HomeMy WebLinkAboutIntermodal Facility AIA Document A201/CMa - 1992 General Conditions
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Document A201/CMa~
1992
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AlA
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Genera~ Conditions of the Contract for Construction
where the Construction Manager is NOT a Constrpctor
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for the following PROJECT:
(Name and location or address):
.... -"'.'i"""~""'.",Ii,
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THE ARCHITECT:
(Name and address):
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TABLE OF ARTICLES
GENERAL PROVISIONS
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2 OWNER
3 CONTRACTOR
4 ADMINISTRATION OF THE CONTRACT
5 SUBCONTRACTORS
6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
7 CHANGES IN THE WORK
8 TIME
9 PAYMENTS AND COMPLETION
10 PROTECTION OF PERSONS AND PROPERTY
11 INSURANCE AND BONDS
12 UNCOVERING AND CORRECTION OF WORK
13 MISCELLANEOUS PROVISIONS
14 TERMINATION OR SUSPENSION OF THE CONTRACT
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'AOPI'TI'O'NS AND' DELETioN's: .
iTh~ author of this document
:ha~ added information
lneeded for its completion.
'Th~ author may also have
rie~ised the text of the
ioriiginal AIA.....standard form,
'An Addition~ ahd Deletions
;Re~ort that! notes added
iinformation~as!well as
!re~isions ~p t~e.standard
: form.__texL~1l available.. from
,the author and should be
'reV! e'Wed ','
This document has impoJ;"t-anb
legal consequence;:;.....' .
ConsultatioJ;l....,i"th an .'
attorn.ey".rS' encour~ged with
J;"espe~t tq... itsdompletion
i~r }:P.Oditication.: .
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ELECTRONIC COPYING of any
portion of this AlA' Document
to another electronic file is
prohibited and constitutes a
violation of copyright laws
as set forth in the footer of
this document.
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AlA Document A201/CMa.!!Ii - 1992. Copyright CI 1992 by Th~ Alnerican Institute of Arc:hit@cts. All rights reserv!:!d. 1IlARNING: This AIA~
Oocumel'lt is protected by U.S. Copyriqht Law pnd Int8'rnation.al Trli'iltie.!il. Unauthorized. reproduct.ion or- distribution of this AlA- Document,
Qr ilOY portion of it. ~y result in severe civil and criminal p4imaltillisl ;and will b8 p:r;Ql;lecuted t.o the maximum ext.ent pose:i.ble under the
law. This dr-aft was produced by AlA software at 10:32:29 on 04/09/2007 under Order No.100U259422_1 which e:xpir-E!s on 9/18/2007, and i::; not
fo.t' r-esale.
User Notes: (2424500166)
INDEX
Acceptance of
Nonconforming Work
Acceptance of Work
Access to Work
Accident Prevention
Acts and Omissions
Addenda
Additional Costs, Claims
for
Additional Inspections and
Testing
Additional Time, Claims
for
ADMINISTRA nON OF
THE CONTRACT
Advertisement or Invitation
to Bid
Aesthetic Effect
Allowances
All-risk Insurance
Applications for Payment
Approvals
Arbitration
Architect
Architect, and Certificate
9.6.6,9.9.3.
12.3
9.6.6,9.8.2,
9.9.3,9.10.1,
9.10.3
3.16,6.2.1,
12.1
4.6.6, 10
3.2.1,3.2.2,
3.3.2,3.12.8,
3.18,4.6.6,
4.6.2.,4.7.9,
8.3.1, to.IA,
10.2.5,
1304.2,13.7,
14.1
1.1.1,3.11
4.7.6,4.7.7,
4.7.9,6.1.1,
10.3
4.6.to,9.8.2,
12.2.1, 13.5
4.7.6,4.7.8,
4.7.9,8.3.2,
10.3
3.3.3,4,904,
9.5
1.1.1
of Payment
Architect, Definition of
Architect, Extent of
Authority
Architect, Limitations of
Authority and
Responsibility
Architect's Additional
Services and Expenses
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4.1.1
204.1,3.12.6,
4:6.:6,4.7.2,
;5.2J 6.3,
j7.1a,7.2.1,
;704,19.2,
j9.3.r;~A,'-
9.5;9.6.3,
I .
9.8.2,9.8.3,
~.19.l,
19.19.3,12.1,
'12:2.1,
013:5.1,
)13.$.2,
lI4-1-2, 14.204:
\3.313,3.12.8, !
i3.Ii.ll,
~.6~, 4.6.6,
14.6.'10, -..
j
tl.fiJ2,..
4.6.17,
4.6.19,
4.6.20,4.7.2,
5.2.1,704,
9.604._
2.4,'9.8)",
! 11.3:1:1,
12,2.J,
12.2.(
13.5.2,
13.5.3, 14.204
4.6,4.7.6,
4.7.7,A.Si-.
9,4,09.5
iA .1\-"33 .1;-,
G'I~'.3' \
~. ~,
'j3.1 .6, \
13.1 .8, !
11.1 .3,4.6.12 i
r 4 0 i
:3.5. ~.._,:,~. t,.,,; '_. .'
:12.1.2, 12.2.1
11:3.....---..------ -. _""'0'
4.6.10,
4.6.12,
4.6.18;'
4.l19, .
{6.20: 4.7.2,
4.7.6,4.8.1,
I ·
4.8.4,4.9,
:6.3J 8.1.3,
8.3),1,9.2,
:904,"9.5.1 ,
9.8.2,9.9.1,
10.1.2,
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,'I,
,
,
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4.6.20,4.9.1
3.8
11.3.1.1
4.6.9, 7.3.7,
9.2,9.3,9.4,
9.5.1,9.6.3,
9.8.3,9.10.1,
9.10.3,
9.10.4,
11.1.3, 14.2.4
204, 3.3.3,
3.5,3.10.3,
3.1204
through
3.12.8,
3.18.3,
4.6.12,9.3.2,
11.3.1.4,
13.4.2, 13.5
4.5,4.7.4,
4.9,8.3.1,
to. 1.2,
11.3.9,
11.3.10
4.1
4.6.9
Architect's Administration
of the Contract
Architect's Approvals
Architect's Authority to
Reject Work
Architect's Copyright
Architect's Decisions
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AlA. Document 1\201/CMa!!lll - 1992. Copyriqht @ 1~9.2 by The American Institute of Architects. All rights t"eSl!LVM. WAroltING~ Thil!;l AlA-
Ooo~nt. 1.1;1 prQtect&d by U.S. Copyright Law and Int~rnational Treaties. {]nautho~i~~ r9production or distribution of thi.s AIA~ Document,
Or any portion of it, may re:e:ult in lSQ'ver& civil and criminal penalti&5, and will be proseouted to the maximum ~tent pOISl;ilibl& und~r th~
law. This draft was produced by AlA software: at. 10:32:29 Qn 04/0~/2()O.' under Orde:r No.l000259422_1 which e:x;pires on 9/18/2007, c"'.1nd is not
for .t'~:;al.e.
Us~r Notes: (2424500166)
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Architect's Inspections
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Architect's Instructions
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Architect's Interpretations
Architect's On-Site
Observations
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Architect's Project
Representative
Architect's Relationship
with Contractor
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Architect's Relationship
with Construction Manager
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Architect's Relationship
with Subcontractors
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Architect's Representations
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Architect's Site Visits
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13.5.2,
14.2.2, 14.2.4
4.6.5,4.6.16,
4.7.6,9.4.3,
9.8.2,9.9.2,
9.10.1,13.5
4.6.10,
4.6.12,7.4.1,
9.4.3,12.1,
13.5.2
4.6.18,
4.6.19,4.7.7
4.6.5,4.6.9,
4.7.6,9.4.3,
9.5.1,9.10.1,
13.5
4.6.17
Asbestos
Attorneys' Fees
A ward of Separate
Contracts
Award of Subcontracts
and Other Contracts for
Portions of the Work
Basic Definitions
Bidding Requirements
Boiler and Machinery
Insurance
Bonds, Lien
Bonds, Performance and
Payment
4.6.16,4.7.6,
9.4.3,9.5.1,
9.8.2,9.9.2,
9.10.1,13.5
10.1.2,
,,10.1.3,.10.1.4
;3.1~.1,
:9.l~.2, 10.1.4
:6.lH
~
15.2
4.6.8,4.6.9,
9.3.3,.9,4, .
9:5,9.6.l,
;9. 6;{(9.:7 . I ,
9;8.3,9.10.1,
9.10.3, '13.7.
14.1.1.3,
14.2.4
3.12.11,
13.5;4.
9.3~2, 9.10.2,
( 1.13,-H~',. _
11.1 il, 2.4.1,
i 1
;3.8,2.4,
!3.1U,
: 1
14.6113,4.7.3, I
\5.213,7.1, I
;7.2,"7.:3'.'2; ",..
;'8:3:-1-;93:1. 1;- ","W.'d'___ - ,
9.10.3,
11.3 .1.2,. -- "....'
11.3.4; .
1):3.9 ~12.T.:C'-'
1.2.1/
,-
7.1i
13.11,4.6.13,
A.6Jl4,7,
;8.30-1,9.3.1.1,
10.1.3
4.7.1
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AlA Oocument A201/CMa.DI - 1992. copyright @ 1992 hy The Amer-.ican Institute of An;:hiter;:t~. All riqhts resQrv9d. WARNING~ Th.:i.s }..IArfII
OOcument is pro~~cted by U.S. copyriqht Law ahd lnte~national Treatie~. unauthorized reproduction or di~tribution of this ~I^. Oocumentl
or any portion of" it, may result in sev4iilre civil and criminal penal ties, and will ~ prQsecuted t.o the maximum. extent possible under the
l~w. This draft waS produced by AlA software ~t 10:32:29 on 04/09/2001 under Order No.l000259422_1 which expires on 9/18/2007, and is not
for re!5~le.
User Notes; (2424500166)
1.1.2,3.2.1,
3.2.2, 3.3.3,
3.5.1,3.7.3,
3.11,3.12.8,
3.12.11,3.16,
3.18,4.6.6,
4.6.7,4.6.10,
4.6.12,
4.6.19,5.2,
6.2.2, 7.3.4,
9.8.2,10.1.2,
10.1.4,
10.1.5,
11.3.7,12.1,
13.5
1.1.2, 2.4.1,
3.12.6,
3.12.8,4.6.8,
4.6.10,
4.6.14,
4.6.16,
4.6.18,6.3.1,
9.7.1,9.8,
9.9.1,9.9.2,
9.10.1,
9.10.2,
9.10.3,
12.2.4,
13.5.1,
13.5.2,
13.5.4, 14.2.4
1.1.2,4.6.6,
4.6.7,4.6.10,
5.3.1,
9.6.3,9.6.4,
11.3.7
9.4.3,9.5.1,
9.10.1
4.6.5,4.6.9,
Building Permit
Capitalization
Certificate of Substantial
Completion
Certificates for Payment
Certificates of Inspection,
Testing or Approval
Certificates of Insurance
Change Orders
Change Orders, Definition
of
Changes
CHANGES IN THE
WORK
Claim, Definition of
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Claims and Disputes 4.7,4.8,4.9, 10.2.2, 11.1,
6.2.5, 8.3.2, 11.3,13.1,
9.3.1.2,9.3.3, 13.5.1,
9.10.4,10.1.4 13.5.2, 13.6,
Claims and Timely 4.9.6 14.1.1, .
Assertion of Claims +4:Z.I.3
Claims for Additional 4.7.6,4.7.7, Concealed or Unknown ;4.7.6
Cost 4.7.9,6.1.1, Conditions ,
10.3 Conditions of the Contract n.lh,1.1.7,
Claims for Additional 4.6.9,4.7.6, ,6.1.'1'" -,-
Time 4.7.8,4.7.9, Consent, Written It .3.+;3.12,8,
8.3.2 i3.lt2,4.7.4.
Claims for Concealed or 4.7.6 )4.9f5,9.3.2,
Unknown Conditions j9.8{2,9.9.1,
Claims for Damages 3.18,4.7.9, '9:10.2,
6.1.1,6.2.5, 9:1Q.3, 10.12,
8.3.2,9.5.1.2, \10.1.3,
. l
10.1.4 ;t 1).1,
Claims Subject to 4.7.2,4.8.4, il1.3.1.4,
Arbitration 4.6.1 I '
J 1.3.11,13.2,
Cleaning Up 3.15,6.3 ;13.4.2
, ,
Commencement of 13.7 CONSTRUCTION BY ,1.1.'4;'6"^ ,~<, .. _.,'.'w-', ".,.,.,..
Statutory Limitation OWNER OR BY OTHER --,
Period CONTRACTORS
Commencement of the 2.12,2.2.1, Construction Change 7.3.1
Work, Conditions Relating 3.2.1, 3.2.2, Directive, Defmition of
to 3.7.1,3.10.1 Construction Change 1.1.1,4.6.13,-'
3.12.6,4.7.7, Directives 7.1, .,.3; -
5.2.1,6.2.2, 9.3.1.1 .-
8.1.2,8.2.2, Construction Manager :4.2'
9.2,11.1.3, Construction Manager, and 2 :2..3
11.3.6, 11.4.1 Building Permits
Commencement of the 8.1.2 Construction Manager, 4.7.2 '"
:;:
Work, Definition of Claims against .. ",.
Communications, Owner to 2.2.6 Construction Manager, 4.6.7
Architect Communications through
Communications, Owner to 2.2.6 Construction Manager, and 3,d6.1, 3.10.i~
Construction Manager Construction Schedule ,- .
Communications Construction Manager, i4.2 ;1
Facilitating Contract Definition of $ r
!
Administration 3.9.14.6.7, Construction Manager, and (3.1l.t
5.2.1 Documents and Samples at 1
Completion, Conditions 3.11,3.15, the Site
Relating to 4.6.5, 4.6.16, Construction Manager, ;3.12.6,
4.7.2,9.4.2, Extent of Authority I ._,)
3;-12:f!;'^43,'-
9.8,9.9.1, 4.6.3, 4.6.11,
9.10, 11.3.5, 7.1.2, 7~6.1,-,-
12.2.2,13.7.1 7.3.1(8.3.1,
COMPLETION, 9/il,9.3.1, ~.r~'",'~'.,1"". '<:.'^
9
PAYMENTS AND 9'.4.1,(9.4.3,
Completion, Substantial 4.6.16, 9.8.2,9.8.3,
4.7.5.2,8.1.1, :g.9h,12.1,
, I
8.1.3,8.2.3, :I2.:p,
9.8,9.9.1, 12.f.4,
12.2.2, 13.7 J4.2.2, 14~2.4
Compliance with Laws 1.3,3.6,3.7, Construction Manager, '4.6.6, 4.6.10,
3.13,4.1.1, Limitations of Authority 13.4.2
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AlA Document A201/~!I!II - 1992. COt'yright @ 1992 by The America.n lnstitute of Archlte,ts. All rights reserved. W~tNG: ThiEl AIAIfI)
Document is protected by U.S. Copyright Law and International Trei!lties. Unauthorized relJroduGtion or di.5ltr.:i-but;ion of thi:l!l AlA. Oocurn~lnt,
Or any portion of i~, may result in Sever~ civil and criminal penalties. and will be prosecuted to the maximum extent possible under the
l&w. This draft was produced by AlA ~ottware at 10:3~:29 on 04/09/20U7 under ordar No.1UUU259Q22 1 which expires on 9/18/2007, and is not
[or resala. ~~
User NoteS; (24245001li")
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and Responsibility
Construction Manager, and
Submittals
Construction Manager's
Additional Services and
Expenses
Construction Manager's
Administration of the
Contract
Construction Manager's
Approval
Construction Manager's
Authority to Reject Work
Construction Manager's
Decisions
Construction Manager's
Inspections
Construction Manager's
On-Site Observations
Construction Manager's
Relationship with Architect
Construction Manager's
Relationship with
Contractor
3.10.3
12.2.1, 12.2.4
4.6,9.4,9.5
2.4.1,3.10.3
4.6.10, 12.2.1
7.3.6, 7.3.7,
7.3.8,9.3.1,
9.4.1,9.5.1
4.6.10,9.4.3,
9.8.2,9.9.2,
12.1.1
9.5.1
1.1.2, 4.6.8,
4.6.10,
4.6.11,
4.6.14,
4.6.16,
4.6.18,6.3.1,
9.2.1,9.4.2,
9.4.3,9.51,
9.6.1,9.6.3,
9.8.2,9.8.3,
9.9.1,9.10.1,
9.10.2,
9.10.3,
11.1.3,
12.2.4,
13.5.1,
13.5.2,
13.5.4,
14.2.2, 14.2.4
3.2.1, 3.2.2
3.3.1,3.3.3,
3.5.1,3.7.3,
3.10.1,
3.10.2,
3.10.3,
3.11.1,
3.12.5,
3.12.6,
3.12.8,
3.12.9,
3.12.10,
3.12.11,
3.13.2,
3.14.2,
3.15.2,
3.16.1,
Construction Manager's
Relationship with Owner
Construction Manager's
Relationship with Other
Contractors and Owner's
Own Forces
Construction Manager's
Relationship with
Subcontractors
Construction Manager's
Representations
Construction Manager's
Site Visits
Construction Schedules,
Contractor's
Contingent Assignment of
Subcontracts
Continuing Contract
Performance
Contract, Defmition of
CONTRACT,
TERMINATION OR
SUSPENSION OF THE
Contract Administration
Contract A ward and
Execution, Conditions
Relating to
Contract Documents, The
Contract Documents,
Copies Furnished and Use
of
3.17.1,
3.18.1,
3.18.3,4.6.3,
4.6.4, 4.6.6,
4.6.11,5.2,
;6;2.), 6.2.2,
;7.1.~, 7.2.1,
:7.3.4,7.3.6,
7.3.9,8.3.1,
i9.2.'1,~J:t,
:9.4.;1,9.4.2;
'9.4.p,9.7.1,
i9.8~, 9.9.1,
19.10.1,
. .
''9 :TO.2,
:9:19.3,
11O.P,
11O.P,
110.J.5,
ilO.2.6,
;1t.3.7,12.1,
\13.5:1,"
:13,.52".
