materials and equipment furnished under the Contract will be
of good quality and new unless otherwise required or permit-
ted by the Contract Documents, that the Work will be free
from defects not inherent in the quality required or permitted,
and that the Work will conform with the requirements of the
Contract Documents. Work not conforming to these require-
ments, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's
warranty excludes remedy for damage or defect caused by
abuse, modifications not executed by the Contractor, improper
or insufficient maintenance, improper operation, or normal
wear and tear under normal usage. If required by the Architect,
the Contractor shall furnish satisfactory evidence as to the kind
and quality of materials and equipment.
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3.6 TAXES
3.6.1 The Contractor shall pay sales, consumer, use and similar
taxes for the Work or portions thereof provided by the Con-
tractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely
scheduled to go into effect.
3.7 PERMITS, FEES AND NOTICES
3.7.1 Unless otherwise provided in the Contract Documents,
the Contractor shall secure and pay for the building permit and
other permits and governmental fees, licenses and inspections
necessary for proper execution and completion of the Work
which are customarily secured after execution of the Contract
and which are legally required when bids are received or nego-
tiations concluded.
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3.7.2 The Contractor shall comply with and give notices
required by laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on performance of the
Work.
3.7.3 It is not the Contractor's responsibility to ascertain that
the Contract Documents are in accordance with applicable
laws, statutes, ordinances, building codes, and rules and regula-
tions. However, if the Contractor observes that portions of the
Contract Documents are at variance therewith, the Contractor
shall promptly notify the Architect and Owner in writing, and
necessary changes shall be accomplished by appropriate
Modification.
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3.7.4 If the Contractor performs Work knowing it to be con-
trary to laws, statutes, ordinances, building codes, and rules and
regulations without such notice to the Architect and Owner,
the Contractor shall assume full responsibility for such Work
and shall bear the attributable costs.
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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 against
which the Contractor makes reasonable objection.
3.8.2 Unless otherwise provided in the Contract Documents:
.1 materials and equipment under an allowance shall be
selected promptly by the Owner to avoid delay in the
Work;
.2 allowances shall cover the cost to the Contractor of
materials and equipment delivered at the site and all
required taxes, less applicable trade discounts:
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8 A201-1987
AlA DOCUMENT A201 " GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITlO:\
AIA@ "@1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D,C. 20006
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.3 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 and
not in the allowances;
.4 whenever costs are more than or less than allowances,
the Contract Sum shall be adjusted accordingly by
Change Order. The amount of the Change Order shall
reflect (1) the difference between actual costs and the
allowances under Clause 3.8.2.2 and (2) changes in
Contractor's costs under Clause 3.8.2.3.
3.9 SUPERINTENDENT
3,9.1 The Contractor shall employ a competent superinten-
dent and necessary assistants who shall be in attendance at the
Project site during performance of the Work. The superinten-
dent shall represent the Contractor, and communications given
to the superintendent shall be as binding as if given to the Con-
tractor. Important communications shall be confirmed in writ-
ing. Other communications shall be similarly confirmed on
written request in each case.
3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
3.10.1 The Contractor, promptly after being awarded the Con-
tract, shall prepare and submit for the Owner's and Architect's
information a Contractor's construction schedule for the Work.
The schedule shall not exceed time limits current under the
Contract Documents, shall be revised at appropriate intervals as
required by the conditions of the Work and Project, shall be
related to the entire Project to the extent required by the Con-
tract Documents, and shall provide for expeditious and practi-
cable execution of the Work.
3.10.2 The Contractor shall prepare tmd keep current, for the
Architect's approval, a schedule of submittals which is coordi-
nated with the Contractor's construction schedule and allows
the Architect reasonable time to review submittals.
3.10.3 The Contractor shall conform to the most recent
schedules.
3.11 DOCUMENTS AND SAMPLES AT THE SITE
3.11.1 The Contractor shall maintain at the site for the Owner
one record copy of the Drawings, Specifications, addenda,
Change Orders and other Modifications, in good order and
marked currently to record changes and selections made during
construction, and in addition approved Shop Drawings, Prod-
uct Data, Samples and similar required submittals. These shall
be available to the Architect and shall be delivered to the Archi-
tect for submittal to the Owner upon completion of the Work.
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.1 Shop Drawings are drawings, diagrams, schedules and
other data speciall y prepared for the Work bv the Contractor or
a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the \X'ork.
3.12.2 Product Data are illustrations, standard schedules, per-
formance charts, instructions, brochures, diagrams and other
information furnished bv the Contractor to illustrate materials
or equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate
materials, equipment or workmanship and establish standards
by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar sub-
mittals are not Contract Documents. The purpose of their sub-
mittal is to demonstrate for those portions of the Work for
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which submittals are required the way the Contractor proposes
to conform to the information given and the design concept
expressed in the Contract Documents. Review by the Architect
is subject to the limitations of Subparagraph 4.2.7.
3.12.5 The Contractor shall review, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents with reason-
able promptness and in such sequence as to cause no delay in
the Work or in the activities of the Owner or of separate con-
tractors. Submittals made by the Contractor which are not
required by the Contract Documents may be returned without
action.
3.12.6 The Contractor shall perform no portion of the Work
requiring submittal and review of Shop Drawings, Product
Data. Samples or similar submittals until the respective submit-
tal has been approved by the Architect. Such Work shall be in
accordance with approved submittals.
3.12.7 By approving and submitting Shop Drawings, Product
Data. Samples and similar submittals, the Contractor represents
that the Contractor has determined and verified materials, field
measurements and field construction criteria related thereto, or
\yill do so, and has checked and coordinated the information
contained within such submittals with the requirements of the
\X'ork and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility
for deviations from requirements of the Contract Documents
bv the Architect's approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has
specificalh' informed the Architect in writing of such deviation
at the time of submittal and the Architect has given written
approval to the specific deviation. The Contractor shall not be
relieved of responsibility for errors or omissions in Shop Draw-
ings, Product Data, Samples or similar submittals by the Archi-
tect's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing
or on resubmitted Shop Drawings, Product Data, Samples or
similar submittals, to revisions other than those requested by
the Architect on previous submittals.
3.12.10 Informational submittals upon which the Architect is
not expected to take responsive action may be so identitled in
the Contract Documents.
3.12.11 When professional certification of performance criteria
of materials, systems or equipment is required by the Contract
Documents, the Architect shall be entitled to rely upon the
accuracy and completeness of such calculations and certifi-
cations.
3.13 USE OF SITE
3.13.1 The Contractor shall confine operations at the site to
areas permitted by law, ordinances, permits and the Contract
Documents and shall not unreasonably encumber the site with
materials or equipment.
3.14 CUTTING AND PATCHING
3.14.1 The Contractor shall be responsible for cutting, fltting
or patching required to complete the Work or to make its parts
fit together properly.
3.14.2 The Contractor shall not damage or endanger a portion
of the Work or fully or partially completed construction of the
Owner or separate contractors by cutting, patching or other-
wise altering such construction, or by excavation. The Contrac-
tor shall not cut or otherwise alter such construction by the
AlA DOCUMENT A201 " GE:--IERAL CONDITIONS OF THE CONTRACT FOR CO~STRLCTION . FOCRTEENTH EDITION
AlA@ . @I9R7 THE A\IERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK A\'E~L:E. NW., WASHINGTON, D.C. 20006
A201-1987
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Owner or a separate contractor except with written consent of
the Owner and of such separate contractor; such consent shall
not be unreasonably withheld. The Contractor shall not unrea-
sonably withhold from the Owner or a separate contractor the
Contractor's consent to cutting or otherwise altering the Work.
3.15 CLEANING UP
3.15.1 The Contractor shall keep the premises and surround-
ing area free from accumulation of waste materials or rubbish
caused by operations under the Contract. At completion of the
Work the Contractor shall remove from and about the Project
waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials.
3.15.2 If the Contractor fails to clean up as provided in the
Contract Documents, the Owner may do so and the cost
thereof shall be charged to the Contractor.
3.16 ACCESS TO WORK
3.16.1 The Contractor shall provide the Owner and Architect
access to the Work in preparation and progress wherever
located.
3.17 ROYALTIES AND PATENTS
3.17.1 The Contractor shall pay all royalties and license fees.
The Contractor shall defend suits or claims for infringement of
patent rights and shall hold the Owner and Architect harmless
from loss on account thereof, but shall not be responsible for
such defense or loss when a particular design, process or prod-
uct of a particular manufacturer or manufacturers is required by
the Contract Documents. However, if the Contractor has rea-
son to believe that the required design, process or product is an
infringement of a patent, the Contractor shall be responsible for
such loss unless such information is promptly furnished to the
Architect.
3.18 INDEMNIFICATION
3.18.1 To the fullest extent permitted by law, the Contractor
shall indemnify and hold harmless the Owner, Architect, Archi-
tect's consultants, and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing but not limited to attorneys' fees, arising out of or resulting
from performance of the Work, provided that such claim, dam-
age, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible prop-
erty (other than the Work itself) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Contractor, a Subcontractor,
anyone directly or indirectly employed by them or anyone for
whose acts they may be liable, regardless of whether or not
such claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Paragraph 3.18.
3.18.2 In claims against any person or entity indemnified
under this Paragraph 3.18 by an employee of the Contractor, a
Subcontractor, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable, the indemnifica-
tion obligation under this Paragraph 3.18 shall not be limited by
a limitation on amount or type of damages, compensation or
benefits payable by or for the Contractor or a Subcontractor
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
3.18.3 The obligations of the Contractor under this Paragraph
3.18 shall not extend to the liability of the Architect, the Archi-
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tect's consultants, and agents and employees of any of them
arising out of (1) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifica-
tions, or (2) the giving of or the failure to give directions or
instructions by the Architect, the Architect's consultants, and
agents and employees of any of them provided such giving or
failure to give is the primary cause of the injury or damage.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 The Architect is the person lawfully licensed to practice
architecture or an entity lawfully practicing architecture iden-
tified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized
representative.
4.1.2 Duties, responsibilities and limitations of authority of the
Architect as set forth in the Contract Documents shall not be
restricted, modified or extended without written consent of the
Owner, Contractor and Architect. Consent shall not be unrea-
sonably withheld.
4.1.3 In case of termination of employment of the Architect,
the Owner shall appoint an architect against whom the Con-
tractor makes no reasonable objection and whose status under
the Contract Documents shall be that of the former architect.
4.1.4 Disputes arising under Subparagraphs 4.1.2 and 4.1.3
shall be subject to arbitration.
4,2 ARCHITECT'S ADMINISTRATION
OF THE CONTRACT
4.2.1 The Architect will provide administration of the Contract
as described in the Contract Documents, and will be the
Owner's representative (1) during construction, (2) until final
payment is due and (3) with the Owner's concurrence, from
time to time during the correction period described in Para-
graph 12.2. The Architect will advise and consult with the
Owner. The Architect will have authority to act on behalf of the
Owner only to the extent provided in the Contract Documents,
unless otherwise modified by written instrument in accordance
with other provisions of the Contract.
4.2.2 The Architect will visit the site at intervals appropriate to
the stage of construction to become generally familiar with the
progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicat-
ing that the Work, when completed, will be in accordance with
the Contract Documents. However, the Architect will not be
required to make exhaustive or continuous on-site inspections
to check quality or quantity of the Work. On the basis of on-
site observations as an architect, the Architect will keep the
Owner informed of progress of the Work, and will endeavor to
guard the Owner against defects and deficiencies in the Work.
4.2.3 The Architect will not have control over or charge of and
will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, since these are
solely the Contractor's responsibility as provided in Paragraph
3.3. The Architect will not be responsible for the Contractor's
failure to carry out the Work in accordance with the Contract
Documents. The Architect will not have control over or charge
of and will not be responsible for acts or omissions of the Con-
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A201-1987
AlA DOCUMENT A201 " GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION' FOURTEENTH EDITIOK
AIA@ . @1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006
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tractor, Subcontractors, or their agents or employees, or of any
other persons performing portions of the Work.
4.2.4 Communications Facilitating Contract Administra-
tion. Except as otherwise provided in the Contract Documents
or when direct communications have been specially autho-
rized, the Owner and Contractor shall endeavor to communi-
cate through the Architect. Communications by and with the
Architect's consultants shall be through the Architect. Commu-
nications 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 observations and evaluations of
the Contractor's Applications for Payment, the Architect will
review and certify the amounts due the Contractor and will
issue Certificates for Payment in such amounts.
4.2.6 The Architect will have authority to reject Work which
does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable for implementa-
tion of the intent of the Contract Documents, the Architect will
have authority to require additional inspection or testing of the
Work in accordance with Subparagraphs 13.5.2 and 13.5.3,
whether or not such Work is fabricated, installed or completed.
However, neither this authority of the Architect nor a decision
made in good faith either to exercise or not to exercise such
authority shall give rise to a duty or responsibility of the Archi-
tect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees, or other persons perform-
ing portions of the Work.
4.2.7 The Architect will review and approve or take other
appropriate action upon the Contractor's submittals such as
Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Docu-
ments. The Architect's action will be taken with such reason-
able promptness as to cause no delay in the Work or in the
activities of the Owner, Contractor or separate contractors,
while allowing sufficient time in the Architect's professional
judgment to permit adequate review. Review of such submittals
is not conducted for the purpose of determining the accuracy
and completeness of other details such as dimensions and
quantities, or for substantiating instructions for installation or
performance of equipment or systems, all of which remain the
responsibility of the Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submit-
tals shall not relieve the Contractor of the obligations under
Paragraphs 3.3,3.5 and 3.12. The Architect's review shall not
constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means,
methods, techniques, sequences or procedures. The Architect's
approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
4.2.8 The Architect will prepare Change Orders and Construc-
tion Change Directives, and may authorize minor changes in
the Work as provided in Paragraph 7.4.
4.2.9 The Architect will conduct inspections to determine the
date or dates of Substantial Completion and the date of final
completion, will receive and forward to the Owner for the
Owner's review and records written warranties and related
documents required by the Contract and assembled by the
Contractor, and will issue a final Certificate for Payment upon
compliance with the requirements of the Contract Documents.
4.2.10 If the Owner and Architect agree, the Architect will pro-
vide one or more project representatives to assist in carrying
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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 incorpo-
rated in the Contract Documents.
