87-R-46RESOLUTION ED. 87-R-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE BID AWARD OF THE
CONSTRUCTION OF THE LIBRARY TO THE SWAIN COMPANY,
AS PER THE RECOMMENDATION OF DANA SMITH, THE PROJECTS
ARCHITECT AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH "THE SWAIN
COMPANY"; ACCORDINGLY, THIS RESOLUTION IS SUBJECT TO
THE CITY'S RECEIVING THE SIGNED "PUBLIC LIBRARY
CONSTRUCTION AGREEMENT" FROM TALLAHASSEE; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND MAKING THIS
RESOLUTION EFFECTIVE NOVEMBER 22, 1987 OR UPON THE
RECEIPT OF THE SIGNED "PUBLIC LIBRARY CONSTRUCTION
AGREEMENT" FROM TALLAHASSEE, WHICHEVER OCCURS FIRST.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. That the City Council of the City of
Edgewater, Florida, hereby authorizes the bid award of the
construction of the library to The Swain Company, as per the
recommendation of Dana Smith, the project's architect.
SECTION 2. That the City Council of the City of
Edgewater, Florida, authorizes the appropriate officials of the
City of Edgewater, Florida, to execute an agreement with The
Swain Company.
SECTION 3. This Resolution is contingent upon the
receiving of the signed "Public Library Construction Agreement"
from Tallahassee.
SECTION 4. A copy of said Agreement is attached to this
Resolution and by reference incorporated herein as if fully set
forth and marked Exhibit "A".
SECTION 5. That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 6. That this Resolution shall take effect
November 22, 1987, or upon the receipt of the signed "Public
Library Construction
nGrant
' Agreement" from Tallahassee, whichever
occurs first, at a meeting of said Council held
on the day oof1987, and approved
as provided by law.
This Resolution was introduced and sponsored by(
//��
SBC1yc.-.�ri' , and was read and passed by a vote of the City
"'������/�
Council of the City of Edgewater, Florida, at a �
meeting of said Council held on the _.� _ day of
1987, and approved as provided by law.
0
ROLL CALL VOTE AS FOLLOWS:
f
1987.
Res. 87-R-46
W
AIA DDrument AI01
Standard Form of Agreement Between
Owner and Contractor
ubere The basis of payment is a
STIPULATED SUM
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,- CONSULTATION IV ITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION:
7be 1987 Edition of AIA Document A201, C Werl Conditiau of ibe Contract for Construction, is adopted
in ibis dononent b), nfennce. Do not use witb otber general conditions antra ibis document is modified.
This document Ins bear approved and endowed by The Associated GeneN Contnaocs of America.
AGREEMENT
made as of the day of Wovember
Nineteen Hundred and Eighty-seven
BETWEEN the Owner: City of Edgewater
(Morn, Mole add )
104 W. Riverside Drive
P. 0. Box 100
Edgewater, Florida 32032
and the Contractor:
The Swain Company
(.came and addnss)
900 Fox Valley Drive
Suite 102
Longwood, Florida 32779
The Project is:
Edgewater Public Library
(.van, and ioradon)
103 Indian River Boulevard
Edgewater, Florida 32032
The Architect is: Gerken and Smith, Architects
(Nane and addrw) Designers and Consultants, Inc.
770 W. Granada Blvd., Suite 309.
Ormond Beach, Florida 32074
The Owner and Contractor agree as set forth below.
in the year of
Copyright 1915. 1918. 1925. 1937, 1951, 195S. 1961. 1963. 1967, 197s. 1977. 01997 by The Amcrievl Irotitule at Amhi-
,ens, 1735 Nev York A..., N.m., V uhi.pon. D.C. 2=16. gcpmdnnion of the lmlcnial herein or zubsumbl quaminn
of Its provisions a-ilhoul rri,¢n permission of,he AIA eiobacs the tvpyrigh, bc, of,hc tr.hN S,mes and -at be subbca to
4xa1 peo lion.
AIA DOCUMFM Alal • O` NT"O.N MUOR AGPELME:T • TV'EU'n' EDD10-N • AU& `aW
n1EAIEMICAN I.CSTI➢1E OF APCIIREcf5.ICDS FE'il'OR6 Al2CCE.]6-„V:SOIIIaaDS.00 NQti A101-1987 1
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contra Docvrrlrnss consist of this Agreement, Conditions of the Contract (Gen", Supplementary and other Conditions),
Drawings, Specifications, Addenda issued prior to arealdon of d s Agreemnt, other doclnrrnu listed in this Agreement and
Modifications Issued after execution of this Agrmrlent: these forth the Contract, and are M fully a pan of the Contract W If atuched
to this Agreement or repeated herein. The Contract represcnu the entire and integrated agreeroertt between the parties hereto and
supersedes prior negotiations, representations or agnemertu, either written or oral An enurneratbn of the Contra Docvmenu,
other than Modifications, appears in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contra Documents, except to the extent specifically indicated in
the Contract Documents to be the responsibility of odlers, or as follows:
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of olmunencement is the date flan which the Contract Tune of paragraph 3.2 is measured, and "be the date of
this Agreement, as fun written above, unless a different date is stated bebworpaniion is made for the date W be feed In a notice
to proceed issued by the Owner.
frnren Mr rote yeommr I. tJH and lam roe mrr of Air Agmemmt w. rlepparasrr, r ze 1M ter m HTH ArleaeM a. JeroP ere/
The date of commencement shall be a date fixed in a letter of notice to proceed.
Unless the date of cormnencement is established by a notice to proceed Issued bT the Owner, the Contractor sha8 notify the
Owner in writing no; less than five days before commencing the Work to permit the timely, filing of mortgages, Mechank's 4eru
and other security interests.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not Later than
peeret rarmrrnm. mrrw.rrmtr.olr rrmme Ay /mwrmtr, o/mmmmremmt Afro rwrnegr.pin,emrwperniersumranrrm C.Pka nqr n-
err.,Pwerone /m, R' .4f. nnnN rrsev rmrxr '. menu.)
One —hundred —eighty, (180), calendar days.
subject to adjustments of this Contract Time as provided in the Contract Documents.
pue.rpmroMv. yc.p. h,r r;gwmrM mmngm.rlar;rg mPrnr.,r w rumMnr wr Nme./
Liquidated and ascertained damages of $100.00 for each and every calendar day
during which the work is not complete beyond the limit set forth above
will be assessed.
AIA DDNMENr A101 • OWHER{o (7r0R AGREEMENT • TWEUTH EDITION • ALA' • „• 196
THE AMERICAN WF7111177E of ARCHITECIS.1»S NEW TORE AVENUE. XW. WASHWGTON. Dc. Z(" AIOI-1987 2
ARTICLE 4
CONTRACT SUM
4.1 The Owmf shas pay the Contractor in current funds for the Contractor's performance of the Contract the Coninct Sum of
Four hundred sixty thousand------- Dollars
(E 460.000. 00 X subject to additions and deductions as provided in the Con-
tract Documents.
4.2 The Contract Sum is based upon the following ahematm. if any, which are described in the Contract Documents and an:
hereby accepted by the Owner:
m�rAg.asn"ma matstri M.wen d.. .siofrn aso�n�a oum�rl���se aanmr ua�e r�„�•..�artr ear�rto�o/
4.3 Unit prices, if any, are as follows:
AIA OUCUMENr AIM • GmNER{ONIaACTOR AGREEMENT • TFELFIN EnnrON • AIN' • CIW
THE.UIERIUNINSTOLTE OEARCHITECIS. 1735NEWYORK"L%VE.NW., mA51RNGTON, D.G!Rpb A101-1997 3
ARTICLE 5
PROGRESS PAYMENTS
5.1 Baud upon Applications for Payment submitted to the Architea by the Contractor and Cenircmes for Paym cnE issued by the
Architect, the Owncr shall make progress payments on account of the Contract Sum to the Contractor as prosided below and
elsewhere in the Conuacl Docvrnents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the bst day oldie month, or as
follows:
5.3 Provided an Application for Payment is recelted by the Architect not later than the fifthteentb
(15) day ofa month, the Owner" make payment o the Contractor not later than
the last day of the same month. If an Application for Payment is received by the
Architect afterthe application date fixedabove, payment shall be made by the Owner not titer than f if thteenth
(15)days after the Architect receives the Application for Payment.
5.4 Each Application for Payment shall be based upon the Schedule of values submitted by the Contractor in accordance with
the Contract Docvmens. The Schedule of Values shall allocate the write Contract Sum among the various portions of the Work
and be prepared in such form and supported by such data to substantiate is accuracy as the Architect may require_ This Schedule,
unless objected to by the Architect, shall be used as a bass for reviewing the Contractor's Applications for Payment.
6.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period
covered by the Application for Payment.
5.6 Subject w the provisions of the Contract Documents, the amount of each progress payment shag be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage
completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the
Schedule of Values, kw raainage of ten percent
( 10%} Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be
included as provided in Subparagraph 7.3.7 of the General Conditions even though the GD mact Sum has not yet been adjusted by
Change Order: -
5.6.2 Add that portion of the Concoct Sum properly allocable to materials and equipment delivered and suitably stored as the
site for subsequent incorporation in the completed construction (or, if approved in adsanee by the Owner, suitably stored off the
site al a location agreed upon in writing), less mUM28e of ten
Percent ( 10 %k
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment As provided in Para-
graph 9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following
circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to incase the total payments to
ninety-five percent( 95%)ofthc Contract
Sum, less such amounts as the Architect shall determine for incomplete Work and urtsetded clahrs; and
5.7.2 Add, if foul completion of the Work is drimcafrer materially delayed through no fault of me Contractor, any additional
amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or Ihelmdon of reuinage, if any, shall be as follows:
(if .. mr. car.. P^o 0 samcaarat eompr rfwr o/rse tor,. Volk. So neon or amen rx rerarwga marnagjr m our pmro rateis r. m 5'1Wm
g rap& 5.61 ams5.62 cam.. and Ws is as cVaraw enw.a in I& eo 1oaamm M i, am 1—p.w wm/w „rA r ,00 w amlrcnwy
AM DONMENr Ural • OwMERLONIMCEOR AGREE.VE\T • i EVal E1311100tt • ANa • COW
iHEAMFa1CAN MYnnnEOFARCNRECfs,1735NMINDIMAVENnt\e„ WASmTGMD.e. M*6 Alol-1987 4
ARTICLES
RNALPAYMENT
Fuel payment, mistkuting the entire unpaid balance of the Conlrsa Sum, shall be made by the Owner to the Contractor when (1)
the Comma has been fugy performed by the Contractor accept for the Contractor's responsib0ity to correct nonconforming
Work as provided in Subparagraph 12.2.2 of the Gencnl Conditions and to stisfy Other requirements, if any, which ncctasanlT
survive fmal payment; and (2) a fmal Certificate for Payment has been issued by the.4chkeet; such Mal payment shag be made by'
the Owner not more dun 30 days after the issuance of the Archkccr*s foul Ceni&ate for Payment, or as follows:
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to 2 provision of the Gencnl Conte:ions or another Concoct Document, the re
f.
erena refen to tfut provision w amended or supplemented by other provisions of the Comma Documents.
7.2 Payments due and unpaid under the Comma shall bear interest from the date payment is due at the mte sued below, or in
Use absence thereof, al the kgal rate prevaging from time to time at the pbce where the Project is looted.
(Imes rue o/lve.nt Rrred,.pw,. ya01vJ
Eight percent, (8%) annually.
furry Maa one n,olmnena ratan rbe R<rru rnab m Locoing An, n.Aarnwe and lwalromu+,:n mmd taus ma/otM. mgulatiom Dube Daher inn,
Connanwipnraipalp'xno/Nuineu. rbe lernrion ofrbr Pvivt void dvvtorr mar alr teb tv'.4tv oJebis p.or Wool. regN adirke rbovld be oW 1W
adlb rerpnl roOeesiom or modificanwu. and Woo Maros,rp,dmnndf such on vnnen dndor=ms cor.vh s
7.3 Other provisions:
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 The Contna may be termimiod by the Owmcr or the Conmaor as provic ed in Anicic 14 of the General Conditions.
8.2 The Work ma)' be suspended by the Owner as provided in Mick 14 of the Genenl Conditions.
AM DDNMErrr Aral - OV VUA ONTM R AGREGVE%T • awTJ£1tl EDMON - AAa • Z 1�
InE&MENIGN I:\YTn7rE OFA0.a11TECTS.17}$SEw'YOFAATFTL'e S.W.. Y'AAnNGTO%. D.C. 31V)W A701-1987 5
ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued aftef execution of this Agreement, art enumerued as folloas:
9.1.1 The Agrtanent is this "=ted Standard FOrm of Agrettncllt 9CtiVEC1 Owner and Cot tractor, ALA DOcwrKnt Al Ol. 1987
Edition.
9.1.2 The General Conditions are the Geneal Conditionsof the Contact for Construction, ALA Doctummi A201, 1987 Edition.
9.1.3 The Suppkuxtawy and other Conditions of the Contract we those contained in the Projm Manual dated
July 8, 1987 , and we As folows:
Docvmutt Tide Pages
00800 Supplementary General Conditions 8
9.1.4 The Specifications are those contained in the Project Manual dated as in Subpagmph 9.1.3, and we As follows:
IfObn lift rb Sprtjawimu bne or J to an crtibn avacord to an, Agrxmmt)
Section Title P-9-
See copy of Table of Contents, (attached).
AM OOCUMEM A191 • OWNEA{OftTRA TOM AGHEEME\T • TWEIiTH Ouroug\ • "- • 01597
THEAVEa1CAN M. TnVEOFAPCNITECTS, 1715 NEW YOM AYE\Ue NS'., WASHMGTON D.C.]Wt3 A7o14967 6
9.1.5 The D,,..ing: are m folloR . and are daled
fEi'4, hn ICe Iu IDIs Al;rmnrnL)
Number 7Tde
See copy of Section 00850-Drawings, (attached).
9.1.6 The Addenda, if anc. are as follows:
Number
1
9
Date
August 13, 1987
unless a different date is shown hclm
Date
Pages
4
September 11, 1987 1
Portions of Addenda relating to bidding rcquiremerlu arc no, pan orthe conInn Donanenu unim the bidding requirements arc
also mumerned in this Anicle 9.
AIA DDCVMENT AIM • OR'NEACONtMCI'OA AGREEMENT • TYF1 ll EDITION • ALA' • t 1W
THE AHERICAN 1,4511111TE OFARCHMM. 17ISNEt'TORK AA'ENLE. N.C. YANIII.NGTON. DC. 214Rr A101-1987 7
9.1.7 Othe, documents, if any, (on _ i, pan of the Contnn DocumenU we as folba
2we,.e.m�amlrwrmn..n..alca...,m.,,am rol�P�n q,x cw.a., oom�nt+u nrG,..r rnne;,wn,/rro-�le.w bmlgt�wa�n.^n.w
v nen,.ra.:,,...rw,.,,am. ro ae, wr.,.n,a,n ro bla4n. u,.,Y,r/o,.0 Aa me vnri.9o, i au A.r m pmq,N Con,.ocr nwin..m.nk».n�,.,.or.n
In ,aia Ad�^^r. 7MaLa,AI w IiuM 4,r wy p wm9ea ro b M^>/W Cb,urzr Da9,rM.l
Advertisement for Bid.
Instructions to Bidders.
Bid form.
This Agteement is cateted info as of the day and yru fin[ written above and is atecvted in u lust three original copia of which
one is w be de hand w the Contnaor, one w the ltcnitea fof ttic in the administn[im of the Coninct. and the remainder to the
Owner.
OWNER City of Edgewater
4N"l�
(Sfg9wnrrc)
Earl D. Baugh, Mayor
(YAIInH ImrrM OIW lilkf
CONTRACTOR a in any
(fIgN91 9
Russell T. Swain, r., President
(YdnneNmme n m blk)
AIA DOWNENT A191 • OwMA.CONraACTCA AGPEEYE\T • T ELEnI EDITION • AIM . Vtwn
TILEA}IERICA%MS IT MMCIMM. I735NM MUAYMLM.IV ..Wti111NGT(M.D.C.J4 * A101-1987 8
EDGEWATER LIBRARY
TABLE OF CONTENTS
Edgewater Library
Corner of Banyan Drive and
Indian River Boulevard
Edgewater, Florida
our Project No. 8613
Section 00020 Advertisement
00100 Instructions to Bidders
00310 Bid Letter
00800 Supplementary General Conditions
00850 Drawings
Division I — General Requirements
Section 01010
Summary of Work
01040
Project Coordination
01043
hl/E General Provisions
01045
Cutting and Patching
01090
Definitions and Standards
01310
Schedules, Reports, Payments
01340
Submittals
01400
Quality Control Services
01500
Temporary Facilities
01631
Products and Substitutions
01700
Project Closeout
Division II — Site Work
Section 02110
02200
02201
02281
02480
02513
02910
Division III — Concrete
Section 03310
03520
Site Clearing
Earthwork
Earthwork for Asphalt Paving
Termite Control
Landscape work
Asphalt Concrete Paving
Underground Irrigation System
Concrete
Lightweight Insulating Concrete
MarcS, .:937 -ABLE OF CONTENTS ---
EDOSWAT-cR LIBRARY
Division IV - Masonry
Section 04200
Division V - Metals
Section 05120
05210
05300
05520
Unit Masonry
Structural Steel
Steel Joists
Metal Decking
Handrails and Railings
Division V1 - Wood and Plastics
Section 06100 Rough Carpentry
06200 Finish Carpentry
06400 Architectural Woodwork
Division VIi - Thermal and Moisture Protection
Section 07200
Insulation
07410
Preformed Metal Roofing
07530
Flexible Sheet Roofing System
07600
Flashing and Sheet Metal
07800
Roof Accessories
07900
Joint Sealers
Division VIII - Doors and Windows
Section 08110
Steel Door Frames
08210
Wood Doors
08350
Folding Partitions
08410
Aluminum Entrances and Storefronts
08520
Aluminum Windows
08710
Finish Hardware
08800
Glass and Glazing
08823
Insulating Glass and Glazing
Division IX - Finishes
Section 09200
09215
09250
09303
09510
09650
09680
09600
09900
Cement Stucco
Veneer Plaster
Gypsum Drywall
Tile Work
Acoustical Ceilings
Resilient Flooring
Carpeting
Special Coatings
Painting
8613
i
:c
March, 1987 TABLE OF CONTENTS -2-
EDGEWATER LIBRARY
8613
Division X - Soecialities
Section 10160
10350
10410
10440
10522
10800
10830
10901
Division XI - Eouioment
11132
Division XII - Furnishings
No Entries
Toilet Partitions
Flagpoles
Bulletin Boards
Specialty Signs
Fire Extinquishers
Toilet Accessories
Mirror Units
Miscellaneous Items
Projection Screens
Division XIII - Special Construction
No Entries
Division XIV - Conveying Systems
No Entries
Division XV - Mechanical
Section 15030
15060
15100
15120
15140
15190
15250
15411
15412
15440
15530
15670
15841
15855
15870
15910
15932
15971
15990
Electrical Requirements for Mechanical Work
Pipes and Pipe Fittings
Values
Piping Specialties
Supports and Anchors
Mechanical Identification
Mechanical Insulation
Potable Water Systems
Soil and Waste Systems
Plumbing Fixtures
Refrigerant Piping
Condensing Units
Lou, Pressure Ductwork
Air Handling Units
Power and Grauity Ventilators
Ductwork Accessories
Air Outlets and Inlets
Electric Control Systems
Testing, Atliusting •4 Balancing
March, :087 TABLE 3F CGfTC4TS -3-
EDGE41A'.ER LI8RARY
8613
Division XV1 - Electrical
Section 16010 Basic Electrical Requirements
16052 Basic Wiring and Devices
16135 Electrical Boxes and Wiring
16142 Electrical Connections for Equipment
16170 Circuit and Motor Disconnects
16190 Supporting Devices
16195 Electrical Identification
16420 Service Entrance
16425 Switchboards
16477 Fuses
END OF INDEX
March, 1987 TAa S OF CONTENTS -4-
EDGEWATER LIBRARY 8613
SECTION 00850 - DRAWINGS
Sheet No. Title
T-1
1
Title Sheet
C-1
2
Civil Site Plan
A -I
3
Floor Plan
A-2
4
Building Elevations
A-3
5
Building Sections
A-4
6
Roof Plan/Details
A-5
7
Wall Sections
A-6
8
Schedules and Interior Elevations
A-7
9
Miscellaneous Details
S-1
10
Foundation Plan
S-2
11
Roof Framing Plan
S-3
12
Structural Details
P-1
13
Plumbing Plan
M-1
14
HVAC Plan
M-2
15
HVAC Details
E-1
16
Electrical Site Plan
E-2
17
Power Plan
E-3
18
Lighting Plan
L-1
19
Landscape Plan
L-2
20
Irrigation Plan
END OF SECTION 00850
March, 1987 DRAWINGS 00850-1
T
.N
E.
A
M
E
E
1 C
A N
AIA Document A201
0" A R C H I T E C T S
General Conditions of the Contract
for Construction
THIS DOCL'.VEK! HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION
1987 EDITION
TABLE OF ARTICLES
1. GENERAL PROVISIONS
8.
TIME
2. OWNER
9.
PAYMENTS AND COMPLETION
3. CONTRACTOR
10.
PROTECTION OF PERSONS AND PROPERTY
4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS
5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK
6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS
SEPARATE CONTRACTORS
14. TERMINATION OR SUSPENSION OF THE
7. CHANGES IN THE WORK CONTRACT
This docarrocrlt hu been approved Rod endorsed by the AssDcined Gels COTHIItROR Of Ameria.