13.5.3, 13.5.4
2.2.3,4.6.1,
4.6.2, 10.1.6
4.6.3
4;6.1.0,5.3.1;
9.6.3,'9:6.4
9.4.3,9.5.1
9 .~.;.4.!M,t..
{10i4:KJ,
, /
14.6-4
I '
,5.41
~ ~
, 1
!4.7i4
, I
. i
iI. t.2'
!4'7'75'411'"''
. . , . . . ,
14
'"' ',". . -..-,<:1, .'\~~'..''''.'''''I_...,
3.3),:( 9.4,
9,5
J.7.l; 3.10,
5.2,9.2,
lq.3,
'l U.6, 11.4.1
1.1; 1.2, 7
1.3,2.2.5,5.3
AlA Do<;::ume:nt A201/~D( - 1992. Copyr-ight Ii:! 1992 by The Aroer-ican Institute of Architects. All rights re~~:r;"Ved. WARNING: Thil!;l AlA'"
Dooument is protect~ by U.S. Copyright Law and InteLnatiQnal 'l':t"~ati8s. Un:authorized reproduction o;r dist~ibutiQn of thil;! AlA." Oocument,
or any portion of it. may re$ult in sever& civil and criminal penaltiss, and will be pro~ecuted to the ~ximum ext9nt possiblQ under th~
1aw. This draft was producl.:!u by F_rA software at 10:32:29 on 04/09/2007 under Order No.l000259422 1 which expires on 9/18/2007; and is not
for resal@_ -
User Not~s; (2424500166)
5
Contract Documents,
Definition of
Contract Performance
During Arbitration
Contract Sum
Contract Sum, Definition
of
Contract Time
Contract Time, Definition
of
CONTRACTOR
Contractor, Definition of
Contractor's Bid
Contractor's
Construction Schedules
Contractor's Employees
Contractor's Liability
Insurance
Contractor's Relationship
with Other Contractors and
Owner's Own Forces
Contractor's Relationship
with Subcontractors
Contractor's Relationship
with the Architect
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1.1.1 4.6.19,5.2,
6.2.2, 7.3.4,
4.7.4,4.9.3 9.2,9.3.1,
9.8.2,
3.8,4.7.6, 9.10.3,10.1.2,
4.7.7,4.8.4, :HH.5,
5.2.3, 7.2, q 0.2.6,
7.3,9.1,9.7, '11.3.7,12.1,
11.3.1 , .13.$
12.2.4, 12.3, Contractor's Relationship \ 1.1.1,3.2.1,
14.2.4 with the Construction 3.22,3.3;1,-
9.1.1 Manager 3.3,3,3.5.1,
'3.73,3.7.4,
4.7.6,4.7.8.1, i3.10.1,
4.8.4, 7.2.1.3, '3:'10.2,
7.3,8.2.1, ;:3:10.3,
8.3.1,9.7, ;3.11.1,
12.1.1 ' 2
,3.1.5,
8.1.1 13.12.6,
i3.U.8,
3 13.q.9,
3.1.1,6.1.2 \3.12:1-1;.
1.1.1 :3, 1.3.4,
3.10 3.14.2,
3.15.2,
3.3.2,3.4.2, 3.16.1,
3.8.1,3.9, 3.17.1,
3.18, 4.6.6, 3.18.1, -
4.6.10, 8.1.2, 3:18.3,4.6.3,
10.2, 10.3, 4.6.4,4.6.6,5.2, 6.2.1,
11.1.1, 6.2.2,7.1.2,7.2.1,7.3.4,
14.2.1.1 7.3.6,7.3.9,8.3.1,9.2.1,
11.1,11.3.1.5 9.3.1,9.4.1,9.4.2,9.4.3,
9.7.1,9.8.2,9.9.1,
3.12.5, 9.10.1,9.10.2,9.10.3,
3.14.2,4.6.3, 10.1.1,10.1.2, 10.1.5,
4.6.7, 12.2.5 10.2.6,11.3.7,12.1,13.5.1,
1.2.4,3.3.2, 13.5.2, 13.5.3, 13.5.4
3.18.1, Contractor's [1.2:Q, 3.5.1,
3.18.2,5.2, Representations 13.1?7,6.2.2,
5.3, 5.4, 18.211,9.3.3
9.6.2, 11.3.7, Contractor's Responsibility i I
11.3.8, for Those
14.2.1.2 Performing the Work 13.3.2,3.18, n!
1.1.2,3.2.1, '4 .6;6~1 0
3.2.2,3.3.3, Contractor's Review of 1.2.2, 3.2,
3.5.1, 3.7.3, Contract Documents 3.7.3
3.10.1, Contractor's Right to Stop 9.7
3.10.3, the Work
3.11.1, Contractor's Right to 14.1
3.12.6, Terminate the Contract
3.12.8, Contractor's Submittals 3.10,3.11,
3.12.9, '3.12,4.6.12,
3.16.1,3.18, '5.2.1,5.2.3,
4.6.6,4.6.7, 7.3.6,9.2,
4.6.10, '9.3.1,9.8.2,
4.6.12, 9.9.1,9.10.2,
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/t..lA Document. A201/CMa"" - 1992. Copyright ~ 1992 by The American Institute of Architects. All rights r9serv9d. WARNING: This AlA.
DOcument is protect9d by u.s. CoPYri9ht Law and. International Treat:ies. Unauthorized ret>roduction or dil!;ltribution of tnis AIA- Oocliinent,
Or any portion of it, may result in S8vere civil and criminal pen;;t.lties, i;ind will be proElecuted to th8 nlaJl;iJnwrl ili'xtent possible under the
law. This draft was p.l:uduc:ed by AlA software at 10:32:29 on 04/09/2007 unde:.t Or-der- NO.I000259'lZ:?_1 which expires on 9/18/2007, ilnd it-; not
for resale.
Ussr Notes~ (/..'\24~001661
6
I
I
I
Contractor's Superintendent
Contractor's Supervision
and Construction
Procedures
I
I
Contractual Liability
Insurance
I
Coordination and
Correlation
I
Copies Furnished of
Drawings and
Specifications
Correction of Work
I
I
Cost, Definition of
Costs
I
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I
Cutting and Patching
Damage to Construction of
Owner or Other
Contractors
I
I
Damage to the Work
I
Damages, Claims for
I
Damages for Delay
I
9.10.3, Date of Commencement of 8.1.2
10.1.2, 11.4.2 the Work, Definition of
3.9, 10.2.6 Date of Substantial 8.1.3
1.2.4,3.3, Completion, Definition of
3.4,4.6.6, Day, Definition of 8.1.4
8.2.2, 8.2.3, Decisions of the Architect ,4:6.4.7,6.3,
10 ;8.113, 8.3.1,
11.1.1.7, 9.2; 9.4,
11.2.1, (9.5h,9.8.2,
11.3 .1.5 ;9.9. r; 1 (J].2;
1.2.2, 1.2.4, 13.?.2,
3.3.1,3.10, :14.?.2, 14.2.4
3.12.7,6.2.1 Decisions of the ;4.3~ 7.3.6,
1.3, 2.2.5, Construction Manager :7.3tl,7.3.8,
. ..i
3.11 93.1,9.4.1,
;9:4-p,9.5.1
2.3, 2.4, Decisions to Withhold :9.5; 9.7,
3.2.1,4.6.1, Certification h4.i.1.3
! ;
9.8.2,9.9.1, Defective or
12.1.2,12.2, Nonconforming Work,
13.7.1.3 Acceptance,
7.3.6 Rejection and Correction of )2.3,'"2:4,
2.4, 3.2.1, :3.5.1,,4,.6..1. .
3.7.4,3.8.2, 4.6.10,4.7.5,
3.15.2.,4.7.6, 9.5,9.8.2,
4.7.7,4.7.8.1, 9.9.1,10.2.5,
5.2.3,6.1.1, 12,13.7.1.3
6.2.3, 6.3.1, Defective Work, Definition 3.5.1 .'
7.3.3.3, 7.3.6, of
7.3.7,9.7, Definitions 1.1;2:1 ,t,
9.8.2,9.10.2, ):1,).5.1,
11.3.1.2,11.3. 3.12.1,
1.3, 11.3.4, 3.12.2,
11.3.9,12.1, 3.12.3,4.1.1, '~"",.
12.2.1, 4.2.1,4.7.1,
12.2.4, 5.1,.6.Lh.....
12.2.5, 13.5, 7,1'.1,7.3.1,
14 1.3.6;'8.1"; "
. I
3.14,6.2.6 ;9.1/9.8.1 ,
Delays and Extensions of ;4.711,4.7.8.1, \
Time \4.7j8.2, 6.1.1,:
3.14.2,6.2.4, , ,
16.2j3,7.2.1,
9.5.1.5, P 3tl}"Jl:.':!,'
10.2.1.2, 17.3.5,7.3.8,
10.2.5, 10.3, :'7:3:9;' S: l; 1;"
11.1,11.3, 8.3,10.3.1,
12.2.5 14.1.1.4...... . :.... .,.,
3.14.2,9.9.1, Disputes 4.7;.4;8,4.9,...
10.2.1.2, 6,2.5, q.,J;"
10.2.5,10.3, 1.3.8,9.3.1.2
11.3 Documents and Samples at f) .11
3.18,4.6.9, the Site
6.1.1,6.2.5, Drawings, Definition of ,1.1.5
8.3.2,9.5.1.2, Drawings and
10.1.4 Specifications, Use and
6.1.1,8.3.3, Ownership of 'LL1, L3,
9.5.1.6,9.7 2.2.5,3.11,
7
I
AlA. Document A201/CMa!l!l( - 1992. Copyright lC'I 1992 by The American Institute of Architects. /lll riqht.s resQrved. WARNING:: This A.lAe
Document is protected by U.S. Copyright ~w ~nd International Treaties. Unautho~i~ed r~produc~ion or distribution of th~~ AIA~ Document,
or any portion Of it, may r!:!sult in severe civil and criminal panalties, and will be prosecut~ to the ntaximum extent possibla under thjj;
law. This draft was ptoduced by AlA $oftw~r~ at 10:32:29 on 04/09/2007 undar ordar No.l000259~22_1 which ~xpires on 9/1812007, and is not
for resale.
U~~r Notes: (:i::424500166)
Duty to Review Contract
Documents and Field
Conditions
Effective Date of Insurance
Emergencies
Employees, Contractor's
Equipment, Labor,
Materials and
Execution and Progress of
the Work
Execution, Correlation
and Intent of the
Contract Documents
Extensions of Time
Failure of Payment by
Contractor
Failure of Payment by
Owner
Faulty Work (See
Defective or
Nonconforming Work)
Final Completion and
Final Payment
Financial Arrangements,
Owner's
Fire and Extended
5.3
3.2
Coverage Insurance
GENERAL
PROVISIONS
Governing Law
Guarantees (See Warranty
and Warranties)
Hazardous Materials
Identification of Contract
Documents
Identification of
Subcontractors and
Suppliers
Indemnification
11.3.5, 11.3.7
1
13.1
'10.1, 10.204
1.211
'5.2.1
i3.17,3.18,
19.1Q.2,
LlO.i A,
liD.1.2,
n 1.3. 7
2.1;2,2.2,
i4. 7)4, 6.2.6,
19.352,9.6.1,
:9.6.14,9.8.3, :
i9.9.2';9~1O:3, .
'JQJ.,4,J 1.4,
11.3, 13.5.1,
13.5.2
4.7.9
3.3.3,3.304,
3.7.1,4.6.5,
A.6:6,4,6.16,
4.7.6,9.4.3,
9.8.2,9.9.2,
9.10.1,
12.1.1,13.5
1.1.1
3.8..1..4.6.B"
5?2~1, 7,12.1, .
13.5.L'
'ft.7lJ,6.1.1,
, r
;7.3!6A,9.3.2,
19.812,9.9.1,
, ,
j9.1p.2, II
:11.~.2....
11.1,
11.3.1.13
8.2.2,11,1.2
11 :3.3
11.2, 11.3.1.3
,10.2.5, 11.3
9.32,
11.3.1.4
11
9.9.1,11.3.11
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8.2.2, 11.1.2
4.7.7,10.3
3.3.2.,3.4.2,
3.8.1,3.9,
3.18.1,
3.18.2,4.6.6,
4.6.10,8.1.2,
10.2,10.3,
11.1.1,
14.2.1.1
1.1.3,1.1.6,
3.4,3.5.1,
3.8.2,3.12.2,
3.12.3,
3.12.7,
3.12.11,3.13,
3.15.1,
4.6.12, 6.2.1,
7.3.6,9.3.2,
9.3.3, 11.3,
12.204,
14.1.2,
14.2.1,14.2.2
1.2.3,3.4.1,
3.5.1,4.6.5,
4.6.6,4.7.4,
4.7.8,6.2.2,
7.1.3,8.2,
8.3,9.5,
9.9.1,10.2.3,
10.204
1.2,3.7.1
Information and Services
Required of the Owner
Injury or Damage to
Person or Property
Inspections
Instructions to Bidders
Instructions to the
Contractor
AlA Document A201/CMa"" - 1992. Copyright ~ 199:2 by The American Institute of A:t"chit~r:t.s. All riq-htl;l re~er"ed_ WARNING. This AIAgp
Document is protected by U.s. Copyright Law and International Treaties. Unaut.horizl!:!d reproduction or distribution of this AlA'll Document,
or :any portion of it., may re.l;lult in SIiV8re civil and criminal pena.lties, and will be prosecuted to the maximum extent possible under the
law. This dri;lft Wti$ produced by AIA softwa.re at 10:32:29 on 04/09/2007 l1ndli;!l;" Order No.l0f)02594Z~_1 which e>l;p,i,res on 9/18/2007, and i~;; not
for. r'~:;i::I1e_
l]B~r Notes: (2424500166)
4.7.1,4.7.8,
7.2.1.3,8.3,
10.3.1
9.5.1.3,
14.2.1.2
4.7.7,9.7,
14.1.3
Insurance
Insurance, Boiler and
Machinery
Insurance, Contractor's
Liability
Insurance, Effective Date
of
Insurance, Loss of Use
Insurance, Owner's
Liability
Insurance, Property
Insurance, Stored Materials
4.6.1,4.6.16,
4.7.2,4.7.5,
9.10, 11.1.2,
11.1.3,
11.3.5,
12.3.1,13.7
2.2.1
INSURANCE AND
BONDS
Insurance Companies,
11.3.1.1,
8
I
I
I
Consent to Partial
Occupancy
Insurance Companies,
Settlement with
Intent of the Contract
Documents
I
I
Interest
Interpretation
I
I
Interpretations, Written
I
Joinder and Consolidation
of Claims Required
Judgment on Final
Award
Labor and Materials,
Equipment
I
I
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I
Labor Disputes
Laws and Regulations
I
I
Liens
I
Limitation on
Consolidation or Joinder
Limitations, Statutes of
I
Limitations of Authority
I
I
Limitations of Liability
I
11.3.10
1.2.3,3.1204,
4.6.10,
4.6.12,
4.6.19,
4.6.20,704
13.6
1.2.5, lA,
1.5, 4. I.l,
4.7.1,5.1,
6.1.2,8.1.4
4.6.18,
4.6.19,4.7.7
4.9.5
Limitations of Time,
General
4.6.12,
4.6.19,6.2.2,
9.4.3,9.604,
9.10.4,
10.1.4,
;10.2.5,
11.1.2,
:11.2.1,
11.3.7,
113.4.2;13:5:2----
j2.2.,I,2-.2.4\ .
:3.2~1, 3.7.3,
';3.8.'2,3.10,
j3.1i.5,
'3:1'5.1,4.6.1,
;4:6;.1 2,
i ~ '.:
!4.6~18, 4.7.2, ,
'13 1
14.7; ,4.7.4, i
i4.7.~,.4.7.9, i
~ ~ '
14.6.4.2, 5.2.1)
\5.213,6.2.4,
)7.3.'4;'7:'4,
'.8.2,2.2.~t5'n.
9.6.2,9.8,
9.10,11.1.3,
11.3.1,
11.3.2,
11.3 .5,- '
11:3.6,.
.I 2.2.1"
12,2,2~, 13.5,
13.7,14.3
2.1.2,2.2.1,
2.4, 3.10,
3.11,3.15.1,
4.6.1,A,6,18..
4.7 ;'4.8,4.9,'
l3 <;,',f-'n..~...
.p. '.l~" ;'-.\
(1.3(>,7.3.9, \
j8.219.3.1, '-j
19.313,9.4.1, I
I I 97 I
19.6), ., ,
19.8 t?J..?.:..!.Q],j
ill.1.3,
!11-:3:6;....
11.3.10,
11.3.11 ,._'
12.202:
1f:'2.4, - .
12.2,6,13.7,
,'J4.1', 14.2.2
11.3.3
-1.3!1,3.12.1,
;4.6,1,4.6.10,
:5.2:1;9.3.1,
:9.3.1.2, 9.3.3,w
9.4.3,9.6.5,
,
i'
9
AlA Document A201/CMa!l!lll - 1992. Copyriqht @ 1992 by The American Institute of Architec:ts. All right!;i reserved. WARNiNG: This AlA.