4.2.11 The Architect will interpret and decide matters concern-
ing performance under and requirements of the Contract
Documents on written request of either the Owner or Contrac-
tor. The Architect's response to such requests will be made
with reasonable promptness and within any time limits agreed
upon. If no agreement is made concerning the time within
which interpretations required of the Architect shall be fur-
nished in compliance with this Paragraph 4.2, then delay shall
not be recognized on account of failure by the Architect to fur-
nish such interpretations until 15 days after written request is
made for them.
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 making such interpretations and decisions, the
Architect will endeavor to secure faithful performance by both
Owner and Contractor, will not show partiality to either and
will not be liable for results of interpretations or decisions so
rendered in good faith.
4.2.13 The Architect's decisions on matters relating to aesthetic
effect will be final if consistent with the intent expressed in the
Contract Documents.
4.3 CLAIMS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion by one of
the parties seeking, as a matter of right, adjustment or interpre-
tation of Contract terms, payment of money, extension of time
or other relief with respect to the terms of the Contract. The
term "Claim" also includes other disputes and matters in ques-
tion between the Owner and Contractor arising out of or relat-
ing to the Contract. Claims must be made by written notice.
The responsibility to substantiate Claims shall rest with the
party making the Claim.
4.3.2 Decision of Architect. Claims, including those alleging
an error or omission by the Architect, shall be referred initially
to the Architect for action as provided in Paragraph 4.4. A deci-
sion by the Architect, as provided in Subparagraph 4.4.4, shall
be required as a condition precedent to arbitration or litigation
of a Claim between the Contractor and Owner as to all such
matters arising prior to the date final payment is due, regardless
of (1) whether such matters relate to execution and progress of
the Work or (2) the extent to which the Work has been com-
pleted. The decision by the Architect in response to a Claim
shall not be a condition precedent to arbitration or litigation in
the event (1) the position of Architect is vacant, (2) the Architect
has not received evidence or has failed to render a decision
within agreed time limits, (3) the Architect has failed to take
action required under Subparagraph 4.4.4 within 30 days after
the Claim is made, (4) 45 days have passed after the Claim has
been referred to the Architect or (5) the Claim relates to a
mechanic's lien.
4.3.3 Time Limits on Claims. Claims by either party must be
made within 2 I days after occurrence of the event giving rise to
such Claim or within 21 days after the claimant first recognizes
the condition giving rise to the Claim, whichever is later. Claims
must be made by written notice. An additional Claim made
after the initial Claim has been implemented by Change Order
will not be considered unless submitted in a timely manner.
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRL'CTION " FOURTEENTH EDITION
AIA@ . @1987 THE A:VIERICAN INSTITUTE OF ARCHITECTS. 1'.15 NEW YORK A\'ENl'E. N.W, WASHINGTON, D.C. 20006
A201.1987 11
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4.3.4 Continuing Contract Performance. Pending final reso-
lution of a Claim including arbitration, unless otherwise agreed
in writing the Contractor shall proceed diligently with perfor-
mance of the Contract and the Owner shall continue to make
payments in accordance with the Contract Documents.
4.3.5 Waiver of Claims: Final Payment. 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 aris-
ing 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.
4.3.6 Claims for Concealed or Unknown Conditions. If con-
ditions are encountered at the site which are (1) subsurface or
otherwise concealed physical conditions which differ materi-
ally from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature, which dif-
fer materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the
character provided for in the Contract Documents, then notice
by the observing party shall be given to the other party
promptly before conditions are disturbed and in no event later
than 21 days after first observance of the conditions. The Archi-
tect will promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in the Contractor's
cost of, or time required for, performance of any part of the
Work, will recommend an equitable adjustment in the Contract
Sum or Contract Time, or both. If the Architect determines that
the conditions at the site are not materially different from those
indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Architect shall so notify
the Owner and Contractor in writing, stating the reasons.
Claims by either party in opposition to such determination
must be made within 21 days after the Architect has given
notice of the decision. If the Owner and Contractor cannot
agree on an adjustment in the Contract Sum or Contract Time,
the adjustment shall be referred to the Architect for initial deter-
mination, subject to further proceedings pursuant to Paragraph
4.4.
4.3.7 Claims for Additional Cost. If the Contractor wishes to
make Claim for an increase in the Contract Sum, written notice
as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an
emergency endangering life or property arising under Para-
graph 10.3. If the Contractor believes additional cost is
involved for reasons including but not limited to (1) a written
interpretation from the Architect, (2) an order by the Owner to
stop the Work where the Contractor was not at fault, (3) a writ-
ten order for a minor change in the Work issued by the Archi-
tect, (4) failure of payment by the Owner. (5) termination of the
Contract by the Owner, (6) Owner's suspension or (7) other
reasonable grounds, Claim shall be filed in accordance with the
procedure established herein.
4.3.8 Claims for Additional Time
4.3.8.1 If the Contractor wishes to make Claim for an increase
in the Contract Time, written notice as provided herein shall be
given. The Contractor's Claim shall include an estimate of cost
and of probable effect of delay on progress of the Work. In the
case of a continuing delay only one Claim is necessary.
4.3.8.2 If adverse weather conditions are the basis for a Claim
for additional time, such Claim shall be documented by data
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substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated,
and that weather conditions had an adverse effect on the
scheduled construction.
4.3.9 Injury or Damage to Person or Property. If either party
to the Contract suffers injury or damage to person or property
because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts
such party is legally liable, written notice of such injury or
damage, whether or not insured, shall be given to the other
party within a reasonable time not exceeding 21 days after first
observance. The notice shall provide sufficient detail to enable
the other party to investigate the matter. If a Claim for addi-
tional cost or time related to this Claim is to be asserted, it shall
be filed as provided in Subparagraphs 4.3.7 or 4.3.8.
4.4 RESOLUTION OF CLAIMS AND DISPUTES
4.4.1 The Architect will review Claims and take one or more of
the following preliminary actions within ten days of receipt of a
Claim: (1) request additional supporting data from the claimant,
(2) submit a schedule to the parties indicating when the Archi-
tect expects to take action, (3) reject the Claim in whole or in
part, stating reasons for rejection, (4) recommend approval of
the Claim by the other party or (5) suggest a compromise. The
Architect may also, but is not obligated to, notify the surety, if
any, of the nature and amount of the Claim.
4.4.2 If a Claim has been resolved, the Architect will prepare or
obtain appropriate documentation.
4.4.3 If a Claim has not been resolved, the party making the
Claim shall, within ten days after the Architect's preliminary
response, take one or more of the following actions: (1) submit
additional supporting data requested by the Architect, (2)
modify the initial Claim or (3) notify the Architect that the initial
Claim stands.
4.4.4 If a Claim has not been resolved after consideration of the
foregoing and of further evidence presented by the parties or
requested by the Architect, the Architect will notify the parties
in writing that the Architect's decision will be made within
seven days, which decision shall be final and binding on the
parties but subject to arbitration. Upon expiration of such time
period, the Architect will render to the parties the Architect's
written decision relative to the Claim, including any change in
the Contract Sum or Contract Time or both. If there is a surety
and there appears to be a possibility of a Contractor's default,
the Architect may, but is not obligated to, notify the surety and
request the surety's assistance in resolving the controversy.
4.5 ARBITRATION
4.5.1 Controversies and Claims Subject to Arbitration. Any
controversy or Claim arising out of or related to the Contract,
or the breach thereof, shall be settled by arbitration in accor-
dance with the Construction Industry Arbitration Rules of the
American Arbitration Association, and judgment upon the
award rendered by the arbitrator or arbitrators may be entered
in any court having jurisdiction thereof, except controversies
or Claims relating to aesthetic effect and except those waived as
provided for in Subparagraph 4.3.5. Such controversies or
Claims upon which the Architect has given notice and rendered
a decision as provided in Subparagraph 4.4.4 shall be subject to
arbitration upon written demand of either party. Arbitration
may be commenced when 45 days have passed after a Claim
has been referred to the Architect as provided in Paragraph 4.3
and no decision has been rendered.
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AlA DOCUMENT A201 " GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDlTIO"
AIA@ . @I987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
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4.5.2 Rules and Notices for Arbitration. Claims between the
Owner and Contractor not resolved under Paragraph 4.4 shall,
if subject to arbitration under Subparagraph 4.5.1, be decided
by arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association cur-
rently in effect, unless the parties mutually agree otherwise.
Notice of demand for arbitration shall be filed in writing with
the other party to the Agreement between the Owner and Con-
tractor and with the American Arbitration Association, and a
copy shall be filed with the Architect.
4.5.3 Contract Perfonnance During Arbitration. During arbi-
tration proceedings, the Owner and Contractor shall comply
with Subparagraph 4.3.4.
4.5.4 When Arbitration May Be Demanded. Demand for arbi-
tration of any Claim may not be made until the earlier of (1) the
date on which the Architect has rendered a final written deci-
sion on the Claim, (2) the tenth day after the parties have pre-
sented evidence to the Architect or have been given reasonable
opportunity to do so, if the Architect has not rendered a final
written decision by that date, or (3) any of the five events
described in Subparagraph 4.3.2.
4.5.4.1 When a written decision of the Architect states that (1)
the decision is final but subject to arbitration and (2) a demand
for arbitration of a Claim covered by such decision must be
made within 30 days after the date on which the party making
the demand receives the final written decision, then failure to
demand arbitration within said 30 days' period shall result in
the Architect's decision becoming final and binding upon the
Owner and Contractor. If the Architect renders a decision after
arbitration proceedings have been initiated, such decision may
be entered as evidence, but shall not supersede arbitration pro-
ceedings unless the decision is acceptable to all parties
concerned.
4.5.4.2 A demand for arbitration shall be made within the time
limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause
4.5.4.1 as applicable, and in other cases within a reasonable
time after the Claim has arisen, and in no event shall it be made
after the date when institution of legal or equitable proceedings
based on such Claim would be barred by the applicable statute
of limitations as determined pursuant to Paragraph 13.7.
4.5.5 Limitation on Consolidation or Joinder. No arbitration
arising out of or relating to the Contract Documents shall
include, by consolidation or joinder or in any other manner,
the Architect, the Architect's employees or consultants, except
by written consent containing specific reference to the Agree-
ment and signed by the Architect, Owner, Contractor and any
other person or entity sought to be joined. No arbitration shall
include, by consolidation or joinder or in any other manner,
parties other than the Owner, Contractor, a separate contrac-
tor as described in Article 6 and other persons substantially
involved in a common question of fact or law whose presence
is required if complete relief is to be accorded in arbitration. ]'0;0
person or entity other than the Owner, Contractor or a separate
contractor as described in Article 6 shall be included as an orig-
inal third party or additional third party to an arbitration whose
interest or responsibility is insubstantial. Consent to arbitration
involving an additional person or entity shall not constitute
consent to arbitration of a dispute not described therein or ~'ith
a person or entity not named or described therein. The fore-
going 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 appli-
cable law in any court having jurisdiction thereof,
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4.5.6 Claims and Timely Assertion of Claims. A party who
files a notice of demand for arbitration must assert in the
demand all Claims then known to that party on which arbitra-
tion is permitted to be demanded, When a party fails to include
a Claim through oversight, inadvertence or excusable neglect,
or when a Claim has matured or been acquired subsequently,
the arbitrator or arbitrators may permit amendment.
4.5.7 Judgment on Final Award. The award rendered by the
arbitrator or arbitrators shall be final, and judgment may be
entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subcontractor is a person or entity who has a direct
contract with the Contractor to perform a portion of the Work
at the site. The term "Subcontractor" is referred to throughout
the Contract Documents as if singular in number and means a
Subcontractor or an authorized representative of the Subcon-
tractor. The term "Subcontractor" does not include a separate
contractor or subcontractors of a separate contractor.
5.1.2 A Sub-subcontractor is a person or entity who has a
direct or indirect contract with a Subcontractor to perform a
portion of the Work at the site. The term "Sub-subcontractor"
is referred to throughout the Contract Documents as if singular
in number and means a Sub-subcontractor or an authorized
representative of the Sub-subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Cnless otherwise stated in the Contract Documents or
the bidding requirements, the Contractor, as soon as prac-
ticable after award of the Contract, shall furnish in writing to
the Owner through the Architect the names of persons or enti-
ties (including those who are to furnish materials or equipment
fabricated to a special design) proposed for each principal por-
tion of the Work. The Architect will promptly reply to the Con-
tractor in writing stating whether or not the Owner or the
Architect, after due investigation, has reasonable objection to
an\' such proposed person or entity. Failure of the Owner or
Architect to reply promptly shall constitute notice of no reason-
able objection.
5.2.2 The Contractor shall not contract with a proposed per-
son or entity to whom the Owner or Architect has made rea-
SOluble and timely objection, The Contractor shall not be
required to contract with anyone to whom the Contractor has
made reasonable objection.
5.2.3 If the Owner or Architect has reasonable objection to a
person or entity proposed by the Contractor, the Contractor
shall propose another to whom the Owner or Architect has no
reasonable objection. The Contract Sum shall be increased or
decreased by the difference in cost occasioned by such ch;mge
and an appropriate Change Order shall be issued. However, no
increase in the Contract Sum shall be allowed for such change
unless the Contractor has acted promptly and responsively in
submitting names as required.
5.2.4 The Contractor shall not change a Subcontractor, person
or entin' previously selected if the Owner or Architect makes
reasonable objection to such change.
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5.3 SUBCONTRACTUAL RELATIONS
5.3.1 By appropriate agreement, written where legally required
for validity, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor,
to be bound to the Contractor by terms of the Contract Docu-
ments, and to assume toward the Contractor all the obligations
and responsibilities which the Contractor, by these Docu-
ments, assumes toward the Owner and Architect. Each subcon-
tract agreement shall preserve and protect the rights of the
Owner and Architect under the Contract Documents with
respect to the Work to be performed by the Subcontractor so
that subcontracting thereof will not prejudice such rights, and
shall allow to the Subcontractor, unless specifically provided
otherwise in the subcontract agreement, the benefit of all
rights, remedies and redress against the Contractor that the
Contractor, by the Contract Documents, has against the
Owner. Where appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub-sub-
contractors. The Contractor shall make available to each pro-
posed Subcontractor, prior to the execution of the subcontract
agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and condi-
tions of the proposed subcontract agreement which may be at
variance with the Contract Documents. Subcontractors shall
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:
.1 assignment is effective only after termination of the
Contract by the Owner for cause pursuant to Para-
graph 14.2 and only for those subcontract agreements
which the Owner accepts by notifying the Subcon-
tractor in writing; and
.2 assignment is subject to the prior rights of the surety,
if any, obligated under bond relating to the Contract.