Copyright 1911, 1915.1918. 1925, 1937, 1951, 1958, 1961, 1963. 1966. 1957. 1970. W6, ®1967 by The Amen= inRhute of Architects, 1735
New York Avenue. N.W.. Washington. D.C.. 20006. Reproduction of the mterial herein or substantial quotation of its prmisions without whom
permission of the AIA riches the copyright laws of the United 51.1. and will be subjm to lert] pfoucvtions.
AIA UDCTIHEM A101 • GLNE CO.YDITIOAS OF THE CO: T CT FOR COXSTRULTIO� • FOITTFETH EDIDOI
AIA- •019R7T1EAHER CNIMnT TEOFARCHITEMS.1755vEw YORAAYEYUEN-w_w'ASHI.CGTOS.D.C.SIKK A201-1987 i
r^
jrir:a:+
Acceppnee of Nonconforming Woelt ......... 9.6.6.9.93,122
Acceptance of work .. 9.6.6,98.2,9.9.3.9.10.1.9.103
Amu to Work ............. ............. 3.16.6.2.1.12.1
Accdcnt Prcsemdn .............................. 42.3. 10
AcumdOmissions ... 32.1,3.22.331.3.128.3.18,413.4.32.
i....8.....................
Addition .....Clam ........................... 1.1.1, 103
Additional Lap, Oaims for T a l i ........4.2.6. .8.2. 12 1.1.13.5
Additional InpoTenet. iuma for.
.... 4.3.6. 82.121.E.3.2
Additional RATI Clain for. CONTRACT
.....43${3.9.8.3.2
ADMINISTRATION .............. 1.3.1
Acs,hakmenit.Im'..... 10 Bid ...................... 1.1.1
Allo aic effect ............................... ..... f3.1
Allowances, ss ....................... .............. 11 1.1
Appiskinsunna.. ............. _ .....,9.... 113.1.1
AppllceUoss for Payment .. 4.97.5. 7.9A0.3,,92.. 11.13, 141.4
98,5,330.1.9.12At roug.11.13.141.4
Approvals .... 2.4.33d, 3.5.3.102.. 9.3.2Mrotgh 3.I2A 3.183.
4.....1..4. .3.2.1A..4.4A 13.5
Arbitration ..................... A.1.4, 4.32.a3.4, 4.{.4,4A,
8.3 1. 10.1.2. 11.3.9, 11.3-10
AXMlen ......... ....... 4.1
Architect, DermisiDn of ............................... 4.1.1
Architect, Extent of.AuthOrite........ 2.A. 3.12.6.41,4.3.2.4.3.6.
4.4. 5.2. 6.3. 7.12. -2.1, 7.3.6.'.4. 92, 9.3.1,
13 5.1. 3.5.2. 122E 122.4
13.5.t. bilim . 1 .33. 142,4
Aeehilen, Lkoia[iortiniAtnh(ulb'old RespxWMlite. }.33.3.128.
3.12.11, 4.12. 4.2.1, 422, 5.2.}. •.2.6, 4.2.-. �2.10, 42.12,
42.13, 4.3.2. 5.2.1. 7A. 9.4.2. 9A4. 9.6.6
Architects 5 Additional SeriM arM Expenses .......... 2A. 9.8.2.
11.3.1.1. 12.2.1. 122.4. 13.52. 1333, 142.4
Architect's Administration of the Conned .......... 4A 43.6,
4.3.-. 4.4. 9.4. 9.5
Archom's Approvah 2.5.3.5.1.3.I0.2. i.I2A 3.12.8. 3.18.3,41.'
Arehiteeer a Authorky toRejm Work.... 3.5.1.4.2.6.12.12.122.1
Arehireci s Cop2Tigtn................................. 13
AeehinrYs Decisions .......... 4.2,6, ♦1', 4.2.11.41.12, L.13.
4,32, 43.6. 4A.1. 4.4.4. 4.5.6.3.'.3b, 73.8. 8.13. &3.1,
li 2.4
Architects impectiom ........... 4.2.2. e2.9. 43.6.9.4.2, 98.2,
9.9.2. 9.I0.1. t3.5
Architecis Interp action {.............. .. 4.2..11.4.2.12.4.3.7
Architects Imerpreutbns .............. ... 4.2.11.A.3.6. -3.7
Arehh<n s On -She Obsm�Uom ........ 4.2.2, 4.2.3.4.3.6, 9.42.
9.5.1. 9.10.1. 13.5
Arehiseci s Project Repro ecowun ve ..................... 4.2.10
Arehiteei s Relaionshi"ith Centraeea .......
3.3.3. 3.5.1. 3-73.3-11. 3.12.8. 3.12.11. 3.16, 3.18. 42.3. 42d,
4.2.6.4.2.12. 5-2. 6.2.2, 73.4. 9.8.2, 11-4.7. 12.1. 13.5
Are'hilms ReWou ship with Subcontractors .... 1.12,4.23.41.4,
4.2.6.9.6.3. 9.6.4, 11.3.7
Architect'. Represenursom................. 9.42.93.1, 9.111
Arddlen:s Site visit,........ 4.22,a 2.5.4.2.9.4.3.49.41, 9.5. I.
9.8.2, 9.9.2. 9.10.1. 13.5
Ashemc.......................................... 10.1
Atmwys Fee; ........................ 3.18.1.9.11.2. 10.14
.3wud of Separee Conte.Rss........................... 6.1.1
Award of Subcomnca and DOW Contends for
Pardons of The Worn .............................. 1.2
Basic Definllons .................................... 1.1
eiddi g Re9niremans.. . ............. 1...1,
Boiler nb Machinery Insurance .................... . 11.32
Bond, Lien ...................................... 9.IO2
Bond, Pof xmaueaal P ymumL .... ' 3. 4.9. 1113, 11.3.9. I I.4
Building Pcnit.................................... 3.7.1
COWISHIation....................................... to
CenUieste OtSubMantial Completion[ .................... 98.2
DertllIClss fm Payment ....... 4.2.5. 4.2.9, 9.33, 9A, 9.5, 9,6.1,
9.66, 9.7.1. 9.8.3.9.10.1. 9.103. 13.', 14.1.13. 14.2A
Certific2les of Inlpenbn, Testillgor ApproeM ..... 3.12.11, 33.5A
CMUIiCU-0f imutana .................. 9.3.2, 9.10.2,11.1.3
Change Orders...... LI.s,2A.1.3.8.2.{, 3.u,4.28.433,523.
7.1. 7.2. 7.3.2. 8.3.1. 9.3.1.L 9.10.3. 113.12.
11.3.4. 11.3.9, 12.1.2
Change Orders, Definition of .......................... 72.1
Charges........................................... 7.1
CHANGES IN THE WORK .... 3.11,4.2A 7.8.3.1,93.1.1,10.1.3
Claim, Definition of ................................. 4.3.1
Claims and Disputes ................ 4.3. 4.4.4.5. 42.5, 83 2,
9.3.1.2. 9.3.3, 9.10.4. 10.1 A
Claims erne Timely Assertion of Claims .......... .. 4.5.6
Claims for Additional Cost ....... 4... 4.3.7,4.3.9,6.L1,10.3
Claims for Additional Time ............ 43.6, 4......... 4.3.6
Claims for Concealed or Unkrmwo CondlUona........... /2.6
Claims for Dct to Arbitration
r Clanns strati n 43.9,............
.1...........
....,E .3.2. A IO.L4
Commencement ofStatutory LBMtatlon Period 13.7
Commencement of[he wort, Conditions Relstina0rlg toto ....... 2.1.2,
2 2.1, 3.2.1. 3.2.2. 3.7.1, 3.10.1. 3.12.4 43.7, 52.1,
612. 8.1.2, 822, 9.2. 11.1.3. 113.4 11.4.1
Commereen o[ofthework. Definitionof...... ......... 8.1.2
Cammuni 2tions Facilitating Context
Adminiuntion
Completion. Caeldid ed Relating to....... 3.11.5.15.422.42.9.
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, Subso nl al ......... 4.2.9.4.3.52. 8.1-1. 8.13, 8.23.
98, 9.9.1. 12.22, 13.7
comWiana..ith mwa ...... 13, 3.43.7.3.13.4.1.1.1&22.11.1.
113. 13.1. 13.5.1, 13.52, 13.6, 14.I.1, 142.1.3
Cnlmled or UnIMOsm Cmldhdun5..................... 43.6
Conditiomof the Contract .................. I.I.I. I.I.7,QI.i
Consent. Writ[en .................. I3.1, 3.12A 3.14.2.4.I.2.
4.3.4. 4.5.5. 9.3.2. 9.8.2.9.9.1, 9.102. 9.10.3,10.12. 10.13.
11.3.1. 11.3-1.4. 113.11, 13.2, 13.42
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS ..............................
Comuuctlou Change Dircoise, Defieution of ............. 7.3.1
Construction Change Dlrec&" .... 1.1.1, 4.2.8.7.1,72, 93-1.1
Construction Scbeduk , Contractor's ............... 3.10,6.1.3
Contingent Assignment of Subcontneb ................ 5.4
Continuing Contract Performance .................... 4.3.4
Contract. Dclindon of ............................... 1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF THE .................. 43.7, SA.1.1,14
Contra Adminiuntion ..................... 33.3.4.9.4.9.5
Conran A.rd and Esecutson, Condition Fleming m...... 3.7.1.
3.10. 5.2. 9.2. 11.13. 113.6. 11 A.]
Contract Doalments,The ....................... 1.1.1.2.7
Contract Doamseetts, Copies FumidtM and Use of... 13,1.2.5.5.3
Contract Documents, Definition of ..................... 1.1.1
Conan Podoemaelce During Ardseldn ............ 43A.4.53
Carmen Sum ................... 38.4.34 43.7, 4A.4. 51.3.
6.1.3, 72,'.3.9.1, 9.7. 11.3.1. 12.2.4. 12.3, 142.4
CoMMI Sum. DlTsnition uf............................ 9.1
Contras Time ................. 4.3A43A 4.4.3, 72.13. 73.
8.2.1. 8.3.1. 9.7, 12.1.1
Cnnan Tanc.Definiliun of .......................... &1.1
AM DOCUMENT Abel • 1;!%TRAL C0%DI1I0NS OF TIE f.Q\TXA(nMR lU\CLIt1:lTOx • MR'RM%" EDIT
2 A201-1987 ALA' -.1 r Tl1L'.ANEkt,:l*N'TIl'I.TEOFAX(3ilTE.. 51-35NEc't'uRKAlT tE..%I.UTASID..TTOYDC.2 16
CONTRACTOR ....................................... 3
Contractor, Deflnflbm of ......................... 3.1.6.11
Contractor's Bid .................................... 1.1.1
Contreetoes Co,nbuctlon Schedules ............. 3.10.6.1.3
Con,xor's Employar ....... 3.3.2, 3.42.35.1, 3.9.3.18, i.23.
42.6, 8.1.2, 10.2, IOd, Il.t.l. 14.2.L1
COldreetore WMIIty lrwulluaee ....................... 11.1
Contractor's ReNtiomhip with Separate Commute
and owner's Forces ... 22.6.3.12.5.3.141, 4.2.4.6,122.5
Contractor's Rchtimehit, with Subconuanors ....... 1-ZA, 3.31-
3.18.1. 3.18.2. 52. 5.3. 5.4.9.6.2. 11.3.7, 11.3.6. 14.2.12
Com,a,mr's Rebfarnhip with The ArchOM .... 1.12.3.2.1,3.2.2.
3.3.3,3.5.1,3.7.3.311,3.1223.16. 3.18, 4.2.3. 4.2.4, 4.2.6.
4.2.12. 52, 6.2.2. 7.3.4,9.8.2, 11.37. 12.1. 13.5
Contractor's Repraentomea- . 12.2,3.5.1,3.12'.6.22,8.2.1.9.33
Contractors Resposibilin- for Those
Perfwmingthc Work ................. 3.3.2.3.18.4.2.3.10
Contractors Reyewof Cmltract Documents ...... 1.22- 3.2.3.7.3
Contractor's Right to Stop the, Work .................... . 9'
Cantu m's Rgh,,o Tamhaaelhe Cansact _............ 14-1
Contractor's Submittals ....... 3.10.3.11, 3.12.4.2.7. 5.2.1.513.
7.3.6. 9.2. 9.3.1. 9,81, 9.9.1. 9.102.
9.10.3. 10.11. 11.42, 11.43
Contractor's Superintendent ...................... ..... --
Comractor-s Supervision and Canxectbn Procedwa... ... 12.4.
3.3. 3A. 4.2.3. 82.2. 8.2.3. 10
ContrxTual Liability Inu aticc................. 11.1.1.-. 11.2.1
Coordination and Conelasiwl ............... 121.12.4.3.3.11
3.10. 3.12.7, 6.1.3, 62.1
Copk FumishedofD,Ssl ,and Spetl6CRUMU... 1.3.2.2.5.3�11
Conectbn of Work ..................... 2.3.2.4.42.1.992,
9.9.1. 12.1.2. 122. 137.13
Cox. Dcflnklon of ..................... ..... 7.3.6,14.3.5
Cox, .... 2.4,31.1,3--.4,32.2.3352,43b, 4.3.7,43.6.1, 52-5.
6.1.1, 6.23.63.-3_V. _'3.6.-37.97,953.9.10.2. 113.L2.
Cutting and PAuching
11.3.13.113,........ 12........ 1........ 3. ,6
Damage to CoagucttonnfOwnaor Separate Co, 11.1.rs 3.141.
6Worts ...... 10.2.1.'_.9.1.1, .1.210-2 I110..11.3
Damage m the Work ..... 3.14.2, 9.9.1. 102.12, 102.5. 10.3.113
Damages, Claims for9.5.12, 10.1.4
Damagafor Deby.................... 6.1.1,8.3.3. 9.5' 1.6, 9.]
Dam of Commencemem ofdle WUA, Definition of ......... 8.12
Dateof Substantial Compinion. Definition of .............. 8.13
Day. Definition of .................... ... .. ..... 8.1.4
11.4
Decisiom Of the ArehifcO ....4.. 6.3, 74.2.7..3.8. 1.1.3, 8 .429 2.
4.3.2.4.3.6,4..9.5.1.9.. 9.9.1. 10.1.,13.52.114 2. 1,2.4
Defective or Nonconforming Work. Acceptance,
Rejection and CorCorrection Of
9 .. _ ,8 . 9 .. 23..5. 12, 13.7.13
42 niflon o 9.... 952......1. 1...... 1.. 1. 3 5 1
Defecdye Work. Definition of ......................... 3.5.1
5.1..1.23.5.1, 7.3.1, 7.3.6, .1.9.1.4-1.1.
4lon Ss,h. . %..1,73.1, 7.3.48.1, 9.1, 9.8.1
Delaysand ElMrrabns of Time ....... 7..1. 73 .373..7.82,
611, 623. 72.1, z3.4 8.3, 1 ..1. 1 7.3A.
%3.9, .5.6 .5. 103.1. 14.1.12
Disputes ......ample. 42.4,te.... ..... . .........3-11
Du.ings, and Sior, Of a dae Site ...................... .1-5
Drawings. rut Si iunN .......... 0a scr.............. 1.1.5
Drawings anJ tipceifwaklm. U. aM Owtaershys uf.....
22.5. i.1.11, 53
Due:theawr' llmarart w, vmcn.Fand AdJ Gm... 8es ...1 32
EOat�he DnaM Inwlrude...................... 822. 11.12
Emergencies ................................ 43.7,10.3
Employees, Contractor's .......... 3.3.2. 3A.2. 3.0.1.3.9. 3.IS I.
3.18.2. 4.2.3. 42.6. 8.1.2. 10.2. 103. 11.1.1, 142.1.1
Equipment, labor. stucroband .......... 1.13. 1.1.6.3.4.3.5.1.
3.8.2, 3.12.3. 3.12.7, 3.12.11. 3.13. 3,15.1. 42.
6.2.1. 73.6. 93.2.93.3, 11.3. 12.2.4. 1.
Execution And Progrex of de WOflt ....... 1.13. t_' a.32, 3.4.1.
3.5.1. 4.2.2. 4.2.3. 4.3.4. 4.3.8. 6.2.2, 7.13.
7.3.9. 8.2. 8.3. 9.5, 9.9.1, 10.2. 14.2, 1..3
Execution, C9nelaeon and Intent of the
Contact Documents ..........................
Extensionsol Timc ............. 43.1. 4.3.8. 7.2.1.3.8.3, 10.;A
Failure of Payment by Contractor .............. 9.51.3.142A 2
Failu,offt,.' In Owner _.............. 4.3,-.97.14.1.3
Faulty V'ork (See DeRctm or Nonconforming Work)
Final Completion and Final Payment ........
4.3.5.9.10,11.1.2.11.13,1133.12.3.1. 1+"
Financial Arrangements. Owner's ....................... 2.2.1
Fin and Extended Cmtrage hsw,a,see ................... 11.3
GENERAL PROVISIONS .......................... ..... 1
G9wmirg Lew . .... 13.1
Guarantees (Sec Warranty and Wanerhia)
H.- ousmuc ials ............................ 10.1.1U2.+
Identification of Contract Documents ............. _... 1.23
Identi0otion of Subetmt=W* and Suppliers ............. 5.21
Indemnification
Information orbit Senrleea Required of the Owner..... 2.1.2, 0.2,
4.3.4. 6.1.3.6.1.4. 6.2.6, 9.32. 9.6.1, 9.6.4. 9-6.3.9.92.
9.10.3. 10.1.4. 112. 113. 13.5.1. 1352
Injury or Damage to Pe sonorpwperly ........... .... 4.3.9
lmpeetiom........ . ............... 33.3.33.+. 37.1.422.
4-1.6. 4-1.9. 4.3.6. 9A.2.9.62+9.9.2. 9.10.1. la y
Irstmnions m Bidders ............................... 1.1.1
tnxmetlOm to me Contractor .... 3.8.1.4.21k 5.2. 1. .11-1. 133.2
Insurance. Soper and
Machinery
................. 1...t02,11
Imogene., Bolkrnld Machinery .....................11.1
Insurance, CorybeflwwFDAeoes Liability..................... 22. 11.2
Insurance, Lou of Dam of ..................... 8... 11.12
Insurance, Lou of Use ...y.................... ... 111.2
Insurance, DemProperty Liability ..................... 102. 11.3
Insuranw, Properly.... _.................. IO2.S. ilA
hsunnce. Aored?laterals .............. ...... 9.3.2, 11.3.In
INSURANCE AND BONDS ............................. 11
Insurance Companies. Consent to Penal OCCUPMCY ..9.9.1, 11.331
Insurance Companies. Settlement with ................. 113.10
Intent eight, Contract Ooctlments ................ 12.3.3.12.4.
42.6. 42.7. 4.2.12. 4.2.13. -.4
Interest ........................................... 13.6
Inte,prelatlen........ 12.5.1 A.1.5, 4.13, 4.3.1.5.1.6.12,8.1..
tmerpreralione.w'mten ..................
)oindcrand CemginsmaxwoI CIAI. Required ............. 4.5.6
Judgment on Mal Awed ................ 4.5.1.4.5-4.1.4.5.7
Labor and Materials, Equipment .... 1.1.3. 1.tb,3A, 33A.31-2.
3.12.2. 3.123. 3.12.7. 3.12.11. 3.13. 3.15.1.
42.7,6.2.1, 73b,932,9.33, 122.4. 1+
Labor Disputes ..................................... 8.3.1
Laws and Regulaiau ....... 13.3.6, 3.7,
9.9.1. 1021. ILL. 11.3. 13.1, 13.4. 13.5.1. 13-5.2. 13.6
Licm'.................. 2.12.43.2.4.3.5.1.8.2.2.9.33.9.10.2
LlmPatlonon ConsdMationcrJoinder .......... ....... 4.5.5
LiminthAh.5 Ahaesuf ................... 4.5.4.2. 122A, li"
LMiu,inm of Ambomv. ............... .... 3.3. L 4.1.2. 4.2.1.
42.3. 4.2.7. 4.2.10. 522. 52.4.-.4, 11.3.I1)
MA MletIrIFNT =1 • e'.E�EeA - CM'wTI(11ti OF THE T 711AALT IXM l NSTKU: 0%a FOL 14111 MI DMgx
AI.A' - A, IW-TIFFANFAIGW INSTITTE OF ARCHITE(A.1'aiNk1'YORA AVENUE. %U"_ WAAllxl:TOy. OC41.n AYOI•TgB% 3
umitMbrodaability ..... 23.32.1, 3.5.1, 3.73.3.12A, 3.12.11.
3.17- 3.18. 41.6. 42.7.42.12, 621, 9.42, 9.6A. 9-10.4.
10.1.4. 10.23. 113.2, 11.2.1. 113.7, 13.41. 13.52
Limiutionsof time, General ........... 22.1,21A.32.1.3.73.
3.8.2, 3.10. 3.12.5. 3.15.1.4.2.1, 42.7. 42.11. 4.3.2.
43.3, 4.14,4.3.6. 1.3.9. 4.5A.2. 5.2.1. 513.62A. 73,11. 7.4.
a2. 9.5. 9.6.3. 9.9. 9.9. 9.10. 11.13, 11.3.1, 11.3.2, 11.3.5.
If 3A 122.1, 122.2. 13.5. 13.7
Limitations ofTime. Specific ......... 2-12, 22.1, 2A. 3.10.3.11.
4.2.11,43, 4A, 4.5. 5.3. 5.4. 73.5, 7.3.9, 8.2.
9.2, 9.3.1. 9.3.3, 9.4.1. 98.1. 9.7. 9.8.2. 9.102, 11.1.3. 11.3.6.
113.10. 113.11, 12.2.2. 12.2A. 12.2.6. 13.7. 14
Loss of Use Insurance ............................ 1182
Material SupWien .............. 1.3.1, 3.12.1.4.2.4, 4.2.6, 52.1.