Docum~nt is protect~ by U. S. Copyright Law a.nd International Trea.ties. Unauthorized reproduction Ot distribution of this AlA. Document,
o~ ~ny portion of it. may result in severe civil ~nd cri~nal penalties, and will be prosecuted to the maximum e~tent possible under th~
law. This draft was produced by AlA software a.t 10:32:29 on 04/09/2007 under.- Or-cler: No.l000259422 1 which expires on 9/18/2007, a,nd is not
fOL Le~dle_ -
User Note!5l~ (2424500166)
I
4.9.1,4.9.4.1,
4.9.7
1.1.3,1.1.6,
3.4,3.5.1,
3.8.2,3.12.2,
3.12.3,
3.12.7,
3.12.11,3.13,
3.15.1,
4.6.12,6.2.1,
7.3.6,9.3.2,
9.3.3, 12.2.4,
14.1.2,
14.2.1,14.2.2
8.3.1
1.3,3.6,3.7,
3.13,4.1.1,
4.9.5,4.9.7,
9.9.1, 10.2.2,
11.1,11.3,
13.1,13.4.1,
13.5.1,
13.5.2, 13.6
2.1.2,4.7.2,
4.7.5.1,8.2.2,
9.3.3,9.10.2
4.9.5
Limitations of Time,
Specific
4.9.4.2,
12.2.6,13.7
3.3.1,4.6.12,
4.6.17,5.2.2,
5.2.4, 7.4,
11.3.10
2.3,3.2.1,
3.5.1,3.7.3,
3.12.8,
3.12.11,3.17,
3.18,4.6.10,
Loss of Use Insurance
Material Suppliers
9.10.4 5.4.1.1,8.2.2,
Materials, Hazardous 10.1,10.2.4 9.4.1,9.5.1,
Materials, Labor, 1.1.3,1.1.6, 9.7,9.10,
Equipment and 3.4.1,3.5.1, 10.1.2,
3.8.2,3.12.2, 10.2.6,
3.12.3, J 1.1.3, 11.3,
3.12.7, J2.:P,
3.12.11,3.13, 12.2.4, 13.3,
3.15.1, 13,$.2, 14
4.6.12, 6.2.1, Notice of Testing and :13.5.1, 13.5.2
7.3.6,9.3.2, Inspections
9.3.3, 12.2.4, Notice to Proceed ,8.2.,2
14.1.2, Notices, Permits, Fees 2.2.;3,3.7,
14.2.1,14.2.2 and :3.1~, 7.3.6.4,
Means, Methods, '10:2.2
Techniques, Sequences and Observations, Architect's 4.6:5,4.6.9,
Procedures of Construction 3.3.1,4.6.6, On-Site 4.6:10,4.7.6,
4.6.12,9.4.3 ;9.4.4,9.5.1,
Minor Changes in the 1.1.1,4.6.13, '9.10.1,
Work 4.7.7,7.1,7.4 :12.t.l,13.5
MISCELLANEOUS 13 Observations, Construction !9.4:4,12.1.1
PROVISIONS Manager's On-Site
Modifications, Definition 1.1.1 Observations, Contractor's 11.2.2,3.2.2 .
of Occupancy 9.6.6,9.8.1,
Modifications to the 1.1.1, 1.1.2, 9.9. 11.3.11
Contract 3.7.3,3.11, On-Site Inspections by the 4.6.5,4.6.16,
4.1.2,4.6.1, Architect 4.7.6, 9.4.4,
5.2.3,7, 9.8.2,9:9.2,
8.3.1,9.7 9.10.1
Mutual Responsibility 6.2 On-Site Observations by 4.6.5,4.6.9,
Nonconforming Work, 12.3 the Architect 4.7.6,9.4,4,
Acceptance of 9.5.1,9.10.1,
Nonconforming Work, 2.3.1,4.7.5.2, 13.5
Rejection and Correction of 9.5.2,9.8.2, On-Site Observations by 9.4.4,9.5.1
12,13.7.1.3 the Construction Manager
Notice 2.3,2.4, Orders, Written 2.3, 3..9,-..,
3.2.1,3.2.2, 4.1.7,7,
3.7.3,3.7.4, 8.2.?-,1103.9\
3.9,3.12.8, !12,J,12.2, \/'
I
3.12.9,3.17, 113.5.2, 14.3.1
4.7,4.8.4, Other Contracts and !1.114,3.14.2,
4.9,5.2.1, Contractors 14.617,4.9.5,
5.3,5.4.1.1, ;6, UJ,7,
8.2.2,9.4.1, ':12.1.2,12.2.5
9.5.1,9.7, OWNER '2 ,-
9.10,10.1.2, Owner, Definition of 2.1
10.2.6, Owner, Information and 2.1.2,2.2,
11.1.3,11.3, Services Required of the 4.6.,Z,4.6.4,
12.2.2, 6,'9, lQ..IA:
12.2.4, 13.3, 1'0.1.6, 11.2,
13.5.1, 11.3,13.5.1,
13.5.2, 14, ,14. t .1.5,
Notice, Written 2.3,2.4,3.9, 14.1.3
3.12.8, Owner's Authority 3.8.1,5.2.1,
3.12.9,4.7, 5.2.4, 5.4.1;
4.8.4,4.9, 7.3.1,8.2.2,
5.2.1, 5.3, 9.3.1,9.3.2,
AlA. Document A201/CM.a!lJ( - 1992. Copyriqht ~ 1992 by The AmeriC:dtl In~titute of Architects. All rights reserved. WARNING: This AlAS
Oocument is prot!:!eted by U.S. Copyright Law and Interna.tiona.l Tre.aties. UnauthO:t"i~8d reproduction or distribution of this AIA~ Oocum@nt,
or any portion of it, may result in l!i~vere civil and crim.inal p~n;alti&s, and will be pros~cuttlld to the maximum extent possible under the
law. Thi5 draft was produ{:~d by AlA ~oftw8re at 1U:32:29 on UQ/09/2007 under Order No.l000259422 1 wl~ich ~xpites orl 9/18/2007, and i~ not
for resale. -
U.I;Ier Notes: (2424~00166J
I
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I
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I
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10
I
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I
I
I
I
I
I
I
I
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Owner's Financial
Capability
Owner's Liability
Insurance
Owner's Loss of Use
Insurance
Owner's Relationship with
Subcontractors
Owner's Right to Carry
Out the Work
Owner's Right to Clean
Up
Owner's Right to
Perform Construction
with Own Forces and to
Award Other Contracts
Owner's Right to Stop the
Work
Owner's Right to Suspend
the Work
Owner's Right to Terminate
the Contract
Ownership and Use of
Architect's Drawings,
Specifications and Other
Documents
Partial Occupancy or Use
Patching, Cutting and
Patents, Royalties and
Payment, Applications
for
Payment, Certificates for
Payment, Failure of
Payment, Final
11.4.1,
12.2.4,
13.5.2, 14.2,
14.3.1
2.2.1,
14.1.1.5
11.2
Payment Bond,
Performance Bond and
Payments, Progress
7.3.6.4,
9.10.3,
11.3.9,11.4
4.7.4,9.3,
9.6,9.8.3,
9.l0.3, 13.6,
il4.2.3
:9 1'4
. ' i
;5.4.12; 9:5.1.3,
;9.6'~f9.6,,3f'
19.614, 11.3.8,
lt411.2
IIO.J.2,
rOi.3,1O.1.4
i7;3~.4,
\9.10.3,
lld.9,IIA
12.2p,3.7,
J3.13,7.3.6.4,
;} 0.2.2
\to'
10.1.2,
10.1.3,10.1.4
3.12.2
3.11, 3..12;
4.2.7,
i4.6:5; 4.7 A,
8.2
4.7.4,9.3;.,
9.6,9.8.3,
9.10.3, 13.6,
14.2.3
1.1.4-~' 0"'''.
1/1:7
":i
11.3 .3
PAYMENTS AND
COMPLETION
Payments to
Subcontractors
;'
12.2.1:;
14.6117
1I0.2.5,11.3
l i
110 I
i ;
~ ~
'l':3;"3;u; 3':'1;'-'
3.13,4.1.1,
4.9.7, 10-,2.2,H~
11.1(1 1.3,
/ .'-"
13: 1, 13.4;'"
13.5,.1,
13.{2, 13.6,
h4;
:3.5]1,4.6.10,
J2.4.
'9.10.2
1.2.2,3.5.1,
1.1.2,5.2.1,
5.4.1,9.6.4
2.4, 12.2.4,
14.2.2.2
6.3
PCB
AlA Document A:201/CMatll: - 19~2. Copyright. @ 1992 by The American Institute nr .A.rchitects. All riqhts reserved. WARNING: This )..IA.'ilI
DOcument is protected by U.S. Copyright Law and International Treaties. Unauthori~ed reproduction or distribution of this AIA~ Documanti
O~ ahY po~tiQn of itl may reE>ult in S8Verli civil and criminal pen~ltie.$, and will kH:! prosecuted to the maximum @xt&nt possibl4i under the
l~w. This draft was produced by AlA sQftwaL~ at 10:32:29 on 04/09/2007 under O~der No.l000259422 1 which expi~e$ on 9/18/2007, and is not
for n:~si;l.le. ~
Ua~r Notlis: (2424500166)
6.1
Performance Bond and
Payment Bond
Permits, Fees and Notices
2.3,4.7.7
14.3
PERSONS AND
PROPERTY,
PROTECTION OF
Polychlorinated Biphenyl
14.2
1.1.1, 1.3,
2.2.5, 5.3
Product Data, Definition of
Product Data and
Samples, Shop Drawings
Progress and Completion
9.6.6,9.9,
11.3.11
3.14,6.2.6
3.17
4.6.9,9.2,
9.3,904,
9.5.1,9.8.3,
9.10.1,
9.10.3,
9.10.4, 14.2.4
4.6.9,4.6.16,
9.3.3,9.4,
9.5,9.6.1,
9.6.6,9.7.1,
9.8.3,9.10.1,
9.10.3, 13.7,
14.1.1.3,
14.2.4
4.7.7,9.5.1.3,
9.7,9.10.2,
14.1.1.3,
14.2.1.2
4.6.1,4.6.16,
4.7.2,4.7.5,
9.10, 11.1.2.,
11.1.3,
11.3.5,12.3.1
Progress Payments
Project, Definition of the
Project Manual,
Definition of the
Project Manuals
Project Representatives
Property Insurance
PROTECTION OF
PERSONS AND
PROPERTY
Regulations and Laws
Rejection of Work
Releases of Waivers and
Liens
Representations
11
Representatives
Resolution of Claims and
Disputes
Responsibility for Those
Performing the Work
Retainage
Review of Contract
Documents and Field
Conditions by Contractor
Review of Contractor's
Submittals by
Owner, Construction
Manager and Architect
Review of Shop Drawings,
Product Data and Samples
by Contractor
Rights and Remedies
Royalties and Patents
Rules and Notices for
Arbitration
Safety of Persons and
Property
Safety Precautions and
Programs
Samples, Definition of
Samples, Shop Drawings,
Product Data and
Samples at the Site,
Documents and
Schedule of Values
Schedules, Construction
Separate Contracts and
Contractors
3.12.7,6.2.2,
8.2.1,9.3.3,
9.4.3,9.5.1,
9.8.2,9.10.1
2.1.1,3.1.1,
3.9,4.1.1,
4.6.1,4.6.17,
5.1.1,5.1.2,
13.2.1
4.8,4.9
Shop Drawings, Definition
of
Shop Drawings, Product
Data and Samples
Site, Use of
Site Inspections
3.12.1
3.11,3.12,
4.6.11,
4.6.12,4.6.15
,3.13,6.1.1,
6.2.1
1.2.:2, 3.3.4,
4.6.:5,4.6.16,
4.iO;g.8.2,
:9.10..1,13.5
4.6.:5,4.6.9,
4.7~p, 904,
:9.5.:1,9.8.2,
9.9.2,9.10.1,
;13;5
;4.6.'10,
\l2.:p,13.5
, 1.1.~
;1.1.'1, 1.1.6,
'1.1.7 ;'1.2.4,'
1.3,3.11
4.904.2,
12.2.6, 13.7
2.3,4.7.7,
9.7,10.1.2,
10.3,14.1
6.2.1, 9.3.2,
10.2.1.2,
11.3.J.4,
12.2A
5.1.1
5
1.2-4..3,3e2, ..,
3A2.1, 4.6.6, .
4.6.!0, 5:3;'
004'
!S.3; SA,
\ 1
)9.3j 1.2,9.6.2,
)9.6j3,9.6.4,
;10.t-I,
11.3.7,
1-L3.8;
14.1.1,
14.2.1.2"
14.1;3
1.3,3.2.3';-- -
3.10,3.11,
3.12,4.6.12,
'5.2.'1, 5.2.3,
7.3.-6,9.2,
9.3.1,9.8.2,
9.9.1,9.10.:2,
9.10.3, 11.1.3
6.1.1,11.3.5,
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3.3.2,4.6.6,
6.2., 10
9.3.1,9.6.2,
9.8.3,9.9.1,
9.10.2,9.10.3
1.2.2,3.2,
3.7.3,3.12.7
Site Visits, Architect's
Special Inspections and
Testing
Specifications, Definition
of the
Specifications, The
AlA. Oocument A201/CMa.~ - 1992. CoPYri9ht e 1992 by The American Institute of .A.r:c:hitects. All ri9hts reserved. WARNrNG~ Thi.s AI}..~
Document is proteoted by u.s. copyriqht Law and lnternational Tr~a.ties. Una.uthO:t"i~ed reproduction Qr distribution of th.:i.s AIA<f! Document,
or any po~tion of it; may result in severt!! civil ~nd criminal penaltilis, and will b9 pros&cut@d to thl!:! maximum extl:!nt possibll:! under the
law. Tbi::; draft was produced by AlA software: at 10:32:29 on 04!09/2007 under order NO.l000259422_l which e:xpi:r~s on 9/18/2007, <:itld is not.
for resale:.
USQr Notas: (24245001661
3.10.1,
3.10.3,3.11 ,
3.12,4.6.12.
4.6.16,5.2.1,
5.2.3,9.2,
9.8.2
3.12.5
Statute of Limitations
Stopping the Work
Stored Materials
1.1.2,2.3,
204, 3.5.1,
3.15.2,
4.6.10,4.7.6,
4.9,5.3,6.1,
6.3,7.3.1,
8.3.1,9.5.1,
9.7,10.2.5,
10.3, 12.2.2,
12. 204, 13.4,
14
3.17
4.9.2
Subcontractor, Definition
of
SUBCONTRACTORS
Subcontractors, Work by
Subcontractual Relations
10.2
4.6.6,4.6.12,
10.1
3.12.3
3.11,3.12,
4.6.12
3.11
Submittals
9.2,9.3.1
3.10
1.104
Subrogation, Waivers of
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Substantial Completion
Substantial Completion,
Definition of
Substitution of
Subcontractors
Substitution of Architect
Substitution of
Construction Manager
Substitutions of Materials
Sub~subcontractor,
Definition of
Subsurface Conditions
Successors and Assigns
Superintendent
Supervision and
Construction Procedures
Surety
Surety, Consent of
Surveys
Suspension by the Owner
for Convenience
Suspension of the Work
Suspension or Termination
of the Contract
Taxes
Termination by the
Contractor
Termination by the
Owner for Cause
Termination of the
Architect
Termination of the
Construction Manager
Termination of the
Contractor
TERMINA nON OR
SUSPENSION OF THE
CONTRACT
Tests and Inspections
TIME
Time, Delays and
Extensions of
11.3.7
4.6.16,8.1.1,
8.1.3, 8.2.3,
9.8,9.9.1,
12.2.1 ,
12.2.2, 13.7
9.8.1
Time Limits, Specific
2.1.2,2.2.1,
2.4,3.10,
4.6.18,4.7,
4.8.1,4.8.3,
4.8.4,4.9.1,
4.9A.1,
4.9.;4.2,5.3,
5.4: 7.3.5,
7.3.9,8.2,
,9 .2,"9:j :r;
j9.3.,J,9A.l,
;9.6H,9.7,
;9.8~, 9.10.2,
111.l.3,
'11'.3.6,
)1:3.10,
ild.ll,
112.2.2,
; ~
)2.2.4,
i12l6, 13.7,
\14 i
4.7.1;'4.'7.3;";
8.1.6....43.9"".
4.8,4.9
9.3.2,9.3.3
12
1201
4.7;6,j~.}.I,
'10.1
7.1.4,7.3.3.4
1.1.1, 1.3,
2.2.5,3.12.7,
5.3
3.1~, .6.1.,1,
6;,1.':1
9.2,9:3':r
~.7~5, 4.9.1,
;9.10.3
h3.4.2
, ,
19.1b.4,
; . ,~",.".~-,..,,--,.~
111.3.7, 13.4.2
'4;75,A;9.-1;
9.9.3,9.10.3,
11.3.3, .,
II}S;'
11'.3.7,.13:4:2
<j .1 ofi
(i.I.I,I1.3.5,
;11.3.7
3.5,4.6.16,
4.7.5,9.3.3,
'9.8.-2,9.9.1,
12.2.2,
13.7.1.3
5.2.3,5.2.4
4.4
4.4
3.5.1
5.1.2
4.7.6
13.2
3.9, 10.2.6
1.2.4, 3.3,
3.4,4.6.6,
4.7.4, 6.2.4,
7.1.3,7.3.4,
8.2,8.3.1,10,
12, 14
4.8.1,4.8.4,
5.4.1.2,
9.10.2,
9.10.3,14.2.2
9.10.2,9.10.3
2.2.2, 3.18.3
14.3
Time Limits on Claims
Title to Work
UNCOVERING AND
CORRECTION OF
WORK
Uncovering of Work
Unforeseen Conditions
Unit Prices
Use of Documents
AlA. Document A201/CMa!lk - 1992. Copyright 0 1~92 by The Ameri.can Institute of Architects. All ;t'i.9hts t'Cil:.served. WARNING: This AIA~
Document is prote!cted by U.S. copy~i"ht Law and lntlj'rnation:ill TreAties. Unauthorized reproduction or dil!;lt.ribution of this AlA'fj Document I
or any portion of it, may result in severe ctvil and criminal p9nalties, 8nd will be prosecuted to the ~ximum ext~nt possible und~r th~
law. This draft waS produced by AlA software at 10:32:29 on 04/09/2007 under order No.l000259422 1 which expires on Q/18/2007, arid is not
for Lesula. ~
User Notes: (2424500166)
4.7.7,5.4.2,
14.1.1.4, 14.3
4.7.7,5.4.1.1,
14
3.6, 7.3.6.4
14.1
Use of Site
Values, Schedule of
Waiver of Claims: Final
Payment
Waiver of Claims by the
Architect
Waiver of Claims by the
Contractor
Waiver of Claims by the
Owner
5.4.1.1,14.2
4.4
4.4
14.2.2
14
Waiver of Liens
Waivers of Subrogation
3.3.3,4.6.10,
4.6.16,9.4.3,
12.2.1,13.5
8
4.7.8,7.2.1,
8.3
Warranty and
Warranties
13
Weather Delays
When Arbitration May
Be Demanded
Work, Definition of
Written Consent
Written Interpretations
Written Notice
4.7.8.2
4.9.4
3.12.8,
3.12.9,4.7.1,
4.7.6,4.7.9,
4.8.4,4.9.4.1,
5.2.1,5.3,
5.4:1.1,8.2.2,
9.4;9.5.1,
,9.7;9.10,
10.1.2,
10.1.'6,
'1 q,3, lL3,
'12.Z.2,
'12.2.4, 13.3,
113.5.2, 14
2:3; 3.9,
r4.7fl, 8.2.2,
'11.3.9,12.1,
;,J2.2,13.5.2,
iI4.3.1
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1.1.3
1.3.1,3.12.8,
3.14.2,4.7.4,
4.9.5,9.3.2,
9.8.2,9.9.1,
9.10.2,
9.10.3,
10.1.2,
10.1.3,
11.3.1,
11.3.1.4,
11.3.11, 13.2,
13.4.2
4.6.18,
4.6.19,4.7.7
2.3,2.4,3.9,
Written Orders
,/'
AlA Document A201/CMa!l!li - 1992. Copyriqht @ 15)92 by The American Institute of Archit~cts. All rights re:!;lerved. w~ING: This AIA~
Docum9nt is protected by u.s. copyright Law and Int&rnational Treaties. Unauthorized r~production or distributiOh of ~his A1Aw Document,
or any portion of it, InilY result in .!;IevEl:~e civil and criminal ~na.ltielS, and will be p:ros&cuted to the> maximum extent pos.e:ible under the
law. This draft was produced by AlA software at 10:32:29 on 04/n9/200'J under Order No.1000259422 1 which expi:n:!f; QIl 9/18/2007, and is rHlt
for re5ale. -
User- NoteJ;l: (747i!sonli,6)
14
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ARTICLE 1 GENERAL PROVISIONS
~ 1.1 BASIC DEFINITIONS
~ 1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement),
Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda
issued prior to execution of the Contract, other documents listed in the Agreement and Moqifications issued after
execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a
Change Order, (3) a Construction Change Directive or (4) a written order for a minor change m: the Work issued by
the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other
documents such as bidding requirements (advertisement or invitation to bid, Instructions to'Bidders; sampleT()rms;'
the Contractor's bid or portions of addenda relating to bidding requirements).