5,4.2 If the Work has been suspended for more than 30 days,
the Subcontractor's compensation shall be equitably adjusted.
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 por-
tions of the Project or other construction or operations on the
site under Conditions of the Contract identical or substantially
similar to these including those portions related to insurance
and waiver of subrogation. If the Contractor claims that delay
or additional cost is involved because of such action by the
Owner, the Contractor shall make such Claim as provided else-
where in the Contract Documents.
6.1.2 When separate contracts are awarded for different por-
tions of the Project or other construction or operations on the
site, the term "Contractor" in the Contract Documents in each
case shall mean the Contractor who executes each separate
Owner-Contractor Agreement.
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6.1.3 The Owner shall provide for coordination of the activi-
ties of the Owner's own forces and of each separate contractor
with the Work of the Contractor, who shall cooperate with
them. The Contractor shall participate with other separate con-
tractors and the Owner in reviewing their construction sched-
ules when directed to do so. The Contractor shall make any
revisions to the construction schedule and Contract Sum
deemed necessary after a joint review and mutual agreement.
The construction schedules shall then constitute the schedules
to be used by the Contractor, separate contractors and the
Owner until subsequently revised.
6.1.4 l'nless 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 shall be
deemed to be subject to the same obligations and to have the
same rights which apply to the Contractor under the Condi-
tions of the Contract, including, without excluding others,
those stated in Article 3, this Article 6 and Articles 10, 1 I
and 12.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shall afford the Owner and separate con-
tractors reasonable opportunity for introduction and storage of
their materials and equipment and performance of their activi-
ties and shall connect and coordinate the Contractor's con-
struction and operations with theirs as required by the Contract
Documents,
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 portion of the Work, promptly report to
the Architect apparent discrepancies or defects in such other
construction that would render it unsuitable for such proper
execution and results. Failure of the Contractor so to report
shall constitute an acknowledgment that the Owner's or sepa-
rate contractors' 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 Costs caused by delays or by improperly timed activities
or defective construction shall be borne by the party responsi-
ble therefor.
6.2.4 The Contractor shall promptly remedy damage wrong-
fully caused by the Contractor to completed or partially com-
pleted construction or to property of the Owner or separate
contractors as provided in Subparagraph 10.2.5.
6.2.5 Claims and other disputes and matters in question
between the Contractor and a separate contractor shall be sub-
ject to the provisions of Paragraph 4.3 provided the separate
contractor has reciprocal obligations.
6.2.6 The Owner and each separate contractor shall have the
same responsibilities for cutting and patching as are described
for the Contractor in Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arises among the Contractor, separate con-
tractors and the Owner as to the responsibility under their
respective contracts for maintaining the premises and surround-
ing area free from waste materials and rubbish as described in
Paragraph 3.15, the Owner may clean up and allocate the cost
among those responsible as the Architect determines to be just.
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ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Changes in the Work may be accomplished after execu-
tion of the Contract, and without invalidating the Contract, by
Change Order, Construction Change Directive or order for a
minor change in the Work, subject to the limitations stated in
this Article 7 and elsewhere in the Contract Documents.
7.1.2 A Change Order shall be based upon agreement among
the Owner, Contractor and Architect; a Construction Change
Directive requires agreement by the Owner and Architect and
mayor may not be agreed to by the Contractor; an order for a
minor change in the Work may be issued by the Architect
alone.
7.1.3 Changes in the Work shall be performed under appli-
cable provisions of the Contract Documents, and the Contrac-
tor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a
minor change in the Work.
7.1.4 If unit prices are stated in the Contract Documents or
subsequently agreed upon, and if quantities originally con-
templated are so changed in a proposed Change Order or Con-
struction Change Directive 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.
7.2 CHANGE ORDERS
7.2.1 A Change Order is a written instrument prepared by the
Architect and signed by the Owner, Contractor and Architect,
stating their agreement upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if
any; and
.3 the extent of the adjustment in the Contract Time, if
any.
7.2.2 Methods used in determining adjustments to the Contract
Sum may include those listed in Subparagraph 7.3.3.
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.1 A Construction Change Directive is a written order pre-
pared by the Architect and signed by the Owner and Architect,
directing a change in the Work and stating a proposed basis for
adjustment, if any, in the Contract Sum or Contract Time, or
both. The Owner may by Construction Change Directive,
without invalidating the Contract, order changes in the Work
within the general scope of the Contract consisting of addi-
tions, deletions or other revisions, the Contract Sum and Con-
tract Time being adjusted accordingly.
7.3.2 A Construction Change Directive shall be used in the
absence of total agreement on the terms of a Change Order.
7.3.3 If the Construction Change Directive provides for an
adjustment to the Contract Sum, the adjustment shall be based
on one of the following methods:
.1 mutual acceptance of a lump sum properly itemized
and supported by sufficient substantiating data to per-
mit evaluation;
.2 unit prices stated in the Contract Documents or sub-
sequently agreed upon;
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.3 cost to be determined in a manner agreed upon by
the parties and a mutually acceptable fixed or percent-
age fee; or
.4 as provided in Subparagraph 7.3.6.
7.3.4 Upon receipt of a Construction Change Directive, the
Contractor shall promptly proceed with the change in the
Work involved and advise the Architect of the Contractor's
agreement or disagreement with the method, if any, provided
in the Construction Change Directive for determining the pro-
posed adjustment in the Contract Sum or Contract Time.
7.3.5 A Construction Change Directive signed by the Contrac-
tor indicates the agreement of the Contractor therewith, includ-
ing adjustment in Contract Sum and Contract Time or the
method for determining them. Such agreement shall be effec-
tive immediately and shall be recorded as a Change Order.
7.3.6 If the Contractor does not respond promptly or disagrees
with the method for adjustment in the Contract Sum, the
method and the adjustment shall be determined by the Archi-
tect on the basis of reasonable expenditures and savings of
those performing the Work attributable to the change, includ-
ing, in case of an increase in the Contract Sum, a reasonable
allowance for overhead and profit. In such case, and also under
Clause 7.3.3.3, the Contractor shall keep and present, in such
form as the Architect may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwise
provided in the Contract Documents, costs for the purposes of
this Subparagraph 7.3.6 shall be limited to the following:
.1 costs of labor, including social security, old age and
unemployment insurance, fringe benefits required by
agreement or custom, and workers' or workmen's
compensation insurance;
.2 costs of materials, supplies and equipment, includ-
ing cost of transportation, whether incorporated or
consumed;
.3 rental costs of machinery and equipment, exclusive of
hand tools, whether rented from the Contractor or
others;
.4 costs of premiums for all bonds and insurance, permit
fees, and sales, use or similar taxes related to the
Work; and
.5 additional costs of supervision and field office person-
nel directly attributable to the change.
7.3.7 Pending final determination of cost to the Owner,
amounts not in dispute may be included in Applications for
Payment. The amount of credit to be allowed by the Contrac-
tor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as con-
firmed by the Architect. When both additions and credits
covering related Work or substitutions are involved in a
change, the allowance for overhead and profit shall be figured
on the basis of net increase, if any, with respect to that change.
7.3.8 If the Owner and Contractor do not agree with the
adjustment in Contract Time or the method for determining it,
the adjustment or the method shall be referred to the Architect
for determination.
7.3.9 When the Owner and Contractor agree with the deter-
mination made by the Architect concerning the adjustments in
the Contract Sum ancl Contract Time, or otherwise reach agree-
ment upon the adjustments, such agreement shall be effective
immediately and shall be recorded by preparation and execu-
tion of an appropriate Change Order.
AlA DOCUMENT A201 " GENERAL CONDITIONS OF THE CONTRACT FOR CO:\STRlCTION . FOURTEENTH EDITION
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7.4 MINOR CHANGES IN THE WORK
7.4.1 The Architect will have authority to order minor changes
in the Work not involving adjustment in the Contract Sum or
extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be
effected by written order and shall be binding on the Owner
and Contractor. The Contractor shall carry out such written
orders promptly.
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 Con-
tract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date
established in the Agreement. The date shall not be postponed
by the failure to act of the Contractor or of persons or entities
for whom the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified
by the Architect in accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall
mean calendar day unless otherwise specifically defined.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in the Contract Documents are of the
essence of the Contract. By executing the Agreement the Con-
tractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agree-
ment or instruction of the Owner in writing, prematurely com-
mence operations on the site or elsewhere prior to the effective
date of insurance required by Article II to be furnished by the
Contractor. The date of commencement of the Work shall not
be changed by the effective date of such insurance. Unless the
date of commencement is established by a notice to proceed
given by the Owner, the Contractor shall notify the Owner in
writing not less than five days or other agreed period before
commencing the Work to permit the timelv filing of mortgages,
mechanic's liens and other security interests.
8.2.3 The Contractor shall proceed expeditioLlslv with ade-
quate forces and shall achieve Substantial Completion within
the Contract Time.
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 If the Contractor is delayed at any time in progress of the
Work by an act or neglect of the Owner or Architect, or of an
employee of either, or of a separate contractor employed by
the Owner, or by changes ordered in the \'fork, or by labor
disputes, fire, unusual delay in deliveries, unavoidable casualties
or other causes beyond the Contractor's control, or by delay
authorized by the Owner pending arbitration, or by other
causes which the Architect determines may justify delay, then
the Contract Time shall be extended by Change Order for such
reasonable time as the Architect may determine.
8.3.2 Claims relating to time shall be made in accordance with
applicable provisions of Paragraph 4.3.
8.3.3 This Paragraph 8.3 does not preclude recovery of dam-
ages for delay by either party under other provisions of the
Contract Documents.
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ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contract Sum is stated in the Agreement and, includ-
ing authorized adjustments, is the total amount payable by the
Owner to the Contractor for performance of the Work under
the Comract Documents.
9.2 SCHEDULE OF VALUES
9.2.1 Before the first Application for Payment, the Contractor
shall submit to the Architect a schedule of values allocated to
various portions of the Work, prepared in such form and sup-
ported bv sLlch 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 Applica-
tions for Pavment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date established for each
progress payment, the Contractor shall submit to the Architect
an itemized Application for Payment for operations completed
in accordance with the schedule of values. Such application
shall be notarized, if required, and supported by such data
substantiating the Contractor's right to payment as the Owner
or Architect may require, such as copies of requisitions from
Subcontractors and material suppliers, and reflecting retainage
if provided for elsewhere in the Contract Documents.
9.3.1.1 Such applications may include requests for payment on
accoum of changes in the Work which have been properly
authorized by Construction Change Directives but not yet
included in Change Orders.
9.3.1.2 Such applications may not include requests for pay-
mem of ;unounts the Contractor does not intend to pay to a
Subcontractor or material supplier because of a dispute or other
reason.
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 incor-
poration in the Work. If approved in advance by the Owner,
payment may similarly be made for materials and equipment
suitably stored off the site at a location agreed upon in writing.
Payment for materials and equipment stored on or off the site
shall be conditioned upon compliance by the Contractor with
procedures satisfactory to the Owner to establish the Owner's
title to such materials and equipment or otherwise protect the
Owner's interest, and shall include applicable insurance,
storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants that title to all Work covered by
an Application for Payment will pass to the Owner no later than
the time of payment. The Contractor further warrants that
upon submittal of an Application for Payment all Work for
which Certificates for Payment have been previously issued
and payments received from the Owner shall, to the best of the
Contractor's knowledge, information and belief, be free and
clear of liens, claims, security interests or encumbrances in
favor of the Contractor, Subcontractors, material suppliers, or
other persons or entities making a claim by reason of having
provided labor, materials and equipment relating to the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will, within seven days after receipt of the
Contractor's Application for Payment, either issue to the
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Owner a Certificate for Payment, with a copy to the Contrac-
tor, for such amount as the Architect determines is properly
due, or notify the Contractor and Owner in writing of the
Architect's reasons for withholding certification in whole or in
part as provided in Subparagraph 9.5.1.
9.4.2 The issuance of a Certificate for Payment will constitute a
representation by the Architect to the Owner, based on the
Architect's observations at the site and the data comprising the
Application for Payment, that the Work has progressed to the
point indicated and that, to the best of the Architect's knowl-
edge, information and belief, quality of the Work is in accor-
dance with the Contract Documents. The foregoing representa-
tions 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 minor deviations
from the Contract Documents correctable prior to completion
and to specific qualifications expressed by the Architect. The
issuance of a Certificate for Payment will further constitute a
representation that the Contractor is entitled to payment in the
amount certified. However, the issuance of a Certificate for Pay-
ment will not be a representation that the Architect has (1)
made exhaustive or continuous on-site inspections to check the
quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors
and material suppliers and other data requested by the Owner
to substantiate the Contractor's right to payment or (4) made
examination to ascertain how or for what purpose the Contrac-
tor has used money previously paid on account of the Contract
Sum.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 The Architect may decide not to certify payment and
may withhold a Certificate for Payment in whole or in part, to
the extent reasonably necessary to protect the Owner, if in the
Architect's opinion the representations to the Owner required
by Subparagraph 9.4.2 cannot be made. If the Architect is
unable to certify payment in the amount of the Application, the
Architect will notify the Contractor and Owner as provided in
Subparagraph 9.4.1. If the Contractor and Architect cannot
agree on 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 Archi-
tect may also decide not to certify payment or, because of
subsequently discovered evidence or subsequent observations,
may nullify the whole or a part of a Certificate for Payment
previously issued, to such extent as may be necessary in the
Architect's opinion to protect the Owner from loss because of:
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicat-
ing probable filing of such claims;
.3 failure of the Contractor to make payments prop-
erly to Subcontractors or for labor, materials or
equipment;
.4 reasonable evidence that the Work cannot be com-
pleted for the unpaid balance of the Contract Sum:
.5 damage to the Owner or another contractor:
.6 reasonable evidence that the Work will not be com-
pleted within the Contract Time, and that the unpaid
balance would not be adequate to cover actual or
liquidated damages for the anticipated delay; or
.7 persistent failure to carry out the Work in accordance
with the Contract Documents.
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9.5.2 When the above reasons for withholding certification are
removed, certification will be made for amounts previously
withheld.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect has issued a Certificate for Payment,
the Owner shall make payment in the manner and within the
time provided in the Contract Documents, and shall so notify
the Architect.
9.6.2 The Contractor shall promptly pay each Subcontractor,
upon receipt of payment from the Owner, out of the amount
paid to the Contractor on account of such Subcontractor's por-
tion of the Work, the amount to which said Subcontractor is
entitled, reflecting percentages actually retained from payments
to the Contractor on account of such Subcontractor's portion
of the Work. The Contractor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make
payments to Sub-subcontractors in similar manner.