9.3.1.9.3.12. 933.9.4.2.9A.S, 9.10.4
mbte11215, Havrdout ........................... 10.1, 10.2A
materials, labor. Equipmem and ..... 1.1.3. 1.18, 3A, 5.5.1.38.2.
3,122. 3.123. 3.1±.7, 3.12.11, 3.13, 3.15.1, 42.7.62.1,
7.3.6. 9.3.2. 933. ILIA. 14
Means, Methods. Techniques. Sequences and
Procedure- of Coruuuction.......... 3.3.1,41.3. '2.7.9A2
Minor Changes In the Work.......... 1.1. 1. 4.2.8.4.3 7. -.1, 7A
MISCELLANEOUS PROVISIONS ........................ 13
Modificadons. Definitionof ........................... I.LI
Modifieaiom to the Contract ........... I.I.I. 1.12,373.3.11.
4.1.2. 4.2A. 5.23. 7.8.3.1. 9.7
Mutual Responsibility ............................. 6.2
Noncodorming Work, Acceptance of .................. 12.3
.\onconformi.^._e 1Tork. Resection and Correction of ........ 2.3.1.
4.3.5.
S. Lcf.
3.12.9. 3.17. 43. 4.4A, 4.5. 5.2.1. 53. S.S.Li. 622. 9.4.1.
9e. 9.6.1.9'. 9-10. 10.12, 102.6, iL13. 113.12.2.2,
122A. 133. 13.S.1. 13.5.2. 14
Notice. WrMen .... _ ......... 2.3.2A.3.9.3.128.3.13.9, 4.3.
4ns. 43. 5.2.1. 5.3. 5.4.1.1. 81.2. 9.4.1. 9-5.I. 97.9-10.
10.12. 10.2.6. 11.1.3. 11.3, I22-3. 122A, 13.3.13.5.2. 14
Notke0(Te, irgand Inspections ................ 13.5.1.13.5-2
Notice to Rotted ....... . ........................... 8.22
Notices, Permits, Fees and ...... 2.23,33, 3.13.7.3.6.4.10.2.2
Obxnvkms..i�chitect i On-Sk< ................. 4.2.2.4.2.5.
43.6. 9.42. 9.5.1. 9.10.1. 13.5
Obsc.icrs. Contractors _ ..................... 1.2.3.32.2
Occnpanq.. ....... .............. 9b.6. 9.8.1,9.9.113.11
On-Shc lmptc:ions by the Arehkoet .......... 421, 4.2.9. 4.3.6,
9.42. 92.2, Y.9.±. 9.IU.i
On -Site Obn.n itions be the Architect ......... 4.2_2.4.2.5.4.3A.
9.4.2.9.5.1. 9.10.1. 13.5
Orden,Wnuen ............ 2.3.3.9,43.7,7.82.2, 113�9. 12.1,
12.2. 13.52. 143.1
OWNER............................................. 2
Owner,Definitonof .... _........................... 2.1
Owner, tlformation and Services Required of UM........ 2.1.2.
2.2. 43., 6.9 10.1.4, 11.2, 113. 13.5.1, N.LLS. 14.13
Owner's Aulh(mt
7.3.1. 2.2. 9.3.1. 9 31, 11-4.1. 12.2A. 13.S2, 14.2. 143.1
Owmcr, s I'mandol Glnbi in' ........ .......... 221. 14.1.1.5
Owners Lability Insurance .......................... 112
Oattte. Lou, of V. l.......................... 113.3
Owners Relationship with Subcomrsetun ............... 1.11.
5.1.1.2.2
Owner s Rigla to 6m� Out tine Worn ........ 2.4.12.2A. 1422.2
Ownar's Rghtto Clean Up ............................ 6.3
Owner's Right to Perform Co t tetlo0 and to
Award Separate Conbee4 ......................... 8.1
Owners Right to Stop if* Work ................... 2.2, 4.3.7
Owner's Right to Suspend the Work ..................... 14.3
Owner's Wght I. Termin c the Connect ................. 14.2
Ownership and Use of Archheet's Drawings, Specifications
and Other Document ................ 1.1.1,12, 22.5. 53
Partial Occupancy or Use ................. 9.6.6.9.9, 11.3.11
Patching, Cutting and .......................... 3.14,624
Patent,Royaitlesand .............................. 3.17
Payment, Applicators for ................ 4.2.5.9.1,92, 9A.
9.5.1. 983. 9.10.1. 9.10.3. 9.10.4. 14.2.4
Payment, Certificates for. ,......... 4.2.5.4.2.9, 9.3.5.9A, 9.5,
9 6.1. 9 6,6. 9.-.1. 98.3. 9-10.1. 9.10.3. 13.7. 14.1.1.3. 14.2.4
Payment, Failure of .......................... 4.3.7.9.5.1.3.
9.7. 9.10.2. 14.1.13, 14.2.1.2
N mlenl. Final ............ 4.2.1,4.2.9, 4.3.2, 43.5, 9.10,11.1.2.
11.1.3. 113.5. 123.1
Payment Bond, Perfomunoe Bond and .............. 7.3.6.4.
9.103. 113.9, 11A
Payments. Progress .......................... 43.4.93.9.6.
9.9.3. 9.10.3. 13.6. 142.3
PAYMENTS AND COMPLETION ...................... 9, 14
Payments to Subcontweas .................... 5.42.9.5.1.3.
9A2. 9.6.3. 9.6.4. 11.3A 14.2.12
PCB.............................................. 10.1
Performance Bond and Payment Bond. ................ 7.3-6.4,
9.10.3. 11.3.9. If..
Permits, Fees and Nodose ... .--- 2.2.3.3.7,3.13.'.3.6A. 10.2.2
PERSONS AND PROPERTY, PROTECTION OF ............ 10
PohchI.nnmed Biphmyl ................ ............ 10.1
Product Dan. Definition of ........................... 3.12.2
Product Data and Samples, Shop Drawings .... 3.11,3.12, 42..
Progress and Completion ................... 2.2.436 .4,.2
re Progss Payment 4 3A. 9.3.
9.6. 9.8.3, 9.103. 13.6, 14.2.3
Project. Definition of the, ............................. 1.1A
Project Manual, Definition dfrhe ...................... 1.1.7
Project m12n.15................... ...:............. 2.2.5
Project Rcpresenratisrs ............................. 4.2.10
Property insurance ........................... 10.2.5.11.3
PROTECTION OF PERSONS AND PROPERTY ............. 10
Rcgulmions2ntl laws ............ 1.3.3.6.3.713.13.41.1. 4.5.5.
C5.-. 10.2-2. 11.1. 11.3. 13.1. 13.4. 13.5.1. 13.5.2. 13.6, 14
Rejection of Work ......................... 3.5.1.42.6, 12.2
Releases of WahnnsanJ IYrt...... _ ................. 9.10.2
Reptersenttiom ......................... 1.2.2.3.5A,3:12.7
..
62.2,8.2.1,9.33.9.4.2.9.5.1. 98.2,9.10.1
Representatis,s ......................... 2.1.1.3.1.1.3.9,
4putens.2...........1.....1.2, 132.5
Resolution of Coins arttl Dtapu.if,he .............. /A,4.5
ResporUibility for Those Pednrming the Work ...... 6... .2. 10
4.. 9..1 .2.9.1 ILL
Reviewo...... a.. oc mntsa 9.3.1.9.6.2.9.8.3.9.9.1.Fild 9.1U.2, 9.Iti.3
Review of ns by Co Document and Field
Conditions n Inu Contractor ............ 1.]_.2.3.2, 3.7.3. 3.12.]
RccOw Brand Ar,bite Sub..... by
Owner anJ ArChitm ........... 4...1u2.. 5.2.. 9.2.9.8.2
.2.9..2
4t Da 4.2.9. 5.±.1, 5.±.3. 92, 9.tl.2
itee..dic� :n Shop Drawings, ...... Dqa
mJand Rem tares ..... ...................3... 31 .2,
Right 4.2. Re.3.6.4 .... 6.1...... 1.18..1. .%..9... 102.5.
4.±.6. 4.y.6. 1.5. 53. 6.1, 6.3.'.3.1, A.3.1, Y.S.I. 9.7, 102.14
1..3...... ..... .. 314
R9Y+IIles and Patms ....... _ ....................... 3.17
AM DOCUMENT A201 • GEeERAI.IXIAUITIO.Aa OF THE COATRaU FOR 00e4-1RUMON • Ftl1:RTME EUITIO.'
4 A201-1987 AL4' &I4M•THF.A>IEIIH:ACI\tiTITIfTE OFAXOIITEII?.1]55]F'1'YORX AVFTL'E. A.W., {'nf111NGT0], D.f..?IXab
Rubs and Notices torArbitration ..................... 4.0
Safety of Persona and Property _..................... 102
Safety Precautions and Programs ........... 4.23.4.2.7.10.1
Samples, Definition of .. . ......... .................. 3.123
Samples, Shop Drswags, Product Dale and ... 3.11,3.12,42.7
Samples at the Site, Documents and ................ 3.11
Schedule of Values ............................. 92, 93.1
Schcdt; s. Conorucinn ... _ ....... .. ................ 3.I0
Sq..,c Contrimand Contractors .......... 1.1.4, 3.14.2, 42A.
.A.5. 6, 113.'. 12.12. 12.2.5
Shop Drawings, Defmbion of ......................... 3.12.1
Shop Drawings, Product Data and Samples .... 3.11.3.12, 42.7
She. Use of............. ................. &13,6.I.I,6.2.1
Site lmpcaiom
Site Visits, Architm .................. 42.2.4.2.5.4.2.9, {.3.6,
9...2. 93.1, 99.2, 9.92, 9.10.1. 13.5
Special lnspmfomattd Testing .............. 4.2.6.12.2.1.13.5
Specifications, Dc6Ntbn ofthe....................... 1.1.6
Specifications, The .......... 1.1.1. 1.1.6, 1.1 1.2.4,13.3.11
Sututcs.f i.buitatiunu.................... 4.5.+.2, 12.2.6.13.-
Stopping the \York ............. 2.3,+.3'.9.?. 10.12.103,1{.1
S,oed SletcriaL
Subcontractor.DrImitirm of. . ....... .................. 5-1.1
SUBCONTRACTORS .................................. 6
Subcontractors. Wok by .................. 1.2.4.3.3.2.3.12.1.
4.23, 53. 5.4
Subcontnetual Relations ............. 5.3,5...93.11.9.6.2.
9.6.3. 9.6.1. 10.2.1. I1.3.-. 113.8. 14.1.1, 14.2.12. 14-32
Submitub ......... 13, i i. 3.10. 3.11.3.12, 2'. 5.2.1. 523.
7.3.6, 9.2.9-4.1. 9.9.2. 9.9.1. 9.102.9.10.3. 10.1.2, 11.13
Subrogation, Walden of ................. 6.1.1.11.3.5.11.3.7
Substantial Completion ............. 4.2.9, 4d.52. & 1.11 a.13.
8.2.3.9.1, 9.9.1, 12.2.1. 1222, 13.
Subsunthl(Zomplctbn. Delfnirimof. .................... 9,11.1
Submltution of Subcontractors .................... 5.23. 5.2.4
Substitution of the Arclihm ......................... 4.1.3
Subsdmtionsof 3bmrhls ............................. 3.5-1
Subsubcmuoa,to. DcMition of ....................... 5.12
Subsurface Condition ............................... 4.3-6
Successors and Assign .. ..... .................. 132
Superintendent ............................... 3.9. I0.2.6
Supervision end Consbuctiun Procedures ...... 12.4.3.3.3.4.
4.2.3. 4.3.4. 6.1.3. 62.+. '.13. -3.4, 8.2, 8.,1.1. In. 12. 14
Surety ........
Suntr. Com,,nt.L...................... Y9.L Y.In.29.10.i
Suncss................ _ .. _ ............... 122.3.183
Suspension by the Owner for convenience ............. 14.3
Suspension of the Work ............. 4.37, 5n.2, 4i.l.lw. 14.3
Stup,,nsinn or Trmu.u,m,V the 4mraa ...... 4.3.7.5.4.1.1.14
Tales ... ........ ... ...................... 3.6.'SaA
Termination by the Contractor ........................ 14.1
Termination by the Olmar for Cause ............. 5.4.1.1.142
Terminationofthe Archi:ec;........_ ............... 4.1.5
Tcrmimaionofthc Contoaor ........................ 14.22
TERMINATION ON SUSPENSION OF THE CONTRACT ...... 14
Tests and Inspections
TIME............. ............................... 6
Time, Delays and Extensions of .............. 4.3.8.-2.1.0a
Time Limits. Specify
4.2.1, 4.'_.11.4.3.: +...3. 53. 5.+. T.3.5, -3.9, 8.2, 92.93.1,
933.9.+.1.9.c1..?'.9.8'2.9.10.2. 11,13. 11.3.G 113.10.
12.2.6. 1,i.', 14
Time Limbs on Claims ...... a32.4.3a.4.3.6.4.3.9.4.4.4.5
Titian Work ...... ...... I.... I.......... 9.3.2.93.3
UNCOVERING AND CORRECTION OF WORK ............. 12
Uncovering of Work . ...... .................... 12.1
Unfo¢sccn Condition= . I ................ 4.3b.8.3.1. 10.1
Unit Prices ...... . ...................... +.1 w.'332
Cscof Ducvtrcru• .. ........ 1.1.1.13.22.3.3.I2.'. S.t
Useof Site ........ .................. 3.13,6.1I.62.1
Values, Schedule of ........... ................ 9.2,9.$3
Waiver of Cletus: Final Payment ........... 4.3.6.4.5.1.9.10.3
\chive, of Ch ins be the.3cchum.... ................. 13.a.2
9:'airar ofCaims br,hc Cr otre tre.. _ ...... 9.10.4.11.3.-.13.42
V'adre'&Chimsbv throsoo....... ....... +.3.5,4.5.1.9.93.
9.103.
Vhieerof Liens...... 9.10.2
Wairc.ofSubroprW.-. ............... 6.1.1. 113.5. 113'
Warrantyand973tranr... ........ ................ 3.5.4.2.9.
Weahcr Dcl,i.......
When Arbitration May Be Demanded .................. 4.5A
worli. Definition of .. ....... ................... 1.1 3
%I finen Comer
113.1. Il.i.l w. 11.1,11. 132. .+2
Written In ..L.4
B..2.l ?-4. A. -
Written
Notice ... 23.1+. t9.
4.5. 52.1.5 l.f. 1.9n. 9.51'.1)' 1012'
ILL2k1:;3. 11L3C._2. 1.2w.13.3,
133.2. H
Wduen Orden... _ . ................... 2.3, 3.%a 3.-.
w.2.2. 1 i.3 9. 11". 12.2. 133.2. 1+.3.1
AM ppwe PUMP! 'GENOUtS.t.00l1IT"rSs 'IF THEGLCIARS Halo>\l'XI'tll0] FixMF\'TR ENT"M
AIA-,Cl- InflA9lA"ASIN"ITI TF.ra AaplfllAT. 1-}%N ["\'MFACF'_CI'1.\tl'., Y'A]III]GTU]:11 ".., A201-1987 5
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE 1
GENERAL PROVISIONS
1.1.1 THE CONTRACT DOCUMENTS
The Contact Documents coruist of the Agreement between
Owner and Contractor (hereinafter the Agreement), Conditkxu
of the Contact (General, Supplementary and other Conditions),
Drawings. Specifications, addenda issued prior to execution of
the Contact. other documents listed in the Agreement and
Modifications issued after execution of the Contact. A Modifi-
cation is (1) a w'rinen amendment to the Contact signed by
both panics. I_') a Change Order. (3) a Construction Change
Directive or ,41 a written order for a minor change in the Rork
Issued be the Architect. Unless specifically enumerated in the
Agreement. the Contact Documents do not include other
documents such as bidding requirements (advertisement or
Invitation to bid. Instructions to Bidders, sarnpk forms. the
Contractnr'r bid or ponimns of addenda relating to bidding
requirements`.
1.1.2 THE CONTRACT
The Contact Documents torn the Contras for Cnstmction.
The Conan represents the entire and integrated agreement
between the panics hereto and supersedes prior negotiations,
represcnutiom or agreements. either written or oral. The Con -
act now be amended or modified only be a Modification. The
Conan Documents shall not be comtmed to create 2 COMM-
tual relationship of an\kid ( I) between the Architect and Can -
racier, (21 between the Owner and a Subcontractor or Sub-
subcontactor sm(3) between any persoru or entities other than
the Owner and Contactor. The .mchitect shall, however, be
entitled to performance and enforcement of obligatkim, under
the Contract intended to facilitate perfomlance of the
Architect's Cubes.
1.1.3 THE WORK
The term "'ttbrk' mans the construction and sen'kcs
required by the Contact Documents, whether completed or
pa Baer completed, and includes all other labor, materials,
cquipmem cord services provided or to be provided by the
Contactor to fulfill the Contractor's Obligations. The Rork
na, cormitete the whole or a pan of the Project.
1.1.4 THE PROJECT
The Project is the total construction of which the Rork per.
fumhcd under the Contras Documents may be the whole or 2
Ian and which may include, consmietion by the Owner or hi
Selrarate contractna.
1.1.5 THE DRAWINGS
The Daw'ing; are the graphic and pictorial raccoons of the Con-
tact Documents, whemer located and whenever issued.
showing the design, location and dimensions of the Burk,
generdlr including plan. elevations, sections, devib, sched
uks and dugmms.
1.1.6 THE SPECIFICATIONS
The Sperifiatom' arc that portion of the Contact Tkuumeno
consisaing of the written requirements lax materials. cq q,
mem, construction systems, standards and workmanship for
the work. and perfom incr of related services.
1.1.7 THE PROJECT MANUAL
The Project M2nu2l is the volume usually assembled for the
Work which may include the bidding requirements, sample
forms, Conditions of the Contras and Specifications.
1.2 EXECUTION, CORRELATION AND INTENT
12.1 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 Ctmrrac
Documents, the Architect shall identify, such unsigned Docu-
menu upon request.
1.2.2 Execution of the Contact by the Contractor is 2 repre
sentanon that the Contractor his visited the site, become fanC-
ia with local conditions under which the Work is to be per-
formed and correlated personal obsemtions with requite
menu of the Contract Documents.
1.2.3 The intent of the Comas Documents is to include 211
items necessary for the proper execution and completion of the
V ark by the Contractor. The Contras Documents ere comple-
menan'. and what is required be One shall be as binding as if
required by 21L performance by the Contractor shall be
requited ordy to the extent consistent with the Contras Docu-
menu and re somblc inferable from them as being necessary
to produce the intended results.
1.2.4 Organization of the SpcdSotions into divisions. sections
and articles, and arrangement of Drawings shall not control the
Contractor iri dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless othen ae sated in the Contra Documents.
Words which have well-known technical or connnuction md\L
tm meanings are used in the Contras Cocuments 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
pimpaed by the Architect are instruments of the Architect's
service through which the Rork to be executed be the Con-
tractor is described. The Contractor rmy retain one comw
maird set. Neither the Contactor nor any Subcontactor. Sub -
subcontractor or material or equipment supplier shall own or
claim 2 copyright in the Drawings, Specifiaoons and other
documents prepared by the Architect, and unless Otherwise
indicated the Architect shall be deemed the author of thenh and
will main 20 common law, statutory and other reserved rights,
in addition to the copyright All copkm of them, except the
Contractor's record set, shall be returned or suitably accounted
for hs the Archileet, on request. upon c inplcton of the Work.
The Drawings, Specifcatons and other documents prepared
be the Architect. and copies thereof Furnished to the Omtrac-
tor, are for use sokly with aspect u) this Project. They ace not
to he used be the CUnuactor or any Subcontractor. Sub-
subcmtactoror munrial or equipment supplier on mher pnsj.
acts or for adi ilkms to this Projtn outside the scope of the
AM DOCUMEM A2a1 • l:f_\EGL towmTluxs nE TIIE a%)Nia.LLT Il1X cxx%TMY.TIh\ • Fnl'f mTn MiTimc
6 AMI-1987 AIM' •&%19N'nIEAARNIt'ASI\cTnl'TE OFA2CInTE(Ix. IT1Asnnll ImtR A\'ECt'CxWl. w'ASIIINGT(ay,nQYMIA
J
Work wthtul ghe sfcdfe wtklen ttxasaM elf the OWM1 ao1
Arching. Tile CLIM12 lo, SUbOmIraClons, Su1FwRuntrxxxs
and material o equipment suppliers are goad a gmucd
livasc to tole, and reproduce Appliable portions of the Draw-
ings, Speciftouxu and other documens prqured by the
Archiea appropriate to and for W in the moccutin of their
Work und[r the Contact Documents. All aopNa mask umkr
this license shag bar the sealuom copyright notice, if any,
shown Son Ile Drawings, Specifications and other documents
prepared by the Architect. Submittal or distribution to meet
official regulator' mquircmens or for other purposes in eon.
nmkn with this Project is not to be connrued as publication
in derogation of the Archimoi s copyright or other reserved
rights.
1.4 CAPITAIIIATION
1.4.1 Terms capitalized in these General Conditions include
those which are (1) specifialiv defined, (2) the titles of num.
bercd articles and identified refnences to Paragraphs, Subpara-
graphs and Qauau in the document or (3) the titles of other
doetmens published by the American Institute of Architects.
is INTERPRETATION
1.5.1 In the imeres; of bm'itc the Contract Documents fire.
quendv omit modifying words such as 'all" and "any" and ani4
cks such is "the" and "an.' but the fact that a modifier or an
ankle Is absent fnxn one sutemrn; and appears in another 6
not intended to affect the interpretation of either statement.
ARTICLE 2
OWNER
2.1 DEFINITION
2.1.1 The Owner s the person nr crtin' identified as such in
the Agreement and is refined w throughout the Gntaat
Documents a if singular it number. The em "Owner" Forms,
the Owner o the Owner's authorized mprcsenative.