~ 1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the ehtir~ and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or ligre'ements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract Dpcuments shall not be
construed to create a contractual relationship ofany kind (1) between the Architect and coittra4tor, (2) be~we~n the
Construction Manager and Contractor, (3) between the Architect and Construction Manager, (4) between;the pwner
and a Subcontractor or Sub-subcontractor or (5) between any persons or entities other than~he ~wner amt :
Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enfo~ce~ent of
obligations under the Contract intended to facilitate performance of their duties. " "
~ 1.1.3 THE WORK . ,,'" '"
The term "Work" means the construction and services required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials, equipment and services provided or to be provided by
the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.,
~ 1.1.4 THE PROJECT, ' ;
The Project is the total construction of which the Work performed under the Contract Documents m\!,ybe the whole
or a part and which may include construction by other Contractors and by the Owner's own:forcesln~luding persoAs
or entities under separate contracts not administered by the Construction Manager. "
~ 1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever
issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections,
details, schedules and diagrams.
~ 1.1.6 THE SPECIFICATIONS ," /
The Specifications are that portion of the Contract Documents consisting of the written requirements for ipat~ial~./
equipment, construction systems, standards and workmanship for the Work, and performanbe ~f related s~rvic9s:~
~ '.,
~ 1.1.7 T~E PROJEC~ MANUAL . . i. l .:1
The Project Manual IS the volume usually assembled for the Work whIch may mclude the ~ldd~QR.r~qIJ}~~,i;nel\t~2
sample forms, Conditions of the Contract and Specifications.
~ 1.2 EXECUTION, CORRELATION AND INTENT
~ 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agr,eement:Ifeither
the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall ide,ntify such unsigned '
Documents upon request. ""'''', '.
~ 1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor hds visited the site,
become familiar with local conditions under which the Work is to be performed and correllltedpersonal
observations with requirements of the Contract Documents. : i
~ 1.2.3 The intent of the Contract Documents is to include all items necessary for the proper eX(jcution and
completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by
one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent,
A.lA Document A.201/CMa!l!ll - 1992. Copy~i9ht e 1992 by the Ame:rica.n Insti tute of Atc:hi te<;:t".,S. All rights rli!:!;ierved. WARNING: 1'his AIA~
Document ie: protected. by U.S. Copyright Law and International Troaties. Unauthorized reproduction or distribution o~ this AlAe Oocumant,
or any portion of it, may rel!l:Ult. in severe civil and oriminal penalties I and will be prosecuted to the maximum extent pos.sibl~ under the
law. This draft was produced hy AlA software at 10:32:29 on 04/09/2007 under orrIer No.1000259422_1 which ~xpires on 9/18/2007, and is not
fur L'f!!:iiJ,1e_
User Notes: (24245001Gf',)
15
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consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the
intended results.
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~ 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not
control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be
performed by any trade.
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~ 1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known teclulical or construction
industry meanings are used in the Contract Documents in accordance with such recognized'meanings.
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~ 1.3 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS,
~ 1.3.1 The Drawings, Specifications and other documents prepared by the Architect are instrun?ents of the
Architect's service through which the Work to be executed by the Contractor is described. the Contractor may retain
one contract record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor o~ material or equipment
supplier shall own or claim a copyright in the Drawings, Specifications and other documeni'~f'pfepared by the
Architect, and unless otherwise indicated the Architect shall be deemed the author of them p.nd;will retain all
common law, statutory and other reserved rights, in addition to the copyright. All copies of it hem, except t11e .
Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, hpon com~letibn of
the Work. The Drawings, Specifications and other documents prepared by the Architect, arld c4pies thereof!
furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the <tontractor
or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projectS or for additidns to this
Project outside the scope of the Work without the specific written consent of the Owner and Architect: The
Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are granted.!llimi.ted license to
use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the
Architect appropriate to and for use in the execution of their Work under the Contract Documents. All copies made
under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other" . '
documents prepared by the Architect. Submittal or distribution to meet official regulatory requirementsor,fO'r other
purposes in connection with this Project is not to be construed as publication in derogation of the Architect's .,
copyright or other reserved rights.
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~ 1.4 CAPIT AUZA TION
~ 1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically definedi.(2) the titles
of numbered articles or (3) the titles of other documents published by the American Institute of Architects.
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~ 1.5 INTERPRET AnON
~ 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such !'Is}',all".,and "any"
and articles such as "the" and "an," but the fact that a modifier or an article is absent from one 'statement ane;! appeClfs
in another is not intended to affect the interpretation of either statement. ., \ ,,,'
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ARTICLE 2 OWNER
~ 2.1 DEFINITION i, i
~ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughoutlthe'
Contract Documents as if singular in number. The term "Owner" means the Owner or the dwn~r'~,l!l:l!~()!iked;
representative. .
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~ 2.1.2 The Owner upon reasonable written request shall furnish to the Contractor in writing information which is
necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien righ~~. Such.
information shall include a correct statement of the record legal title to the property on which the Project is located, "",
usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreemeiifan,!;wtthln,.
five days after any change, information of such change in title, recorded or umecorded. " .
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~ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
~ 2.2.1 The Owner shall, at the request of the Contractor, prior to execution of the Agreemeht ahd promptly from
time to time thereafter, furnish to the Contractor reasonable evidence that financial arrangeinents have been made to
fulfill the Owner's obligations under the Contract.
[Note: Unless such reasonable evidence were furnished on request prior to the execution of the Agreement. the
prospective contractor would not be required to execute the Agreement or to commence the Work.}
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AlA Document A.201/CMa.!I!lt - 1992. copyright e 1992 hy The American Institute of A.rchitects. All rights r8s'il'~vQd_ ~ARN1~G: This AlAte
Oo~nt is protected by u.s. copyright Law and International 'l'riliaties. Unauthorized. reproduction or dist'J;".ibution of t:.his AJ..A~ DOC1,1ITlent,
or ~ny port.ion of it, ~y result in e:li'Vli'rli' civil and criminal pena.lti!:!s, a.nd will be proseouted to the maximum 19~tent poeeiblli' under the
law. This dr,::l.ft was produced by AlA softwarE:: at 10:32:7.9 on 04/09/2007 under Order No.l0()[)2594~2 1 which expires on 9/18/2007/ and is not
for r~sa1e:. -
User Notes: (242q~l()n166)
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~ 2.2.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for
the site of the Project, and a legal description of the site.
~ 2.2.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the
Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction,
use or occupancy of permanent structures or for permanent changes in existing facilities. Upless otherwise provided
under the Contract Documents, the Owner, through the Construction Manager, shall secure! and, pay for the building
permit.
~ 2.2.4 Information or services under the Owner's control shall be furnished by the Owner with reasonable.-
promptness to avoid delay in orderly progress of the Work. : -
1 !
~ 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be fumis~ed, !free of charge, such
copies of Drawings and Project Manuals as are reasonably necessary for execution of the Wbr~.
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~ 2.2.6 The Owner shall forward all communications to the Contractor through the Construdtiorl Manager~ndishall
contemporaneously provide the same communications to the Architect. '\ j'
'. !-
~ 2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner enumhat~d herein ~nd i
especially those in respect to Article 6 (Construction by Owner or by Other Contractors), Article 9 (Payment~ and
Completion) and Article 11 (Insurance and Bonds). ' 1..._, ,--
~ 2.3 OWNER'S RIGHT TO STOP THE WORK
~ 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract
Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract..
Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner
in writing, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order_ pas been
eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the pa~ of-the Owner ito
exercise this right for the benefit of the Contractor or any other person or entity. "''' -
~ 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK ___
~ 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and
fails within a seven-day period after receipt of written notice from the Owner to commence and continue correctiOli
of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the
Contractor a second written notice to correct such deficiencies within a second seven-day perioq,.Jfthe.Contractor
within such second seven-day period after receipt of such second notice fails to commence apd -~ontinue tCN,orrect .'
any deficiencies, the Owner may, without prejudice to other remedies the Owner may have,fcon;ectsucn" \ i""
deficiencies. In such case an appropriate Change Order shall be issued deducting from pa~ent's then or t~erMft~J:.
due the Contractor the cost of correcting such deficiencies, including compensation for the 1=0istruction Nl, ana~er's
and Architect's and their respective consultants' additional services and expenses made necess by such klef<{ult,
neglect or failure. Such action by the Owner and amounts charged to the Contractor are botP s bject to prior I
approval of the Architect, after consultation with the Construction Manager. If payments th~n 4r.th~r~'!.f!~t du~,!P:~._"
Contractor are not sufficient to cover such amounts, the Contractor shall pay the differenceito the Owner.
ARTICLE 3 CONTRACTOR
~ 3.1 DEFINITION ,~_ ...--.,.
~ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referreq to throughout this
Agreement as if singular in number. The term "Contractor" means the Contractor or the ConV"~ctor's autho~ized .
representative. .
~ 3.1.2 The plural term "Contractors" refers to persons or entities who perform construction,under Conditions of the
Contract that are administered by the Construction Manager, and that are identical or subst~nti~lly similar to these
Conditions.
AlA. Document A201/CMa!IY ~ 1992. Copyright = 1992 by Th~ Am€!t'ic:atl lrl.$titute- of Architects. All r.ilifht.!;l :r;~aerved. WAANlNG: This A.lA.
DocUJl\eot is protected by U.S. Copyright Law and Int@rnat.ional 'l'rea.ties. Unauthorized rtlip~oductioh or distribution of this AlA.- Docum~nt,
or any portion of it, may result in severe civil and criminal penalti~l!i, and will be pros4itcut8d. to th4it maxiMum ~xtent possible under the
law. This draft was produced by AlA softwar~ at 10:32:29 OIl 04/U9/2u07 und~r order No.1000259422_1 which expi~es on 9/18/2007, and is not
fot .t"e5ale.
User Not.es; (2424500166)
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~ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
~ 3.2.1 The Contractor shall carefully study and compare the Contract Documents with each other and with
information furnished by the Owner pursuant to Section 2.2.2 and shall at once report to the Construction Manager
and Architect errors, inconsistencies or omissions discovered. The Contractor shall not be liable to the Owner,
Construction Manager or Architect for damage resulting from errors, inconsistencies or omissions in the Contract
Documents unless the Contractor recognized such error, inconsistency or omission and knowingly failed to report it
to the Construction Manager and Architect. If the Contractor performs any construction act~vity knowing it involves
a recognized error, inconsistency or omission in the Contract Documents without such notice t6 the Construction
Manager and Architect, the Contractor shall assume appropriate responsibility for such performance and shall bear
an appropriate amount of the attributable costs for correction. .. -"
~ 3.2.2 The Contractor shall take field measurements and verify field conditions and shall care~lly compare such
field measurements and conditions and other information known to the Contractor with theiCOI1tract Documents
before commencing activities. Errors, inconsistencies or omissions discovered shall be rep~rte4 to the Construction
Manager and Architect at once. 'H" .
~ 3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents ~md'submittal{approved
pursuant to Section 3. 12. I' ,
~ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES . .
~ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill~nd1attention. . Th~
Contractor shall be solely responsible for and have control over construction means, methods, techniques; sequences
and procedures and for coordinating all portions of the Work under this Contract, subject to Qv(:ndl cQQf!1inatioP,of..
the Construction Manager as provided in Sections 4.6.3 and 4.6.4.
~ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions ofthe Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the W ork un~era60ntract
with the Contractor.
~ 3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordan6e with the Contract
Documents either by activities or duties of the Construction Manager or Architect in their a'dministratiOnofthe.
Contract, or by tests, inspections or approvals required or performed by persons other than the ConttactQr. '
~ 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that
such portions are in proper condition to receive subsequent Work.
~ 3.4 LABOR AND MATERIALS, \
~ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide ahd paylor1apor> ,,'
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, tr~nspbrtation, ltpd othel/
facilities and services necessary for proper execution and completion of the Work, whethedterJporary or permllrl~nt
and whether or not incorporated or to be incorporated in the Work. .; i
~ 3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor'slemP!2Y~~~,1l~1}_4 otl1~r_
persons carrying out the Contract. The Contractor shall not permit employment of unfit perl,ons or persons not
skilled in tasks assigned to them. :n ..,..
~ 3.5 WARRANTY d'
~ 3.5.1 The Contractor warrants to the Owner, Construction Manager and Architect that materia,kind equipment
furnished under the Contract will be of good quality and new unless otherwise required or pertnittydbythe"C'ontract
Documents, that the Work will be free from defects not inherent in the quality required or pe'rmitted, and that the
Work will conform with the requirements of the Contract Documents. Work not conforming to .these requirements,
including substitutions not properly approved and authorized, may be considered defective.' Th~ Contractor's
warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor,
improper or insufficient maintenance, improper operation, or normal wear and tear under nbrmttl usage. If required
by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as fo't116kliid arid
quality of materials and equipment.
AlA Doc;a,lmQnt A201/CMa.~ ~ l!!Hn. Copyright ~ 1992 by The American lnsti tllte 0 f A.rchi tects. All rights t'eserved. WARNING: This AIAM
Oocumen~ is proteoted by U.S. Copy~i9ht Law .nd Int~rna~ional TrQati8s. On8uthorized r8produc~ioh or diBtribu~ion of this AIA~ Doc~nt,
or any portion of it, may re.eult in severe civil and criminal p'liiInalties, and will be prosecuted to the maxinl1..1m exb;mt pO.l!;isible under the
law. Thi5 draft was produced by AlA software at 10:32:29 on 04/09/2007 und~r' Order No.l0002594L2_1 which expires on 9/18/2007, and is not
for re:sale.
User Notes: (2424500166)
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~ 3.6 TAXES
~ 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by
the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet
effective or merely scheduled to go into effect.
~ 3.7 PERMITS, FEES AND NOTICES
~ 3.7.1 Unless otherwise provided in the Contract Documents, the Owner shall secure and Wy fpr the building permit
and the Contractor shall secure and pay for all other permits and governmental fees, licenses mid inspections
necessary for proper execution and completion of the Work which are customarily secured ~fter execution of the
Contract and which are legally required when bids are received or negotiations concluded. ;" ....0'. '.
~ 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rul~s a~d regulations and
lawful orders of public authorities bearing on performance of the Work. i \
~ 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are tn aqcordance with
applicable laws, statutes, ordinances, building codes, and rules and regulations. However, inli/:: Contractor observes
that portions of the Contract Documents are at variance therewith, the Contractor shall prorflptly notify th:
Construction Manager, Architect and Owner in writing, and necessary changes shall be accomplished by npp~opriate
Modification. ' i'
. .,
~ 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinan6es, ~uilding cbde~, and
rules and regulations without such notice to the Construction Manager, Architect and Own~r, t4e Contractor ~all
assume full responsibility for such Work and shall bear the attributable costs. ., .
~ 3.8 ALLOWANCES
~ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items
covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may d4s=ct,"
but the Contractor shall not be required to employ persons or entities against which the Contractor make,greasonable
objection. .
~ 3.8.2 Unless otherwise provided in the Contract Documents: i .
.1 materials and equipment under an allowance shall be selected promptly by the Owner to'avoi<i ~elar
in~%~ . ~.
allowances shall cover the cost to the Contractor of materials and equipment delivered at the'site and
all required taxes, less applicable trade discounts;
Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance amounts shall be included in tlwContra.ct Sum and
not in the allowances;, >' "\..
whenever costs are more than or less than allowances, the Contract Sum shaV'be ,dfusfed{lc~'~r~itlgly_ >,-
by Change Order. The amount of the Change Order shall reflect (1) the differen~e between\acfiial /,,/
costs and the allowances under Section 3.8.2.2 and (2) changes in Contractor's costs under fection
3.8.2.3. I I i (
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~ 3.9 SUPERINTENDENT i L_....M....'", i... w,..
~ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants w~o shall be in attendance
at the Project site during performance of the Work. The superintendent shall represent the Cuntractor,-and.-..-'......
communications given to the superintendent shall be as binding as if given to the Contractor. Important
communications shall be confirmed in writing. Other communications shall be similarly confirmed,Qll written-...-
request in each case.'
.2
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~ 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULE i ,. "
~ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submh fqr the Owner's and
Architect's information and the Construction Manager's approval a Contractor's Constructicjn Schedule for the Work
Such schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate
intervals as required by the conditions of the Work and Project, shall be related to the entir~ Pr~ject construction
schedule to the extent required by the Contract Documents, and shall provide for expeditio~s and-practicable ,--
execution of the Work. .
AlA Docum~nt A201/CMa!K - 1992. copyright @ 1992 by 'the American Institute of A.~chit~cts. A..ll rights re~erved. WAJtNING: Th.i,.~ AlA#!!
DOCUhlent. is prot.ec=ted. by U.S. Copyr.:i.9ot !,..aw and International 'l't'4iI:aties. Unauthoriz.ed. reproduction or dist.ribution of this AlA~ Documantr
OL an~ po:l;tion of it, may result in S~V8ril civil and criminal penalties, and. will b:! prosecuted. to the maximum extent pOl;lsib1e under the:
law. this drilft Wi.1S produced by AIA software at lO:32:2Sl on U4/09/20D7 I,.mdsr Or:d€!'r No.10002~9422_1 Which expires on g/lB/2007, dnd is not
for resale.
User Not!:!s: (2424!)001tln)
19
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~ 3.10.2 The Contractor shall cooperate with the Construction Manager in scheduling and performing the
Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or the construction
or operations of the Owner's own forces.
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~ 3.10.3 The Contractor shall prepare and keep current, for the Construction Manager's and Architect's approval, a
schedule of submittals which is coordinated with the Contractor's Construction Schedule and allows the
Construction Manager and Architect reasonable time to review submittals.
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~ 3.10.4 The Contractor shall conform to the most recent schedules.
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~ 3.11 DOCUMENTS AND SAMPLES AT THE SITE
~ 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications,
addenda, Change Orders and other Modifications, in good order and marked currently to record changes and
selections made during construction, and in addition approved Shop Drawings, Product Data, Sl1mples and similar
required submittals. These shall be available to the Construction Manager and Architect andshhll be delivered to the
Construction Manager for submittal to the Owner upon completion of the Work.
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~ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES, ,
~ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepareo fo~ the Work by the
Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to iilustfate some ~or$on of
the Work. ..
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~ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,'.brochures, diagrams and
other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
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~ 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged.
~ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Docuriie~ts. The p~rpqse of
their submittal is to demonstrate for those portions of the Work for which submittals are requiredili~ way the :
Contractor proposes to conform to the information given and the design concept expressed in the Contract.
Documents. Review by the Architect is subject to the limitations of Section 4.6.12.
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~ 3.12.5 The Contractor shall review, approve and submit to the Construction Manager, in accordance with the
schedule and sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents. The Contractor shall cooperate with the Constrqction Manager in
the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with rela~ed
documents submitted by other Contractors. Submittals made by the Contractor which are not requirea:oyth~-
Contract Documents may be returned without action. I i \
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~ 3.12.6 The Contractor shall perform no portion of the Work requiring submittal and revie* of Shop Drawings,
Product Data, Samples or similar submittals until the respective submittal has been approv~d b~ the Cons~cfion
Manager and Architect. Such Work shall be in accordance with approved submittals. !. ...: i
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~ 3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar s-ubmittals,the'Contractor-
represents that the Contractor has determined and verified materials, field measurements and field construction
criteria related thereto, or will do so, and has checked and coordinated the information contained withinsuch-
submittals with the requirements of the Work and of the Contract Documents.
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~ 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract
Documents by the Construction Manager's and Architect's approval of Shop Drawings, Pro~uctData, Samples or
similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing
of such deviation at the time of submittal and the Construction Manager and Architect have given written approval
to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omIssions in Shop
Drawings, Product Data, Samples or similar submittals by the Construction Manager's and Archifect'sapproval
thereof.
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AlA Dooument A201/CM.a!l!K - 1992. Copyright @ 1992 by The American Institute of Arc;hitects. JU.l riqhts resjjlrved. W.ARNING= This AIA~
Document is protected by U. S. Copyright L;j;W' and International Treaties. Una.uthorized reproduction or dist~ibution of tllis AIAfIT; Docum~ntt
o,t any portion of it, may result in :Severe c:=ivil a.nd orimina.l penalties I and will b8 prosecuted to th~ maximum !:!xtent pos:5ible under the
law. This draft was produced by AlA 6nftware at 10!~2:29 on 04/'Og/2007 under order No.1000259422_1 whicl~ expir~s on 9/1ij/2007, and is nut
for rl:!::;~ 1 e.
U.er Notes: 124245n(166)
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~ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on
previous submittals.
~ 3.12.10 Informational submittals upon which the Construction Manager and Architect are not expected to take
responsive action may be so identified in the Contract Documents.
~ 3.12.11 When professional certification of performance criteria of materials, systems or equiptnent is required by
the Contract Documents, the Construction Manager and Architect shall be entitled to rely upon'the accuracy and
completeness of such calculations and certifications. ; .,.... ---
~ 3.13 USE OF SITE ,
~ 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordimince$, permits and the
,.
Contract Documents and shall not unreasonably encumber the site with materials or equip111entJ
'.on...,. I
~ 3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the apprb'-!al of, the
Construction Manager before using any portion of the site. I .
~ 3.14 CUTTING AND PATCHING ,l . I
~ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complet~ the Work/or tb make
its parts fit together properly. . .
i,....
~ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partkUy,cJJlUplete.d....
construction of the Owner's own forces or of other Contractors by cutting, patching, excavating or otherwise altering
such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors or by the
Owner's own forces except with written consent of the Construction Manager, Owner and such other Contractors;./ --
such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
~ 3.15 CLEANING UP
~ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulatio'h of waste materials or
rubbish caused by operations under the Contract. At completion of the Work the Contractor shall rernoye from and
about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus
materials.
~ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the ConstructionMaIllJ,~er may do
so with the Owner's approval and the cost thereof shall be charged to the Contractor. '-'.
,/ ':-
~ 3.16 ACCESS TO WORK ; \
~ 3.16.1 The Contractor shall provide the Owner, Construction Manager and Architect accefs t~ the W ork ~n i
preparation and progress wherever located. i) ~ I
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~ 3.17 ROYALTIES AND PATENTS _ _"",'
~ 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend!suits or claims for
infringement of patent rights and shall hold the Owner, Construction Manager and ArchitectharmlessiTomloss"On.----'".m
account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of
a particular manufacturer or manufacturers is required by the Contract Documents. However, ifthe~ontractorhaL
reason to believe that the required design, process or product is an infringement of a patent, the..C6ntractor shall be
responsible for such loss unless such information is promptly furnished to the Architect. ,.......... -.._--. -
~ 3.18 INDEMNIFICATION
~ 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold ha$les~ the Owner,
Construction Manager, Architect, Construction Manager's and Architect's consultants, and ageqts and employees of
any of them from and against claims, damages, losses and expenses, including but not limi~d to attorneys' fees,
arising out of or resulting from performance of the Work, provided that such claim, damag~, loss or expense is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than-
the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by
AlA Document A201/CMaDl - 1992. Copyright ~ 1992 by Thf! American rn$tit.ut~ of A.rchitects. All ri9hte reserved. WARNING: This AIA.'iiI
Dooument. is prot~ctM by U.S. Copyright Law and Internationa.l Treaties. unauthorizM reproduction o:r dilStribut.ion of this AlAIN Document,
Or any portion o~ it, may resul~ in ~evere eivil and c:ri~n~l pen.lties, and will be proseouted to the ~~~mum ~xt~nt possible under the
law. This dr'aft was prod\lced by A.IA software at 10:32:2g on 04/09/2007 under Order- NO.l000259422_1 which expires on g/li:l/2007, D.nd i~ not
fot'" resQ.]e.
User Notes: (2421)5001661
21
negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce
other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section
3.18.
~ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor,
a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they; may be liable, the
indemnification obligation under this Section 3.18 shall not be limited by a limitation on a*ou*t or type of damages,
compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensationacfs," -
disability benefit acts or other employee benefit acts. .
~ 3.18.3 The obligations of the Contractor under this Section 3.18 shall not extend to the liability of the Construction
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Manager, Architect, their consultants, and agents and employees of any of them arising out,of (]I) the preparation or
approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving
of or the failure to give directions or instructions by the Construction Manager, Architect, theit1Consultants, and
agents and employees of any of them provided such giving or failure to give is the primary kau$e of the irijury or
~~. ., .
ARTICLE 4 ADMINISTRATION OF THE CONTRACT
~ 4.1 ARCHITECT
~ 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfullypnlcticing
architecture identified as such in the Agreement and is referred to throughout the Contract Oocumems, as if singular
in number. The term "Architect" means the Architect or the Architect's authorized representative.
~ 4.2 CONSTRUCTION MANAGER
~ 4.2.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to
throughout the Contract Documents as if singular in number. The term "Construction Manager" mearts the
Construction Manager or the Construction Manager's authorized representative.
~ 4.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architt;ct as set fo.rth in
the Contract Documents shall not be restricted, modified or extended without written consent of the Owner,
Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld.
~ 4.4 In case of termination of employment of the Construction Manager or Architect, the Owner shall appoint a
construction manager or architect against whom the Contractor makes no reasonable objection ap.dwhose status
under the Contract Documents shall be that of the former construction manager or architect, respectively.
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~ 4.5 Disputes arising under Sections 4.3 and 4.4 shall be subject to arbitration.
~ 4.6 ADMINISTRATION OF THE CONTRACT . j I
~ 4.6.1 The Construction Manager and Architect will provide administration of the Contrac~ as pescribed ih th~
Contract Documents, and will be the Owner's representatives (I) during construction, (2) Ub-til nl1~tpay:tl}~nt ~.-41,1(l
and (3) with the Owner's concurrence, from time to time during the correction period described in Section 12.2. The
Construction Manager and Architect will advise and consult with the Owner and will have authority to act on behalf
of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by written
instrument in accordance with other provisions of the Contract.
~ 4.6.2 The Construction Manager will determine in general that the Work is being performe<tin accordance with the
requirements of the Contract Documents, will keep the Owner informed of the progress of the W6rk, and will
endeavor to guard the Owner against defects and deficiencies in the Work.
~ 4.6.3 The Construction Manager will provide for coordination of the activities of other Contractors and of the
Owner's own forces with the Work of the Contractor, who shall cooperate with them. The Contractor shall
participate with other Contractors and the Construction Manager and Owner in reviewing their construction
schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed
AlA DOCument A201/~!D( - 1992. Copyright @ 1992 by The American Institut.e of AH.:hitects. All rights rasgrved. WARNING = This /1..1]..,911
Dooument is protected by U.S. Copyright Law and Int@rnational TreatieS. Unauthorized reproduotion or distribution of this AIA~ Document,
or any portion of it, may result in Siliil:ver& civil and criminal penalties, ilnd will be prosecuted to the maximum e:x:tent poeeibl~ under the
law. Thhi draft WaS lJrQduced by AIA software at 10:32:29 on 04/09/2007 under Q:r:t1~r No.1000259422 1 which eKpires on 9I1A/2nO/; and is not
for resale. -
User Notes: U4245n016fi)
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necessary after a joint review and mutual agreement. The construction schedules shall constitute the schedules to be
used by the Contractor, other Contractors, the Construction Manager and the Owner until subsequently revised.
~ 4.6.4 The Construction Manager will schedule and coordinate the activities of the Contractors in accordance with
the latest approved Project construction schedule.
~ 4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction t~ be(::ome generally
familiar with the progress and quality of the completed Work and to determine in general i(the',Work is being
performed in a manner indicating that the Work, when completed, will be in accordance with tlJ.e Contract
Documents. However, the Architect will not be required to make exhaustive or continuous on-siiitirispections to
check quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect will keep .
the Owner informed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies
in the Work. -
~ 4.6.6 The Construction Manager, except to the extent required by Section 4.6.4, and Archilecf will not have control
over or charge of and will not be responsible for construction means, methods, techniques, ~elI\l.ences or procedures,
or for safety precautions and programs in connection with the Work, since these are solely the Contractor'S -',
responsibility as provided in Section 3.3, and neither will be responsible for the Contractor's fallure to cartY opt the
Work in accordance with the Contract Documents. Neither the Construction Manager nor ~e Architect w!ll have
control over or charge of or be responsible for acts or omissions of the Contractor, Subconttact9rs, or their ag~nts or
employees, or of any other persons performing portions of the Work. I .
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~ 4.6.7 Communications Facilitating Contract Administration. Except as otherwise providellin the Contract
Documents or when direct communications have been specially authorized, the Owner and Contractor shall
communicate through the Construction Manager, and shall contemporaneously provide the same communications to .
the Architect. Communications by and with the Architect's consultants shall be through the Architect.
Communications by and with Subcontractors and material suppliers shall be through the Contractor.
Communications by and with other Contractors shall be through the Construction Manager and s),lallbe
contemporaneously provided to the Architect.
~ 4.6.8 The Construction Manager will review and certify all Applications for Payment by the CQ~tractdr, in~luding
final payment. The Construction Manager will assemble each ofthe Contractor's Applications for Payment with
similar Applications from other Contractors into a Project Application and Project Certificate for Payment. After
reviewing and certifying the amounts due the Contractors, the Construction Manager will submit the Project
Application and Project Certificate for Payment, along with the applicable Contractors' Applications and Certificates.j
for Payment, to the Architect. ,_'-''''''',
~ 4.6.9 Based on the Architect's observations and evaluations of Contractors' Applications fo/ Pa,Yfi1e-nf;'~d t~e, .' .'
certifications of the Construction Manager, the Architect will review and certify the amounts dtfe the Con'tract6rs
and will issue a Project Certificate for Payment. I f '/
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~ 4.6.10 The Architect will have authority to reject Work which does not conform to the Coptrapt Documehts, ~nd to
require additional inspection or testing, in accordance with Sections 13.5.2 and 13.5.3, whe~e~_9r:_!!2.~~1!~.~ WQ[1s is..
fabricated, installed or completed, but will take such action only after notifying the Const~(:tion Manager. Subject
to review by the Architect, the Construction Manager will have the authority to reject W orIc'which doesnotconform"
to the Contract Documents. Whenever the Construction Manager considers it necessary or advisable for
implementation of the intent of the Contract Documents, the Construction Manager will have autho!:ity torequire.,
additional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such
Work is fabricated, installed or completed. The foregoing authority of the Construction Mana~fer will be 'subjecHo
the provisions of Sections 4.6.18 through 4.6.20 inclusive, with respect to interpretations and depi'sions of the
Architect. However, neither the Architect's nor the Construction Manager's authority to act ,Undpr this Section 4.6.10
nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise
to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subdontractors, material
and equipment suppliers, their agents or employees, or other persons performing any of the: Work.
~ 4.6.11 The Construction Manager will receive from the Contractor and review and approvkallShop Drawings,
Product Data and Samples, coordinate them with information received from other Contractors, and transmit to the
AlA DOCUInlint A201/CMa!l!( - 19$)2. Copyriqht ~ 1992 by The American Insti.tute of .A.rc:hitect".s. All riqhts ~e.l;lerved. WARNlNG: 'rhil!i AIA*
Documen~ is pro~ec~ed by u.s_ CDpyriQh~ Law ahd International Treaties_ Unau~horized r~productton Or di5~ribution of this AIA~ Oocument,
Qr any portion of it, may r8sult in siliverQ civil and criminal penalties. iimd will ~ pros~out9d to the IDaximum exteht. possible under the
law. This draft was produced by AlA software at 10:32:29 on 04(09/2007 under Order No.l000259422_1 which expires on 9/16/2007, ~nd is not
for re:sa.18.
User Not.es; (2424500166)
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Architect those recommended for approval. The Construction Manager's actions will be taken with such reasonable
promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors, the Owner, or
the Architect.
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~ 4.6.12 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such
as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for 'Conformance with
information given and the design concept expressed in the Contract Documents. The Architect's action will be taken
with such reasonable promptness as to cause no delay in the Work of the Contractor or in t1l.e activities of the other
Contractors, the Owner, or the Construction Manager, while allowing sufficient time in the:Ar~hitect's professional
judgment to permit adequate review. Review of such submittals is not conducted for the pUfpose' of determining-die
accuracy and completeness of other details such as dimensions and quantities, or for substantiating -instructions for
installation or performance of equipment or systems, all of which remain the responsibility lof the Contractor as
required by the Contract Documents. The Architect's review of the Contractor's submittals Shalt not relieve the
Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall inot constitute approval
of safety precautions or, unless otherwise specifically stated by the Architect, of any constrhcHbn means, methods,
techniques, sequences or procedures. The Architect's approval of a specific item shall not indic~te approval of an
assembly of which the item is a component. ,,--'
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~ 4.6.13 The Construction Manager will prepare Change Orders and Construction Change Qireqtives.
~ 4.6.14 Following consultation with the Construction Manager, the Architect will take appropriate action"on Change
Orders or Construction Change Directives in accordance with Article 7 and will have authdrity to'order minot
changes in the Work as provided in Section 7.4. '
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~ 4.6.15 The Construction Manager will maintain at the site for the Owner one record copy of all Contracts,
Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to
record all changes and selections made during construction, and in addition approved Shop Drawings, Product Data,
Samples and similar required submittals. These will be available to the Architect and the Contractor, and will be
delivered to the Owner upon completion of the Project.
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~ 4.6.16 The Construction Manager will assist the Architect in conducting inspections to detenniIle the dates of
Substantial Completion and final completion, and will receive and forward to the Architect written warranties and
related documents required by the Contract and assembled by the Contractor. The Construction Manager will. _
forward to the Architect a final Project Application and Project Certificate for Payment upon compliance with the'
requirements of the Contract Documents.