9.6.3 The Architect will, on request, furnish to a Subcontrac-
tor, if practicable, information regarding percentages of com-
pletion or amounts applied for by the Contractor and action
taken thereon by the Architect and Owner on account of por-
tions of the Work done by such Subcontractor.
9.6.4 Neither the Owner nor Architect shall have an obligation
to pay or to see to the payment of money to a Subcontractor
except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner
similar to that provided in Subparagraphs 9.6.2,9.6.3 and 9.6.4.
9.6.6 A Certificate for Payment, a progress payment, or partial
or entire use or occupancy of the Project by the Owner shall
nor constitute acceptance of Work not in accordance with the
Contract Documents.
9.7 FAILURE OF PAYMENT
9.7.1 If the Architect does not issue a Certificate for Payment,
through no fault of the Contractor, within seven days after
receipt of the Contractor's Application for Payment, or if the
Owner does not pay the Contractor within seven days after the
date established in the Contract Documents the amount cer-
tified by the Architect or awarded by arbitration, then the Con-
tractor may, upon seven additional days' written notice to the
O",,'ner and Architect, stop the Work until payment of the
amount owing has been received. The Contract Time shall be
extended appropriately and the Contract Sum shall be
increased by the amount of the Contractor's reasonable costs of
shut-down, delay and start-up, which shall be accomplished as
provided in Article 7.
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 suffi-
ciently complete in accordance with the Contract Documents
so the Owner can occupv or utilize the Work for its intended
use.
9.8.2 \v'hen the Contractor considers that the Work, or a por-
tion thereof which the Owner agrees to accept separately, is
substantially complete, the Contractor shall prepare and submit
to the Architect a comprehensive list of items to be completed
or corrected. The Contractor shall proceed promptly to com-
plete and correct items on the list. 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 Docu-
ments. Upon receipt of the Contractor's list, the Architect will
make an inspection to determine whether the Work or desig-
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nated portion thereof is substantially complete. If the
Architect's inspection discloses any item, whether or not
included on the Contractor's list, which is not in accordance
with the requirements of the Contract Documents, the Contrac-
tor shall, before issuance of the Certificate of Substantial Com-
pletion, complete or correct such item upon notification by the
Architect. The Contractor shall then submit a request for
another inspection by the Architect to determine Substantial
Completion. When the Work or designated portion thereof is
substantially complete, the Architect will prepare a Certificate
of Substantial Completion which shall establish the date of Sub-
stantial 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 Con-
tract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless
otherwise provided in the Certificate of Substantial Comple-
tion. The Certificate of Substantial Completion shall be sub-
mitted to the Owner and Contractor for their written accep-
tance of responsibilities assigned to them in such Certificate.
9.8.3 Upon Substantial Completion of the Work or designated
portion thereof and upon application by the Contractor and
certification by the Architect, the Owner shall make payment,
reflecting adjustment in retainage, if any, for such Work or por-
tion thereof as provided in the Contract Documents.
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner may occupy or use any completed or par-
tially completed portion of the Work at any stage when such
portion is designated by separate agreement with the Contrac-
tor, provided such occupancy or use is consented to by the
insurer as required under Subparagraph 11.3.11 and authorized
by public authorities having jurisdiction over the Work. 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, secu-
rity, maintenance, heat, utilities, damage to the Work and insur-
ance, and have agreed in writing concerning the period for cor-
rection of the Work and commencement of warranties
required by the Contract Documents. When the Contractor
considers a portion substantially complete. the Contractor shall
prepare and submit a list to the Architect as provided under
Subparagraph 9.8.2. Consent of the Contractor to partial occu-
pancy or use shall not be unreasonably withheld. The stage of
the progress of the Work shall be determined by written agree-
ment between the Owner and Contractor or, if no agreement is
reached, by decision of the Architect.
9.9,2 Immediately prior to such partial occupancy or use, the
Owner, Contractor and Architect shall jointly inspect the area
to be occupied or portion of the Work to be used in order to
determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use
of a portion or portions of the Work shall not constitute accep-
tance of Work not complying with the requirements of the
Contract Documents.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 Upon receipt of written notice that the Work is ready
for final inspection and acceptance and upon receipt of a final
Application for Payment, the Architect will promptly make
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such inspection and, when the Architect finds the Work accept-
able under the Contract Documents and the Contract fully per-
formed, 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
observations and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Docu-
ments and that the entire balance found to be due the Contrac-
tor and noted in said final Certificate is due and payable. The
Architect's final Certificate for Payment will constitute a further
representation that conditions listed in Subparagraph 9.10.2 as
precedent to the Contractor's being entitled to final payment
have been fulft1led.
9.10.2 ;\!either final payment nor any remammg retained
percentage shall become due until the Contractor submits to
the Architect (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work
for which the Owner or the Owner's property might be
responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise satisfied, (2) a certificate evidenc-
ing that insurance required by the Contract Documents to
remain in force after final payment is currently in effect and will
not be cancelled or allowed to expire until at least 30 days'
prior written notice has been given to the Owner, (3) a written
statement that the Contractor knows of no substantial reason
that the insurance will not be renewable to cover the period
required by the Contract Documents, (4) consent of surety, if
any, to final payment and (5), if required by the Owner, other
data establishing payment or satisfaction of obligations, such as
receipts, releases and waivers of liens, claims, security interests
or encumbrances arising out of the Contract, to the extent and
in such form as may be designated by the Owner. If a Subcon-
tractor refuses to furnish a release or waiver required by the
Owner, the Contractor may furnish a bond satisfactory to the
Owner to indemnify the Owner against such lien. If such lien
remains unsatisfied after payments are 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.
9.10.3 If. after Substantial Completion of the Work, final com-
pletion 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 Owner shall,
upon application by the Contractor and certification by the
Architect, and without terminating the Contract, make payment
of the balance due for that portion of the Work fully completed
and accepted. If the remaining balance for Work not fully com-
pleted or corrected is less than retainage stipulated in the Con-
tract Documents, and if bonds have been furnished, the written
consent of surety to payment of the balance due for that por-
tion of the Work fully completed and accepted shall be submit-
ted by the Contractor to the Architect prior to certification of
such payment. Such payment shall be made under terms and
conditions governing final payment, except that it shall not
constitute a waiver of claims. The making of final payment shall
constitute a waiver of claims by the Owner as provided in Sub-
paragraph 4.3.5.
9.10.4 Acceptance of final payment by the Contractor, a Sub-
contractor or material supplier shall constitute a waiver of
claims by that payee except those previously made in writing
and identified by that payee as unsettled at the time of final
Application for Payment. Such waivers shall be in addition to
the waiver described in Subparagraph 4.3.5.
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ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Contractor shall be responsible for initiating, main-
taining and supervising all safety precautions and programs in
connection with the performance of the Contract.
10.1.2 In the event the Contractor encounters on the site
material reasonably believed to be asbestos or polychlorinated
biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected
and report the condition to the Owner and Architect in writing.
The Work in the affected area shall not thereafter be resumed
except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (PCB)
and has not been rendered harmless. The Work in the affected
area shall be resumed in the absence of asbestos or polychlori-
nated biphenyl (PCB), or when it has been rendered harmless,
by written agreement of the Owner and Contractor, or in
accordance with final determination by the Architect on which
arbitration has not been demanded, or by arbitration under
Article 4.
10.1.3 The Contractor shall not be required pursuant to Article
7 toperform without consent any Work relating to asbestos or
polychlorinated biphenyl (PCB).
10.1.4 To the fullest extent permitted by law, the Owner shall
indemnify and hold harmless the Contractor, Architect, Archi-
tect's consultants and agents and employees of any of them
from and against claims, damages, losses and expenses, includ-
ing 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 is asbestos or polychlorinated biphenyl (PCB) 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) including loss of use resulting
therefrom, but only to the extent caused in whole or in part by
negligent acts or omissions of the Owner, anyone directly or
indirectly employed by the Owner or anyone for whose acts
the Owner may be liable, regardless of whether or not such
claim, damage, loss or expense is caused in part by a party
indemnified hereunder. Such obligation shall not be construed
to negate, abridge, or reduce other rights or obligations of
indemnity which would otherwise exist as to a party or person
described in this Subparagraph 10.1.4.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor shall take reasonable precautions for
safety of, and shall provide reasonable protection to prevent
damage, injury or loss to:
.1 employees on the Work and other persons who may
be affected thereby;
.2 the Work and materials and equipment to be incorpo-
rated therein, whether in storage on or off the site,
under care, custody or control of the Contractor or
the Contractor's Subcontractors or Sub-subcontrac-
tors; and
.3 other property at the site or adjacent thereto, such as
trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relo-
cation or replacement in the course of construction.
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10.2.2 The Contractor shall give notices and comply with
applicable laws, ordinances, rules, regulations and lawful orders
of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by
existing conditions and performance of the Contract, reason-
able safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating
safety regulations and notifying owners and users of adjacent
sites and utilities.
10.2.4 When use or storage of explosives or other hazardous
materials or equipment or unusual methods are necessary for
execution of the Work, the Contractor shall exercise utmost
care and carryon such activities under supervision of properly
qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss
(other than damage or loss insured under property insurance
required by the Contract Documents) to property referred to in
Clauses 10.2.1.2 and 10.2.1.3 caused in whole or in part by the
Contractor, a Subcontractor, a Sub-subcontractor, or anyone
directly or indirectly employed by any of them, or by anyone
for whose acts they may be liable and for which the Contractor
is responsible under Clauses 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 of them may
be liable, and not attributable to the fault or negligence of the
Contractor. The foregoing obligations of the Contractor are in
addition to the Contractor's obligations under Paragraph 3.18,
10.2.6 The Contractor shall designate a responsible member of
the Contractor's organization at the site whose duty shall be the
prevention of accidents, This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor
in writing to the Owner and Architect.
10.2.7 The Contractor shall not load or permit any part of the
construction or site to be loaded so as to endanger its safety.
10.3 EMERGENCIES
10.3.1 In an emergency affecting safety of persons or property,
the Contractor shall act, at the Contractor's discretion, to pre-
vent threatened damage, injury or loss. Additional compensa-
tion or extension of time claimed by the Contractor on account
of an emergency shall be determined as provided in Paragraph
-t.3 and Article 7.
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall purchase from and maintain in a
company or companies lawfully authorized to do business in
the jurisdiction in which the Project is located such insurance as
will protect the Contractor from claims set forth below which
may arise out of or result from the Contractor's operations
under the Contract and for which the Contractor may be legally
liable, whether such operations be by the Contractor or by a
Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be
liable:
.1 claims under workers' or workmen's compensation,
disability benefit and other similar employee benefit acts
which are applicable to the Work to be performed;
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.2 claims for damages because of bodily injury, occupa-
tional sickness or disease, or death of the Contractor's
employees;
.3 claims for damages because of bodily injury, sickness
or disease, or death of any person other than the Con-
tractor's employees;
.4 claims for damages insured by usual personal injury
liability coyerage which are sustained (1) by a person
as a result of an offense directly or indirectly related to
employment of such person by the Contractor, or (2)
by another person;
.5 claims for damages, other than to the Work itself,
because of injury to or destruction of tangible prop-
erty, including loss of use resulting therefrom;
.6 claims for damages because of bodily injury, death of
a person or property damage arising out of owner-
ship, maintenance or use of a motor vehicle; and
.7 claims involving contractual liability insurance appli-
cable to the Contractor's obligations under Paragraph
318.
11.1.2 The insurance required by Subparagraph 11.1.1 shall be
written for not less than limits of liability specified in the Con-
tract Documents or required by law, whichever coverage is
greater. Coverages, whether written on an occurrence or
claims-made basis, shall be maintained without interruption
from date of commencement of the Work until date of tinal
payment and termination of any coverage required to be main-
tained after final payment.
11.1.3 Certificates of Insurance acceptable to the Owner shall
be filed with the Owner prior to commencement of the Work.
These Certificates and the insurance policies required by this
Paragraph 11.1 shall contain a provision that coverages
afforded under the policies will not be cancelled or allowed to
expire until at least 30 days' prior written notice has been given
to the Owner. If any of the foregoing insurance coverages are
required to remain in force after final payment and are reason-
ably available, an additional certificate evidencing continuation
of such coverage shall be submitted with the final Application
for Payment as required by Subparagraph 9.10.2. Information
concerning reduction of coverage shall be furnished by the
Contractor with reasonable promptness in accordance with the
Contractor's information and belief.
11.2 OWNER'S LIABILITY INSURANCE
11.2.1 The Owner shall be responsible for purchasing and
maintaining the Owner's usual liability insurance. Optionally,
the Owner may purchase and maintain other insurance for self-
protection against claims which may arise from operations
under the Contract. The Contractor shall not be responsible
for purchasing and maintaining this optional Owner's liability
insurance unless specifically required by the Contract
Documents.
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 in the amount of the initial Con-
tract Sum as well as subsequent modifications thereto for the
entire Work at the site on a replacement cost basis \\'ithout vol-
untary deductibles. Such property insurance shall be main-
tained, unless otherwise provided in the Contract Documents
or otherwise agreed in writing by all persons ami entities who
are beneficiaries of such insurance, until final payment has been
made as provided in Paragraph 9.10 or until no person or entity
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other than the Owner has an insurable interest in the property
required by this Paragraph 11.3 to be covered, whichever is
earlier. This insurance shall include interests of the Owner, the
Contractor, Subcontractors and Sub-subcontractors in the
\X'ork.
11.3.1.1 Property insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage
and physical loss or damage including, without duplication of
coverage, theft, vandalism, malicious mischief, collapse, false-
\"\'ork, temporary buildings and debris removal including
demolition occasioned by enforcement of any applicable legal
requirements, and shall cover reasonable compensation for
Architect's services and expenses required as a result of such
insured loss. Coverage for other perils shall not be required
unless otherwise provided in the Contract Documents.
11.3.1.2 If the Owner does not intend to purchase such prop-
erty insurance required by the Contract and with all of the
coverages in the an10unt described above, the Owner shall so
inform the Contractor in writing prior to commencement of
the Work. The Contractor may then effect insurance which 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 Contrac-
tor is damaged by the failure or neglect of the Owner to pur-
chase or maintain insurance as described above, without so
notifying the Contractor, then the Owner shall bear all reason-
able costs properly attributable thereto.