2.1.2 The Ownr upon reasonable wrinat request shall fumish
uo the CAmoracto in writing information which is necessaryand
relevant for the Gmtramur I. o'alue. give notice of or
enforce mttiunics lea tights. Such information shall include a
correct statement of the rcanl k a,! tide utl the property an
which the Pntjea s i lcamil. wuWlc :eernal it, as the site, and
the Owners intent therein at thy time of execution of the
Agreement and, within five days after any change information
of such change in title. recordw car unrecttdcd.
2.2 INFORMATION AND SERVICES
REGUIRED OF THE OWNER
2.2.1 The Owner souk'. at the request of the Gmmracor, prior
w,x<cutiun of me Agreement and promptly from time to time
therein, furnish to the Comamlr measocubfe evidence that
financial mrangemcros have Rio made wl fulfill the borers
obl ptiolts undo, the Contract. (.Ctar I Ideas xtn:b ran vomMr
er•idetta' It'rt- jumn-dftvl on nvpnsl prior lu the amtnllm It(
lot' Agn utent. rift• PlTaiexlfrr otM1U'm'lon' llyndd Im1l be
rrrpainvl m mtvdr rig.-Igm+mml or m, a.nuntowor nix• ITilrt./
2.2.2 The Owmt Aedl fumsh wrcys dv'ribing physical
characteristics. iced limitmics and ulikly ill aliont for the silc
of ill,- Project and a k pl dtiriplim of the situ.
2.2.3 Exn1x for panne, and pas which are de r sryxlabiliw
of Ill, Oxtravtr unit tile Gruel 1AennlenL. the Owner
,all wottrc aol pnv for noel- ry app owai,.,,,ns, as,<.
nenls and charges required for construction. use or netulluotT
of riarmen rut stmours or 61r parnm m changes in existing
facilities.
2.2.4 Informaniorior sarxas under tic Ownct's control :Pull
he furnished by the Owner well reasonable promplmSS it)
avolid debr in orderly progress of the Wick.
2.2.5 Unless mhatwm provided in the Contract Documents,
the Gntractor will be fornMed. fox of aiurge, such anpia of
Drawings and Project Manuals al are mawcubly recewtr for
cxeavti n of the Wor's.
2.2.6 The foregoing are in addition to other duties and respon-
slhilities of the Owner rnumemred herein and es c'clalh' those
in respect to Anick 6 (Con unction by Owoer or by Separate
Contractors). Ankle o iRiymens and Completion) and Artkk
I 1 (Insurance and Buruto.
2.3 OWNER'S RIGHT TO STOP THE WORK
2.3.1 If the Contractor fails to currm Itiork which is not in
accordance with the requirements of the Contract Documents
a% required by Paragraph 12.2 or persistently faits to arm out
Tfork in accordance with the Contract Doormen, the Owner,
by written order signed personally or by an agent spedtially sat
empowered by the Owner in writing. may order the Contac-
tor to stop the Work. or any portion thereof. until the ause for
such order hat been ehnuinated: however. the right of the
Owner to stop the R'r)rk shall nut give rise to a dun on the pan
of the Owner in exercise this right for the berclik of the Coo-
tractor or any other person or entity, except to the extent
required by Subparagraph 6.13.
2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
2A.1 If the Contractor defaults or neglects to am• our the
Rork in accordance with the Conran Documents and fails
within a sevenday pentch after receipt of written mike front
the Owna'r to comment and continue cormakn of such
default or neglect with dhiigen a and promptness. the Owner
may after such smenday period give the Gntactor a seared
written notice ill co rea such deficiencies within a second
sevxnday period. If &.e Contractor within such second .seven-
day periul after meant of well second notice fails to elm
mence and cntinue s. correct any tkfxievicies. the Owner
may. without prejudlcy to, other nmcdia the Owner nay
have, corms; such deficiencies. Insuchass in appropriate
Change Oria shall be i••ued deducting fnon pa!mrns men or
thurafrcr due the Conrstur the am of correcting such dcI-
cendes, including cntnemsatim for the Awhilco s additional
scrims and exfctase: made necessary by such dufaWt, ncgka
to failure. Such action by Ihv Owner and anwunis charged to
the Gmttracuu a both subject to prior approval of roe Anhi-
tetl. If parnens then „t :heather due the wntracnt arc not
sufficient u1 is,, such numns. rile Gmvacto shall pay the
differnce Ica the Owner.
ARTICLE 3
CONTRACTOR
3.1 DEFINITION
3.1.1 Title Camara For is the peron I or cuhe klemiRd as such
in Ill, AgmnKnl and b referral to thmugho ut Ilw Ouluatt
IAcumuls as if singular m ntmlber. Ill lam `Goo raanr"
mans th, Ulmr 'uar tar my CAo¢alods aulhodn I
rel, Hume.
AM nOCU Kim•LFSFI(ALv. eylxlln]•'IF II.F.IAAIIMS FIM USaI'Ml l'mnx• not KILL\lll Eid1141
AIA• •2I'M-TIE AYF.alr:.AN INsTon ILIH axl I'm 'FalS l'bistEor WMK ACEM F.]w. WAILINGI N, 11, _•//. A201-1987 7
'`:f� u7
3.2 REVIEW OF CONTRACT DOCUMENTS AND
MI n CONDITIONS BY CONTRACTOR
3.2.1 The, Gmtraor shag carefully study and compare the
Contra 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 dlscotered. The Contractor shall not be liable to the
Owner or Architect for damage resulting from court, mconsir
wricks or omissions in the Contract Documents unless the
Contractor recognized such error, inconsistency or omission
and knowingly failed to repon it to the Ardtilm. If the Con -
reactor performs any construction activity knowing it involves
a recognized error, inconsistency or omission in the Contract
Documents without such notice in the Architect, the Contrac-
tor shall assumc appropriate responsibility for such perfor.
France and shall bear an appropriate amount of the attributable
costs for correction.
3.2.2 The Contractor shag take field measurements and verih'
field conditions and shag carefully compare such field mea-
surements and conditions and other information known in the
Contractor with the Contract Documents before commencing
activities. Errors, inconsistencies or omissions discovered shag
be reported to the Architm at once.
3.2.3 The Contractor shall perform the Work in accordance
with the Contra Documents and submittals approyeel put
strum to Paragraph 3.12.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 The Contractor shall superyisc and mrcct the Work.
using the Contractors beg skill and attention. The Contractor
shall be soleh' responsible for and have control over coawuc-
tion meals. method, techniques. sequences and procedures
and for coordinating all portions of the Work under the Con-
tract, unless Contract Documents give other specific instuc.
dons concerning these ratters.
3.32 The Contractor shall be responsible to the Owner for aces
and omission of the Comtxtor's employees. Subcontractors
and their agents and empbyecs, and other person performing
portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shag not be relieved of obligation to per-
form the Work in accordance with the Contra Documents
either by activities or dudes of the Architect in the Architect's
administration of the Contract. or by tests. inspection or
appus-,Is required or prrfonned by persons other than the
Gmtractor.
3.3.4 The Cuntractor"be responsible for inspection of por-
tion of Work already performed under this Contract to deter
mine that such Amnion ate in proper condition to receive sub-
sequent Wbrk.
3.4 LABOR AND MATERIALS
3.4.1 Unless otherwise provided in the Contract Documents,
the Contractor shall pnn'ide and pea' for labor, materials, equip
mem, tools. commictimn equipment and machinm, water,
heat, utilities. transportation, and other facilftits and scT•kcs
necessary for proper execution and completion of the Work,
whmdher tempura or permanent and whether or nor incorpo-
rated it to be hwtogaonted in the Vt ork.
3.4.2 The Contractor sha8 enforce srkt discipline and pseud
order wrong the CAmtractor's emploans and other ptsmss
caning out the Gmtra. The Gmtraor shall min permit
employment of unfit person of persons min skilled to asks
auiglxd ul them.
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 ahcmise required or permit.
red by the Contract Documents. that the Work sill be free
from defects nor inherent in the quality required or permitted,
and that the Work will conform with the requirements of the
Contract Documenu. Work not conforming to these mquim
ments, including substitutions rwt property approved and
2uthoriwd, may be considered defective. The Contractor's
warranty excludes remedy for damage or defw caused by
abuse, modifications nor executed by the Contractor, improper
or insufficient maintenance, improper operation, or no real
wear and tar under normal tinge. If required by the Architect.
the Contractor shall furnish satisfactory o'idence as to the kind
and quality of materials and equipment.
3.6 TAXES
3.6.1 The Contractor shall pay sales, consumer, use and similar
taxes for the Work or portions thereof provided by the Con-
tractor which are legally enacted when bids we received or
negotiations concluded, whether or not yet eReciice 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 shag secure and pay for the building permit and
other permits and govemmcm2l fees. liCtoSCs and imspecdons
necassan for proper execution and completion of the Ill ork
which are customwily secured after execution of the Contract
and which arc legally required when bid we received or nego
tiations concluded.
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 in ascertain that
the Contract Documents we in accordance with applicable
laws. statutes, ordinances, building codesand ulna and regula
tion. However, If the Contractor observes that portion of the
Contract Documents are at sartanoc therewith, the Contractor
shall promptly notify the Architect and Owner in writing, and
n' neetzsachanges shall be accomplished by appropriate
Modification.
3.7.4 If the Contractor performs Work knowing it to be con
Crary to laws, statutes.. ordinances, building codes, and arks and
regulation without such notice to the Architect and Owner,
the Contractor shall assume full responsibility for such Work
and shall bear the attributable cogs.
3.8 ALLOWANCES
3.8.1 The Contractor shall include in the Contract Sum all
allowarim gated in the Contract Usumems. Imms coyemd
by allowances shall be supplied for such amounts and by such
prgrrts or entities as the Owner may direct, but Gmtraor
shall not he required to employ p.•rg)n or entities against
which the Gmtraor makes reawmable objection.
3.8.2 Unkxs otherwise provided in ache Gmtract Documents:
.1 omawruls and equipment under an allowance shall be
sckacd promptly by dw Owner to amid delay in the
Work:
.2 allow:mn, shall caner the cost it, Ilse Gmtraor of
ncncriab and equipment tethered at the site and all
required taxes, kv appkahle trade• diximnls;
Am DOCUMENT A2M • f.EN ML da)NDITIOxx OF THE CrtNTutlFOR G)x TN'CTOF • Nm'aTELN111 D)M,)%
8 A201.1987 ALa' •21Y+'TIEAxn)AItAC h'x111'ITEM'AMCIIITNII.m')sxl:w'1'umx At'rVl'f act'., w.atIIRLT0.x. nd:. Jaap
Contraor i Costs for unloading and handling m the
,c,of
which subminah arc required elan vvar 111C Convx[nr f+rol*"c
To conform T+ the Information givam and the deSitm concept
.3
1 site, trWalbtin ntsls. uvedaad. Profit and
cx m wd in the Contract DtemmCIMS SL" cw by the Architect
od" espem,, contemplated for stated allowance
is object to the limitations of SubPalagralri+ •.1. .
be inelut" in the Gnlra Sum and
amounts"
not in the Alpwarlces:
3.125 The COmaenor shall m•iew, apPro ve and submit lO the
Data, San+ples and similar
A whenever Costs arc mom than or less than aWwanca.
be adhssted accorthngh by
Architect Shop Drawings, Preadner
required Dr the Contract Documents with M"-
the Comex,, Sum shall
Change Order- The amount of the Change Order shall
submittals
able pm,,piness and in such sequence as to cause no dclac in
reflect (1) The diffem[we between actual costs aml the
the Work or in the acti\ities of the Owner or of separate cm�
Conlraor which ale not
agowances under Cb,,c 3.8.2.2 and (2) ehaoges in
trxlom. Submittals made by the
be rcmmed without
Contractor, costs under Clause 3.8.2-3
required by the OYM12e1 Documents may
3.9 SUPERINTENDENT
3.9.1 The Contractor shall employ a competent superfnurl-
anion.
3.12.6 The Contractor shall perform ran portion of the W'urk
Of Drawtogs, iacIt
at the
dent and r+ttrsan assistants who shall be In amrntlancenmm
irl P or vmilaamal dr wbmhuLs omvvyiew
it ell �ppcc iec sp ub
projM site during performance of the Work. The supe
shall represent the Contractor, and communications given
g
t it has been appfm'ed by the Afehilen. Such W'cM: Shull be in
dent
to the Superintendent spill be as binding as if given to the Con-
acconbn, with approved submittals.
tractor. Important communications shall be co dinned in writ,
ns shall be sim8arlr eonfirtned on
Orha communifaudog
and submitting Shop Drawings. Product
pia. and similarubminals. the Contractor mprestom
ing.
written request in each Case
SmpleS
that the Contractor has determined and verified • -ials. field
3.10 CDNTMCTDR-S CONSTRUCTION SCHEDULES
memuremmts and field construction criteria m6leo emio. or
3.10.1 The Contnctac Promrid, after being awarded the Con-
will do So, and has checked and Coordinated the information
within Such submittals with the requirements of the
era, shall prepare and submit for the OwTei s and Archittcrs
Coni actor.5 nstctim schedule for the WOrk.
com
conumcd
work and of rile Contra Documents.
information a
The schedule shad rut exceed time limits numm under the
3.12.8 The Contractor shall MT be relieved of resPOn ibilin'
Contract Do ,mu. s(tatl be rcrised al appmpri3te intends as
of the Work and Project, shad he
for tln.6[ksns from requirements of the Contra Documents
of Shop Drawing. ProducT Data,
mgcamd by the conditions
related to the entire Projea to the eATrnt required M the Con-
by the Architects appmval
Sannpks or similar Submittals unless the Contractor has
[tact UoctsnnenTs. and shall provide for expeditious and prani-
specjriWM informed the Archftm in writing of such deviation
cable execution of the Work
at the time of Submittal and the Architect har given written
% 3.10.2 The Contractor shall prepare Tend keep Comrnt. (Or the
of submittal which Ls cuordi-
approval to the specific deviation. The C afflmeOf Shall not be
relieved of respomsibilitr for ertors or omissions in Shop Thaw-
ArchiTM-s apprmal a Schedule
with the Cmtuctor'5 construction schedule and allows
ings, Product Data. Samples or simiLv Submittals by the A:chr
Nod
the Architect rc-1121* time to review Submittal
tars appfovd Thereof.
3.10.3 The COOTlYtnr shall conform to the morn recent
3.12.9 The Contractor shall direct specific attention, in writing
mubmpned Shop Drawings. Product Dam. S3mPic5- Of
schedules.
or on
Similar Submittals. to reeisifns other than thuse requested by
3.11 DOCUMENTS AND SAMPLES AT THE SITE
the Amhitm fn previous submittal.
3.11.1 The Contractor shall maintain at the site for [he Owner
copy of the Dow'ings, Spccifiotiom, addenda.
3.12.10 Informational submittal upon which the Archk t I,
mar be w Identified in
one record
Change Orders and other Modifications, in good order and
and sdcctkms made during
not expected m take rrsponsive anion
the Contract DOCUents.
marked eurcemh.to record changes
in addition appm,ed Shop Drawings, Prod
3.12.11 When ProfeSsional «mfOcation of Performance criteria
construction, and
Samples and similar required submittal. These shall
of material, ssems or equipment isrequired be the COCtfxl
tact Data,
be available to the Architect and shall be delivered to the Arch
Work
DOc n m,, the Architect shall be entitled 10 rely upon the
of such calculations and cenift-
tM for submittal to the Owner upon completion of the
accuracy and completeness
312 SHOP DRAWINGS. PRODUCT DATA AND SAMPLES
Ca[inns.
3.12.1 Shop Drawings am drawings, diagrams, schedukS and
data ml spelr prepared for the Work be the CONraCIOr or
3.13 USE OF SITE
3.13.1 The Contractor shall confine Opernionsmthe site to
other
a Subcontractor SubSubc nmanhot.uf, manufacturer, supplier of
areas permitted be 6, Ordinances, Pennirs and the Gntra
encumber me sit, with
distributor to i ltxma c tame portion; of the Work.
DocTmmemts and shall not unreasonably
Pnxh Data are illas. . Standanl sdwdulcs, ter'
mated.Ls or equipment.
brochures.
ft+fmLlee tiara. it,,d by the bnKM1nCr, dtagrJ(n5 and WhCf
furma charm,
infumalkm fumiO+cJ b}'the Contractor us illustrate materials
31a CUTTING AND PATCHING
3.11.1 The Cunlnnor shall be resptmsihle for aiming, fining
or Cquipment ❑ r vole Punkin of the Work.
ar patching squired to complete the Work or it, make its Pans
3.12.3 umpic< site physical examples which illustrate
fit Together pmperly.
materials. cquipnw+n or workmanship and establish smnd:uds
3.14.2 The Gmttaclor shall not damage or endanger a portion
hdI\' cumplcmd nMAnlniln tlf Ile
he which if. v- will he lodged'
Thu, Sampt and shnilar sub-
of elf WOII: Uf Or paniagr
Owner or Separate contractor, by cirld g. rynehing or o1haT-
an3.12.4 Shop thawing,xl , pnua
harc Gnlrxihe pugxaSe of lhcirsuh-
a f)+cullxnts. T
wiw aheringveh construction. orM excacatitm. 77w Gn[rx
alter such ctostnxtkm by the
mina
missal is eknxnwnm for [Met Pontine, if the Work for
Tv Nam not cat tar othcrwxA-
AU pptT1Y@rrAapl•GF'_KDIALfp]TIITT p<fN T1e t:O]TNAQ n+NIU]\lN1YTMlx•np'Nl£Y\TIm EIALtI] 9
IS SF.w rf WxA\T\I'I.. 1W. Ws'I'M:It"O t •YYt6 A2D1.19BI
AM •'Par TIO:AViNItASI]+TITI Th.t6ANf:111T1C1\I
(swller tit a scparale contractor except with written nlnscru or
the Owner and of such squrate contractor; such consent shall
rla be unrcasonaloly withheld. The Contractor shall not unna-
somably withhold from the Owner or a separate contractor the
(ontractor's consent to "Ift to rnherwisv altering the S7'ork.
3.15 CLEANING W
3AS.1 The Oomractm shall keep the pnmises and surround
ing area free from accumulation of waste maerals or rubbish
caused by operations under tic Contract. At completion of the
Work the Contractor shah remove from and about the Project
waste materials, rubbish, the Contractor's tonic. construction
equipment. millinery and surplus mamrlah.
3.15.2 If the Contractor fads to dean up as provided in the
Contract fiocuments. the Owner ray do sit 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 Architm
access to the Work in preparation and progress wherever
kxta ad.
3.17 ROYALTIES AND PATENTS
3.17.1 The Contracor shall pay all myalriec and license fees.
The Convector shall defend suits or claim for infringement of
patent rights and shall hold the Owner and Architect harmless
from lens or account thereof. but shad] not he responsible far
such defense or loss when a panicular design. process or prod.
uct of a particular manufacturer or arinufanuren is required by
the Contract Docturc s. However, if the Contractor has rea-
son to believe that the required design, process or product is an
infringement of a patent. the Contraclorshall be responsible fin
such loss unless such afantation is promptly ftlmished to the
Architect.
3.16 INDEMNIFICATION
3.18.1 To the fullest extort permitted by law. the Contractor
shall indemnin-and hold harmless thc'Owmer. Xrchttm. ArchF
tot s mnsuluns. and agents and employees of any of them
from and again claims. damages. lenses atd expenses. includ-
ing but not limited to mamma' fees, arising out of or resulting
from performance of the Work. provided that such claim. hum
age. kris or expense is attributable to bodily injury, sickness.
disease or death. or to injury in or destruction of tangible prop
city (luher than the Work il¢IQ including koss of use resulting
therefrom. but rank to the extent caused in whole or in pan by
negligent acts or omissions of the Contractor. a Subcomracur.
anyone dirvct]y or indirectly employed by them or anyone fin
,those act they may be Sable, regardless of whether tar not
such Cbml, damage lens Or espcnse is caused to pan in a pony
indemnified hereunder. Such obligation shall not be construed
in negate. ahridge. or red" other rights in obligations of
hick nntp which would otherwise "Ill as to a party of person
desnibud in this Paragraph 3.18.
3.18.2 In claims against any person or entire indemnified
under this Paragraph 3.18 by an employee of the Contractor, a
Artwomactur, anyone directly or indirectly employed by them
or anyone for w'Iwse acts they mar be liable. the indemnifica.
ton oilignion tmclrr this Paragraph 3.18 shall ran to limited by
a 6miertim Inn amount in type of damages. compensation or
honchs pavuble by or raw she (Contractor or a Subcontractor
urwlar workersIn wonknen s compcncnim acts. dtsahility
bencfot acts or.riser cntpklyee benefit acts.
3.18.3 The 4)hl ptkuw tit thc (lntraator under this Paragraph
3.18 sh:dl nun csdad ua tb- Iabilily of she ArehileC1. the Arcbi-
aces s consultants. and agents and employees. of any of them
arising out of ( I) the pnTuratilnl or approval of maps. drawing,
opinions. nlxms. sunlys. Change Ordrrs. designs Or spcxifici
tlons, or 12i the giving of or the failure air give directions or
instruetbrb by the Archilect, the Architects cllnwthants, and
agent, and empknn of any of them provided such giving or
failure it, give is the primarc cause of the injury or damage.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1 ARCHITECT
4.1.1 The Architm is the person ktwtulk licensed to practice
architecture or an entity lawfully practicing architecture iden-
tified as such in the Agreement and is rciered to throughout
the Contract Mrcuments a if singular in number. The temp
"Architect" means the Architect or the Architect's authorized
represenutiyt.