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~ 4.6.17 If the Owner and Architect agree, the Architect will provide one or more project repr;esentatives tO'assist iV'-
carrying out the Architect's responsibilities at the site. The duties, responsibilities and limit~tio~llrauth9rity of'
such project representatives shall be as set forth in an exhibit to be incorporated in the Contfact/Documen\s. '1/
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~ 4.6.18 The Architect will interpret and decide matters concerning performance under and }eqJirements or th~
Contract Documents on written request of the Construction Manager, Owner or Contractod Thb Architectls re\;ponse
to such requests will be made with reasonable promptness and within any time limits agree~ unl:l!!:JLt12,!liree/J1~!I,t_
is made concerning the time within which interpretations required of the Architect shall be furnished in compliance
with this Section 4.6, then delay shall not be recognized on account of failure by the Architect to furnish such "
interpretations until 15 days after written request is made for them.
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~ 4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and n;as'onably inferable
from the Contract Documents and will be in writing or in the form of drawings. When makin,gsucp-.iriferp;:~ta'tloi1s -
and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not
show partiality to either and will not be liable for results of interpretations or decisions so n!:ndo/ed in good faith.
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~ 4.6.20 The Architect's decisions on matters relating to aesthetic effect will be final if cons~stent with the intent
expressed in the Contract Documents.
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AlA Oocument A201/CMa- - 1992. copyright @ 1992 by 1'he American Institute of At-chi tects. All rights reser\red. WARNING; This AlA'"
Document is protected. by U.S. Copyright Law and International Trilitaties. Una.uthorized reproduct.ion or distribution ot this AJ.Ae Document"
or any portion of itl ~y rel!;lult in eeVer4j civil :and criminal p~naltie.$t and will b~ prosecuted to the maximum ~xtii'nt pOSSible und@r thf:!
law. This drat"t was produced by AlA software at 10:32:29 on 04/0tl/2nO"1 under orde:r No.1000259422_1 whh:h ~x:pires on 9/18/2007, iind is not
for rf!Ga1e.
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~ 4.7 CLAIMS AND DISPUTES
~ 4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or
interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the
Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor
arising out of or relating to the Contract. Claims must be made by written notice. The responsibility to substantiate
Claims shall rest with the party making the Claim.
~ 4.7.2 Decision of Architect. Claims, including those alleging an error or omission by the ro~truction Manager or
Architect, shall be referred initially to the Architect for action as provided in Section 4.8. !\ decision by the
Architect, as provided in Section 4.8.4, shall be required as a condition precedent to arbitration orlitIgaiioiiof a
,
Claim between the Contractor and Owner as to all such matters arising prior to the date fin~l pa,ymentis duel
regardless of (1) whether such matters relate to execution and progress of the Work or (2) tre e~tent to which the
Work has been completed. The decision by the Architect in response to a Claim shall not b~ a ~ondition precedent to
arbitration or litigation in the event (1) the position of Architect is vacant, (2) the Architect !has pot received
evidence or has failed to render a decision within agreed time limits, (3) the Architect has fanea to take action
required under Section 4.8.4 within 30 days after the Claim is made, (4) 45 days have pass~d-a1jter the Claim has
been referred to the Architect or (5) the Claim relates to a mechanic's lien. : - -
~ 4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after q.::cUl;rence oft~e etent
giving rise to such Claim or within 21 days after the claimant first recognizes the conditionigivtng rise to the ~laim,
whichever is later. Claims must be made by written notice. An additional Claim made aftedthejinitial Claim lias
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been implemented by Change Order will not be considered unless submitted in a timely ma.nner:" - -._- -
~ 4.7.4 Continuing Contract Performance. Pending final resolution of a Claim including arbitration, unless otherwise
agreed in writing the Contractor shall proceed diligently with performance of the Contract and the Owner shall
continue to make payments in accordance with the Contract Documents. ,,--' -
~ 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a waiverof-ChiimsJw ~he i
Owner except those arising from: "
.1 liens, Claims, security interests or encumbrances arising out of the Contract and1iiise~tled;
.2 failure of the Work to comply with the requirements of the Contract Documertts;Q[ --
.3 terms of special warranties required by the Contract Documents.
~ 4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1)
subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract
Documents or (2) unknown physical conditions of an unusual nature, which differ materially fr~mthose lJrdinarily
found to exist and generally recognized as inherent in construction activities of the character provided for iQ the
Contract Documents, then notice by the observing party shall be given to the other party pr~p91betore", COll,d\trons _ _,'
are disturbed and in no event later than 21 days after first observance of the conditions. Th1 Arphitect wil\ pn){nptly"
investigate such conditions and, if they differ materially and cause an increase or decrease r tHe Contract~r's sogt
of, or time required for, performance of any part of the Work, will recommend an equitable; ad]pstment in ~he {
Contract Sum or Contract Time, or both. If the Architect determines that the conditions at $e site are not ~aterially
different from those indicated in the Contract Documents and that no change in the terms of th~.,G5?!1:!ri!:~tJ<; ju~_t,ifi~d",
the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in
opposition to such determination must be made within 21 days after the Architect has given-notice ofthedecision:- If
the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall
be referred to the Architect for initial determination, subject to further proceedings pursuant to Se~ti9n4;8;"
~ 4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in/the <;;.ontractSum,'
written notice as provided herein shall be given before proceeding to execute the Work. Prior nqtice is not required
for Claims relating to an emergency endangering life or property arising under Section 103. If the Contractor
believes additional cost is involved for reasons including but not limited to (1) a written int~rpretation from the
Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a
minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the
Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in aCcordance
with the procedure established herein. .
.,.....
AlA. Document A.2Dl/CMa'" - 1992_ Copyright CI 1992 by The American Institute of Architects. All rights re!ilerved. lfARNtNG: This AlA.
DOcl.1ment i!il protected. by u.s. copyriqht Law a.nd tnternational TreatiQs. Uniluthorized, reproduction or dil;Jt.ribut.ion of t.his AlA. DocUJnentl
or any portion of it, may result in seV9re civil and crimina.l ptt:tnalties, ilod will be proB~cuted to toe maximum extent possiblQ under th~
law. This d~afl was produc~d by AIA software at 10:32:29 on 04/09/2001 under Order No.1000259422_1 which expir~s on 9/18/2007/ and is not
for r~sale.
User NoteS: (2424500166)
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~ 4.7.8 Claims for Additional Time.
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~ 4.7.8.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided
herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on
progress of the Work. In the case of a continuing delay only one Claim is necessary.
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~ 4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented
by data substantiating that weather conditions were abnormal for the period of time and cOlild qot have been
reasonably anticipated, and that weather conditions had an adverse effect on the scheduled Construction.
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~ 4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or
property because of an act or omission of the other party, of any of the other party's employees ;or agents, or of
others for whose acts such party is legally liable, written notice of such injury or damage, Whe*er or not insured,
shall be given to the other party within a reasonable time not exceeding 21 days after first Qbsei:vance. The notice
shall provide sufficient detail to enable the other party to investigate the matter. If a Claim t6f'~dditional cost or time
related to this Claim is to be asserted, it shall be filed as provided in Sections 4.7.7 or 4.7.8r"'"
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~ 4.8 RESOLUTION OF CLAIMS AND DISPUTES ,
~ 4.8.1 The Architect will review Claims and take one or more of the following preliminary:act~ons withiIi ten: days
of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit ~ sch~dule to t~e parties
indicating when the Architect expects to take action, (3) reject the Claim in whole or in part, stating reasop.s for
rejection, (4) recommend approval ofthe Claim by the other party or (5) suggest a compromise. The Architect may
also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim:
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~ 4.8.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation.
~ 4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's
preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by
the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands.
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~ 4.8.4 If a Claim has not been resolved after consideration of the foregoing and of further evidel\ce presented by the
parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will
be made within seven days, which decision shall be final and binding on the parties but subject to arbitratioh. Upon
expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the
Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to
be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the suretyand.request the
surety's assistance in resolving the controversy. .
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~ 4.9 ARBITRATION '\ .
~ 4.9.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising ~ut pf or relatctJ. to the
Contract, or the breach thereof, shall be settled by arbitration in accordance with the ConstrPct~on Industry. i
Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the ':arbItrator
or arbitrators may be entered in any court having jurisdiction thereof, except controversies br d..~ai}ns re1.<i!jng tg.
aesthetic effect and except those waived as provided for in Section 4.7.5. Such controversit:;s or Claims upon which
the Architect has given notice and rendered a decision as provided in Section 4.8.4 shall be"subjectto'arbitration'-
upon written demand of either party. Arbitration may be commenced when 45 days have passed after a Claim has
been referred to the Architect as provided in Section 4.7 and no decision has been rendered.
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~ 4.9.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not res91ved unde'i Section 4~'8
shall, if subject to arbitration under Section 4.9.1, be decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Association currently in effect, unless the parties mutually
agree otherwise. Notice of demand for arbitration shall be filed in writing with the other pahy to the Agreement
between the Owner and Contractor and with the American Arbitration Association, and copies shall be filed with the
Construction Manager and Architect.
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~ 4.9.3 Contract Performance During Arbitration. During arbitration proceedings, the Owner and Contractor shall
comply with Section 4.7.4.
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AlA Document A201!CMa"'" - 1992. copyright @ 1992 by The American Institute of Architects. All rights rQsQrved. WARNlNG: This AIA~
DOcument is p:r;otected by u.s. copyriqht Law a.nd International Treaties. Unauthori~&d :t:eproduotion or distribution of thie A.IA~ Document I
0'1:" any portion of it. may rljsult in ~evere civil &nd criminal penalties, and will be prosecuted to the maximum extent possi.blilt undQr the
law. This draft was produced by AlA software at 10:32:29 on 04/09/2007 under Order No.10002Sg4li'._1 which E:xpircs on 9/18/2007, and is not
for resale.
User Notes: (24245001661
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~ 4.9.4 When Arbitration May Be Demanded. Demand for arbitration of any Claim may not be made until the earlier
of (I) the date on which the Architect has rendered a final written decision on the Claim, (2) the tenth day after the
parties have presented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect
has not rendered a final written decision by that date, or (3) any of the five events described in Section 4.7.2.
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~ 4.9.4.1 When a written decision of the Architect states that (1) the decision is final but suojectjto arbitration and (2)
a demand for arbitration of a Claim covered by such decision must be made within 30 days(afte,r the date on which
the party making the demand receives the final written decision, then failure to demand arbitrat!on within said 30
days' period shall result in the Architect's decision becoming final and binding upon the Owner ana Contraaor~:1f
the Architect renders a decision after arbitration proceedings have been initiated, such deci$ion;maybeenteredas ..
evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to al\ parties concerned.
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~ 4.9.4.2 A demand for arbitration shaH be made within the time limits specified in Sectionsi4.9( 1 and 4.9.4 and
Section 4.9.4.1 as applicable, and in other cases within a reasonable time after the Claim haSaftsen, and in no event
shall it be made after the date when institution of legal or equitable proceedings based on sueh'C!aim would be
barred by the applicable statute oflimitations as determined pursuant to Section 13.7. 'l ,-
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~ 4.9.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to ~e dmtract D~cu~ents
shall include, by consolidation or joinder or in any other manner, the Construction Managet, th~ Architect, orithe
Construction Manager's or Architect's employees or consultants, except by written consent ~oniaining spc:!,cifi~
reference to the Agreement and signed by the Construction Manager, Architect, Owner, Coptracton,ndafiy other .,.
person or entity sought to be joined. No arbitration shall include, by consolidation or joindclr.Q[in.anY~JherJD<mner,
parties other than the Owner, Contractor, other Contractors as described in Article 6 and other persons substantially
involved in a common question of fact or law whose presence is required if complete relief is to be accorded in
arbitration. No persons or entities other than the Owner, Contractor or other Contractors as defined in Section 3.1l2'"
shall be included as an original third party or additional third party to an arbitration whose interest or re~orrSibility
is insubstantial. Consent to arbitration involving an additional person or entity shall not constitut~cons~nt tg......
arbitration of a dispute not described therein or with a person or entity not named or described iher~,in. The ;
foregoing agreement to arbitrate and other agreements to arbitrate with an additional pers0I1 oreriflty.duly con~ntl~d
to by parties to the Agreement shall be specifically enforceable under applicable law in any'tourthaviil~ jurisdiction
thereof. ". . i
~ 4.9.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in
the demand all Claims then known to that party on which arbitration is permitted to be demanded. When a party fails
to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has ~aturedo~been
acquired subsequently, the arbitrator or arbitrators may permit amendment. /"'.-
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~ 4.9.7 Judgment on F~n~l Award. The ~ward r~ndered by.the arbitrator or.arb~tr~tor.s s.hall ~e q~al, andj~dgri1~n!/ ..,.,
may be entered upon It m accordance Wlth apphcable law m any court havmg JunsdlctlOn t{terqaf. I,'
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ARTICLE 5 SUBCONTRACTORS I I I
~ ~: ~. ~::~~~~~~actor is a person or entity who has a direct contract with the Contractor tl pe~f~~'~-P'~'~ion of the
Work at the site, The term "Subcontractor" is referred to throughout the Contract Documents'asifsingularin
number and means a Subcontractor or an authorized representative of the Subcontractor. The tenn "Subcontractor"
does not include other Contractors or subcontractors of other Contractors.
~ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a ~ribc~nttacto~"io
perform a portion of the Work at the site. The tenn "Sub-subcontractor" is referred to throughourthe Contract
Documents as if singular in number and means a Sub-subcontractor or an authorized repres~ntative of the Sub-
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~ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK .
~ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Con'tiliCt6r, "as soon as
practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the
Owner, Construction Manager and Architect the names of persons or entities (including those who are to furnish
AlA Document A201/CMaDl: - 1992. Copyright It> 1992 by The AJnerican lnstitute of Architects. All rightl!l reserved. WARNING: This AlA.
Oocument ;i.s protected by U.S. Copyri9ht Law ahd International Treatitl.t!L Onauthoriz4id r4iproduction or distribution ot this AlA~ Ooc::ument,
Qr any portion of it, may result in SQVQre civil and criminal pinal ties I and will be prosecut~ to the ma.ximum exttib'nt possi.b19 under the
lilw. This draft was produced by AlA software at lO:32:Zg on 04/09/2007 under order No.l00025g4Z:?'_1 which ~J{pires on 9/18/7.00'1, and i::; nut
for resdle.
User Notes: (2424!)OOlfjfjl
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materials or equipment fabricated to a special design} proposed for each principal portion of the Work. The
Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner,
Construction Manager or Architect, after due investigation, has reasonable objection to any such proposed person or
entity. Failure of the Construction Manager to reply promptly shall constitute notice of no reasonable objection.
~ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the OWQer;yonstruction
Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract
with anyone to whom the Contractor has made reasonable objection. '
~ 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a persdn orenHty'proposeOby "
the Contractor, the Contractor shall propose another to whom the Owner, Construction Ma~ager"or,Architect<hasno
reasonable objection. The Contract Sum shall be increased or decreased by the difference i~ CO$t occasioned by such
change and an appropriate Change Order shall be issued. However, no increase in the Contfact~um shall be allowed
for such change unless the Contractor has acted promptly and responsively in submitting name* as required.
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~ 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selectedif'the Owner,
Construction Manager or Architect makes reasonable objection to such change. ! j
~ 5.3 SUBCONTRACTUAL RELATIONS !' ,i
~ 5.3.1 By appropriate agreement, written where legally required for validity, the Contractot sh~l1 require ~ac~
Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to tPe Contrattorpy
terms of the Contract Documents, and to assume toward the Contractor all the obligations a\nd responsibilities'which' '
the Contractor, by these Documents, assumes toward the Owner, Construction Manager and.An:;bitl<ct. Each
subcontract agreement shal1 preserve and protect the rights of the Owner, Construction Manager and Architect under
the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting
thereof wil1 not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in
the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor,
by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall req~i,reeach
Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shallln;ke <Ivailable to each
proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contrac1pocuments to,
which the Subcontractor will be bound, and, upon written request of the Subcontractor, ideritifylo theSubcQ.lltractbr
terms and conditions of the proposed subcontract agreement which may be at variance with the Contract, Documents.
Subcontractors shall similarly make copies of applicable portions of such documents available to their respective,
proposed Sub-subcontractors.
~ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS,
~ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to;the Owner provided _ _ .
that: I' "'-, \ /i"
.1 assignment is effective only after termination of the Contract by the Owner (or ciluse purs~nt'<o_- ./"..,
Section 14.2 and only for those subcontract agreements which the Owner accep~ by notifylng tre
Subcontractor in writing; and 1 i i;
.2 assignment is subject to the prior rights of the surety, if any, obligated underjbOlld relating to t~e
Contract. j L__._._.,_,...._ Hi
~ 5.4.2 If the Work has been suspended for more than 30 days, the Subcontractor's compeniation"ShaU'be equitably.m
adjusted.
,...,-'--
ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS /'
I." , .,""~""""~'''''.,',.
~ 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD OTHER/CONrRACTS~'-'
~ 6.1.1 The Owner reserves the right to perform construction or operations related to the Profect .with the Owner's
own forces, which include persons or entities under separate contracts not administered by the (Construction
Manager. The Owner further reserves the right to award other contracts in connection with pther portions of the
Project or other construction or operations on the site under Conditions of the Contract ide*ical or substantially
similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that
delay or additional cost is involved because of such action by the Owner, the Contractor sh~ll make-such Claim as
provided elsewhere in the Contract Documents.
AlA Document A201!04a!D( - 1992. Copyright e 1992 by The American Institute of Architacts. )Ul r.iqhts :r;el;lerved. WARNING: This AIA~
Document is protect.ed by U.s. copyright Law and lnternational T:r;Ii::~ties. Unauthorized :t'liIproduction or distribut.ion of thi:!l AIA~ Document,
or a.ny portion 0:[ it, may re$Ult in .!;;le~r8 civil ~nd criminal penil.lties, and will be prosti'cutli:d to the maximum extent. possible: under the
law. Thi~ nraft. Wi;l:-; produced by AIA :software at lO:J2:2CJ on 04!09!2007 under order No.l0002~'H22 1 which E:!xpit"es Otl 9/18/2007, and is tlOt
for resale. -
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~ 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or
entities under separate contracts not administered by the Construction Manager, the Owner shall provide for
coordination of such forces with the Work of the Contractor, who shall cooperate with them.