11.3.1.3 If the property insurance requires minimum deducti-
bles and such deductibles are identified in the Contract Docu-
ments, the Contractor shall pay costs not covered because of
such deductibles. If the Owner or insurer increases the required
minimum deductibles above the amounts so identified or if the
Owner elects to purchase this insurance with voluntary deduc-
tible amounts, the Owner shall be responsible for payment of
the additional costs not covered because of such increased or
voluntary deductibles. If deductibles are not identified in the
Contract Documents, the Owner shall pay costs not covered
because of deductibles.
11.3.1.4 Unless otherwise provided in the Contract Docu-
ments, this property insurance shall cover portions of the Work
stored off the site after written approval of the Owner at the
value established in the approval, and also portions of the Work
in transit.
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
specificalh' 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-
subcontra,ctors in the \X1ork, 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 losses 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 for other special haz-
ards be included in the property insurance policy, the Owner
shalL if possible, include such insurance, and the cost thereof
shall be charged to the Contractor by appropriate Change
Order.
20 A201-1987
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11.3.5 If during the Project construction period the Owner
insures properties, real or personal or both, adjoining or adja-
cent to the site by property insurance under policies separate
from those insuring the Project, or if after final payment prop-
erty insurance is to be provided on the completed Project
through a policy or policies other than those insuring the Proj-
ect during the construction period, the Owner shall waive all
rights in accordance with the terms of Subparagraph 11.3.7 for
damages caused by fire or other perils covered by this separate
property insurance. All separate policies shall provide this
waiver of subrogation by endorsement or otherwise.
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11.3.6 Before an exposure to loss may occur, the Owner shall
file with the Contractor a copy of each policy that ihcludes
insurance coverages required by this Paragraph 11.3. Each
policy shall contain all generally applicable conditions, defini-
tions, exclusions and endorsements related to this Project. Each
policy shall contain a provision that the policy will not be
cancelled or allowed to expire until at least 30 days' prior writ-
ten notice has been given to the Contractor.
11.3.7 Waivers of Subrogation. The Owner and Contractor
waive all rights against (1) each other and any of their subcon-
tractors, 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 sub-
contractors, sub-subcontractors, agents and employees, for
damages caused by fire or other perils to the extent covered by
property insurance obtained pursuant to this Paragraph 11.3 or
other property insurance applicable to the Work, except such
rights as they have to proceeds of such insurance held by the
Owner as fiduciary. The Owner or Contractor, as appropriate,
shall require of the Architect, Architect's consultants, separate
contractors described in Article 6, if any, and the subcontrac-
tors, sub-subcontractors, agents and employees of any of them,
by appropriate agreements, written where legally required for
validity, similar waivers each in favor of other parties enum-
erated herein, The policies shall provide such waivers of subro-
gation by endorsement or otherwise. A waiver of subrogation
shall be effective as to a person or entity even though that per-
son 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 Owner's property insurance shall
be adjusted by the Owner as fiduciary and made payable to the
Owner as fiduciary for the insureds, as their interests may
appear, subject to requirements of any applicable mortgagee
clause and of Subparagraph 11.3.10. The Contractor shall pav
Subcontractors their just shares of insurance proceeds received
by the Contractor, and by appropriate agreements, written
where legally required for validity, shall require Subcontractors
to make payments to their Sub-subcontractors in similar
manner.
11.3.9 If required in writing by a party in interest, the Owner
as fiduciary shall, upon occurrence of an insured loss, give
bond for proper performance of the Owner's duties. The cost
of required bonds shall be charged against proceeds received as
fiduciary. The Owner shall deposit in a separate account pro-
ceeds so received, which the Owner shall distribute in accor-
dance with such agreement as the parties in interest may reach,
or in accordance with an arbitration award in which case the
procedure shall be as provided in Paragraph 4.5. 1f after such
loss no other special agreement is made, replacement of dam-
aged property shall be covered by appropriate Change Order.
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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 exercise of this power; if such objection be
made, arbitrators shall be chosen as provided in Paragraph 4.5.
The Owner as fiduciary shall, in that case, make settlement with
insurers in accordance with directions of such arbitrators. If
distribution of insurance proceeds by arbitration is required,
the arbitrators will direct such distribution.
11.3.11 Partial occupancy or use in accordance with Paragraph
9.9 shall not commence until the insurance company or com-
panies providing property insurance have consented to such
partial occupancy or use by endorsement or otherwise. The
Owner and the Contractor shall take reasonable steps to obtain
consent of the insurance company or companies and shall,
\yithout mutual written consent, take no action with respect to
partial occupancy or use that would cause cancellation, lapse or
reduction of insurance.
11.4 PERFORMANCE BOND AND PAYMENT BOND
11.4.1 The Owner shall have the right to require the Contrac-
tor to furnish bonds covering faithful performance of the Con-
tract and payment of obligations arising thereunder as stipu-
lated in bidding requirements or specifically required in the
Contract Documents on the date of execution of the Contract.
11.4.2 Cpon the request of any person or entity appearing to
be a potential beneficiary of bonds covering payment of obliga-
tions arising under the Contract, the Contractor shall promptly
furnish a copy of the bonds or shall permit a copy to be made,
ARTICLE 12
UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 If a portion of the Work is covered contrary to the
Architect's request or to requirements specifically expressed in
the Contract Documents, it must, if required in writing by the
Architect. be uncovered for the Architect's observation 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 which the
Architect has not specifically requested to observe prior to its
being covered, the Architect may request to see such Work and
it shall be uncovered by the Contractor. If such Work is in
accordance with the Contract Documents, costs of uncover-
ing and replacement shall, by appropriate Change Order, be
charged to the Owner. If such Work is not in accordance with
the Contract Documents, the Contractor shall pay such costs
unless the condition was caused by the 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 The Contractor shall promptly correct Work rejected
by the Architect or failing to conform to the requirements of
the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed
or completed, The Contractor shall bear costs of correcting
such rejected Work, including additional testing and inspec-
tions and compensation for the Architect's services and
expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Comple-
tion of the \X' ork or designated portion thereof, or after the dite
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for commencement of warranties established under Sub-
paragraph 9.9.1, or by terms of an applicable special warranty
required by the Contract Documents, any of the Work is found
to be not in accordance with the requirements of the Contract
Documents, the Contractor shall correct it promptly after
receipt of written notice from the Owner to do so unless the
Owner has previously given the Contractor a written accep-
tance of such condition. This period of one year shall be
extended with respect to portions of Work first performed after
Substantial Completion by the period of time between Substan-
tial Completion and the actual performance of the Work. This
obligation under this Subparagraph 12.2.2 shall survive accep-
tance of the Work under the Contract and termination of the
Contract. The Owner shall give such notice promptly after dis-
covery of the condition.
12.2.3 The Contractor shall remove from the site portions of
the Work which are not in accordance with the requirements
of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work
within a reasonable time, the Owner may correct it in accor-
dance with Paragraph 2.4. If the Contractor does not proceed
with correction of such nonconforming Work within a reason-
able time fixed by written notice from the Architect, the Owner
may remove it and store the salvable materials or equipment at
the Contractor's expense. If the Contractor does not pay costs
of such removal and storage within ten days after written
notice, the Owner may upon ten additional days' written
notice sell such materials and equipment at auction or at private
sale and shall account for the proceeds thereof, after deducting
costs and damages that should have been borne by the Con-
tractor, including compensation for the Architect's services and
expenses made necessary thereby. If such proceeds of sale do
not cover costs which the Contractor should have borne, the
Contract Sum shall be reduced by the deficiency. If payments
then or thereafter due the Contractor are not sufficient to cover
such amount, the Contractor shall pay the difference to the
Owner.
12.2.5 The Contractor shall bear the cost of correcting
destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors
caused by the Contractor's correction or removal of Work
which is not in accordance with the requirements of the Con-
tract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be con-
strued to establish a period of limitation with respect to other
obligations which the Contractor might have under the Con-
tract Documents. Establishment of the time period of one year
as described in Subparagraph 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 the Contractor's liability with respect to the Con-
tractor's obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work which is not in
accordance with the requirements of the Contract Documents,
the Owner may do so instead of requiring its removal and cor-
rection, 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.
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ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the law of the place
where the Project is located.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Contractor respectively bind them-
selves, their partners, successors, assigns and legal representa-
tives to the other party hereto and to partners, successors,
assigns and legal representatives of such other party in respect
to covenants, agreements and obligations contained in the Con-
tract Documents. Neither party to the Contract shall assign the
Contract as a whole without written consent of the other. If
either party attempts to make such an assignment without such
consent, that party shall nevertheless remain legally responsible
for all obligations under the Contract.
13.3 WRITTEN NOTICE
13.3.1 Written notice shall be deemed to have been duly
served if delivered in person to the individual or a member of
the firm or entity or to an officer of the corporation for which it
was intended, or if delivered at or sent by registered or certified
mail to the last business address known to the party giving
notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Duties and obligations imposed by the Contract Docu-
ments and rights and remedies available thereunder shall be in
addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Architect or
Contractor shall constitute a waiver of a right or duty afforded
them under the Contract, nor shall such action or failure to act
constitute approval of or acquiescence in a breach thereunder,
except as may be specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tests, inspections and approvals of portions of the
Work required by the Contract Documents or by laws, ordi-
nances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless other-
wise provided, the Contractor shall make arrangements for
such tests, inspections and approvals with an independent test-
ing laboratory or entity acceptable to the Owner, or with the
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 inspec-
tions are to be made so the Architect may observe such proce-
dures. The Owner shall bear costs of tests, inspections or
approvals which do not become requirements until after bids
are received or negotiations concluded.
13.5.2 If the Architect, Owner or public authorities having
jurisdiction determine that portions of the Work require addi-
tional testing, inspection or approval not included under Sub-
paragraph 13.5.1, the Architect will, upon written authorization
from the Owner, instruct the Contractor to make arrangements
for such additional testing, inspection or approval by an 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 the Architect may observe such procedures.
22
A201-1987
AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION " FOURTEENTH EDIT]ON
A]A@ . @]987 THE AMER]CAN ]NSTITUTE OF ARCH]TECTS. ] 735 NEW YORK AVENUE, NW., WASH]NGTON, D.C. 20006
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The Owner shall bear such costs except as provided in Sub-
paragraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval
under Subparagraphs 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established
by the Contract Documents, the Contractor shall bear all costs
made necessary by such failure including those of repeated
procedures and compensation for the Architect's services and
expenses.
13.5.4 Required certificates of testing, inspection or approval
shall, unless otherwise required by the Contract Documents, be
secured by the Contractor and promptly delivered to the
Architect.
13.5.5 If the Architect is to observe tests, inspections or
approvals required by the Contract Documents, the Architect
wiII do so promptly and, where practicable, at the normal place
of testing.
13.5.6 Tests or inspections conducted pursuant to the Con-
tract Documents shall be made promptly to avoid unreasonable
delay in the Work.
13.6 INTEREST
13.6.1 Payments due and unpaid under the Contract Docu-
ments shall bear interest from the date payment is due at such
rate as the parties may agree upon in writing or, in the absence
thereof, at the legal rate prevailing from time to time at the place
where the Project is located.
13.7 COMMENCEMENT OF STATUTORY
LIMIT A TION PERIOD
13.7.1 As between the Owner and Contractor:
.1 Before Substantial Completion. As to acts or failures
to act occurring prior to the relevant date of Substan-
tial Completion, any applicable statute of limitations
shall commence to run and any alleged cause of action
shall be deemed to have accrued in any and all events
not later than such date of Substantial Completion;
.2 Between Substantial Completion and Final Certifi-
cate for Payment. Ai; to acts or failures to act occur-
ring subsequent to the relevant date of Substantial
Completion and prior to issuance of the final Certifi-
cate for Payment, any applicable statute of limitations
shall commence to run and any alleged cause of
action shall be deemed to have accrued in any and all
events not later than the date of issuance of the final
Certificate for Payment; and
.3 After Final Certificate for Payment. As to acts or
failures to act occurring after the relevant date of issu-
ance of the final Certificate for Payment, any appli-
cable statute of limitations shall commence to run and
any alleged cause of action shall be deemed to have
accrued in any and all events not later than the date of
any act or failure to act by the Contractor pursuant to
any warranty provided under Paragraph 3.5, the date
of any correction of the Work or failure to correct the
Work by the Contractor under Paragraph 12.2, or the
date of actual commission of any other act or failure
to perform any duty or obligation by the Contractor
or Owner, whichever occurs last.
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ARTICLE 14
TERMINATION OR SUSPENSION
OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Contractor may terminate the Contract if the Work
is stopped for a period of 30 days through no act or fault of the
Contractor or a Subcontractor, Sub-subcontractor or their
agents or employees or any other persons performing portions
of the Work under contract with the Contractor, for any of the
following reasons:
.1 issuance of an order of a court or other public author-
ity having jurisdiction;
.2 an act of government, such as a declaration of national
emergency, making material unavailable;
.3 because the Architect has not issued a Certificate for
Payment and has not notified the Contractor of the
reason for withholding certification as provided in
Subparagraph 9.4.1, or because the Owner has not
made payment on a Certificate for Payment within
the time stated in the Contract Documents;
.4 if repeated suspensions, delays or interruptions by the
Owner as described in Paragraph 14.3 constitute in
the aggregate more than 100 percent of the total num-
ber of days scheduled for completion, or 120 days in
any 365-day period, whichever is less; or
.5 the Owner has failed to furnish to the Contractor
promptly, upon the Contractor's request, reasonable
evidence as required by Subparagraph 2.2.1.
14.1.2 If one of the above reasons exists, the Contractor may,
upon seven additional days' written notice to the Owner and
Architect, terminate the Contract and recover from the Owner
payment for Work executed and for proven loss with respect
to materials, equipment, tools, and construction equipment
and machinery, including reasonable overhead, profit and
damages.