4.1.2 Duties. responsibilities and limitations of authorhy of the
Architect as sit forth in the Conran Documents shall not be
restricted. modified or ex ended without written consent of the
Owner. Contractor and Architect. Consent shall n8 be i nrea-
sonably withheld.
4.1.3 In case of termination of employment of the Architect.
the Orsmcc shall appoint an architect against whom the Con-
tractor mak6 col maomble objection and whose status under
the Contract Documents stall be that of the ftxmer architect
4.1.4 Disputes arising under Subparagraphs 4.12 and 4.l i
shall be subject to arbitration
4.2 ARCHITECT'S ADMINISTRATION
OF THE CONTRACT
4.2.1 The Archilect will provide administration of the Contract
a d4.crihed in the Contract Documents. and wdl be the
Owner's representative (1) during construction. (2)mnid final
payment is due and (3) with the Owner s aonc�unrence, from,
time to time during the correction period described in Para
graph 12.2. The .Architect will advise and consult with the
Owner. Tne Architm will have authority to an on behalf of the
Owner rank no the extent provided in the Contract Dommems.
unless o h..cnvise modified by written instrument in accordance
with olb: provisions of the CAmtract.
4.2.2 The Architect Will visit the Site al intervals appropriate to
the stage of nxstruction to become generally ham8ar with the
progress aid quality of the completed work and to determine
in general if the q'unk is being performed in a manner indical.
ing that thr, ]Fork. when ctlmpkted, will be in accordance with
the Contract Documents. However. the .archhm will not be
required to nuke exhaustive or continuous Intitt inspections
to check quality or goamity of the VCoxk. On the basis of on
site observafioma as an archilect, the Architect will keep the
Owner informed of pmgress of the work. and will endeavor to
guard the Owner against defects and deficiencies in the Work.
4.2.3 The Ardlitnt will not have control over or charge of and
will not tc nynmstbk arc a nsunnuen means, methocts.
technique:. segoenets or procedures, or fur sdcm prtemniors
and programs in connection with the u"ork. siWe these arc
sok1y the Contractors imspursibilim as pmvkktl in µaragriph
3.3. ibc Architect well nor he neycnsihle fin the Umlranor'y
failure u> carry out the n.Fork in actonlance with the Cbnmut
1ldwneos. lbe Anililect will ran have amend over or charge
of and will rnl be m jil msiblc furxts or omfssilm of the Cory
_)
AM DOCUMENT AMI•4ANIMA1.4a.CI11T11IN, 111' 1'I n u n'n41T non COxel xl ll max n x el'EaxTl l Omit 111C
10 A2OT1987 ALA' • -I'Ap lIIll AvElill AN INNTITI I or aaCI In F1"1•,1 44NIw II fox ACL%l'E. C w.w AIIllytr l lC D.C. Yrn:
i
tractor, Subsmuranot, of their agents or enl Plo,tts, or of ally
other pu+t Periumdng punkht of the tt'ork.
4.2.41:ommurhkaliote FS'non l91h CMlratt Doevme
Uon. ExcCIX as ww•b hcrc pm' specially autMf
w when mn
direct cwuniotions have been
riecd, the Owner and Ctmirae,w shall endeavor to communi-
cate h mgh [he ARidIM. Communications by and with the
ArehilM's consultants span be through the ArehitM. Conmu-
nicann is by and with Subcontractors and material suppliers
shall be through the Carmractor. Communications by and with
s-parme contractors shall be through the Owner.
4.2.5 Based on the ArchitM's obsenalfnns and mluatuns of
the ComrMof s .k Pl Oons for pa lmem. the Architect will
review and eenihthe amount due the Contractor and will
Isaac CenincnVIes for payment in such amounts.
4.2.6 The Architect will have author"' a rcjm Work which
does not conform to the Contract Document. Whenever the
AmhilM considers it n,uc,,an• or advisable for implen"12-
don of the intent of the Contras Document, the Architect will
have authority' to require additional inspection or testing of the
Work in accordanre with Subparagraphs 13.5.2 and 13.53.
whether or not such Work is fabricated. installed of ewnplcled.
f7owclxr, neither this authority of the Architect caw a decision
made in gold fa'd' Bohm to exercise or not to mcrccsc such
authority shall giro rise to a toy of fesponsbilin- of the Arahi-
IM ro IIIe Contractor. Subcontractors. material and equipment
suppliers. their agent w employees. or other porsot pedomh-
Ing portkms of the Work.
4.2.7 The Archilm will review and approve or take other
appropriate
upon the COmmeror s submittals such as
Shop Drawings. product Data and Samples, but aNv for the
limited purpose of doling for conformance with information
given and the design concept expressed in the Contract Docu-
ment, The Arch0ects action will be taken with such rcason-
able promptness as m Most, no delac in the Work of in the
acthfties of the Owner. Contractor or separate contractors,
while allowing sullici e, time in the Architects Professkmal
lodgment to permit adequate 'I"-fe `rtn OfSaning hs�I
tals
b our conducted fell the purpose
and completeness of other deWb such as dimensions and
quantities, or for sultafuliating instructions for Installation or
p fumanance of equipmeml car system, all mf which remain the
respnnsfbiliry of the Contractor as required by the Contract
Document. The ArchitM's rcvic, of the Contractors submil-
tb shall not mlice the Contactor of the obligations under
paragraphs 3.3.3.5 and 3.12. TheArchitect's rtvfew shaft not
colno u, appmnl of Safety Precau[icros of, uhk, nlhcrw'ise
specifically slated by the Archf[m. of an, conalmeticm means.
methods, techniques, sequences or procedures. The Architect s
appmov'd of a specific item stall not indkate approval of an
assembly of which the item is a comp ncra
42.8 The Architect will Prepare Change orders and C onstroe-
tun Change Diresh,5, and may nahorjW minor changes in
the Work Its prmkkd m PamgraPh +.
42.9 Thu Archilm will annduet Inspections to delrmume the
date of d t" of SUb anfal Completion and the doe of final
completion, will recuivc and fonvad lu ow Owner for to
Owners leview and records written warranties and related
dlcunent required by the Ceotrael ad asatnbled by IhC
Contractor, and will -wstie' a final Certificate for I'arnxnl upon
compliance with tie rcquiMnwnt of tilt` Gmvx'I Ileuramt.
4.2,10 If ncw Owawr and Ar 1Iiwca agRc. the Anilha will pro-
vide on, of met fhmmlev rtpreseruulfycs to teliu in cam'fng
cull the Archfuci s at the she. The duck:.
mild sibililks and limitations of authoriy of such protect
R-Ixssanutieas,ha be asset forth in an exhillit In humel"V '
rated in the Contract Doevment.
4.2.11 The Architect, Will kl,LVm and docldc natters (lmcern-
Ing performance under and requirement of the Convert
Documents on wnnrn request of either the Owner or Cumrx*
mt. The Architects leapnnse to such requests will he made
with reasorubk im,mptoess and within any time limit agreed
upm. If no agrtement is made c,mceming the time within
which InteRrcotions required of the Architect shall he fur'
nbhcd in compliance with this Paragraph 4.2, then delay stall
our be tecognlred on account of failure by the Archflecl a fur.
nth such intelprautiml until15 days after written fegncu is
made for them.
4.2.12 Interim utions and decisions of the Architect win he
conseaenl with the imen[ of and reasonably inferable from the
Contract Document and will be in writing or in the form of
drawings. When making such mterprcutiom and deeisiOnS. the
Architect will endeavor m secure faithful performance by both
Owner and Contractor. will out show panialn, in, either and
will not be liable for results of inwrpreutiom or decisions w
tendered in good faith.
4.2.13 The An hhm s decisions on MOM relating TO esthetic
effect win be final if consistent with the intent expressed in the
Contract Document.
4.3 CLANS AND DISPUTES
4.3.1 Definition. A Claim is a demand or assertion by lane of
the patties seeking, as a matter of right, adjustment or imerprc-
utun of Contract Ienns. payment of money. mension of time
or other relief with respect to the terms of the Contras. The
term "Claim'" abo includes other disputes and matters in ques-
tion between the Owner and Contractor Wisira out of or rclaI-
ing to the Contras. Claims most be made by -rill" ounce.
The responvTlin' [o su1l. 2ntiate Claims shall rest with the
pan, making the Chins.
4.3.2 Decision of Architect Chaim. including those alleging
an error or omission b, the Architect. shall he referred initially
to the Archie Tt for anion m provided in Paragraph 4.4. A deci
sun by the Architect as Pmv'ided in Subpaagraph 4.4.4. shall
be required as a condition precedent to arbitration or litigation
If a Claim between the Com mor and Owner as to all such
mallet arising prior to the date final paynunl is due. rcgmdlM
of (1) whether such matters matt to esccud or. and progress 'If
the Work or (2) the extent to which the IX on, has been (lmh-
pknd. The dsision b, the Architect in MPIOSe to a Claim
shall not be a condition prncdent h) uthilratVn or n'lliat"m in
the cvenU1) the p saiun of Alchilml i.<raGr1I. (2) the Architect
has not rt,,wed euidence tar has failed to tender a detiskm
within agreed time limit. (3) the Architect has failed to take
aetilm required under Subparagraph 4.4.4 within it) days afar
the Claim is trade, (4) 45 days Nov posed after the Chains has
been referred to the Architect or (5) the Claim MIDI s to a
mcchanic's lien.
4.3.3 Time Limits on Claims. Claims by either hall' mow he
made within'21 days after uctumcnce of nc"vent giving fise w
such Claim or within 21 day., after the claimant for RevgniIcs
thectmditko givingo,c Io the claim. whiehevcr is toiler. Ctdnw
moo be madr hy' vyriurn mmke. An additional (32'm node
after the initial (]aim Isas leett implrncnud by Change, Owlet
will ran he ctmskkRd unkat suMnivad in a timely manner,
AW pOCUNEm lhael•G!]ENAIJL]LIiN)xS of MIF Oolorx--r rill?+l'MI'elMlx•NN'NylY.xl'll fllnwh] 11
Au'•'r. can ewnxuas p�ltn ts.ssNu:urrsns,u-ssyrw nwx A,EM,V.]w. w:aalllxlmlx. of -..us, A201.1987
4.3.4 Continuing Contract PMmmunce. Pcmkng final rcw
'lotion of a Claim including arbitration, unless cubs isc agreed
in writing the Contractor shall proceed dgigemly with perfor
mane: of the Contra and the Owner shall continue to make
payments in accordance with the Contract Documents.
4.3.5 Welver of Cakm: Fkrl Payment The making of final
parmenl shall constitute a waiver of Claims by the Owner
except those arising lion:
.1 lino. Claims, security interests or encumbrances wis-
ing out of the Contract and unsettled;
.2 failure of the work to comply with the requirements
of the Contract Documents; or
.3 tercu of special warranties required by the Contract
Documents.
4.3.6 Claims fa Co mulled w Unknown Cimclitions. If con.
ditfons an: encountered at the site which arc (1) subsurface a
otherwise concealed physical conditions which differ mated
ally from those indicated in the Contras Documents a (2)
unknown physical conditions of an unusual mtum, which dif-
fer material, iron those ord'uudly found to exist and generally
recognized all inherent in consnucdon activities of the
character provided for in the Contract Documents, then notice
by the observing party shag be given to the other pan,
prompth' before condkbns are disturbed and in no event later
than 21 days mm first observance of the conditions. Thc Archi.
leer will prompt, investigate such conditions and, if they differ
Htwedill, arse oat an increase or decrease in the Conmctoi s
cosy of. or imne required fa, performance of any pan of the
V ork. will recommend an equitable adjustment in the Comma
Sum or Contract Time, o both. If the Architect determines than
the mnditiM- at the site went mmemlh• different from those
indicated in the Contract Documents and that no Mange in the
temps of the Contract is justified, the Architect shall w notify
the Owner and Contractor in writing. stating the reason.
Claims by n-her pant in opposition to such determination
must be made within 21 days after the Architect has given
notice of the decision. D the Owner and Contractor cannot
tag. re on an adiusu item in the Contract Sum or Contras Time.
the adjustment shall be mferred to the Architect for initial deter.
munition. subwa to further proceedings pursuant to Pasgmph
44
4.3.7 Claims for Additional Cost If the Commcmr wishes to
make Claim `or an increase in the Contract Sum, written notice
as provided herein shag be given before proceeding to execute
the sv'ork. P: or notice is nor required for Claims relating to an
emergence' edangming life or property arising under Pan.
graph 10.3, If the Contractor believes 3ddniunal cost is
invulved for:asons including but not limited to (1) a wrinen
f ucrpraadum from the Architect, (2) an order by the Owner to
sttrr, the Work where the Contractor was not at fault, (3) a writ.
ten, order for a minor wing: it, the work issued by the Arclu-
tm.(4) failure ofpuymenh by the Owner, (5) termination of the
Contms by the Owner, (6) Owner's suspension or (i) other
reasonable grounds. Chim" be filed in accordance with the
pmcadurc established herein.
4.3.8 Claims fa AddBiorW Time
4.3.0.1 If the Contractor *ehms to make Claim For an increase
in the Coco,: Time. w-riuce notice as provided herein slug be
given. The Ctntrxmr's Chin shall include an estimate of cosh
and of protablc effect of delay on progress of the work. In the
cam of a omwitsing debt' only one Claim is necYisam,
4.3.6.2 If adverse wcwher ondilWs are the basis for a Claim
for additkuui now. such Claim shall be rbsmomod by rho
substantiating that weather conditinns were ahnomlal for the
per" of time and could nor have been reactmably anticipated.
and that weather condmons had an adterse cffca on the
scheduled constnwtlon.
4.3.9 I*ry a Damage to Person a Property. If either party
to the Contract suffers injury or damage to person or property
because of an act or omission of the other parry, of my of the
other panes employees or agents, or of others for whose acts
such paris 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 with.
tonal 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 Thc Archirect will review Claims and take one or more of
the following pteliminan• actions within ten days of receipt of a
Claim: (1) request additional supporting clam from the claimant,
(S) submit a schedule to the parties indicating when the Archf-
tect expects to take action, (3) reject the Claim in whole or in
pan, sating reasons for rejection, (4) recommend approval of
the Claim by the other party or (5) suggest a compromise. The
Architect may also, but is nor 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 appropnwc documentation.
4.4.3 If a Claim has not been resolved, the pane making the
Claim shag. within ten days after the Ardthm's pretimimn'
response, take one or more of the following actions: (1) submit
additional supporting dace requested by the Architect, (2)
modify the initial Claim or (3) nmify the Architect that the initial
Chim sands.
4.4.4 Its Claim has not been resolved afterconsidemdon of the
foregoing and of further evidedce presented by the panics or
requested by the Architect, the Anithec will notify the panics
m 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
oenod, the Architect will tender to the parties the Architect's
written decision relative to the Claim, including any change in
the Contras Sum or Concoct Time or both. If them is a surely
and there appears to be a possibility of a Contractor's dehult
the Architect may, but is nor obligaed to. notify the surety and
request the surety's assisonce 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.
to the breach thereof, shall be settled by arbitration in accor-
dance with the Construction Industry Arbsuation 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 commversies
nr Claims relating to aesthetic eRm and except thuse waived as
pmvicled for in Subparagraph 43.5. Such controversies or
Claims upon which the Architect has given mukc and mndLwd
a decision as provided in Subf mgmph 4.4.4 shall be suhjom to
arbitration upon written demand of eidecr party. Arbitmtitm
ray b: c mmurnttd when 45 thys have pissed after a Gum
has been mfemd to the Anhitetl as pno•khd in Paragraph 4.3
and no dwisi m has botm navilic".
Alh DDmaMENr Aaat• GEIx LlU}LruxStit' TIEGglaAtY HIM IxMIIMI'LYHA,•fi x KnXly 1IUIIVIs
12 A201-1987 AIA' kIv-111EAAERMANINN11TIIi VI.eMd:I11TF.tT.I aex1reVIMMAIE'xl'Lx.w'., <'AUIIx1:Yt Ix. U.C. LvaO
• 4S2 Rules and Notices for Artahrelbn. Chico hetweem the
Owner and Contractor not resolved under Paragraph 4A shall,
If subject to arbitration ruder Subparagraph 4.5.1. be decided
by arbitration in aaxwelznee with the Comtnc'tlon Industry
Arbitration Rules of the American Arbitration Association cur
ready in effect. unless the panics mutually agree Otherwise.
Nmice of demand for arbitration shall be filed in writing with
the other party to the Agreemem between the Owncand Con-
tnam and with the Arnenan Arbitration Association, r n, and a
copy shall be filed with the ArchitM.
4.5.3 Contract perimmmanee Wring Arbitration- Wring rrbi
Drtfon proceedings. the Owner and Contnaor shall comply
with Subparagraph 4.3.4.
4.5.4 When Arbitration May Be Demanded. Demand for arbi-
tration of any Cant may con be mark until the earlier of (1) the
date on which the mchitect has tendered a final written deci-
sion on the Claim. (2) the tenth day after the panics have pre-
sented evidence lode Arrhilect or have been given reasonable
opportunity to dose, it the Architect has not rendered a final
written decision by drat dare, or (3) any of the five events
described in Subparagraph 4.3.2.
4.6.4.1 1Then a w-rinen decision of the Architect series that (1)
the decision is furl but subject to arbitration and (2) a demand
for arbitration of a Claim covered by such decision must be
made within 30 dav<after the date on which the party rllakng
the demand teceives the final written decision, then htlure to
demand arbitration within said 30 days' period shall result in
the Archucci s decision becoming final and binding upon the
Owner tad Contractor. D the Architect renders a decision after
arbitration proceedings Itave been initiated, such decision may
s be entered as evidence. but shall not supersede arbitration pro-
eeedfngs unless the decision is acceptable to all panics
concerned.
4.5.4.2 A demand for Arbimtion shall be made within the time
limits specified in Subparagraphs 4.5.1 and 4.5A and Cause
C5.4.1 es rppliabk. and in other cases within a rasonable
time after the Claim has arsen. and in no event shag it be made
after the date when institution of legal or equitabk proceedings
based on such Clim would be barred be the applicable statute
of limitations at, determined pursuant to Nragraph 13.-.
4.55 Limitation on Consolidation or Joinder. No arbitration
arising out of or mining to the Contract Documents shall
include, by consolidation or joinder or in any other manner,
the Architect, the Mchflecru emploeecs of consullmu- c<cept
by written consent remaining specific reference to the Agree.
ment and signed by the Architect, Owner. Contractor and any
other perm or enure sought to be pined. No arbitration shall
include, by comolf6tim or joinder or in any other manner,
panics other than the Owner. Contractor, a separate comm.
am as described an Amcie 6 and other pecans subsanlially
involved in a common question of fact m bw whose presence
I, required if complete relief is to be accorded in arbitration. No
person or entity other than the Owner, Contractor or a separate
contractor as dcecribed in Article 6 shall be included as an orig-
inal third party or additional third pang aI an arbitration whose
interest or nspomibi iw is institutional. Cunscm to arbitration
involving an adi il'Mual person or entity shall not arnslimtc
conScm to arbitration of s dispute not dcaaibed therein or with
a person au entity con named or descritiod therein. The fore-
going agream ent to 2 aimuc and other agreements it, arbitrate
with an addnilmal Arson tar entity dull assented to be plinks
u, the Agnxmmcr .h151he upeirw.dh' enhuenabe under ap(di.
able law in mT awn hawing jurkWiail n thcrcuf.
4.6.6 Claims and Timely Assertion of Clalnls. A panv who
fills a notice of demand for arhimitun must assn in law
demand all Claims turn known to that pane on which amitra
tan is permitted to be demanded, W hcn a pan fails to in iutk
a Claim through oversight. inadvertence or cscus:rble negk'a.
or when a Claim has matured or been acquired suhsequendy,
the arbitrator or arbitrators may permit amcndm nt.
4.5.7 Judgment on Rreal Award. The award tendered by the
arbitrator or arbitrators shall be final, and 'judgment may be
entered upon it in accordance with applicable law in my court
having jurisdiction thereof.
ARTICLE 5
SUBCONTRACTORS
5.1 DEFINITIONS
5.1.1 A Subconotte m s a person or entin' who has a direct
contract with the Contractor to perform a portion of the Ubrk
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 sepamic
contractor or subcontractors of a separate contractor.
5.1.2 A Sub-subcootrxtor is a person or amity who has a
direct or inducer contract with a Subcontractor to perform a
portion of the work at the site. The team "Subaubcomnctor'
is referred to throughout the Contract Documents as if singular
in number and mans a Sub -subcontractor or an aumodzed
representative of the Sub -subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER
CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Unless otherwise stated in the Conrad Documents or
the bidding requirements. the Contractor, as soon as pnc-
afable after aw7d of the Contract, shall furnish in waiting to
the Owner though the Architect the names or persons or ami-
ties (including :hose who are to furnish materials or equipment
fabricated to a special design) proposed for each principal For -
of the w'or';. The Architect will promptly reply to the Con-
venor in wnang sating whether or not the Owner or the
Architect, after due investigation, lass teas cable objection to
my such proposed person or emits. Failure of the Owner or
Architect to reply promptly shall constitute notice of nu aca mi-
able objection.
5-2.2 The Cuntnctor shall out contract with a proposed per.
sin it emit, to whom the Owner or Architect has made ma-
sunable and timely objection. The Cimmicaur shall not the
required to cf mr., r with anyone m) whom the Contractor has
made reasonable objection.
5.2.3 If the Owner or Architect has reasonable Objection to a
person or emiq' proposed by the Contractor, the Contractor
shall pmposv another to whom the Owner or Architect has no
reasonable objection. The Ctutnn Sum shall be increased or
decreased b, the difference in cast octmioncd by suclh change
and an appropratc Change Order shall be issued. Huwecer. nn
inercau n the Contract Sum shall be allowed finsuch change
unless the Contractor has acted promptly and responsively in
.submitting names as required.