~ 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations
related to the Project with the Owner's own forces, the Owner shall be deemed to be subjecttothe same obligations
and to have the same rights which apply to the Contractor under the Conditions of the Contract; including, without
excluding others, those stated in this Article 6 and in Articles 3, 10, 11 and 12.
~ 6.2 MUTUAL RESPONSIBILITY
~ 6.2.1 The Contractor shall afford the Owner's own forces, Construction Manager and other Contractorsreasonahle,
opportunity for introduction and storage of their materials and equipment and performanceoft~eir activities, and
shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract
Documents.
~ 6.2.2 If part of the Contractor's Work depends for proper execution or results upon constmctiqn or operations by
the Owner's own forces or other Contractors, the Contractor shall, prior to proceeding withlthavportion ofihe'Work,
promptly report to the Construction Manager and Architect apparent discrepancies or defec~s hi such other "
construction that would render it unsuitable for such proper execution and results. Failure oftM Contractor s6 to
report shall constitute an acknowledgment that the Owner's own forces or other ContractorS' cotnpleted ot partially
completed construction is fit and proper to receive the Contractor's Work, except as to defects not then re~sonably
discoverable.
~ 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party
responsible therefor.
~ 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completec\
construction or partially completed construction or to property of the Owner or other Contractor~ ,as provided in
Section 10.2.5.
~ 6.2.5 Claims and other disputes and matters in question between the Contractor and other Contractors shall be
subject to the provisions of Section 4.7 provided the other Contractors have reciprocal obligatioll.:;;.
~ 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and patching as arc
described for the Contractor in Section 3.14.
~ 6.3 OWNER'S RIGHT TO CLEAN UP .'
~ 6.3.1 If a dispute arises among the Contractor, other Contractors and the Owner as to the responsi~~lity unqer their
respective contracts for maintaining the premises and surrounding area free from waste mattriab-andiitbbis~ as'
described in Section 3.15, the Owner may clean up and allocate the cost among those respohsible as the \ ',/
Construction Manager, in consultation with the Architect, determines to be just. 'I '
ARTICLE 7 CHANGES IN THE WORK
~ 7.1 CHANGES ..... '
~ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and with;out invalidating the
Contract, by Change Order, Construction Change Directive or order for a minor change in the'Work;'"subjecttothe"
limitations stated in this Article 7 and elsewhere in the Contract Documents.
~ 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manag~r;"kchitectan.d
Contractor; a Construction Change Directive requires agreement by the Owner, Construction,Man.agef and'Architect.
and mayor may not be agreed to by the Contractor; an order for a minor change in the Wor~ m~y'be issued by the
Architect alone. '
~ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and
Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive
or order for a minor change in the Work. . ...
AlA Ooc::ument A201/CMa!l!ll. - 1992. Copyright @ 1992 by The American In.3titute of A.rchitects. All rights r8s&:rv~d. WARNING: This AlA-
Document is prot~cted by U.S. Copyright Law and Int9rnational Tr~ati~s. Unauthorized r~p~odu~tion or distribution of this AIA~ Document.
or any po~tion of it, may result in s~vere civil and cr-iminal penaltiE;!s, and will be prosecuted to t.he maximum extent. possible under the
law. This draft w~~ produc~d by ALA :ioftware at 10:32:29 orl 04/09/2007 uIlder order No.l000259422_1 which expires on 9/18/2007, and is not
for r\J!sala.
USQt' Notes: (242~!)0016fiJ
29
~ 7.1.4 Ifunit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such
unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable
unit prices shall be equitably adjusted.
~ 7.2 CHANGE ORDERS
~ 7.2.1 A Change Order is a written instrument prepared by the Construction Manager and ~igned by the Owner,
Construction Manager, Architect and Contractor, stating their agreement upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
,. "
~ 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3.
~ 7.3 CONSTRUCTION CHANGE DIRECTIVES
~ 7.3.1 A Construction Change Directive is a written order prepared by the Construction Mlfnager and signed by the
Owner, Construction Manager and Architect, directing a change in the Work and stating a proposed basis'for;
adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Con$truction Change :
Directive, without invalidating the Contract, order changes in the Work within the general $cope of the COntract
consisting of additions, deletions or other revisions, the Contract Sum and Contract Time bbing adjusted
accordingly. ' ,
~ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on th, tennspf a Chapge
Order.
~ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment sh,dlbe
based on one of the following methods:
.1 mutual acceptance of a lump sum properly itemized and supported by sufficient substll.ntiating data to
permit evaluation; -
.2 unit prices stated in the Contract Documents or subsequently agreed upon;
.3 cost to be determined in a manner agreed upon by the parties and a mutuallyacceptabie"fixed or
percentage fee; or
.4 as provided in Section 7.3.6.
~ 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in
the Work involved and advise the Construction Manager and Architect of the Contractor's agreement'Dr
disagreement with the method, if any, provided in the Construction Change Directive for det~rinining the 'proposed
adjustment in the Contract Sum or Contract Time. i --. .
I \
~ 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement JftHe Contractor
therewith, including adjustment in Contract Sum and Contract Time or the method for detehni6.ing them. Such
agreement shall be effective immediately and shall be recorded as a Change Order. " '
- ,
~ 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contra~t S~m,-
the method and the adjustment shall be determined by the Construction Manager on the baSis'ofreasonable -
expenditures and savings of those performing the Work attributable to the change, including, in case of an increase
in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Section 7.3.3;3, _
the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized
accounting together with appropriate supporting data. Unless otherwise provided in the Contra:ct DocumeI;ts, costs
for the purposes of this Section 7.3.6 shall be limited to the following:
.1 costs oflabor, including social security, old age and unemployment insurance, fringe benefits
required by agreement or custom, and workers compensation insurance;
.2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or
consumed;
.3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from thtiCcintractor
or others;
l>o.IA. Document A.201/CMaDi - 1992. copy:right @ 1992 by The American Institute of Archi tects. All riqhts reslirv8d. W,MtNING: 'l'his 'AlA""
Document is protectQd by U.S. Copyriqht Law and International Treat~8s. Unauthori~.d reproduction or distribution of th~~ AIA~ Oocument,
or any portion of it. may re:sult. in Severa civil and. cr.:i.min;al penaltiQs, and will be prosliIcuted to the max;i.ml,;UIl extent possible under the
law. This draft was produced by AlA scftwa.r'e at 10:32:29 on. Dtl/Og/ZQ07 under Order No.10002594.22 1 which expires aD g/HI/7.007, and is not
for resale. -
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costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to
the Work; and
additional costs of supervision and field office personnel directly attributable to the change.
.5
~ 7.3.7 Pending final determination of cost to the Owner, amounts not in dispute may be included in Applications for
Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion,orqhange which results
in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both
additions and credits covering related Work or substitutions are involved in a change, the allo~nce for overhead
and profit shall be figured on the basis of net increase, if any, with respect to that change.
~ 7.3.8 If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for...
determining it, the adjustment or the method shall be referred to the Construction Manager for getermination.
~ 7.3.9 When the Owner and Contractor agree with the determination made by the ConstruJio~Manager concerning
the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upoirt1i~ adjustments, such
agreement shall be effective immediately issued through the Construction Manager and sha,llbe recorded by
preparation and execution of an appropriate Change Order. I ....,
~ 7.4 MINOR CHANGES IN THE WORK j
~ 7.4.1 The Architect will have authority to order minor changes in the Work not involving adj~stment in ~he !
Contract Sum or extension of the Contract Time and not inconsistent with the intent of the ~ontract Doc~ents.
Such changes shall be effected by written order issued through the Construction Manager and shall be binding em
the Owner and Contractor. The Contractor shall carry out such written orders promptly. :
ARTICLE 8 TIME
~ 8.1 DEFINITIONS
~ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, all6tted il1.
the Contract Documents for Substantial Completion of the Work.
. -
~ 8.1.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be ~
postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsjble.
~ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Sectiori'9;S.
~ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically
defined.
~ 8.2 PROGRESS AND COMPLETION j ". ,/
~ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. BYFxe~uting the },\gre~mynt
the Contractor confirms that the Contract Time is a reasonable period for performing the "'1or14 \ /'
1;, ;!
~ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owndr inlwriting, p~m~turelY
commence operations on the site or elsewhere prior to the effective date of insurance requited 1;>YArt:!gl~Jl tqJ)~.,,,,,
furnished by the Contractor. The date of commencement of the Work shall not be changed by the effective date of
such insurance. Unless the date of commencement is established by a notice to proceed givenbythe'0wner,the---- ,.,
Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the
Work to permit the timely filing of mortgages, mechanic's liens and other security interests.
~ 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Sub~tantial Completion'
within the Contract Time.
~ 8.3 DELAYS AND EXTENSIONS OF TIME
~ 8.3.1 If the Contractor is delayed at any time in progress of the Work by an act or neglect pfthe Owner's own
forces, Construction Manager, Architect, any of the other Contractors or an employee of any of them, or by changes
ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes'-
beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which
AlA Document A2'Ol/CMaDl - 1992. Copyright C 19'92 by The A.tnE:H"ican tnsCitute of Architect~. All Lights restill;"ved. WAANING= Thil$l AJ.A~
Document is protect9d by U.S. Copyright Law llnd Interniltional Tre:ati/i!;$. Una.ut.horized reproduction or distribution of this AIA~ Document,
or a.ny portion of it, ma.y r8'5ult in sli'vli':re civil and criminal penalti8s1 and will be prosac:ut&d to the m.aximum extent po,ssible und9r tnti'
law. 'this d(aft was pJ::'oduce.d by AlA software at 10:32:29 on 04/09!200-t under Order No.l000259422 1 which expires on Y/18/2007, and is not
for rf!si-l.lp-.
USer Notel!;l:: (2424500166)
31
the Architect, based on the recommendation of the Construction Manager, determines may justify delay, then the
Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine.
~ 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.7.
~ 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of
the Contract Documents.
ARTICLE 9 PAYMENTS AND COMPLETION
~ 9.1 CONTRACT SUM
~ 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments,ds t~etotal.amount -
payable by the Owner to the Contractor for performance of the Work under the Contract Documents.
!
~ 9.2 SCHEDULE OF VALUES. _
~ 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect, tlfrough the
Construction Manager, a schedule of values allocated to various portions of the Work, prep,ared in such form and
supported by such data to substantiate its accuracy as the Construction Manager and Architect rimy require. This
schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewIng ~he
Contractor's Applications for Payment.
~ 9.3 APPLICATIONS FOR PAYMENT
~ 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submitto the
Construction Manager an itemized Application for Payment for Work completed in accordance with the schedule of
values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's
right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from
Subcontractors and material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
~ 9.3.1.1 Such applications may include requests for payment on account of changes in the Work which have been
properly authorized by Construction Change Directives but not yet included in Change Orders.
~ 9.3.1.2 Such applications may not include requests for payment of amounts the Contractor doe& not lntend to pay to
a Subcontractor or material supplier because of a dispute or other reason. -
~ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and-
equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance
by the Owner, payment may similarly be made for materials and equipment suitably stored off the.site at a location
agreed upon in writing. Payment for materials and equipment stored on or off the site shall b~"conditionedupon
compliance by the Contractor with procedures satisfactory to the Owner to establish the Ov.:ner'~1iHe't6'-I)uch,.
materials and equipment or otherwise protect the Owner's interest, and shall include applicable insurance,\storage - -
and transportation to the site for such materials and equipment stored off the site. ~ :
1 ~
~ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment wIll pass to ~e dwner
no later than the time of payment. The Contractor further warrants that upon submittal of a~ Appli(;at~on fpr ;..
Payment all Work for which Certificates for Payment have been previously issued and payinents received from the
Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims;
security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to the Work. .....
~ 9.4 CERTIFICATES FOR PAYMENT
~ 9.4.1 The Construction Manager will assemble a Project Application for Payment by combining the Contractor's
applications with similar applications for progress payments from other Contractors and, after certifying the amounts
due on such applications, forward them to the Architect within seven days.
~ 9.4.2 Within seven days after the Architect's receipt of the Project Application for Payment, the Construction
Manager and Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the
Contractor, for such amount as the Construction Manager and Architect determine is propeHy due, or notify the
Contractor and Owner in writing of the Construction Manager's and Architect's reasons for withholding certification
AlA Docum.~nt A201/CMa.!IM - 1992. Copyright @ 1992 by The AIner.ican Institute of A["chitecL.~;. All rights r-ese:rved. WARNING: ThiEl AlA.
Oocument il;i p1;"oteoted by U.S. Copyrig'ht Law and Int@rnational Treaties. Unauthorized. reproduction O~ dil!;ltribut.ion. of this AlA. Document,
or any portion of it. may r&5ult in s&ver~ civil ahd cri~nal penal Eies, dnd will he pro$~outed to the maximum &xtent po~aible under ~he
l~w. This draft was produced by AlA software at 10:32:29 on 04/09/~007 under Order No.1000259422 1 which expires on 9/18/2001, and is not
for resale. -
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in whole or in part as provided in Section 9.5.1. Such notification will be forwarded to the Contractor by the
Construction Manager.
~ 9.4.3 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will constitute
representations made separately by the Construction Manager and Architect to the Owner, based on their individual
observations at the site and the data comprising the Application for Payment submitted by 1jhe<;'ontractor, that the
Work has progressed to the point indicated and that, to the best of the Construction Manager's and Architect's
knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with th~ Cqntract Documents
upon Substantial Completion, to results of subsequent tests and inspections, to minor deviationSTiomihetonlracf
Documents correctable prior to completion and to specific qualifications expressed by the GonstructionManager-or.."m
Architect. The issuance of a separate Certificate for Payment or a Project Certificate for parmeht will further
constitute a representation that the Contractor is entitled to payment in the amount certified; Hclwever, the issuance
of a separ~te Certificate for Pa~ent or a Project Certific~te for Pa~ent will n?t ~e a re~r~~~nlation that the .
ConstructIOn Manager or Architect has (I) made exhaustive or contmuous on-site mspectlOns to check the quality or
quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniqu~s;-spquences or
procedures, (3) reviewed copies of requisitions received from Subcontractors and material $uppliers and tither data
l J ~',
requested by the Owner to substantiate the Contractor's right to payment or (4) made examipatipn to asceitain: how
or for what purpose the Contractor has used money previously paid on account of the Conu!act $um. 1 '
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~ 9.5 DECISIONS TO WITHHOLD CERTIFICATION
~ 9.5.1 The Construction Manager or Architect may decide not to certify payment and may}Vith1mld-aCertifi6atefof' .
Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in tbl::,CQostmctiQn. ..
Manager's or Architect's opinion the representations to the Owner required by Section 9.4.3 cannot be made. If the
Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction
Manager or Architect will notify the Contractor and Owner as provided in Section 9.4.2. If the Contractor, ."
Construction Manager and Architect cannot agree on a revised amount, the Construction Manager and Architect will
promptly issue a Certificate for Payment for the amount for which the Construction Manager anci ArChitect ~e!able
to make such representations to the Owner. The Construction Manager or Architect may al~o'decide.nono certify;
payment or, because of subsequently discovered evidence or subsequent observations, mayjnullifYtbe whole or a '
part of a Certificate for Payment previously issued, to such extent as may be necessary in theCopstruction '
Manager's or Architect's opinion to protect the Owner from loss because of: ,.
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probable filing of such claims;
.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equipment;., -'''''-'-''.
reasonable evidence that the Work cannot be completed for the unpaid balancy'6fthe Contravt Sum;"
damage to the Owner or another contractor; //"'''''''__ \ /, -,-
reasonable evidence that the Work will not be completed within the Contrac{ Ti~e, and th~t thlt. " /,.,.,
unpaid balance would not be adequate to cover actual or liquidated damageS1forjthe anticip~ted pe1ay;
or 1 : I
!' l!
persistent failure to carry out the Work in accordance with the Contract Docnmdn, ts. i I
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C'" ~~__.~.,,,,,..,_~,''''..'''' .~,,,'"iJ, />,,,,,..,,,,.
~ 9.5.2 When the above reasons for withholding certification are removed, certification will!be made for amounts
previously withheld. . ....", ,----,--.., """. ,,-.~.,"-,..
.4
.5
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~ 9.6 PROGRESS PAYMENTS , ." "-~"'.
~ 9.6.1 After the Construction Manager and Architect have issued a Project Certificate for Payn-.eiif; the Owner shall
make payment in the manner and within the time provided in the Contract Documents, and sl;lfitl spn6fifyih~"""'-^ ,
Construction Manager and Architect. /
I
~ 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from th~ Owner, out of the
amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amoUnt to which said
Subcontractor is entitled, reflecting percentages actually retained from payments to the COl1tradtor on account of
such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each SiibcontIiictor,
require each Subcontractor to make payments to Sub-subcontractors in similar manner. .
AlA Document A201/CMaDi - 1992. COPYri9ht @ 1992 by 'the Ame:riC:Cin Institute of Architects. All riqhts ~e.!;lerved.. WARNING: This AlA..
Oocument. is protected. by O.S. Copyriqht t.aw ilnd International 1'rflaties. UniluthorizeO. r~p:rodUct.ion or distribution of this A1A'f/ Document,
or any porticn of it. may result in SQvere civil and criminal peni!lltiQs, and will be prosecuted to the rna.ximum Qxttlint po~sible und'i!;r the
law. This draft was produced by AlA software at 10:32:29 on 04/09/2007 und~r order No.l000259422 1 which ~xpires on 9/18/2007, and is not
for, resale. -
User Not~s: (24245001661
33
~ 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding
percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner,
Construction Manager and Architect on account of portions of the Work done by such Subcontractor.