14.1.3 If the Work is stopped for a period of 60 days through
no act or fault of the Contractor or a Subcontractor or their
agents or employees or any other persons performing portions
of the Work under contract with the Contractor because the
Owner has persistently failed to fulfill the Owner's obligations
under the Contract Documents with respect to matters impor-
tant to the progress of the Work, the Contractor may, upon
seven additional days' written notice to the Owner and the
Architect, terminate the Contract and recover from the Owner
as provided in Subparagraph 14.1.2.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 The Owner may terminate the Contract if the
Contractor:
.1 persistently or repeatedly refuses or fails to supply
enough properly skiIled workers or proper materials;
.2 fails to make payment to Subcontractors for materials
or labor in accordance with the respective agreements
between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, reg-
ulations or orders of a public authority having juris-
diction; or
.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 Architect that sufficient cause exists to jus-
AlA DOCUMENT A201 " GENERAL CONDITlOr-;S OF THE CONTRACT FOR CONSTRCCTlO;'; . FOURTEENTH EDITION
AIA@ "@1987THEAMERICANINSTITCTEOFARCHITECTS, 1735 NEW YORK AVE:O;l'E, :-;.w., WASHINGTON, D.C. 20006
A201-1987
23
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tify such action, may without prejudice to any other rights or
remedies of the Owner and after giving the Contractor and the
Contractor's surety, if any, seven days' written notice, termi-
nate employment of the Contractor and may, subject to any
prior rights of the surety:
.1 take possession of the site and of all materials, equip-
ment, tools, and construction equipment and machin-
ery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Para-
graph 5.4; and
.3 finish the Work by whatever reasonable method the
Owner may deem expedient.
14.2.3 When the Owner terminates the Contract for one of the
reasons stated in Subparagraph 14.2.1, the Contractor shall not
be entitled to receive further payment until the Work is
finished.
14.2.4 If the unpaid balance of the Contract Sum exceeds costs
of finishing the Work, including compensation for the Archi-
tect's services and expenses made necessary thereby, such
excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the
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Owner. The amount to be paid to the Contractor or Owner, as
the case may be, shall be certified by the Architect, upon appli-
cation, and this obligation for payment shall survive termina-
tion of the Contract.
14.3 SUSPENSION BY THE OWNER
FOR CONVENIENCE
14.3.1 The Owner may, without cause, order the Contractor in
writing to suspend, delay or interrupt the Work in whole or in
part for such period of time as the Owner may determine.
14.3.2 An adjustment shall be made for increases in the cost of
performance of the Contract, including profit on the increased
cost of performance, caused by suspension, delay or interrup-
tion, No adjustment shall be made to the extent:
.1 that performance is, was or would have been so sus-
pended, 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 this Contract.
14.3.3 Adjustments made in the cost of performance may have
a mutually agreed fixed or percentage fee.
24 A201-1987
AlA DOCUMENT A201 . GENERAL CONDlTIO:--;S OF THE CONTRACT FOR CONSTRUCTION' FOlRTEENTH EDITION
AIA@ . @1987THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N,W" \\.\SIIIr\GTON, D.C. 20006
3/87
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Agreement Between Owner and General Contractor
exhibit A
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AlA Document A201 General Conditions of the Contract for Construction - 1987 Edition
The attached General Conditions. are hereby Incorporated into this Agreement
Between Owner and General Contractor.
Exhibit A Page 1
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Agreement Between Owner c)nd General Contractor
exhibit B
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SUPPLEMENTAL CONDmONS
1.0 GENERAL
1. 1 This Section sets forth modifications and additions to the General Conditions of the
Contract for Construction. AlA Document A201. 1987 Edition.
1.2 Where any article Is hereinafter supplemented. the provision of such article shall
remain In effect and all supplemental provisions shall be considered as added
thereto. Where any article Is amended. voided. deleted. or superseded thereby.
provisions of such article not so specifically amended. voided or superseded shall
remain In effect.
1.3 Articles. paragraphs and subparagraphs hereinafter referenced in this Section
correspond to articles. paragraphs and subparagraphs in the General Conditions (AlA
Document A201. 1987 Edition).
1.4 The General Contractor will be held to have examined and made himself familiar with
this Document and It shall be binding except as may be added to or modified
hereinafter. on all work performed under this Contract.
1.5 AlA Document. A201 "General Conditions of the Contract for Construction." 1987
Edition Is available for review at the Architect's office or for purchase from the AlA
office at 5405 Cypress Center Drive. Suite 110. Tampa. Florida 33609.
phone: 286-7225.
2.0
GENERAL PROVISIONS
ARTICLE 1
2. 1 Paragraph 1. 1.3 shall be supplemented as follows:
The term "Fumish" Includes purchase and delivery to Project Site. The term "Install"
Includes receMng at Project Site. installing in place and placing in operation or
finishing complete for Intended use. The term "Provide" Includes fumishlng and
Installing. These definitions are not meant to be used to restrict payment to the
Contractor.
2.2 Add the following paragraphs:
1.2.6 The Drawings are Intended to show the general arrangements. design and
extent of the work. and are partly diagrammatic: they are not intended to be
scaled for roughing-in measurements. or to serve as Shop Drawings.
1.2.7 Should the Drawings disagree In themselves or with the Specifications. the
better quality or greater quantity of work or materials shall be provided in
accordance with the Architect's Interpretation.
1.2.8 Where a typical or representative detail Is shown on the Drawings. this detail
shall constitute the standard In workmanship and materials throughout
corresponding parts of the work. Adaptation. however, shall be subject to the
approval of the Architect.
Exhibit B Page 1
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Agreement Between Owner Cfld General Contractor
Exhibit B I
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3.0
ARTICLE 2
OWNER
3.1 Paragraph 2.2.2 Is hereby deleted.
4.0
ARTICLE 3
CONTRACTOR
4.1 Paragraph 3.4.2 shall be supplemented as follows:
If the Owner or the Architect have a reasonable objection to any person employed
by the Contractor In connection with the work. the Architect shall notify the
Contractor In writing stating the specific reasons for the objections. The Contractor
shall take appropriate action to remedy such objection to the satisfaction of the
Owner or the Architect.
4.2 Paragraph 3.9.1 shall be supplemented as follows:
The SUperintendent shall not be removed from the project without the written consent
of the Owner.
4.3 Paragraph 3.15.1 shall be supplemented as follows:
No waste materials or rubbish shall be burled or burned on the site.
4.4 Add the following paragraph:
3.18.4 The Contractor hereby acknowledges the receipt ofTen Dollars ($10.00) and
other good and valuable consideration as part of the Contract Sum from the
Owner and acknowledges the receipt of Ten Dollars ($ 10.00) and other good
and valuable consideration from the Architect which has been paid to him as
specific consideration for the Indemnification provided herein. The
Contractor's policy shall provide the "Hold Harmless" rider and It shall be so
noted on the Contractor's Certificate of Insurance.
5.0
ADMINISTRATION OF THE CONTRACT
ARTICLE 4
5.1 Article 4.5 Arbitration. delete In Its entirety 4.5. 1 through 4.5.7.
Article 4.1: Delete the phrase "arbitration or" wherever it appears in 4.3.2.
Article 4.4.4: Delete the words "arbitration" and substitute the word "litigation".
6.0
ARTICLE 7
CHANGE IN THE WORK
6. 1 Modify Paragraph 7.3.6 as follows:
7.3.6 In the first sentence. delete the words. "a reasonable allowance for overhead
and profit- and substitute "an allowance for overhead and profit- In
accordance with Clauses 7.3.10.1 through 7.3.10.6 below.-
Exhibit B Page 2
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Agreement Between Owner 'l"d General Contractor
Exhibit B I
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6.2 Add the following Subparagraph 7.3.10 to 7.3:
7.3.10 In SUbparagraph 7.3.5. the allowance for the combined overhead and profit
Included In the total cost to the Owner shall be based on the following
schedule:
1. For the Contractor. for Work performed by the Contractor's own forces. a
percent of the cost equating to the Construction Fee percentage plus any
General Conditions costs which can be directly related thereto and justified as
approved by the Owner and the Architect.
2. For the Contractor. for Work performed by the Contractor's Subcontractor. a
percent of the amount due the Subcontractor equating to the Construction
Fee percentage.
3. For each Subcontractor or Sub-subcontractor Involved. for Work performed by
that Subcontractor's or Sub-subcontractor's own forces. fifteen percent of the
cost.
4. For each SUbcontractor. for Work performed by the SUbcontractor's Sub-
contractors. ten percent of the amount due the SUb-subcontractor.
5. Cost to which overhead and profit Is to be applied shall be determined in
accordance with SUbparagraph 7.3.6.
6. In order to facilitate checking of quotations for extras or credits. all proposals,
except those so minor that their propriety can be seen by Inspection. each
quotation shall be accompanied by a complete itemization of costs including
labor. materials. (units ond unit costs) and Including similar breakdowns of all
SUbcontracts. Labor and materials shall be itemized In the manner prescribed
above. Where major cost Items are SUbcontracts. they shall be itemized also.
In no case will a change InvoMng over Sloo be approved without such
itemization.
7.0 ARTICLE 8 TIME
7.1 Add the following paragraphs:
8.2.4 The Contractor shall furnish sufficient forces. construction plant and
equipment. and shall work such hours as may be necessary to Insure
prosecution of the work In accordance with the Contractor's progress
schedule and to insure completion of the Work within the construction time. In
the event Owner or Architect shall determine that the progress of the Work has
fallen behind the progress schedule. the Owner or Architect shall so notify the
Contractor In writing and Contractor shall. within the ten (10) days after receipt
of such written notice. advise the Architect In writing of the steps and
procedures which the Contractor will take to place the progress of the Work
back on schedule.
Exhibit B Page 3
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Agreement Between Owner crd General Contractor
exhibit B I
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8.2. 5 FaUure to complete the project within the time fixed In the Agreement will
resutt In substantial Injury to the Owner and damages arising from such failure
cannot be calculated with any degree of certainty. therefore If the project is
not substantially completed within the time fixed In the Agreement. or within
such further time. If any. as shall be aHowed for such substantial completion,
the Contractor shall pay to the Owner liquidated damages for such delay the
amount set out In the Agreement for each and every calendar day elapSing
between the date fixed for substantial completion and the date such
substantial completion shall have been fully accomplished.
8.2. 6 Provision for assessment of liquidated damages for delay shall in no manner
affect the Owner's right to terminate the Contract as provided In Article 14 or
elsewhere In the Contract Documents. The Owner's exercise of the right to
terminate shaH not release the Contractor from his obligation to pay said
liquidated damages In the amounts set out In the Agreement.
8.0 ARTICLE 9 PAYMENTS AND COMPLETION
8.1 Paragraph 9.3.1 shall be supplemented as follows:
The form of Application for Payment shall be AlA Document G702, Application and
Certification for Payment. supported by AlA Document G703. Continuation Sheet.
8.2 Add the following paragraph:
9.3.1.3 Until final payment. ten percent (10%) of the total value of all labor. materials
and equipment Incorporated Into the Work and of all materials and
equipment suitably stored at the site or at some other location approved in
writing by the Owner shall be withheld from all progress payment made by the
Owner.
At fifty percent (50% ) Completion of the project. the Owner may (with the
recommendation of the Architect) reduce the retainage to five percent(5%).
When specific work actMty Is 100% complete and satisfactory to the Architect,
the Owner may reduce the retalnage for that work actMty to zero percent
(0%) at the Owqner's discretion.
8.3 Paragraph 9.8.1 shall be supplemented as follows:
Issuance of a Certificate of Occupancy by the governmental agency having
jurisdiction over the Work does not In Itself constitute SUbstantial Completion. However,
a Certificate of Occupancy shall be a prerequisite to Substantial Compl~tion.
8.4 Add the following paragraphs:
,
9.8.3.1 In addition to any other retalnage. the Owner may withhold upto three (3)
times the value of any uncompleted Work.
9.8.3.2 In addition to any other retalnage. the Owner may withhold an amount equal
to the estimated or anticipated liquidated damages that may be assessed.
Exhibit B Page 4
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Agreement Between Owner "ld General Contractor
exhibit B I
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9.0 ARTICLE 11 INSURANCE
9.1 Article 11.1.2 Is hereby voided In Its entirety and superseded as follows:
11. 1.2 The Insurance required by SUbparagraph 11. 1. 1 shall be written for not less than
the following limits or greater If required by law:
Worker's Comoensatlon (In accordance with Chapter 440. Florida Statutes)
Employer'S Liability
$5CXHXXl/S5CXl!m/S5CXl.CXXl
Comorehenslve General L1abllltv (Including Premises-Operations; Independent
Contractors' Protective; Products and Completed Operations; Broad Form Property
Damage)
Bodily Injury and Property Damage Single Limit
$ 1.CXXl.CXXl Each Occurrence
$ 1 .CXXl.CXXl Aggregate
Polley must be written on an occurrence basis with the Insurance company having a
Best Rating of A7 or above.
Contractual L1abllltv
Bodily Injury and Property
Damage Combined Single Limit
$5.CXXl.CXXl Each Occurrence
$ S!m.CXXl Aggregate
Comorehenslve Automobile L1abllltv
Bodily Injury and Property Damage Combined
Sl.CXXlJ)')") Each Occurrence
.AD Umbrella Uabllltv ~ shall be furnished with excess limits of at least $5.000.000
over primary coverage.
9.2 Add the following paragraphs:
11.1.4 The Owner shall be named as co-Insured with the Contractor in his public
liability Insurances.
11. 1.5 The Insurance required by subparagraph 11. 1. 1 shall include contractual
liability Insurance applicable to the Contractor's obligations under paragraph
3.18. The form of policy for this coverage shall be "Complete Value."
Exhibit B Page 5
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Agreement Between Owner ld General Contractor
Exhibit B
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11.1.6 If by the terms of this Insurance any mandatory deductibles are required. or if
the Contractor should elect. with the concurrence of the Owner. to increase
the mandatory deductlbles amounts or purchase this Insurance with vOluntary
deductible amounts, the Contractor shall be responsible for payment of the
amount of all deductlbles In the event of a paid claim. If separate Contractors
are added as Insureds to be covered by this policy. the separate Contractors
shall be responsible for payment of appropriate part of any deductlbles In the
event claims are paid on their part of the Project.
END OF SECTION
Exhibit B Page 6
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Agreement Between Owner ani General Contractor
Exhibit C
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THE SCOPE AND BUDGET OF THE CLEARWATER CITY SERVICES CENTER IS AS FOLLOWS:
1. City Office Building:
A new 70roJ:t gross square foot. two (or three) story office building of commercial grade
quality to be constructed on City owned property bounded by Myrtle Avenue. Park Street,
East Avenue and Pierce Street In downtown Clearwater. The mechanical. electrical and
plumbing systems shall be upgraded to Institutional quality. The Construction Budget
including all site work for this portion of the project Is:
Construction Budget:
(less landscape and Irrigation)
2. Renovation of existing City Hall:
SS.D25.cxx>
Renovation and Code update to the existing 25.000 :t gross square foot City Hall Building at
112 Osceola Avenue. Work shall Include a new fire exit stair. ADA and other code
corrections plus redecoration.