5.2.4 The Cumrstur shall not longs a Suhcunmumr, permm
or endiv prevaMs1v selected if the Owner tar Ardmaat make.
rcaamahk uhm,fitm it, such change.
AU DmaIYENT ANTI •,:LVCMAI. tlm]nll I"-" tub l'IIF.I%gall[Ma Plitt CU]\TMII l lll] • 141 k'1'EF\TII EDITION
.I..-' lllawwbWA\I]N'll'I TE aIr AMC3111'ial'],1-AiNx.V, IMKACF_q a N4.. wA'I!!..l I m. De YY11Y. A201-1987 13
5.3 SUBCONTA CTUAL RELATIONS
5.3A He appropriate agratarment. written where legally required
for aldit,. the Contractor shall action: each Subcontractor, to
the extant of the work to be Performed be able Subcanmiclor.
to be bound to the Contractor by marine Id the Contract abet
menu. and to assume toward the Contractor 20 the obligation'
and raponsibditic, which the Cora xtor, be ukase Dnctl-
menu, assumes toward the Owner and Architect. Each subeon.
Iran agreement shall prezrve and pram the rights of the
Owner and Archimcl alder the Contract Documenes with
respect to the Work to be performN by the Subcontractor so
that subcontracting thereof will not prgtrdioc such rights, and
shall allow it the Subcontractor, unless specifically provided
otherwise in the subconlrxt agreement, the benefit of all
tights, remedies and mains against the Contractor that the
Contractor. be 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 asaibble to each pro-
pored 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. idenlifi, ro the Subcontractor term and condi-
tion of the proposed subcontract agreement which my be at
variance with the Contract Documents. Subcontractors shag
SWRIWIy make copies ofapplicable portions of such documents
o xiable to their respecth-e proposed Subaubcontractors.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5A.1 Each subcontract agreement for a portion of the Work is,
assigned by the Connor to the Owner provided that:
.l as,ig mcm is effeld c only after mmoirution of the
Contract be the Owner for Cause pursuant to Pan -
graph 14.2 andordy for those subcontract agreements
which the OYIKr accepts by nolif, Ing the Subcon-
tnaa in writing: and
.2 assignment is Subject to the prior rights of the sums.
if aev. obligated under bond mixing to the Contras.
5.4.2 If the \Cud: 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 OWNERS RIGHT TO PERFORM CONSTRUCTION
AND TO AWARD SEPARATE CONTRACTS
6.1.1 The Owner mx,rvn the right uo perform cllntnrction or
operation mixed to the Project with the Owner's own Ponce,
and to award separate runuaeas in connection with other pur-
lfons of the Project or other commercial or operations on the
site under Conditions of the Contract identical or substantially
similar to these including those portions related in ireWrance
and wai cr of sobrol adi n. If the Cmmxta claims that delay
or additional cost i innlleed bccnew of stw'h action be the
Owner, the Contractorseall make such China as Pnnvitktl clse-
where in the Contract Dtcumams.
6.1.2 R'h n xluraw ennmwu arc awarded for different p r-
liurts of the Projector Other a realuerkm or operations on the
site. the term '-C ntrxwd' in late fimtract Documents in each
ease Shull mean law Cminaor who etccutes each xpararc
Oehler-ComixLN Agmtme'nt.
6.1.3 The Owner shall provice for eoordinatim Of the aetflt-
Ik: of the Owners own force: and or aeh Sefr rate contactor
with the Work of the Contractor. who shall eoopernc with
them. The Conraclor Shall participate with other separate ram
traitors and the Owner in reviewing their CtlmstN lfrm Sched-
ules wheat directed t0 do ao. The Contractor shall make any
rervisions to the construction Schedule and Contract Sum
deemed necessary after a joint review and mutual agreement.
The eolutru ,flon Schedules shall then constitute the xhedulrs
to be used be the Contractor, separate contractors and the
Owner until Subsequently revised.
6.1.4 Unless otherwise provided in the Contract Documents.
when the Owner performs construction or oix:01mm related
to the Project with the Owner's own forces, the Owner shall be
divined to be subject to the same obligations and to have the
same rights which apply to the Contractor under the Conch
time, of the Contract, including, without excluding others.
those sated in Article 3, Nis Article 6 and Articles 10. 1 i
and 12.
6.2 MUTUAL RESPONSIBILITY
6.2.1 The Contractor shag afford the Owner and separate con: -
tractors reasonable opportunity for introduction and storage of
their materials and equipment and performance of their actirf
ties and Shall connect and eoordimte the Contraaors con-
.trucrion and operation with theirs as required by the Contract
Documents.
6.2.21f pan of the Contractors Work depend for proper
execution or results upon contraction or operation by the
Owner or a separato contractor, the Contractor shall, prior to
proceeding with that portion of the Work, PromPtiv report 10
the Architect apparent discrepancies or defers in such Oahe:
construction that would render it unsuitable for such grope:
execution and resins. Failure of the Contractor so to repot
.hall coosdaute an acknowledgment that the Owner's or sepa-
rate contractors' completed or partially completed contraction
L fit and proper to meet" the Contractor's Work. except as to
defects not then reasonable discoverable.
6.2.3 Costs caused by delays or by improperly aimed actiyftie$
or defective consamction shall be borne be the Dairy res.spon i
ble therefor.
6.2.4 The Contractor shall promptly remedy damage wrong-
fully caused be the, Contractor to completed or partially court
picted conamction or to property of the Owner or xparale
cuninanrs as provided in Subparagraph io.2.5.
6.2.5 Claire and other disputes and matters in question
between the Contractor and a Separate contractor shall be sub-
ject to the provision of Paragraph 4.3 provided the Separate
contractor has reciprocal obligutiomS.
6.2.6 The Owner and each separate conmcmr shall have the
same responsibilities for cutting and patching as are desedhed
for the Contractor in Paragraph 3.14.
6.3 OWNER'S RIGHT TO CLEAN UP
6.3.1 If a dispute arise: among the Coanaor, separate cum
manons MW the Owner as m the msPonsibilio, under their
mspattivc cornice, for wutintaining the premise and surround.ing art,, foe from Sucre materialsand rabbi h as Ikstdhed in
Paragraph 3.1 S. the Owner may clean up and allocate the ruse
among INA- responsible as the Architect determines ro he just.
J
AIA DOCUMENT Anal • GE]ERAI. CUSbITV Ix, err 111E: (:,^I "IT VIM CONTNIXXIax • On'ally-NMI ONTIOS
14 A201.1987 AIA- •I I'p I in AIIEaII:AN 1%TrI TE"FARCHn MIN.1 R SkT YaIX ACNIT. KY'_ wANIINI;l ON. D.C,?tO.
ARTICLE 7
CHANGES IN THE WORK
7.1 CHANGES
7.1.1 Changes in the Wmk may be. accomplishnl after e:eev-
tkm of the Gmtrxt. aId without inealiebting the Gmtrxt. he
Change Order. Gxulmokm Change Ditecti•.c or order his a
minor change in the Work. subject to the limitations sated in
this Amick 7 and ebc eh w in the Contract Ducrmems.
7.12 A Change Order shall be hared upem a ll—oent among
the Owner, Glmraelar and Architect: a Comametilm Change
DkMhY require, •Jgirsement by the Owner and {rChitM and
mayor may not he agreed to by the Gmtranm: an order for a
minor change in the York mac be issued by the ArchilM
alone.
7.1.3 Changes in the York shall be performed under appli-
cable provisions Of the Contact Doeunents, and the Comae
for shall proceed promptly, unless othem ise Prol'ided in the
Change Order, Coo, motion Change DieNve or order for a
minor change in the Work.
7.1.4 If unit pric s an, sated in the Gmtrxt Documents or
subsequent[ agreed upon. and If quantities originally con-
templated are so changed in, prlp<, d Charge Order or Con-
svuction Charge Directive that application of such unit prices
it) quantities of WOIL PrOryued will cause subsrantial kequiq'
u. the Owner or Comrxmr, the applicable unit prices shall he
equitably adjured.
7.2 CHANGE ONDE85
! 72.1 A Change Order is a written instrument prepared by the
Architect and signed by the Owner. Contractor and Architect.
setting their agrernxtn uPtlr ail of the following:
.1 a change in die A['Ork:
.2 the amount of the adjustment in the Gmtract Sum: if
any; and
.3 the extent of the adjustment in the Contra Time. if
any.
7.2.2 slerhods used in deremuningadjustments to the Clmlract
Sum may include diode filed in Subpaagraph'33.
7.3 CONSTRUCTON CHANGE DIRECTNE6
7.3.1 A Cunslraction Change Dime iye is a written order Pre -
rated by the Architect and signed by the on"ner and mchiect.
directing a change in the York and stating a proposed huh for
sdjteunknt, if any. in the Gmract Sum lac Gmmact Time. tar
both. ale Okra, rmy by (:,XUulletkm Changa' Directive.
.khuul invalkUl ft the Contract. Order """go in ill,- AT'urk
within die general cope of the Conran ctmsisling of x1di.
iluu, daletkms Or other mm Jomv, the Gmlrx, Sum and Con-
tract Time being atGuard accordingly.
7.3.2 A C.I.ea uatkm Changy Difcetfe'c shill be dud in the
ahainceof Ilxal agumem On idle terms of a Change Order.
7.3.31f Ile O>marwilm 131101e Dhea'tiee proyidts for an
adjustment to the Gmrct Sum. the adjusu»cn, shall he heel
on one of the following metlu-6;
.1 mutual accepumce of a lump suit, Pmjxdv kern,
` and suprymad hr suffw'kni wlosetntkning tiaa ru Per
j mi, a alunkan:
.2 unit prkos stied in the t:o rioa t Ikeuneous let sd1
,,Iuymh" agreed urym:
.3 cowl III he &-tamrimxl in a manor actted uron he
tau parks anti 3 mutually xeeTtalik, ftvtl tar pnnnt-
age fie: In
.4 as pnwklal in Subjamgiallb 7.3.6,
7.3.4 Upon receipt of a CAlommctkm Chartge Dircciise. the
Contractor shall promlpAh' proceed with the change in the
Work irwoh-ed and adl'ile the Architect of the Contrator's
Agreement or disagreement will' the method. If any, Pfmkkd
in the construction Change Directive for determining the pro-
posed adjustment in the Contact Sum or Contract Time.
72.5 A Construction Change Direcive signed by the Contrao
lot indicates the agreement Of the Contractor therewith, includ
Ing adjtawment in Contract Sum and Contract Time or the
method for determining them. Such agreement shall be eNeo
live immediately and shall he recorded as a Change Order.
7.3.6 If the Contractor Oboes nut respond promptly or disagncs
with the method for adjustment in the Clmrrac Sinn. the
method and the adjustment shall be dete rmircd be the Archi-
tect on the bash' of reasonable e. Nmirmrec and sayings of
those performing the Work attributable to the change, includ-
ing. in case of an increase in the Contract Sum. a reaumable
allowance far ovcrhead and profit. In such case. and also under
Clause'3.i. i, the Contractor shall keep and present. in such
form as the Architect may prescdhe. An herniated accounting
together with appropriate upporting data. l'nkcs otherwise
pn)%.kW in the Contract Documents- costs for the purposo of
,hb Subp aaivallh ' 31, shall be limited to the following:
.1 caws of labor. including social security. old age and
unernpiopmrnt insurance. fringe benefits required by
agreement or custom. and workers' or workmen's
comoensation insurance:
.2 costs of maerals. wpp8es and equipment, includ-
ing owl of ustspmnaion. whether incorporated or
consumed:
.3 rental tors of machinen• and equipmem. exclus{ee of
hand moh. whether rented from the Contractor or
others:
A costs of prcmiums for all ponds and insurance. permit
feesand sales. use in similar taxes related to the
Work: and
.5 additional clad ufsuil iskm and field ')free per ran
nel directly attributable mI the change.
7.3.7 Pending final deteminaWn if cost to the Owner.
amounts nor in dispute may he included in hpIllic Lion% for
flyment. The amount I r.cndit to be- allotted by the Gmtrx'-
tur ro the Owner for a uelation or change• which raauhs in a Ixr
decrease In the Gmtract Sum shall R aural net cost as mn-
fimud by the Archava, When hxh additkms and reedits
macring related Work Or whstimtions are hooped in a
change' the a8ow:mcc for overhead and Polls shall le ftgunel
on the hash of net increase. Han'. with ft pia ro that change.
7.3.81f the Owner and Cunirrnnr aka not agree with the
adhe,imuv in Contract Time or the method for determining it.
the adlustm rat or the method shall le mfemd to file Architect
fan doemlin:nl In.
7.3.9 Nihon the Owner and lameavrf agree with dui• deter.
minatkm made by the Architwl omecrninp me aaljln'mamlA in
file Ca antral Sum and 0,Ius t Time. .,,,them i.v mach agao
rent uplink the adjustmcals. Sidi agreement slull le c8wtiyc
immnlimell and shall ha- rnexrkd by pn7arnfon alhl esaev-
,km If:."appngoriac l:iea worek,.
AIA occoMENT AHM • e.E]raer. Cl r]Ix'llaC> UI' 1'UL CI WT AIA 11. CV.�I Iw-1 nIn . +. n nun_. ..............
A2D1.1967 15
An• - I•M-1'Ira.ewrlN:ASI]aT1I'TIrIlAm:Irnkl:T£.1} F.>Ylxtx Acexl'F'_xt..wAMlrwr'rlx r•I.:au
7,4 IINOIC CHANGES N THE WORN
7.4.1 The Architect Wig hate authority in ordn minor changes
m fhc work not involving adjustment In the Ctntract Sum ar
etlternkon of the Contra Time and nut inconsistent With the
intent of the Comr,,r Doeamems. Such changes shall be
effected by written utter and shall be binding on the Owner
and Contractor. The Contractor shall carry Out such wrinext
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-
tra Documents for Substantial Completion of the V ork.
8.1.2 The date of commencement of the Work is the date
established in the Agreement. The date shall not be postponed
be the failure to act of the Contractor or of persons or entities
far wham the Contractor B responsible.
8.1.3 The date of Substantial Completion is the bate ecnificd
by the krchitm in accordance with Paragraph 9.8.
8.1.4 The term " day'" as used in the Omttact Documents shall
mean calendar day unless other cise specifically defined.
8.2 PROGRESS AND COMPLETION
8.2.1 Time limits stated in the Contract Documents an: of the
essence of the Contract. Bc crooning the Agreement the Om -
tractor confirms that the Contract Time is a reasonable period
for performing the Wnrk.
6.2.2 The Contractor shall not knowingly. rscgr by agree -
mentor instruction of the Owner in writing. prematurely eom-
rnem<opeations on theme or el. eWhcre prior to thmciloctiwe
slate of insurance required be Article I 1 to be furnished by the
Olmrnwr. The date 1If mmmentttnent of the Work shag not
be clanged be the e8ecmr date of such insnance. Unless the
date Of commencement s established by a Immix to proceed
given by the Owner. the Contractor shall notify the Owner in
wiling not less than five days or other agreed period before
commencing the CCOrk w. permit the timely ruling of mortgages.
mechanic's gem and nther security interests.
8.2.3 The Cuntraaur sfuel proceed espeditioteh with ade-
quate form and shall xIuicce Substantial Completion within
the Contrx'I Time.
8.3 DELAYS AND EXTENSIONS OF TIME
6.3.1 If the Comlractor is delactti a any time in progress of the
Work Aran act or regka of the Owneror ArchitcL, Or of an
ctnplo)ee of either, or of a separate c nuncio cmplmed by
the Owner. or by change, ordered in the Work, or by bhnr
di puns. fire. unusual seta' in deliveries, unm'nidibk casualties
or ther cause-, beyond the Omttactor i control, or by deb)
authorizixl by the Owtwr pending arbitration, or by other
causes which the Archkeel detMumCN may lowih' Ikby, them
the Ctintrat Time shall h eveml d by Oangc Order for suds
nuanaabk time a if. .Yellilc'Ct may aletermine.
8.3.2 Cfumv, relating tat time shall 1ue male in :wou d n ce with
applicable provisions, Paragraph ti 3.
8.3.3'1his Paragraph r s tkty nix produce nxoye-nif dam,
age, fur uelu)' b% ciulw: pmy under other paw buts Of the
Conunki IA,, umcno.
ARTICLE 9
PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1.1 The Contra Sum is stand in the Agreement and, mclud
ing authorized adjoslmmis- is the total aramnt payable by the
Owner to the Contractor far perfomlance of the V ork under
the Omuact 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 "FUM allocated to
various portions of the Work, prepared in such form and sup
puned by such data to substantiate its accuracy as the ArChkW
may require. This schedule, unless objected tobythe Architect,
shall be used as a basis for reviewing the Omtrarto(s AppOer
turns for Payment.
9.3 APPLICATIONS FOR PAYMENT
9.3.1 At least ten days before the date established for each
progress payment, the Contrxwr shall submit to the Architect
as itemized Application for Payment for operations completed
in accordance with the schedule of values. Such application
shall be nominated. 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 marriage
if provided for eltcwherc in the Concoct Documents.
9.3.1.1 Such applications may include requests for payment on
account of changes in the kT"ork which have been properly
authorized bid Construction Change Directives but not yet
included in &,ngc Orders.
9.3.1.2 Such applications nay not include requests for pay-
ment of amounts the Contactor does not intend to pay to a
Subcontractor or material supplier because of a dispute or other
reason.
9.3.2 Unless Irhemew provided in the Concoct Documents.
payments shall be made on account of materials and equipment
delivered and suitahlc Rmed at the site for subsequent incor-
poration in the Work. If approved in advance be the Owner,
payment may similarly be mark for materials and equipment
suitably swrcd off the site at a location agreed upon in writing,
Payment for materials and equipment stored on or off the site
shall he conditkmd upon compliance bv- the Contactor with
procedure, Satisfacmn' 14, the Owner ill establish the Owner s
title ul such materials and equipment or Otherwise protect the
Owner's inmost. and shall include applicable insumnm,
storage and transportation to the site for such materials and
equipment stored tiff the tale.
9.3.3 The Con actur warrants that tide m all work cowered by
an Application for Payment will pass to the Owner no later than
the time of payment. The Contractor further warrants that
upm submittal of an Application for Payment all \Cl)rk for
which Certificates for Payment have been previowl, issued
and payments received from the Owner shall. to the best of the
Contractor 's knoavkdge. inkrmatkm and beliyC be free and
clear Of (lens, claims, security interests or em'umhances in
Gctir of the Olnuacnu. Sul cmurxtors, material suppliers, Or
other perstnes or entitle: making a claim by rcwem of hawing
pruvkkd labor. materials and equipment refining u) the Work.
9.4 CERTIFICATES FOR PAYMENT
9.4.1 The Architect will. within seven da}'n aficr « civil% of the
l:)mtrxvr's Applk:nbm for Ibynwnh, either w w w file
AM D VAENT AMH •.;r'MU 1'A1 -INTIONS IN lilt. C XVI loch' I M CI I]>TW lTIV w • RtlIT[LCTII Mal I,^
16 A201.1987 114- I— I'm—IIll: AMIAR-A] I]\TITITf'IF AKI:1IITFI IN. I td]lw 1010,Jo FwyESY, WA]III4:11], Ill:, SIMMM.
• Owner a Certificate fill Poement. with a cow u. the 0,nmX-
am, for such ammm[ as the Architect 4rarnincs is properly
due• of tariff, the Conraor and fhener in writing of the
Architect's rascsys for withholding certification in whole or in
Pan a provided in Subparagraph 9.5.1.
9.4.2 The assurance of a Certificate for Payment will constitute a
representation by the Architect to the Owner. bred Inn the
Architect's obsenatiom at the site and tar data comprising the
Application for Payment, that the Work has progressed to the
point indicated and that, to the bet of the Architect's knowl-
edge, information and belief, quality of the Work is in accor-
trance with the Conran Docummis. The foregoing represent
liens are subject to An evaluation of the Work for aadomunce
with the Conract Documents upon Substantial Completion, to
results of subsequent tests and inspections, to minor deviations
from the Contra Documents correctable prior to completion
and to specific a ualifintions expressed by the .Architect. The
issuance of a Cenifiate for Poemenl will further constitute a
representation that six Contractor is entitled to payment to the
amount certified. flowerer, the issuance of a Cenifrate for Pay-
ment will not be a representation that the Architect has (1)
made "ImU me or eomimmus on -site inspections to check the
quality or quantity of the Work, (2) re iewcd construction
means. methods, techniques. sequence or procedures, (3)
reviewed copies of acquisitions received from Subconiractos
and material suppliers and other data requested be the Owner
to substantiate the Cantrxor's sight to payment or (4) made
examination to asoct ant how or for what purpos the Contrac-
tor has used moray pirr ioush' paid on account of the Contract
Sum.
9.5 DECISIONS TO WfTHHOLD CERTFIGATION
9.5.1 The Architect may decide nm to certify payment and
may withhold a Certificate for Payment in whole of in pan, to
the retent reasoabl, necessary to protect the Owner. if in the
Archkea's opinion the represen[atioa In the Owner required
by Subparagraph 9.+2 cannot be made. If the Architect is
unable to certify Payment in the amount of the Application, the
Architect will note, the Contactor and Owner as proeided in
Subparagraph 9.4.1. If the Contractor and Architect cannot
agree on a revised sancunt, the Architect will promptly issue a
Cenifiate for Paamarm for the amount for which the Architect
Ls able to make such representations to the Owner. The Archi-
tect may also decide not to certiN payrnem or. because of
subsequently discu'ered a idence or subsequent observations.
may nullify the whole of a pan of a Cenificat, fie P2emcm
pro•iowdc issued, to such extent as may he neccssan- in the
ArchilM's opinion to protect the Owner from lens bemuse of.
.1 defeethe Work not remedied:
2 third panyclaims filedorreasonable evidence, malitm-
Ing probable filing of such claims;
.3 failure of the Commoor to make pacnxmas prop-
erly to Sub ontractctrs or for tabor. matcriaL, o
equipment.
A reasonable ceidence that the Work cammi he com
parted for dx ungiJ balance of the Osumi Sum;
.5 tLimage• in the Owner or another contractor:
.6 nnis oabk e,k1owe that the Work will our be com-
pleted within the Contmet Time. and that the unpaid
balance wytokl not be ade-yate to covet aim] or
6quidand Itunaµes Im the anticipated delay: tar
.7 persistent failure uo carry out the Work in xnlnkmce
with aha Contract Dotmmms.
9.5.2 When the show :eal,ens for withholding cimificnkm arc
removed. certification wa h made for mmnnts prc%sously
w-khhckl.
9.6 PROGRESS PAYMENTS
9.6.1 After the Architect `.0 issued a Cti ifrale for P2,Ynem,
the Owner shall rake n:rman[ In the manner and within tax
time provided in the l-w•c:rat Dcxvmenu. and shall so notify
the Architect.
9.6.2 The Contractor s.--0 promptly pay each Subcontractor,
upon receipt of paymcn: fran the Owner, out of the amount
paid to the Contractor e:. account of such Subcontractor's por-
tion of the V ork, the aznum to which said Subcontractor is
rattled, reflecting prcezz:ages acncdly retained from payments
to the Contractor on accoum of such Subcontractor's portion
of the Work. The Cor.:r.:tor shall. by appropriate agreement
with each Subcontuee:. require each Subcontractor to make
payments to Subsubccc:raclors in similar manner.
9.6.3 The Architect wti. Yd request, famish to a Subcommc-
tor, if practicable, mfie .Solon regarding penvneages of cot
pledon or amounts cap: ed for by the Contractor and action
taken thereon by the.A=c. Ucla and Owner on account of por.
dons of the Work dor:e `-y such Subcontractor.
9.6.4 Neither. the Cars r.,:nor Architect shag haae an obligation
to pay or to see an the CnYnem of money an a Subcontractor
except as may odterw�s `e required by hw'.
9.6.5 Payment to mare-_?upplicrs shall be treated in a manner
similar to aha: proeidec r. Subparagraphs 9.6.2.9.6.3 2nd9.6.4.
9.6.6 A Certificate for : -ant. a progress payment, or partial
or entire use or occ'upan.: of the Project by the Owner shall
not constitute accept inze of Work not in arordance with the
Contract Documents.
9.7 FAILURE OF PAYMENT
9.7.1 If the .trchirecl C:c nol issue a Cer ifrax for Payment.
through no fault of tt Cuntraair. within Yuen days after
receipt of the Contrac. r s Application for Payment, or if the
Owner does not pay it.- _:nnoactor within Peen days after the
date established in the Cm rict Documents the amount mr-
aified by the Architect i s awvdcd by arbitration. then the Orn-
tractor may. upon s en additional days' written notice Io the
Owner and A chi cct. s:.: the Work until payment of the
amount owing his been -:1-cued. The Contract Time shall be
extended appropriate., cad the Contract Sum shall tic
increased by.he amm- : f Cne Contractor's o asoahlecasts of
shut -down. delay and s:_: up. which shall be accomplished as
provided in Article -.
9.6 SUBSTANTIAL COMPLETION
9.8.1 Sulxremial liar :i in is the stage in the progress of the
Work when the Ww.k desiga[ed portion them.( is sufr-
eicnth complete in acc.:_mec with the Contract Documents
so the Owner can oxcer? ur utilize the Work for its intended
me.
9.8.2 When the Omtrac:.: constricts that the Work, or a pant
[km thTevf which aim I xncr agrtcs to accept separator, Ls
substantially mmpaMc.:.`.: Contractor shall prep are and submit -
rot the Architect a nmpre`cwien list of items to tier co mplchd
or nonacid. The Cun:—:-.r dull proceed promptly ,, aim.
pkw and conch item, n. is lit. Failure w include as hem ran
such lit does ran alter :-s re ponsihili[y of the Omaracur to
ranpiete• :ell Work in rllaae will) the L'ootraet Uxv-
mrnts. Upon receipt w Contractors list, the AniliteCt will
make an inspection u, a:: -mine whether six Work tar uksig-
AU oortll Aunt • GENERA. COND11IUSI Ix TI IE 131\Tatl7. nil lxhxxTal tmux • 111 to FITT- a rs
AIA` •RI•M'lY1E A.FIX:AN IS>TRITEOf AMf.IIREr:Tx.l pt New TfMR A\'FnfE xw'.. iAVIRYnY1\; - n A201.1987 17
natal pmkm thereof h snlwtamialh nxnpMc. if the
Awhiva i iaspectkm dnekwas an, itan, whxhr or not
included on the Omtracloi s list, which is not in accoldamc
with the requiremcou of the Contract Documents. the Ccmtrac-
tor shall, before ilsuance of the Cenif"c of SuMantul CAERE-
pletbn, complete or ctmcct such item upon nutifKnko by the
Arehtme. The Contractor dull then submit a reQlest for
another )mpctkot bA' the Architect to determine Substantial
Completion. When the Work or designated pinion Thereof is
substantuly complete, the Architect will prepare a CCO111 ate
of Substar i Completion which shall establish the date of Sub-
stantul Completion. shall establish responsibilities of the
Owner and Contractor for security. maintenance. heal Entities,
damage to the Work and insurance. and shall fix the time
within which the Contractor shall finish all items Tam the list
accompanying the Cenificrte. Warranties required by the Con.
tract Documents shall cummentee on the date of Substantial
Completion of the Wink Or designated portion thereof unless
Otherwise provided in the Cenifinm Of SuMtantet) Cumple-
don. The Cenifrnte of Substantial Completion shall be sub-
mitted to the Owner and Contractor far their wrinen accep
ranee of respmdbilities assigned to them in such Crificatc.
8.8.3 Upon Suhstandal Completion of the Work Or designated
pmWn thereof and upon application by the Contractor and
eer ifecitiun by the Architect. the Owiter shall nuke payment.
reflecting adjustment in reui cage. if any. for such Workor poi
tkm thereof as pmyided in The Cbnm¢l Ikoctim"m
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 The Owner mar ,,,p% or use any completed or par -
daily completed portion of the Work at am' stage when such
POO Ls designated ho separate agreement with the C01i
tur, procidad such o arpanc)" or use u amsemal to b� the
insurer as required under Subparagraph 11.3,1! and authorized
by public authorities hasing Iudschcokm uoCr. the Wnrk. Such
partial occuparto or use may commence whether or rot the
pinion is subsnmuk complete. pmAided the Owner and
Contractor havoc accepcd in writing the nsplmstbilities
assigtcd to each of :hem for payments, rCuir Esc if are..imm-
rirs, maintenance. heat. uTghies, damage to the Work and insur-
anex.:md haoc agreed in Aotiting concerning the period for ax-
r ilm of the Work and commencement of warranties
required by the Contract Ikcummu. W'her. the Contractor
considers a portion subsiantially complete, the Contractor dell
prepare and submit n list to the Archftcct ai provided under
Subparagraph 9,9.1. Consent of the Contractor to partial oceir-
pancy or use, shall nor he unrcaumably withheld. The sage of
the progress of oho Work shall be dcienumed by written aµrar
merit between the Owner and Contractor sat rf coo agreement is
leeched, by decision of the Architect.
9.9.2 Immediately prkx to such panial Ilealpanac or W. The
owner. Contractor anti mehitct shall bind, inspect the WCa
to be occupied or pmkm of the Work au be used in order To
determine and record the condition of The Work.
9.9.3 UolaSs otherniw agrced apnm. partial otcttpanov or use
Of a pmksn or p rd om odTle Work shall nor constitute amip-
unm of Work con complying with the requirements of the
(:anima rx"I cams.
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 1'pm nxeipt of wdttri notice that the Work b nwdo
fur final inspethm and xnpunce and upm nccipT of a final
Applisalion fix Palm". The Architect will ful—pily oalke
soc h in.pectk in and. who the Arel"HI 1 folds the Work acapt-
ahk under the Cnnuact D iemments and the Camamct fully per-
formed. md. the Architect will pnxnpdy Elsa a final Cenir"te for
Paomml stating that ho The hest of the Arahitma's knowledge.
information and belief. and rant the hisat of the Architera
niwamtkms and Inspections. the Work has been completed in
accordance with terms and conditions of The Cammct Drell'
Incite, and that the entire balance found to be due the CoTltrx-
tor and noted in said foal Certificate is due and payable. The
ArdmitW S final Ceniflatte for Payment will constitute a further
representation that conditions listed in Subparagraph 9.10.2 as
precedent to the Comranor's being entided to final payment
hate been fulfilled.
9.10.2 Neither final payment nor am remaining retained
percentage shall become due until the contractor submits to
the Architect (1) an 2MCbit that payrolls. Ii for materials and
equipment, and Other indebtedness connected with the Work
for which the Owner or the Owmr's propene might be
responsible or encumbered (less amounts withheld by Owner)
haoe been paid or otherwise satisfied, (2) a mitifiCk a emidere.
ing that insurance required by the contract Documents to
remain in force after final p2vEn l t is conclude in effect and will
not be ancellcd or allowed to expire until 21 [east 30 days'
prior written notice has been gioco to the Owner. (3) a written
sixe ment that the Contractor knows of no substantial reason
that The insurance will not he renewable to (Doer the period
required by the Contract Dmellmenta, (4) consent of suretc, if
any. m final payment and 15). if required by the Owner. other
data establishing parmcnt or sarisfactlon of obligations. such as
receipts. releases and waives of liens, claims. Secudo' interests
or encumbrances arising out of the Contact. to the extent and
in such form as mar be designated by the Owner. If a Subcon-
tractor infuse, to furnish a release or waiver required by the
Owner. the Contractor may fumish a bormd satisfactory to the
Owner to indemnify the Owner against such lien. If such tieil
remains unsatisfied after payments arc node, the Conimcnr
shag refund to the Owner all mono That the Owner may be
compelled To pay in discharging such lien. including all exosu
and reasonable attorneys' fees.
9.10.3 If. after Subs untal Completion of the Work. final cum-
plenon thereof La neatedalhdelayed through no fault of the
Commctor or by issuance of Change Orden affecting final
.completion. and the Architect w confirms. the Owner shall.
upon application by the Contmaor and eertifivatkm by the
Architect, and without terminating the Contract. make payment
of the balance due for that portion of the Work fully complacd
and accepted. If the remaining balance for Wnrk not fully com
pleted or Nrrm'ted Ls less than retairi stipulated in dx CoTm
Tract fhocumems, and if boroLs have been funhisli the written
consent of wmy to payment of the balance due feu that por-
tion of the Work futr ttonpleted and accepted shall be submit.
sad by the Contractor to the Architect prior to certification of
such payment. Such paymem shall he made under tcmu and
amditioms governing final payment, except that it shall not
constitute a waiver of claims. The making of final pacmrnt shall
amhstimte a waiver of claims by the Owner as provided in Sub-
paragraph 4.3.5.
9.10.4 Accepmnce of foul pa)went by the C namctnq a Sub-
cut,,,r'or or material supplier shall constitute a waim v of
claims by That payee cxccpl muse pweg"ty made in writing
and kkmili d by that payee as unsettled at tie Thee of TIME
Applicatkm for Povmamt. Soda wahcrs shall ie in addition Tat
the weber deiTibal in Subpamgmph a i.i.
AIA DOCUMENT AtOt IGLxF.KAI. mIVcot rasa Uf it lf.t1W1KV:T VIM C,^%OU'rTNIN-FIX'" U"111 NxTmA
18 A201.1987 AIA' •; 1 + II1r.ifIOUCAxlxfl'111'I F. UI AK(:IIITICS\t Iixrw VOKKA11-11 ]M'_w"APIIIxGTY)T. n.r. YVu
ARTICLE 10
PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAMS
10.1.1 The Oide ctor shall he responsible for militating. m;dn
timing and WpLTvhk* all safely pre autklm' and program, in
connection whh the perfumunce of tlrc O nlact.
10.1.2 In the evemt the Quay. nor encounters. on
the site
nuterel reawmabdy begeyed to be asbestos or pokchWdr tcd
biphrnTl (PCB) winch has not been tknd lurmk_mi, the
Camtr:lc(IF shall immediaelr stop Womhrk in the am affected
and repom the condition to the Owner and Architect in writing.
,The work in the affined area shall not thereafter be marmed
except by written agreement of the Owner and Cont nor if in
fact the mitered is asbestos or polychlorinated biphethyl (P(,B)
and has cox horn tendered harmless. The Work in the affected
area shall be rtsumed In the absence of ashstos or p lyehdori
need biphenyl (PCB). a when it hus been "tiered hamtlem.
by written :Igteenrnt of the Owner and Contractor, or in
atttxdam r with fed determination by the Architect on which
arbitration has teal been demanded or by arbitration under
Anick a.
10.1.3 The Camu teror shall not be required pursuant to Anick
to perform without nmscnt any Work relating m asbestos or
p lyeillorinated biphemi (PCB).
10.1A To the (idles aum permitted by law, the Owner shall
indemnify and hod harmless the CArmactor, Architect. Nrchi.
tce, s consultants and agents and employees of any of them
form and against clume. tlamrges, losses and expenses, includ-
ing but nor limited to ammevs' fees, arising out of sir resulting
(next performance mf dw work in the affmed arm if in fact the
material Ls asbestos sir pulychlorinated biphenyl iPCB) and has
nut been tendered hamkzs, provided that such claim. d3 rage.
hiss or expense is mrbumble to buddy injury sickness, disease
or death, or rut injunto sit destruction of tangible property.
(other than the Work itself) including less Of use resulting
durefrom. but only to the extent caused in wholc or in pin by
negligent acts or ten .ms of the Owner. anyome directly or
indirectly employed by the Owner or anyone ft whose acts
the Owner may he liable. regardless of whether or not such
claim, damab'e. keys in cxpnse is caused in par; by a puny
indemniifinl hereunder. Such Obligation shall not 1x corvan ed
to negate. abridge cw reduce other rights or ublig tinm of
imknmita which would Otherwise exist as ell a pray or PC Fri
described in this Suhluragraph 11).1.4.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Gmtraior shall take raeonable precautions for
safety of. and shall poyide r:ewmable protection to prevent
damage, injury or lets roe
.1 ampnarIn m the Work and other p:rvms echo may
h affected thereby:
.2 the Work and mayrials:md equipment u.IV incorp -
clad thcrrin. whether in siom l v on or ,if the site,
under are. Innody or control of the Cmmrtor or
the Gmiraircs Suhvrnmnors or Sub-suhvntric-
tuts; and
.3 other property at the site sir adjacent therm. such m
erns. Mindw, lawns. walks. pivianema, roadways.
stnklWes amp a0ilks cot designated fill nmkwal. tit.
allow Ill 111"XI urw ill Ilk' elwtra' of O mV Rrrkb.
10.2.2 the Owaraaur Hull glee nwxw'as and otyply with
aipwkahk ews, orJfnalkt:.mks. kisdatkwn anti bw4nl nmlers
of public andxmtics barite tut ufcty tit lwr oo or poptiy tit
Jxir pnxwtkm fnxn damage. injury or loeK
10.2.3 The Gnnmemr sisal! teen and maintain. M required by
existing conditions and performance of Ow CaNnrai, tmWm.
able safeguards for safety and pnwnikm. Wisfing posting
danger signs and mher warnings' against hazards. prom llAn!ng
safety regulations and notihing owners and users of adjacent
site and utilities.
10.2.4 when use or storage of expl sires tit Other hazardous
materials Or equipment it unusual mrthnds arc nccexsaw for
eservtion of the Work. the Gratraaor shall exercise utmost
are and cam' On such activities under suprOi ion of properly
qudifrd personnel.
10.2.5 The Contactor shall promptly remedy damage and loss
(tither than damage or loss insured under pnlpem' insurance
required b, the Contract DtKu aN) it, pnNvnv referred to in
CeuKs 10.2.1.1 and I0.2.1.3 caused in whok or in pan by the
Calntractor. a Subcontractor. a Sub', htmtralor. or myune
directly or indirectly emplotcd by any of than or by anyone
for w'txse acts tie -may be liable aid for which ;he Contractor
is resp nsibk under Clauses 111_t.1.2 and I111.1.3. except
danage or loss' attributable to ace Or omii iorr, of the Owner
or .Architect or anyone directly or indirectly employed by
either of them. or by anyone for whose acts tithe: of them may
be liable. anti not aunbutaSie to the hull Or negligence of the
Giamatti. The foregoing obligatk:rs of the Contractor an, in
addition to the Contactor s Ob6ginoms under Paragraph 3.16.
10.2.6 The Contractor shall designate a mplmsib!e member of
the Contacror s organization at he site whose dust shall be the
pre'entkon of accident. This person shall be the Gmtrac[O s
superintendent unless otherwise designated by the Contractor
in win ing to the Owner and Architect.
10.2.7 The Contmor shall nix kid or permit one pm of the
consrru Lion or site to by loaded so as to endanger its safety.
W.3 EMERGENCIES
10.3.1 in = =agency affmiingWny of Mss ns or pmpeny.
the Omtmanr shall an. at the Ommaur s diamion. to pre-
sent threatened damage. injury or Noss. A&Inional eumpensa-
tion or extension of rimy claimed by the Contactor on account
oLm tmxgttttav shall by determined as provid vt in Paragraph
4.3 mtl it ide 7.
ARTICLE 11
INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Urnimclur shall puniase from and maintain in a
company in companies lawfully authmaN u) do lrusi ess in
dhc jurisdiction in which the Project is kxated such insurance ss'
will protect the Gtmmaur in= claims xr forth below which
play ante out of sir result from the Cmtacaus oparmions
undc+the Gmtma and for w'hhin the Contractor mate he kg:dly
liable. wncther soil upe::nhms Iw b% the Co ntrxvor six by a
Sulutmlmctor On b% unyonc dined%or indira tic cmpk ycxl by
my of 111cm. sir Iw anwne for wbov an, any of Ihem may be•
Bible:
.1 churns under worker' sir wnrkmcn s cunllxncltini.
dellidi y hem1it mid other simile ❑nplwcc howfl acts
which arc apticahc to the Work NO Ile jxR mead:
AM DDa1MEMr AMII • IsEXENAt 1:IrxblTloxA of 1'1IF iALgRMT flat IkrxAwrtrNex • 1x mrv-:F\ltl nmknx
1•eM-TIIrAw1AIGx1.\:'l'll'ITE OYANI:IIITGr.T�.l3e IEw'VIWK A'E." F..%% wlIH.XtnINAo. yrin A2OT19B% 1B
AIA'•"
.2 claims for alantages beaux of bodily injury. o:cupa
tkmal sickmcs or d"sease. or death of the Cmtnctoor's
cmpk yces;
.3 claims for dtfrsfages because of bodihinjuny, skkneu
in disease, m doth of my person other than the Cm-
tnrror's empovece
.4 claims for damages Insured by usual personal injury
liability coverage which arc sustained (1) by a person
as a result orano0ensc directly or indirectly related to
employment of such person by the Contractor, or (2)
by mother parson;
.5 claims for damages. other than to the Work itself,
because of injury to or dcanigriun of angible prop
env. including loss of use resulting therefrom:
.6 claims for thmges because of bodik injury, death of
a person or property damage ariing out of owner
ship. maintenance or use of 2 motor ,chick: and
.7 claims involving conmctfal liability insurance appli
able to the Contractor's obligations under Paragraph
3.38.
11.1.2 The insuramce required by Subparagraph 11.1.1 shall be
written for no less than limits of liability specified in the Con-
trast Documents or required by law, whichever coverage is
greater. Coverages, whether wdtwn of.. in occuoence or
claims -nude basis. shag be maintained without interruption
from date of eummemavnrnt of the Wvrrk until date of final
payment and remminaim of mi. coverage required to be main-
tainal after final panrmaft.
11.1.3 Cenifiates of Insurance acceptable to the Owner shall
be filed with the Owner prior to commencement of the Vbrk.
These Certificates and the insurance policies required by this
Paragraph I1.1 stall contain 2 provision that cmerages
afforded under the Policies will nil be anccRed or allowed to
expire until a least i0 drys' prior written notice has been given
to the Dwner. If my of the foregoing insurance cmenga arc
required to remain im force after final payment and are reason-
ably available. an additional ceniftrne evidencing continuation
of such coverage shall he 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 x'iih reasonable promptness in iccordmcc with the
Contractor's information and belief.
11.2 OWNER'SUABILTry INSURANCE
11.2.1 The Owner shall he responsible for purchasing and
maintaining file Owners usual lubilitp inv:mcc. Optionally.
the Owner mac purchase and maintain other insurance for self-
pu)twkm against dams which mar six from operations
under the Contract. The Contractor shall not be responsible
for purchasing and maintaining this optional Owner's liability
insurmcc unless specifically required be the Contract
Ductmtcnl,
11.3 PROPERTY INSURANCE
11.3.1 Cnic:s otherwise pruvitid, the Owner shall purchase
ami maintain, in a anri any or nompanics joyfully authurimd
fu do business in the jurisdiction in xhich the Prolcet is
loc:md, pnspenv invmme in the amount of the initial Out.
frail Sum as wdl as uthea ltem mddificaiuns thereto fur the
entire V'ork:n thesiesn a replaamurs con! tui, withoutvol-
unfary sleduclihle, Srah propgny insurance shall by maim
uinul. 1e11e1s nlherwin pnoyiid in file (:untrxt Ikwvmrnes
tar iahcrxise agreed in writing by all per -co, and emitics w'hi
arc Ie,, i'uriev a rsuh imuranse, until fill,! p;n'ntent has been
nu,seapnn'itkd in Pangenoh`).Minimum no pcmtar emit,
other film the Owner has an insurable ntrnv in the pmpeny
nyuinJ by this Paragraph 113 ho he covered. whichever is
carlkr. This insurance shall inchmic intersis of the Owner. the
(imtrxior, Subcontractors and Suhsubeuntraerors in the
1t'sxk.