Construction Budget
(less landscape and irrigation)
3. Police Headquarters Building:
ssco.cxx>
A new 83.lXXl :t gross square foot three story Police Headquarters Building directly across
the street south of the existing Police Building In downtown Clearwater. The site is
bordered on the north by Pierce Street. the east by East Avenue. the south by Franklin
Street and the west by the existing Clearwater Fire Department Headquarters and
Maintenance facility and an existing privately owned day care center.
Construction Budget:
(includes all site work less landscaping and irrigation)
4. City Parking Garage:
$6.639.cxx>
A new 50J car City Parking Garage to be constructed on the site of the existing Police
Building. The site Is bordered on the east by East Avenue. north by Park Street, south by
Pierce Street and the west by the existing Park Street Garage.
Construction Budget:
Budget for Demolition of Police Building
(Including asbestos abatement)
$2.500.cxx>
S336.cxx>
5. The foregoing budget figures are expressed in 1994 bid dollars and are inclusive of GC's
Preconstructlon and Construction fees and General Conditions Lump Sums. but exclusive
of landscaping and Irrigation (to be provided directly by the City); furniture. fittings and
office equipment; open office systems furniture; owner's management.
architectural/engineering fees and expenses.
Exhibit C Page 1
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Agreement Between Owner and General Contractor
Exhibit D
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PRELIMINARY MASTER SCHEDULE:
The attached Preliminary Master Schedule demonstrates an approach to phasing the
design and construction of this project to achieve the City's goals of December 1995
move-In of the two new major buildings.
Exhibit D Page 1
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Agreement Between Owner and General Contractor
exhibit E
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GENERAL CONTRACTOR'S PROPOSAL
The attached General Contractor's Proposal Form. Is hereby incorporated into this
Agreement Between Owner and General Contractor.
Exhibit E Page 1
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CREATIVE ?A BEERS
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CONSTRUCTION FEE
PROPOSAL
GENERAL CONTRACTOR BASIC SERVICES
A
Preconstruction Fee
$ 15.250.00
B.
Construction Fee
$ 492.729.00
C. General Conditions Lump Sum $ 799.877.00 '"
(see attached breakdown)
Will not be considered as per Addenda #1. Item #1.
* t'
ar ie the given schedule. The new City Hall and Police Dep'a
ui/ding will be leted earlier allowing a 5 month sche or constructio
the parking garage.
D. The following costs will be assumed by the City (contractor shall make arrangements for
same).
Temporary Electric Start-up
Building Permit
Tap Fees
Sewer Impact Fees
Water Meter
Transportation Impact Fee
Fire Taps & Assembly
E.
Performance and Payment Bond cost and rate
$ 86.500.00
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Construction Fee Proposal
Page 2
F. Delete the appropriate construction phase fees, general conditions lump sum amounts and
performance bond cost associated with not building. The Police Headquarter building.
Identify all deductive fees and amounts with specific detail to facilitate comparative
analysis by the selection committee.
Construction Fee
Deduct $ 179.900.00
General Conditions Lump Sum Deduct $ 245.257.00
(see attached breakdown)
Performance and Payment Bond Deduct $ 33.195.00
OUALIFICA TIONS
A Name all key personnel who will be part of the General Contractor Team for this project
We have included detailed resumes of our proposed project staff in Section 3.
B. Provide separate home office and filed office organization charts.
In Section 2 of our proposal, we have provided a specific project organization chart.
Section 4 includes the corporate organization charts of Creative/Beers.
C. Provide schedule ofIabor burden rates for those personnel who will be part of this team.
Payroll
FICA
Federal Unemployment
State Unemployment
Sub Total
Salaried
7.65%
0.80%
5.40%
13.85%
Hourly
7.65%
0.80%
5.40%
13.85%
Insurance
Health
Worker's Compensation
Sub Total
2.65%
24.50%
27.15%
2.65%
10.38%
13.03 %
Total
41.00%
26.88%
D. We acknowledge addenda 1,2, and 3.
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FILE ID - 4028
PROJECT JOB NO -
PROJECT NAME - CLEARWATER CITY SERVICE CENTER
PROJECT SIZE I
SUBUIVISION - A TOTAL PROJECT GRN CONDITIONS
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EST I MAT E D ETA I L R E P 0 R T
** SUBDIVISION, ITEM CODE SEQUENCE **
I
08/04/94
15:39:50
PAGE -
DATE -
TINE -
CREATIVE CONTRACTORS, INC
620 DllEW STREET
CLEARWATER, FLOR1UA 31615
-------------------------------------------------------------------------------------------------
REF S ITEM
NO. D SC ELEM CODE
GENERAL
I A
3 A
4 A
6 A
8 A
10 A
12 A
14 A
15 A
17 A
19 A
20 A
21 A
23 A
25 A
27 A
29 A
:11 A
:1:1 A
34 A
35 A
38 A
39 A
42 A
44 A
46 A
48 A
50 A
52 A
54 A
56 A
58 A
60 A
62 A
64 A
f.5 A
GG A
67 A
.-------------------------------
LAB UNIT MAT/EQP/ TOTAL
PRICE SUB UNIT LABOR
: TAX & INS INCLUDED
TOTAL MAT/:TOT UNIT TOTAL
EQUIP/SUB: PRICE PRICE
.<'
DESCRIPTION
UNIT
MEAS QUANTITY
---------------------------------------------------------------------------------------------------------------------------
REQUIREMENTS
SUM~I'\RY OF WORK
100.000 TEMP ELECTRIC MO
100.001 ELECTRIC START UP-OWNER
100.001 ELECTRICAL DISTRIBUTION SUDS
100.002 TEMP WATER/SERVICE MO
100.003 FIELD TOILET U/MO
100.004 FIELD PHONE/FAX MO
100.005 PHONE INSTALLATION MO
100.00G FIELD TRAILER-ARCI/ ONLY MO
100.006 FIELD TRAILER-CONST(2 EA) MO
100.007 TRAILER - SET UP/REMOVAL EA
100.008 CLEANING PARKING GARAGE SQFT
100.008 CONTRACT CLEANING SQFT
100.008 JANITORIAL SUPPLIES MO
100.009 SAFTY/OSI/A SUPPLIES LSUM
100.01 I WArlRANTEE EXPENSE RESURVE LS
100.012 PROJECT SIGN EA
100.013 REPAIRS AND CORRECTIONS LS
100.014 T1lASH HAULING(BALANCE TDS LOAD
100.015 FIEl.D ENGINEEll-BEERS WI{S
100.015 FIELD SUPERVISION- eel WKS
100.015 FIELD SUPERVISION-DEERS WKS
100.016 PROJECT MANAGER-BEERSIOO% MO
100.016 SECRETARY @ SITE WKS
100.017 CASUAL LABOR (CLEAN UP) HRS
100.018 PHOTOGRAPHS MO
100.019 WATER COOLER UMO
100.020 RENTAL SMALL TOOLS-IN WK
100.022 TEMP SAFTY RAILS LSUM
100.023 CRANE-IN STRUCTURE COST
100.024 SITE LAYOUT IN WORK ITEMS
100.025 TESTING - OTHERS
100.027 BLUEPRINTS-SIIOP DWS LS
100.028 CMP SCHEDULING-IN G.C.FEE
100.029 GLASS CLEANING LSUM
100.033 COMPUTEH/SOFTI"ARE/PllINTEH LSUM
100.033 OFFICE SUPPLI ES ~IO
100.034 COMPUTEH SEHVJCES LSUM
100.0:14 THASH CIIUTES LSU~1
-
34 450.000 S 15,300 S -150.000 lfi,300
34 90.000 S 3,060 S 90.000 3,060
102 85.000 S 8,670 S 85.000 fl,G70
18 450.000 S 8,100 S .150.000 8,100
I 750.000 S 750 s 750.000 750'-
I H 125.000 S 2.250 S 125.000 2,2fiO
36 175.000 S 6, :lOO s 175.000 [,,300
3 125.000 550.000 S 375 1,650 S 728.6()7 2, (81)
1()2,00O .020 S 3,240 S .020 :1,2') 0
178,000 . 150 S 2/;,700 S .150 2G,700
18 40.000 M 720 M 42.778 770
J 1500.000 S 1,500 S1500.000 1,500
I 15,000 S 15,000 s 15,000 (!i.OOO
4 50.000 600.000 M 200 2, 400 M 71 :1. 500 2,8fi.)
I 1500.000 1500.000 M 1,500 1,500 M3750.000 3,750 1..,
30 375.000 S 11,2fiO S 375.000 11,2fiO
76 825.000 li2,700 1179.7:'0 8 ~l , lj Ii I
78 875.000 1;8,250 12fil.2fi6 97, fi!)H
76 1340.000 101,840 1916.197 ] 45, G31
18 4500.000 556.000 S 8 I ,000 10,00H Sfi991.000 125,8:38
76 425.000 32,300 1)07.750 46, 189
5,000 8.000 S 40,000 S H.OOO '10,000
18 200.000 S 3,600 S 200.000 3,600
34 65.000 S 2,210 S 65.000 2,210
2 2!i00.000 3500.000 M 5,000 7,000 ~17:120. 000 l'I.G-IO-
2000.000 S 2,000 S2000.000 2,000
1 5000.000 S 5,000 S5000.000 5,000
I 6000.000 S 6,000 S6000.000 f..000
18 90.000 ~I I. fi20 ~1 %.27H I ,7:3:1
I 5100.000 S :, . Ion S:'IOO.OOO :, . J 00
2 2fiO.000 500.000 E fiOO 1,000 F 857.fiOO I , '( I :1
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PROJECT JOB NO
PROJECT NAME
PIWJECT SIZE
SUBDIVISION
4028
EST I M ATE D ETA I L R E P 0 R 'I'
** SUBDIVISION, ITEM CODE SEQUENCE **
-
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CLEARWATER CITY SERVICE CENTER
1
- A TOTAL PROJECT GEN CONDITIONS
CREATIVE CONTRACTORS,
620 DI~EW STI{EET
CLEARWATER, FLORIDA 34615
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PAGE - 2
DATE - 08/04/94
TIME - 15:39:~0
INC
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REF S ITEM
NO. D SC ELEM CODE
DESCRIPTION
UNIT
~1EAS QUANT!TY
LAB UNIT MAT/EQP/ TOTAL
PRICE SUB UNIT LABOR
: TAX & INS INCLUDED
TOTAL MAT/:TOT UNIT TOTAL
EQUIP/SUB: PRICE PUICE
('
------------------------------------------------------------------------------------------------------------------------------------
GENERAL REQUIREMENTS
SUMMARY OF WORI<
69 A 100.035 PED DARnICADES LSU~I 2 2000.000 2000.000 ~l 4,000 4,000 ~I~OOO. 000 10,000
71 A 100.036 TEMP STAIRS/LADDERS LSUM 2 500.000 s 1,000 S 500.000 1,000
73 A 100.037 SITE FENCEINC;/GATES LFT 5,000 1.500 ~1 7,500 ~l 1.605 8,025
75 A 100.038 SITE SECURITY - LIGHTING EA 3 500.000 s 1,500 S 500.000 1,500
77 A 100.039 FUEL/OlL ~I() 18 200.000 S 3,600 S 200.000 3,600
78 A 100.039 PICK UP TIWCJ{ - BEEnS NO 18 375.000 E G,750 E 375.000 6,750
79 A 100.040 SMALL TOOLS/EQUIP LSUM 1 4000.000 S 4,000 S4000.000 4,000 ,-
82 A 100.042 BIDDING & ADVERTISING LSU~l 1 500.000 S 500 s 500.000 500
83 A 100.043 AS BUILT DWGS LSUM 1 2000.000 S 2,000 S2000.000 2,000
85 A 100.300 WATCHMAN -NONE SEC slmv MO 18 225.000 S 4,050 S 225.000 '1,050
86 A 100.310 FURNITUI{E/ECWI P 3 TRAILER LSUN 1 75.000 9800.000 s 75 9,800 S9907.000 9.907
87 A 100.310 LAYOUT PEHSONEL - BLDGS CWHIl 120 75.000 S 9,000 s 75.000 9,000
89 A 100.500 MAT'L/PEHS HOISTING-TRADE PACI<
90 A 100.550 r{ADIOS LSUM 3200.000 S 3,200 S:I200.000 3,200
91 A 100.700 DRUG TESTING LSUM 1750.000 S 1,750 S1750.000 I .750
92 A 100.900 EMPLOYE/SUBS PARI{'G-OWNEH ---- -.--
** TOTAL SUMMARY OF WOHK :3 5 7 , 7 '10 24,7'10 M 7 G :1 . 87 7 i..
7.7 :d) I,:
:~ III . () H Il ,-
,.