11.3.1.1 Property insurma shall be on m all-risk policy foot
and shall ensure against the perils of fire and extended coverage
and physical loss or damage including. without duplication of
coverage, theft, vandalism. malicious mischkf, collapsq false -
work, temporary buildings and debris retrieval including
demolirinn occasioned by enforcement of any applicable kpl
requirements, and shall cover reasonable ownpensasion for
Architect's sm•ices and expenses required as 2 result of such
insured loss. Coverage for other perils stag not be required
unless otherwise provided in the Contract Documents.
11.3.1.2 If the Owner does not intend to purchase such prop
env insurance required by the Conlon mid with all of the
coverages in the amount described above, the Owner shall so
infom the Contractor in writing prior to commencement of
the V'ork. The Contractor mac then effect insurance which will
pram the interests of the Contactor. Subcrmmcrors and Sub
subcontractors in the Vbrk, and by appropriate Change Order
the cost thereof shall be charged to the Owner. If the Contnc
for is damaged b, the failure or neglect of the Owner to pur-
chase or maintain insurance as described above, without so
ramifying the Contractor, then the Owner shall bear 211 reas m-
able costs properly attributable thereto.
11.3.1.3 If the property insurance requires minimum deductF
bles and such deductibles are Identified in the Contract Docu
mans. 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 cross mi covered because of such increased or
voluntary deductibles. If deductibles ere fsot identified in the
Contract Documents, the Owner shall pap class tent covered
because of deductibles.
11.3.1.4 Unless otherwise pmvilcd in the Contract Coca.
mens. this propem' insurance shall cover portions of the Work
-stored off the site afier written approval of the Owner a the
v:due established in the approval. and alai ponims of the Work
in transit.
11.3.2 Boller and Machinery Insurance. The Owner shall
purchase and maintain b)Ber and machinery insurance
required m' the Contract Dueumems im by' taw'. which shall
specifically corer such Insured object, during installation and
until final acceptance by the Owner; IN, insunae shall include
interot, of the Owner, Omtractoc Subctmtracturs and Sub
subcsntnnurs in the Vbrk. and the Owner and Cminctm
still he muffed 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 LLB of fife Owners property
due co fire or other bawds. however caused. The Owner
waives all right, of:aikm against lie Gmtraeoor for lees of use
of the Owners pmlxnv, including nm: quemnl losses due to
fire or other harwnis has vier caused
11.3.4 If life C rt actor requests in writing that iuwmnwc for
mks usher than those described herein or for exhe-r special has
ands he included in the pmperty insdn my prmic,. the Owner
shall. if possible include e such imurmcc. and the own lheryl
.shall be dmrktid to the Cnuractur by appropriate (hanµ,
ONer.
Au DOCUMEW Aam • d:rxlaal. dot nmmd oxs tar file fr)xTRA(T vox faoxsTntTx ev • Faa'xl'lrmft am"
20 A207.1987 sea' P:: Toll led)m'Axr:mTEd I>. f-n xr<1"UXx eyCxrF.xw w.aVlrf.T"%.lef..tuu.
11.3.5 If during the Project construction period the Owner
insure, properties, real m personal or both, adjoining m adja
ocnt to the site by property Insurance under policies separate
from those insuring the Project, or if after final payment prop
erer Insurance is to be provided on the completed Projm
through a policy m paficies oth<r than those bnsuring the Prof
Oct during the construction period, the Owner shall waive all
rights in accordance with the Ierrns of Subparagraph 11.3.7 for
damages caused by file or other perils covered by this sepaatc
property insurance. All separate policies shall provide this
waiver of wbrogation by endorsement or otherwise.
11.3.6 Before an cxposum to loss may occur, the Owner slag
file with the Contractor a copy or each policy that includes
insurance ,ve agies required by this Paragraph 11.3. Each
policy shall contain all generally applicable conditions, defni-
lions, 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 Walvers of Sbrogallon. The Owner and Contractor
waive all rights against (1) each other and any of their subcon-
tractors, sub-subcontract0m. agents and employees, each of the
other, and (2) the Architect. Architm s consultants, separate
contactors described in Article 6, if any, and any of their sub -
contactors. subwbmntaaors, agenu and employees, for
damages closed bT fire or other perils m the extent covered by
property imuance obtained pursuant to this Paragraph 11.3 or
other property insurance appgablc m the Work. except such
rights as they have to proceeds of such insurance held by the
Owner as fiduciary- The Owner or Connor, as appropriate•
shag require of the Arehilm, ArchAm's consulants, separate
contactors described in Article 6, if any, and the wbcontrx-
tors, subwboontrxTors, agents and employees of any of there,
by appropriate agreements, written where legally required for
validity, sbnilar waivers each in favor of other parties enum-
eated herein. The policies shall provide such wafters of wbmo-
gation by endorsement or Otherwise. A waiver of subrogation
shall be effective as m a person or amity "m though that per.
son or enthy would Otherwise have a dun• of Indemnification,
contactual or otherwise. did not pay the insuance premium
directly or indirmh', and whether or not the person or entire
had an insurable interest in the property damaged.
11.3.8 A loss insured under Owners property insurance shall
be adjusted by the Owner as ftducian' and made payable to the
Owner as fiduciary for the insureds, as their imcros may
appear, subject m requirements of any applicable mortgagee
clause and of Subparagraph 11.3.10. The Contractor shall pay
Subcontractors their just shares of insurance proceeds received
by the Contractor. and by appropriate agreements, written
where legally regmned for validity, shall require Subcontract ns
to make payments to their Sub -subcontractors in similar
manner.
11.3.9 If required all writing by a party in interest, the Owner
u 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 Ow'rcr shall deposit in a separate account pro-
cess so received which the Owner shall distribute in accor-
oimce with well agreement as the panics in interest may reach,
or in acmnana with an arbitration award in which case the
procedure shall be as provided in Piagaph 4.5. If after such
Innis no other special agreement is made, replaccment of dam-
aged property shall be covered by appropriate lunge Order.
11.3.10 The Owner as fiduciary shall have yxhwcr to adjust and
settle a loss with btsufers unless one of the putties in inert
shall objm in writing within five days after occurrence of loss
to the Owner's exercise of this power; if such objection be
nude, arbitrators shall be chosen as provided in P-jagaph 4.5.
The Owner as flducen' 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 (firm such distribution.
I i,3.11 Penal occupancy or use in accordance with Paragraph
9.9 shall not commence until the insurance company or com-
panies providing pmpeny insurance have consented to such
partial occupancy or use by endorsement or otherwise. The
Owner and the Contactor shall take reasonable steps to obtain
consent of the insurance company or companies and shall,
without mutual written consent, lake 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 shag have the right to require the Contac-
tor to furnish bonds covering faithful performance of the Con -
too and pajT ent of obligations arising thereunder as sdpu-
ated in bidding requirmens or specifically required in the
Contract Documents on the date of oxecudon of the Contact.
11.4.2 Upon the request of any person or entity appealing to
be a potential benefice., of bonds covering payment ofobhp-
tions arising under the Contras, the Contactor shall promptly
furnish a copy of the bonds or shag 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 corollary to the
Architect's request or to requirements specifically expressed in
the Contact Documents. it most, if required in writing by the
Architect, be uncovered for the Architect's obsenation and be
replaced at the Contractors expense without change in the
Contact Time.
12.1.2 If a punion 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 be the Contactor. If such Work is in
accordance with the Contras Documents. Oulu of unmyer-
Ing and replacement shall, by appropriate Change Order. be
charged to the Owns. If such Work is not in accordance with
the Contras Documents. the Contactor 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 cusic
12.2 CORRECTION OF WORK
12.2.1 The Contractor shall promptly correct Work rejected
by the Architm or failing to conform to the requirements of
the Contract Do smicns. whether observed before or after
Substantial Completion and whether or not fabricated, installed
or completed. The Cuntiector shall bear Oasts of correcting
such rejected Work. including additional testing and inspec-
tions and mmpcnulion for the Architects services and
expenses made mcessan thereby.
12.22 If, within tine year after the lane of Substantial Conpte.
tom of the Work or designated portion thereof or after the Wit:
AIA D,,uMEMT Afal • GENUA1. C<xNDll'WAN OI ME. taINMALT FOR QMNTREtm1AN • Rt'nhl Tli UATIOx
AIA• •6'1•x1C l'l1E Atl1:M1<ANLCSTITTEUYARIa III'ELl S. ITAt New PURR AyICCi.. S.w..<AQIISI:TI Ly.pL 9rrK A201.1987 21
In, commencement of warrantirs established under Sub-
paragraph 9.9.1. or by tellrs of an applicable special wan inty
required by the Contract Documents, any of the Work is found
11 be not in accordance with the requirements of the Contract
Documents, the Contractor shall correcr it promptly after
receipt of written notice from the Owner to du so unless the
Owner has prevloush' given the Contactor a written accep-
tance of such condition. This period of one year shall be
ectended with respectmportionsofWork fast perfomledafter
Substantial Completion by the period of time between Substan-
tul Completion and the actual pefformanCC Of the Work. This
obligation under this Subparagraph 12.2.2 shall survive acccp-
tanoe of the Work unclear the Contact and termination of the
Contract. The Owner shag give such mice promptly after dis.
cover' of the condition.
12.2.3 The Contactor shay remove from the site portions of
the Work which are ram it accordance with the requirements
of the Contract Documents and are neither converted by the
Contractor nor accepted by the Owner.
12.2.4 If the Contactor falls to cortecr nonconforming Work
within a reasonable Lime, She Owner may correct it in accor-
dance with Paragraph 2.4. If the Contractor does not proceed
with correction of such Orancenfomting Work within a reason-
able time fired by w'rium ODOM from the Architect, the Owner
may remove it and score the Salyabe materials or equipment at
the Contractor's expense. N the Contactor does nut pay costs
of such removal and smragc within ten days after written
notice, the Owner Ira, upon ten additional days written
notice sell such marelGband equipment at auction or at private
sale and shall account for 1he proceeds thereof. after deducting
toss and damages that should have been home by the COn-
tractor, including compensation for the Architect's services and
espenses made necessary thcmby. If such proceeds of sale do
nut corer Coss which the Contactor should have home, the
Contract Sum shall be reduced by the deficiency. If payments
then or thereafter due theContrxro are not sufficient to cover
such amount. the Comuactor shall par the difference to the
Owner.
12.2.5 The Contactor shall bar the cost of Correcting
destroyed or damaged construction, whether completed Of
panially completed, of the Owner or separate contactors
caused by the Contractors correction or removal of Wok
which s not in accordance with the requirements of the Con-
tact Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be con-
,im,d to establish a period of limitation with respect to Other
obligations which the Contractor might have under the Con-
ran De come s. Establishment of the time period of one year
as described in Subparagraph 12.22 relates unh' in the specific
obligation of the CDT%rmOr to correct the Work. and has no
relationship to the time within which the obligation to comply
with the Contract Dotmuens may be sought to be enforced,
nor to the time within wilkh proceedings mac be commenced
to establish the Connors liability with respect to the Con.
tractors Obligations other than specifically to correct the Work.
12.3 ACCEPTANCE OF NONCONFORMING WOW
12.3.1 If the Owner pick, ul aseept Wmk which is on, in
accordance with the requirements of the Cunlract Documcrlrs,
the owner may do wI kmrad of nquiring is renov-,d and cor-
n'cuon. in which case 111e (Amlrarl Sum will Ile reduced as
appfupfialt, sal "Itulabk. Such adiusumill shall be cULcied
whether or not final payment has born mask.
ARTICLE 13
MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contrast shall be go, erred by the law of the place
where the Projca is bated.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owmer and Contractor respectively bind them-
xlvcs, their partners, successors. assigns and legal represenm-
tives to the Other party hereto and to partners, successors,
assigns and legal mp resentrames 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 wTinell consent of the Other. If
either parry attempts to make such an assignment without such
consent, that parry 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
steed if delivered in person to the individual or a member of
the firm or orno, or in an officer of the corporation for which it
was intended, or If tlCllvered at of sent by registered of cenified
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 Contact 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 ro act by the Owner, A chitecx or
Contactor shag constitute a w-2Wff of a right or duty afforded
them under the Contrast. noir shall such action or failure to act
constitute approval of Or acquiescence in a breach thereunder.
except a may be specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Tens, inspttlions and approvals of portions of the
Work required by the Contract Documents or by laws, ordi.
nanecs, rules, regulations or orders of public authorities haying
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 tar
ing laboramnor entity acceptable to the Owner. or with the
appropriate public authority, and shall bear tag related costs of
tests, Inspectbm and approvals. The Contractor shall give the
Architect Umeh' notice of when and where tests and inspec-
tions are to be made so the Architect may obsen'c such proce-
dures. The Owner shag bear costs of tens, inspections or
appmvats which do oul become requirements until after bids
are rcceiycd or negotiations concluded.
13.5.2 If the Architect. Owner or public authorities having
jurisdiction determine that portions of the Work require addi-
tiooal toning, inspection or approval nut included under Sub
paragraph 13.5.1, the Architect will, upon written authorization
from the Owner, instruct the Contractor to make arrangements
for such addniorul toning, inspection or approval by an emit'
mi,clitabe to the Owner, and the contactor shall give timely
notice rothe An'hilecr of when and white Ices aril inspecTbns
are to by made sot the stchilm may obsene such pnivcdurm
A10i DOCUNENr A2D1 • GENEXAt CI.WnILMS OF THE CILX aAtT POK 0^NTX1'4SIOx • F01'R1'EE1711 BLITM.
22 A201-1997 AIR-•FIYA-TIIEAVF.XIG]IxSTITITEGFAH:IIITE(TS I�aA]Ew'1'dHK A\'E>fExX'.. w'.Aflln(iT0].D1. YpY,
The Owmet shall bear such costs except as provided in Sub'
paragraph 13s.3.
13.5.3 If such procedures for testing, inspection or approval
under Subparagraphs 13.5.1 and 135.2 reveal Failure of the
Ponlons of the Work to comply with requirements established
by the Contract Documents, the Contractor shall bear all costs
made necesstry by such failure including those of reposed
Procedures and compensation for the Architect's services and
expenses.
13.5.4 Required certificates of testing. inspection or approy-1
shall, unless otherwise required by the Contract Documents, be
Mxtsrcd by the Contractor and promptly delivered to the
Architect.
13.5.5 If the Architect is w observe tots, bmPeecuom or
approvals required by the Contract Documents, the Architect
will do so promptly and, where practicable, al the normal Place
of testing.
13.5.6 Tests or inspections conducted pursuant to the Con -
into Documents shall be made promptly 10 avoid unreasonable
delay in the Work.
13.6 INTEREST
13.6.1 payments due and unpaid under the Contract DOcu-
matts shall bear interest from the date payment is due at such
rate as ilia parties nay agree upon in writing or, in the absence
Ihereof, at the Icgal me prevailing from time to time at the place
where the Project is located
13.7 COMMENCEMENT OF STATUTORY
LIMITATION PERIOD
13.7.1 As between the Owner and Contractor.
1 Before Substantial Completion. As ro acts or failures
W act occurring prior to the relevant date of Substan-
tial Completion, any applicable Statute of mnlratlOM
shall con ,,mom to run and any alleged cause of anion
shall be deemed to have accrued in any and a3 events
our later than such date of Subsuntul Completion.
2 Between Substantial Completion and Final Certifi-
cate for Payment. As to aces or failures to eras o Ciir-
ring subsequent to the n4c a nt date of Substantial
Compiniun and prior to issuance of the final Cci ift-
Ole for Payment any applicable statute of limitations
shall commence to con and any alleged cause of
action shall be deemed to hart accrued in any and all
evens not later than the dale of issuance of the final
Cenifane for Pavmenr and
.3 After Final Certificate for Payment, As to secs or
failures to xT Occvning after the relevant data of Issu-
ance of the final Gnificate for Poyment, any appli-
caMe senew of limitations shall commence to inn and
any alleged cause of action shall be deemed to have
accrued in am' and all events not bier than the date of
arty ci or failure to set be the Contractor pursuant to
any amumv provided trader Paragraph 3.5, the date
Of any aarenion of the stork or failure to curve the
Work In the Gmtnator under Paragraph 122. sir the
date of actual commission of any other act ear failure
uo perform any duty or obligation by the Gmtrxuor
m fhyM. whichever Occurs last.
ARTICLE 14
TERMINATION OR SUSPENSION
OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1.1 The Comranor may terminate the Contract if the Work
is Mopped for a period of 30 days through rw act or fault of the
Contractor or a Subcontractor, Subsubcontractor or their
agents or employees or any Other persons performing portions
of the Work under contract with the Contractor, foram' of the
following reasons:
.1 iSMlance arm order of a court or other public author-
hy having jurisdiction:
.2 an as of gmemment, such as a declaration of national
OrRrgral . , making malCdal unM]IIable;
.3 because the Architecr has not issued a CeniBcate for
Payment and has not notified the Contractor of the
reason for withholding certification at prmided in
Subparagraph 9.4.1, or because the Owner has not
made payment on a Certificate for Pavmens within
Elie time stated in the Contract Documents:
A if repeated suspensions. debys or interruptions by the
Owner as described in Paragraph 14.3 constitute in
the aggregate more than 100 percent of the brad man,
her of days scheduled for completion. or 120 days in
am- 365Cav perked, whichever is less: or
.5 the Owner has failed to furnish to the Contractor
promptly, upon the Contractor's request, reasonable
evidernce as required by Subparagraph 2.2.1.
14.1.2 If one of the abort reasons exists, the Contractor may,
upon seven additional days' written notice to the Owner and
Architect, terminate the Contract and reeocer from the Owner
payment for Work executed and for proven loss with respect
to materials, equipment, tools, and construction equipment
and madiirwy, including reasonable ceerhead. profit and
damages.
14.1.3 If the Work is stopped for a period of bra days through
no act or fault of the Contractor or a Subcontractor or their
agents or employees or any, other persons performing pardons
of the Work under contract with the Contractor because the
Owner has poseaeodv failed to fulfill the Owner's obligations
under the Contract Wcumcnts with respect to matters import
sent to the progress of the Work, the Cuntractur may. upon
seven additional dayswritten amke to the Owner and the
Architect, terminate the Contract and recover from the Owner
as provided in Subparagraph 14.12.
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2.1 The Owner may a m,a the Contract if the
Contranur:
.1 persistently or repeatedly refuses of Nils to supply
enough properly skilled workers or pmper materkds;
.2 fails to make payment to Subcontractors for m:nerbi,
or labor in accordance with the respective agreements
between the Gmtrac'tor and the Subcontracton:
.3 panistenth, disregards laws, onlin'mcs, or rules. role
ulatisas err orders of a public authority having jur -
dieiun; or
A otherwise is guilty ofsuhatantul breach Ora provision
of the Contract Documents.
14.2.2 Whoa any of the above reus+ms cxia. the Owner, upon
cortifncmin by the Architect that sufficient nose em1% to ins-
W poC1a1ENT Ain • GLVEXAL COSIXTRINS W 1'In tlIFTMd]' net a}).\�TXrYTXLx • RMXTELM 11 "A"1]
AIA' •i;, IVN TIE.UIEXIGx ntiTnlTEe11 AXL1r11'ECT.1\'t'_{'A]IIIxd.TY>]. DC. a'..,A201.1BB7 23
tify such anion. may without prejudice many other rights or
remedies of the Owner and other giving the Contractor and the
Contractor's surer•, if any, seven days' written notice, umni.
nate employment of the Contractor and may, subject to any
prior rights of the surety:
.1 take possession of the site and of all =red&, equip-
ment, tools, and construction equipment and m chin.
cry thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Pan.
graph 5.4; and
.3 finish the Work by whatever reasonable method the
Owner may dean expedient.
14.2.3 When the Owner wimmici ncc Contract for one of the
reasons stated in Subparagraph 14.2.1, the Contractor shag not
IK entitled to receive further payment umd the Work is
finished.
14.2.4 If the unpaid balance of the Contnct Sum exceeds carts
of finishing the Work, including compensation for the Arehi.
sects services and expenses made necessary thereby, such
excess shall be paid to the Contncror. If such cases exceed the
unpaid balance, the Contractor shall pay the difference to the
Owner. The amount to be paid to the Contractor or Owner, as
the case may be, shall be certified by the Architect, upon apph.
cation, and Nis obligation for payment shall survive termina.
tan of the Concoct.
14.3 SUSPENSION BY THE OWNER
FOR CONVENIENCE
14.3.1 The Owner may, without cause, order thc Comnctor 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 inOases in the co, of
performance of the Contract, including profn on the increased
cost Of perf mumR, awd by suspension. delay or interrup-
tion. No adjustment shall be made a the extent
.1 that perforiilmee is, was or would have been so R6
pended, delayed or interrupted by mother cause for
which the Contractor is responsible; or
.2 that an crumble adjustment is made or denied under
mother provision of this Contract.
14.3.3 Adjustments trade in the cost of performance may hale
a mutuagy agreed fixed or percentage fee.
f
AM OOCUMEHT A2R1 • GEAEML COSDJTtO Z OE TIE CON. LT FOR CO."n .YT1004-• WLRTEE\TH FdrlO�
24 A20149R7 AIAt •fi nN]THE A\IERIfax N)TITTE OF AROUTIFCT>.1'$\Li YtIXx A\L\1[E l.w.w'ASNISGTO], D.C.LmiG
Ff }f