INSURANCE
93 A 169.000 BOND COST - SEE PROPOSAL
94 A 169.001 BUILDERS RISK INSUR-OWNER
95 A 169.002 LIABILITY INSURANCE MILL 15 2400.000 S 36',000 S2400.000 36,000
** TOTAL INSUHANCE 36,000 S 3(j,000
*** TOTAL GENERAL rm(~U I I{EMENTS 357,740 24,740 M 7!HI.877
7,7:'0 E -
254,088 S
**** TOTAL TOTAL PllOJ ECT GEN CONDITIONS 357,740 24,740 M 799,877
7,750 E
254,088 S
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FILE 10 - 4028
PHOJECT Jon NO -
PHOJECT NAME - CLEAHWATER CITY SERVICE CENTEH
PROJECT SIZE 1
SUBDIVISION - A TOTAL PROJECT GEN CONDITIONS
G ENE R A L
-
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CON T R ACT 0 R SUM MAR Y 0 F
** SUBDIVISION, ITEM CODE SEQUENCE **
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TIME
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15:39:50
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CREATIVE CONTHACTORS,
620 DREW STREET
CLEARWATEH, VLORIDA 34015
------------------------------------------------------------------------------------------------------------------------------------
Labor
Labor burden & Total labor
~laterinl
Sales tax & Total material
SlIhcon t "He t
Equipment
Equipment surcharge
Other expenses
Gross cost
Gross receipts tax
Overhead
Fee
"lIilder's risk insurance
General contractor's bond
SlIbcont.ract bond
Toto I bid
-
SUflDIVISION TOT
43.00
7.00
357,740
153,8213
24,740
I ,731
511,568
2G,471
251,088
7,750
799,1377
799,877
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FILE ID - 4028
PROJECT JOB NO -
PROJECT NAME - CLEARWATER CITY SERVICE CENTER
PROJECT SIZE 1
SUBDIVISION - B DEDUCT GEN CONDITIONS - POLICE IIEAJ)(~.nLG
-
PAGE - 1
DATE - 08/04/94
T HIE - 1 5 : 3 9 : 5 0
INC
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EST I M A T-E 0 ETA I L R E P 0 R T
** SUBDIVISION, ITEM CODE SEQUENCE **
-
o
CREATIVE CONTRACTORS,
620 DREI~ STREET
CLEARWATER, FLORIDA 34615
REF S ITEM
NO. D SC ELEM CODE
------------------------------------------------------------------------------------------------------------------------------------
UNIT
~IEAS QUANTI TY
: TAX & INS INCLUDED
TOTAL MAT/:TOT liNIT TOTAL
E(~UIP/SUB: PIHCE PRICE
n
DESCRIPTION
LAn UNIT MAT/EQP/ TOTAL
PRICE SliO UNIT LAOOR
------------------------------------------------------------------------------------------------------------------------------------
GENEHAL
nE(~U I flEMENTS
SUMMAI~Y OF wOlm
100.000 TEMP ELECTRIC
100.001 ELECTRIC START liP-OWNER
100.002 TEMP WATER/SERVICE
100.003 FIELD TOILET
100.004 FIELD PIIONE/FAX
100.005 PI/ONE INSTALLATION
100.006 FIELD TRAILER-CONST
100.007 TRAILER - SET UP/REMOVAL
100.008 CONTRACT CLEANING/GLASS C
100.009 SAFTY /OSIIA RE(UOFFlCE SPL
100.011 WARRANTEE EXPENSE RESURVE
100.012 PROJECT SIGN
100.013 REPAIRS AND CORRECTIONS
100.014 TIlASI/ HAULING
100.015 FIELD ENGINEER-OEERS
100.015 FIELD SUPERVISION -OEERS
100.016 PROJECT MANAGER-OEms
100.016 SECRETARY @ SITE
100.017 CASUAL LABOH (CLEAN liP)
100.018 AEIlIAL "I/OTOGRAPHS
100.019 WATER COOLEH
100.020 RENTAL ,SMALL TOOLS-IN WK
100.022 TEMP SAFTY I~AILS-IN CONC
100.023 CRANE-IN STIlUCTliRE COST
100.024 SITE WORK -IN WORK ITEMS
100.025 TESTING - OTHERS
100.027 nLUEPrnNTS- SIIOP DWGS
100.028 CMI' SCIIEDULING-IN G.C.FEE
100.029 GLASS CLEANING
100.034 TRASH CHUTES
100.035 PED DARRICADES
100.036 TEMP STAIRS/LADDERS
100.037 SITE FENCEING/GATES
100.038 SITE SECURITY - LIGHTING
100.040 SMALL TOOLS/EQUIP
100.041 PIIOFESSIONA/. 1'1I0TOS
100.043 AS BUILT DWGS
100.310 LAYOUT PEHSONE/. - IlLDGS
2 Ii
5 B
7 II
9 0
II B
13 0
16 B
18 II
22 II
24 II
26 B
28 0
30 D
32 0
36 0
37 II
40 II
,II 1\
43 II
45 0
47 II
49 B
51 0
53 H
55 II
57 B
59 B
61 B
63 B
68 0
70 B
72 II
74 II
76 B
HO II
R I II
84 II
88 B
-
MO 15- 100.000 S 1,500-S 100.000 1,500-
MO 15- 75.000 S I , 125-8 75.000 1,125-
U/NO 20 55.000 S 1, 100 8 55.000 1,100
NO 15- 175.000 S 2,625-8 175.000 2,625- ,-
EA 1- 125.000 550.000 S 125- 550-S 729.000 729-
SQFT 83,000- . 150 S 12,450-S .150 12,450-
I.S 1- 5000.000 S 5,000-S5000.000 5,000-
EA 1- 50.000 600.000 M 50- 600-~1 714.000 714-
LS 1- 250.000 350.000 ~I 250- 350-M 733.000 733-
LOAD 20- 375.000 S 7,500-S 375.000 7,500-
WI\S 13- 825.000 10,725- 1] 79 . 71;9 15,337-
WI(S 65-1340.000 87,100- 1916.200 124,553-
MO 3-4500.000 50.000 S ]3,500- 150-S6485.000 19, '155- ~-'
\~I(S 13- 425.000 5,525- 607.769 7,901-
IIIlS 2,000- 7.000 S 14,OOO-s 7.000 !'I.OOO-
MO 15- 65.000 S 975-8 65.000 975-
LS 1- 500.000 S 500-S 500.000 500-
-,
LSUM 1- 2500.000 S 2.500-S2500.000 2,500-
LSUN 1- 200.000 500.000 E 200- 500-I-: 786.000 786-
LSUM 1-1500.000 1500.000 ~I 1,500- 1,500-M3750.000 3,75U-
LSliM 1- 500.000 S 500-s 500.000 500-
LFT 2,000- 1.500 M 3,000-1"1 1.605 3,210-
EA 1- 500.000 S 500-S 500.000 500-
L8IJf"1 1- 1500.000 S I. :,OO-S 1500.000 I, :'00-
~IO 15- 100.000 S I. :,oo-s 100.000 I. :'00-
L:>liN 1- 200.000 ~J 2 0 0 - ~I 214.000 "~ I ,I -
CWIIH :J 2- 75.000 S --~-----____)J_JilQ- S 7;'.000 2 ,ICL(J_-
-------------------
FILE ID - 4028 EST I MAT E D ETA I L R E P 0 R T PAGE _ 2
PROJECT JOB NO - ** SUBDIVISION, ITEM CODE SEQUENCE ** DATE _ 08/04/94
PROJECT NAME - CLEARWATER CITY SERVICE CENTER TIME _ ]5:19:50
PROJECT SIZE 1 CREATIVE CONTRACTORS, INe
SUBDIVISION - B DEDUCT GEN CONDITIONS - POLICE IIEAD(~. BLG 620 DI?Ew STllEET
CLEARWATER, FLORIDA 346]5
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REF S ITEM
NO. D SC ELEM CODE
DESCIU PTION
UNIT
~IEAS (~UANT I TY
LAB UNIT NAT/EQP/ TOTAL
I'R r n: SUB UN]T LAIlOR
: TAX .... 11\'S I \CI.I'l>FD
TOTAL MAT/;TOT UNIT TOTAL
EqUIP/SUB: PlilCE 1'lnCI-:
r
------------------------------------------------------------------------------------------------------------------------------------
GENERAL REQUIREMENTS
SUMMARY OF IWHK
* * TOTAL SUMMARY OF WOlll(
]18,975-
:"G50-~'
:')00-1-:
511 , 17:' - S
L :1lJ, K:;.-
9G B
INSURANCE
]69.002 LIABILITY INSURANCE
** TOTAL INSURANCE
~1] LL
fi-
2400.000 S
] 'LJ.~()J~-:-S 21 0 () . 0 0 0
1 'I, '101l-S
1-\ ,100-
I'I,~OU.~
*** TOTAL GENERAL REQUIREMENTS
118,975-
5 , r;:;O-~1
:,(JO - F
fl8,57fJ-s
2.1 fi , 2!) 7-
** * * TOTAL DEDUCT GEN CONDITIONS - POLICE IIEADQ. BLG
118,975-
5,650-N
500-E
G8,575-S
245,2:;7-
-
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PIWJECT JOB NO
PHOJECT NAME
PIWJECT SIZE
SUBDIVISION
'.' '.'
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4028
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** SUBDIVISION, ITEM CODE SEQUENCE **
CLEARWATER CITY SERVICE CENTER
1
- B DEDUCT GEN CONDITIONS - POLICE HEADQ,BLG
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PAGE - 1
DATE - 08/04 /~J.1
TINE - 15:39:50
INC
-------------------------------~----------------------------------------------------------------------------------------------------
CREATIVE CONTRACTORS,
620 DHEW STUEET
CLEAllIvATEU, FLOH!DA 34615
Labor
Labor burden & Total labor
~lat.el'ial
Snles tax & "otnl material
Subcontract
Equipment
Equipment surcharge
Other '"xpenses
Or'oss cost
Gross receipts tax
Overlwad
Fpp
Blli Ider" s risle i nSllrnnce
Gene r'lll e:on t "ae 1.0 r 's hond
Subr:on I. rue: t bond
SUBDIVISION TOT
<13.00
7.00
Total hid
118,975-
5 I, 161-
5,G50-
:l9Ii-
170,1:lfj-
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2'15.2S7-
-
245,257-
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Agreement Between Onwer Cfld General Contractor
exhibit F I
I
ELEMENTAL COST MODEL FORMAT
A. The GC's submissions shall provide a detailed Elemental Cost Estimate of each of the
four components of the project In accordance with the following Elemental Cost
Summary format collected on a matrix form Identifying total budget costs (see
attached).
B. Each Ge'S Cost Model shall Include and identify a 7.5% (minimum) design and
pricing allowance for each of the four buildings to provide for detailing expected to
Occur from the schematic design stage through design development. construction
documentation and construction completion/hand-over stages.
C. All estimated costs In the Elemental Cost Summaries shall be expressed in
1. Total dollar amounts
2. In dollars per square foot of gross building area and
3. Percentage of total costs. by element.
D. Supporting approximate quantities and unit prices shall be provided for each
element as back-up material for the PMC/ AE and Owner's reviews.
E. The content of each element and sub-elements totals shall Include the estimate of
each sub-trade's work "In-place" bid cost to the GC. The GC's general conditions of
contract. construction fees. overheads and profrt shall be Identified as one
separate all-lnclusive Item.
H. For clarification purposes the following Is a guide to content of each elemental category:
1. Demolition - all demolitions. removals of material disposed of off site
2. Substructure
a. Foundations
- concrete supply
- concrete placing (Including equipment)
- formworl< (Including equipment)
- rebar (Including equipment)
- excavation - backfill with stockpiled material
b. Basement excavation
- excavation
- backfill with stockpiled material
c. Special conditions
- anything that Is not typically associated with normal COnstruction
procedures. examples: dewatering, removal of contaminated materials,
drilled piers. etc..
Exhibit F Page 1
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Agreement Between Onwer Td General Contractor
Exhibit F
I
3. Structure
a. Slab on grade (lowest floor)
- concrete supply
- concrete placing and finishing
- concrete pumping equipment (or crane equipment)
- formwork
- rebar
b. Framed structure (steel. concrete or composite)
- concrete supply
- concrete placing and finishing
- concrete pumping equipment (or crane equipment)
- formwork (Including equipment)
- rebar (Including equipment)
- structural steel fabricated. erected
- metal deck
- roof deck
- fireproofing
- miscellaneous metal
4. Exterior Skin
a. Roof
- roof membrane
- Insulation
- flashing/counter flashing
- skylights
- gutters and down spouts
b. Walls below grade
- concrete supply
- concrete placing
- concrete pumping equipment
- formwork
- rebar
- waterproofing
- waterstop and key way joints
- perimeter drainage
c. Walls above grade - back up to exterior skin. block, stud and drywall etc.,
(up to final "paint finish") - exterior skin (precast. stone. brick. stucco, metal.
etc.)
d. Windows
- exterior glazing. frames and caulking
- punched windows. frames and caulking
e. Exterior doors
- doors. frames. caulking and hardware
Exhibit F Page 2
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Agreement Between Onwer cild General Contractor
Exhibit F I
I
f. Soffits and projections
- building overhangs. canopies and other items that are not included in the
above category
5. Partitions
a. Fixed partitions
- masonry. metal studs and gypsum wallboard, glazing and frames
(complete ready for final finish)
- borrowed lights
b. Movable partitions
- complete Including overhead support
c. Interior doors
- leafs. Including frames. wood or metal including. paint or stain finish
- hardware. Installed
6. Vertical Movement
a. Stairs
- metal or concrete risers and landings
- railings and wall rails
b. Elevators
- complete
c. Escalators
- complete
7. Interior finishes
a. floor finishes
- stone. marble. ceramic tile. carpet. vinyl composition tile. paint. sealer, etc.
- bases
b. Ceiling finishes
- perforated metal. plaster. gypsum wallboard, lay-in-acoustical tile, etc.
- paint finishes to the above (as applicable)
c. Wall Finishes
- stone. wood paneling. acoustical wall panels, ceramic tile, plaster,
fabrics. paint etc.
- interior window sills
8. Fittings and Equipment
a. Fittings and fixtures
- railings and wall rolls
- mHlwork and cabinet work
- toilet partitions
- washroom accessories
- miscellaneous Items
Exhibit F Page 3
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Agreement Between Onwer Td General Contractor
exhibit F
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b. Equipment
- window washing equipment
- council chambers wood work. seating, dais, etc..
- council chamber sound system. video system etc.
9. Mechanical
a. Plumbing
b. Fire Protection
c. HV AC
- ductwork. Insulation and equipment
d. Controls
10. Electrical
a. Primary SWitchgear
b. Secondary SWitchgear and distribution system
c. Ught fixtures and installation
d. Special systems
11. Detail and Pricing Allowance
a. Allowance of 7-1/2% minimum
12. General Conditions. COnstruction Fees. Overhead and Profit
a. All Ge'S general conditions of contract. site supervisory and executive
stoff. temporary offices. temporary utilities and other cost, performance
bonds. Insurances/overhead and profit
Exhibit F Page 4
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Agreement Between Owner and ,neral Contractor
Exhibit F
Clearwater City SeNices Center
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Elemental Cost Summary
~:l;;!ill_;:::!;:~:::::::M~::::::~~~i:fl;~~;:i:;!::!:::II:::::)1::l1::*~::;
:~i~ll_:;;*:::;!::::~:::::::::':!:::;:::::m::::::::::!i!::::::::::::::::::::;::!:::::::;
(a) Foundattons
(b) Basement excavations
(c) Special concltlons
':::::I::_:!:i:::;~::::~::::::::::::::':~:I~~:::::::::::!;]:~~::~::~::::::::::r::::ii':::!::::::::::~::!:~:::
(a) Slab on grade
(b) Framed structure
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(a) Roof finish
(b) Walls below grade
(c) Walls above grade
(d) Windows
(e) Exterior doors
(f) Soffits and projections
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(a) Fixed partitions
(b) Movable Partitions
(c) Interior doors
:::!:Z!:;.~I:illl!:::i:iiiiti:iii!:!:!!:i:t!i!!!iJ:::::
(a) Floor finishes
(b) Ceiling finishes
(c) Wall finishes
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(a) Plumbing
(b) Are protection
(c) HVAC