~ 9.6.4 Neither the Owner, Construction Manager nor Architect shaH have an obligation to payor to see to the
payment of money to a Subcontractor except as may otherwise be required by law.
~ 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and
9.6.4.
~ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy iOf the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documbnts~
~ 9.7 FAILURE OF PAYMENT
~ 9.7.1 If, through no fault of the Contractor, 1) the Construction Manager and Architect do not issue a Project
Certificate for Payment within fourteen days after the Construction Manager's receipt of the Contractor's Application
for Payment or 2) the Owner does not pay the Contractor within seven days after the date e~tablished in t1ieCbntract
Documents the amount certified by the Construction Manager and Architect or awarded by arbitration, th~n the
Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Arcqite~t, stop
the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately
and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs'of shut-down, delilY and
start-up, which shall be accomplished as provided in Article 7. '.
~ 9.8 SUBSTANTIAL COMPLETION
~ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work-f6r
its intended use.
~9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
separately, is substantially complete, the Contractor and Construction Manager shall jointly prepare and submit to
the Architect a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to
complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the list, the Architect,
assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portloh-
thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list,
which is not in accordance with the requirements of the Contract Documents, the Contractor shaU,before issuance
of the Certificate of Substantial Completion, complete or correct such item upon notification.oy the Architect. The
Contractor shall then submit a request for another inspection by the Architect, assisted by t4f CQnstrucliqn Mm;lager,
to determine Substantial Completion. When the Work or designated portion thereof is subSfanti~llly complete;\,the .
Architect will prepare a Certificate of Substantial Completion which shall establish the datd of~ubstantial'/ -
Completion, shall establish responsibilities of the Owner and Contractor for security, mainftmabce, heat, utilities,
',' ;I I
damage to the Work and insurance, and shall fix the time within which the Contractor shall) finish all items on! the
.~, '1
list accompanying the Certificate. Warranties required by the Contract Documents shall coinm~!l:(;~,()!1t~~:dat~ oL
Substantial Completion of the Work or designated portion thereof unless otherwise provid4l in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be submitted to th~'0wner and Contractor m., .
for their written acceptance of responsibilities assigned to them in such Certificate.
~ 9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon application by~~e.m ..
Contractor and certification by the Construction Manager and Architect, the Owner shall make payment, reflecting
adjustment in retainage, if any, for such Work or portion thereof as provided in the Contract D09uments.
~ 9.9 PARTIAL OCCUPANCY OR USE
~ 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented
to by the insurer as required under Section 11.3.11 and authorized by public authorities haVing jurisdiction Over 'the
Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
AlA OOOurtleht A201/CMa.'D( - 1992. Copyriqht @ 1992 by The Arner-ic:C:/n Institute of Atchitect:;, All rights reserved. WARNING: This AIAf/IiI
DOCtInl.ent is protected by U.S. Copy:r=i9ht Law i:lhd International Treaties. Unauthorized reproduotion or distribution of this AIA~ Oocum.!:!'nt,
or any portion of it, may result in severe c~vil and c:r=i~nal penalties, and will be pros~cuted to the maximum exteht possible under the
law. This draft was produced b~ AlA software at 10:32:29 on 04/09/2007 und~r Order No.1000259422 1 which expires on Q/1B/2U[)7, and is not
for resale.
User Notes: (2l\~4sn0166)
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retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing
concerning the period for correction of the Work and commencement of warranties required by the Contract
Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction
Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the
Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work
shall be determined by written agreement between the Owner and Contractor or, if no agre~ment is reached, by
decision of the Architect after consultation with the Construction Manager.
~ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and
Architect shall jointly inspect the area to be occupied or portion of the Work to be used in qrderiodeteriUine and ..
record the condition of the Work. ..
!
~ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of die Work shall not
constitute acceptance of Work not complying with the requirements of the Contract Docu~ent~.
".._..f
~ 9.10 FINAL COMPLETION AND FINAL PAYMENT ~ .. i
~ 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction MJpagfr a writtefnorice
that the Work is ready for final inspection and acceptance and shall also forward to the Coqstru~tion Manage~ a final
Contractor's Application for Payment. Upon receipt, the Construction Manager will forwar~ th~ notice anti ;
Application to the Architect who will promptly make such inspection. When the Architect,lbased on the i
recommendation of the Construction Manager, finds the Work acceptable under the Contra~t l)pcuments imd',the
Contract fully performed, the Construction Manager and Architect will promptly issue a firlal Certificate for .
Payment stating that to the best of their knowledge, information and belief, and on the basiJ_Qfth.eir Qh$"erv.atiQu::1...,~-"
and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents
and that the entire balance found to be due the Contractor and noted in said final Certificate is due and payable. The
Construction Manager's and Architect's final Certificate for Payment will constitute a further representation that
conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have IIeen
fulfilled.
,
~ 9.10.2 Neither fmal payment nor any remaining retained percentage shall become due until the'-Coptractor submit,i>
to the Architect through the Construction Manager (1) an affidavit that payrolls, bills for materials and equip,?ent,
and other indebtedness connected with the Work for which the Owner or the Owner's property might be,responsible
or encumbered (less amounts withheld by Owner) have been paid or other wise satisfied, (2) a certificate evidenging
that insurance required by the Contract Documents to remain in force after final payment is currently in effect and
will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3)
a written statement that the Contractor knows of no substantial reason that the insurance will n~~he'rene~able to
cover the period required by the Contract Documents, (4) consent of surety, if any, to final p.llyinent"~d (:>>\ iff'
required by the Owner, other data establishing payment or satisfaction of obligations, such '18 regeipts,'reJea~s,;lild
waivers ofliens, claims, security interests or encumbrances arising out of the Contract, to t~e eftent and i~ such ,"/
form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or i-vaiyer require~ byth'e
Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Own~r a$ainst such!lie~~ If
such lien remains unsatisfied after payments are made, the Contractor shall refund to the Olvnef all money, t~t the
Owner may be compelled to pay in discharging such lien, including all costs and reasonabl~ at(2m~Y~' f~~~. '_..m.'__.....
~ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially llelayed through no fault
of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and
Architect so confirm, the Owner shall, upon application by the Contractor and certification by the Construction """"
Manager and Architect, and without terminating the Contract, make payment of the balance dU,e for that E~!!i9.~of -
the Work fully completed and accepted. If the remaining balance for Work not fully completec1 or corrected is lesS"'"
than retainage stipulated in the Contract Documents, and ifbonds have been furnished, the writt,eh consent of surety
to payment of the balance due for that portion of the Work fully completed and accepted s~lll:,e submitted by the
Contractor to the Architect through the Construction Manager prior to certification of suchpaylnent. Such payment
shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of
Claims. The making of final payment shall constitute a waiver of Claims by the Owner as provided in Section 4.4.5.
AlA Oocument A201/CMa~ - 1992. Copyriqht ~ 15)92 by The American Institute of Archite~t.~~. All rights reserved. WARNING: Thii> AlA.
Document is prot~c:tM by u. s. Copyriqht La:w and International Treatilis. Unauthoriz.ed r~prod.uction or distribution of t.his AlA- Doc~nt,
or any po~tion of it, may result in severe civil and criminal ~nalti~s, and will be pros~cuted to th@ maximum extent pOSSible under toe
l~w. This draft was produced by ATA software at 10:32;29 on Q4/09/2007 under Order No.l000259422 1 which expires on 9/18/200"/1 and is not
fOl:: resale. ~
U!;Ie:r; Notes: (2424:"'00166)
35
~ 9.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a
waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
the time of final Application for Payment. Such waivers shall be in addition to the waiver described in Section 4.7.5.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
~ 10.1 SAFETY PRECAUTIONS AND PROGRAMS
~ 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety
program to the Construction Manager for review and coordination with the safety programs of other C~mtractors.
~ 10.1.2 In the event the Contractor encounters on the site material reasonably believed to be as\>estosor "
polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall iminediately stop Work
in the area affected and report the condition to the Owner, Construction Manager and Archhect in writing. The
Work in the affected area shall not thereafter be resumed except by written agreement of thb Oivner and Contractor
if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendefedharmless. The Work
in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl-tpeB), or when it has
been rendered harmless, by written agreement of the Owner and Contractor, or in accordan~e with final :'
determination by the Architect on which arbitration has not been demanded, or by arbitratiqn under Article 4.
~ 10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent ahy W ork r~lating to
asbestos or polychlorinated biphenyl (PCB). :;
~ 10.1.4 To the fullest extent permitted by law, the Owner shall indemnify and hold harmle~s the Contractor.
Construction Manager, Architect, their consultants, and agents and employees of any of them from and against
claims, damages, losses and expenses, including but not limited to attomeys' fees, arising out of or resulting from
performance of the Work in the affected area if in fact the material is asbestos or polychlorinated biphenyl (PC~)
and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself)
including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or
omissions of the Owner, anyone directly or indirectly employed by the Owner or anyone for whOse acts the Owner
may be liable, regardless of whether or not such claim, damage, loss or expense is caused iripart by a party ,
indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or
obligations of indemnity which would otherwise exist as to a party or person described in this Section 10.1.4. '
~ 10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons
resulting from a material or substance encountered on the site by the Contractor, the Contractor shall;upon
recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner,
Construction Manager and Architect in writing. The Owner, Contractor, Construction Manager iJ,nd Arcb,itect shall
then proceed in the same manner described in Section 10.1.2. ' ' ,
~ 10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory tb v~rify a presence'-or
absence of the material or substance reported by the Contractor and, in the event such mateHalbr substande isifound
to be present, to verify that it has been rendered harmless. Unless otherwise required by the! Coh~~~ctJ::>o~~me~~~,the
Owner shall furnish in writing to the Contractor, Construction Manager and Architect the ~mes and qualifications
of persons or entities who are to perform tests verifying the presence or absence of such mdterial or substance or ,
who are to perform the task of removal or safe containment of such material or substance. The Contractor, the
Construction Manager and the Architect will promptly reply to the Owner in writing stating whether,or-not'anyof
them has reasonable objection to the persons or entities proposed by the Owner. If the Contraqpr,'Construction
Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another
to whom the Contractor, the Construction Manager and the Architect have no reasonable objection.
~ 10.2 SAFETY OF PERSONS AND PROPERTY
~ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
AlA DO~Uinent A201/CMa'DII ~ 1992. Copy:dght ~ 1992 by The American Institute of Architects. All rights re!;lerved. WARNING~ This AIA~
Document is P~Ot8Cted by U.S. Copyright La:w and lnt~rnation~l Treaties. Un;j,utnorized reproduction or distribution of this AIA~ Document,
or any portion of it, may result in ~eVeLe civil and cri~nal penalties, and will be pLO$ecuted to the mdximum extent pOSSible und~r th~
law. Thit:; dr'aft Wi';I.:':; p:t'oduc:ed by AlA :5oftware a.t 10;J2:2g on 04/0g/20rn under Order No.10[)()/.~lC)/17..2_) whi.ch I::!xlJires on 9/18/2.007, anr:l is nnt:
for resale.
User Notes: (2424500166)
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.2
the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Suh-
subcontractors;
other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the course
of construction; and
construction or operations by the Owner or other Contractors.
.3
.4
910.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rul~s, r~gulations and lawful
orders of public authorities bearing on safety of persons or property or their protection from damage;liijury-6i1oss.
9 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and perforntance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other ~mfugs against hazards,
,. '
promulgating safety regulations and notifying owners and users of adjacent sites and utilitil(s: j
9 10.2.4 When use for storage of explosives or other hazardous materials or equipment or unUSUal methods are
necessary for execution of the Work, the Contractor shall exercise utmost care and carry 01\ su~ activitiefunoer
supervision of properly qualified personnel. ;' -,
\ ,-
9 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss mS4red under property
insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2,: 10.f.1.3 and ~0.2;1.4
caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone direcdyor"indirecdy
employed by any of them, or by anyone for whose acts they may be liable and for which thLCQUW!,clQris.. '
responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1A, except damage or loss attributable to acts or omissions of
the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable, and not attributable to the fault or negligence of the Contractor.
The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.-18:
9 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization aithe_ site whose !duty
shall be the prevention of accidents. This person shall be the Contractor's superintendent uQless-'6therwise designated
by the Contractor in writing to the Owner, Construction Manager and Architect... .
9 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endangerits
safety.
910.3 EMERGENCIES -,,~~""", "
9 10.3.1 In an emergency affecting safety or persons or property, the Contractor shall act, at the- Contractor's.
discretion, to prevent threatened damage, injury or loss. Additional compensation or extensibn oj1fme'cl;;tim~d by ,-
the Contractor on account of an emergency shall be determined as provided in Section 4. 71nd frticle 7. \'
, 11
ARTICLE 11 INSURANCE AND BONDS : j \,
911.1 CONTRACTOR'S LIABILITY INSURANCE 1 i ! I
911.1.1 The Contractor shall purchase from and maintain in a company or companies lawf~lly ~l!th2_riz,,~l:iJo ~--
business in the jurisdiction in which the Project is located such insurance as will protect th~ Contractor from claims
set forth below which may arise out of or result from the Contractor's operations under the Contract and forwhich ..
the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by
anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them m,!y..be.liable!--."
.1 claims u.nder workers compensation, disability benefit and other similar emplory:e'bene~t ~~!~~hi~h
are apphcable to the Work to be performed; - - ",
.2 claims for damages because of bodily injury, occupational sickness or diseasi, or/death of the
Contractor's employees; f
.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than
the Contractor's employees; ,
.4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a
person as a result of an offense directly or indirectly related to employment of such pe'rscin by the
Contractor, or (2) by another person;
AJ.A Document A20l/01a- - 1992. COPYri9ht CI 1992 by l'I:H;! Anlerican l:nstitute of J1,.rchitects. All right.s reserV'ed. HARN1NG: This A1.A~
Document. is protected by U.S. copyright 1.aw l!I.nd Int~rn<;l.tioni!.l Tr.atiel!i. Unauthorized reproduction or dil!;ltribution of this AIA~ Document,
or any portion of it, ~y result in S8v~re civil and criminal penaltie~, i!.nd will be prosecuted to the ~x~mum 8xt~nt pOSSible under the
law_ Ttlls draft was produced by AlA 5oftwal@ at 10:32;29 on 04/09/2007 under Order No.l000259422_1 which expires on 9/18/200"7, and is not
for resa1.e.
tJs~r NOt9S: (2424500166)
37
.5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
.6 claims for damages because of bodily injury, death of a person or property damage arising out of
ownership, maintenance or use of a motor vehicle; and
.7 claims involving contractual liability insurance applicable to the Contractor's obligations under
Section 3.18.
~ 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits oniability specitled in the
Contract Documents or required by law, whichever coverage is greater. Coverages, whethet written on an
occurrence or claims-made basis, shall be maintained without interruption from date of c011)meiicemeiifofthe Wark
until date of tlnal payment and termination of any coverage required to be maintained afteritln~lpayment.
~ 11.1.3 Certitlcates of insurance acceptable to the Owner shall be submitted to the Constru9tio~ Manager for
transmittal to the Owner with a copy to the Architect prior to commencement of the Work. !The~e certitlcates and the
insurance policies required by this Section 11.1 shall contain a provision that coverages aff6rd~d under the policies
will not be canceled or allowed to expire until at least 30 days' prior written notice has beel1 lPyen to the Owner. If
any of the foregoing insurance coverages are required to remain in force after final paymen~ and are reasojiabJy
available, an additional certificate evidencing continuation of such coverage shall be submiHed' with the final j
Application for Payment as required by Section 9.10.2. Information concerning reduction df coVerage shall be
furnished by the Contractor with reasonable promptness in accordance with the Contractor's information ~nd belief.
~ 11.2 OWNER'S LIABILITY INSURANCE
~ 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usualliabil.ityiD'sllTance.
Optionally, the Owner may purchase and maintain other insurance for self.protection against claims which may
arise from operations under the Contract The Contractor shall not be responsible for purchasing and maintaining
this optional Owner's liability insurance unless specitlcally required by the Contract Documents.
~ 11.3 PROPERTY INSURANCE
~ 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company orcompapies la'wfully
authorized to do business in the jurisdiction in which the Project is located, property insuratce itf~the amount of th~
initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site-Qu a n~~placeme* cost
basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwi~e'provided in the
Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such-....
insurance, until fmal payment has been made as provided in Section 9.10 or until no person or entity other than the
Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is earlier.
This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subqontractQrs in the
Work. ...
/
~ 11.3.1.1 Property insurance shall be on an "all-risk" policy form and shall insure against t1{e p~rils of fi~~;an~"
extended coverage and physical loss or damage including, without duplication of coverage), theft, vandali~, ._'_
malicious mischief, collapse, falsework, temporary buildings and debris removal includingjdedolition ocqasiqned
by enforcement of any applicable legal requirements, and shall cover reasonable compensationlfor Architqct'sj
services and expenses required as a result of such insured loss. Coverage for other perils sh~ll tiot IJ(':,Ie:qui;'red \J_T\!.e:s.s....
otherwise provided in the Contract Documents.
~ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of
the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to "
commencement of the Work. The Contractor may then effect insurance which will protect the inter~sts of the
Contractor, Subcontractors and Sub.subcontractors in the Work, and by appropriate Change G'rder,.th€'Eo'st'then~iof
shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner: to purchase or
maintain insurance as described above, without so notifying the Contractor, then the Owner shall bear all reasonable
costs properly attributable thereto. ! !
~ 11.3.1.3 Ifthe property insurance requires minimum deductibles and such deductibles are .dentitled in the Contract
Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owneroi"insurer
increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this
AlA Document J\201/CMaDl: - 1992. Copyright. @ 1992 by The Am~rit:an Institutl::! of A("chitect::;. All rights reserved. WARNING: Th.:i.s AlAe
Document is proteoted by U.S. copyright L.w and tn~ernation~l Treati~s. UnauthoLiz8d reproduction or distribution of this AIA~ Ooc~entl
or any portion of it, may result in severa civil and criminal penalties, and will be prosecut~d to the maximum extent p08sicle unde~ the
law. This draft wa~ produced by AIA software .?t 10:32:29 on 04/09/2007 tlHder- Order No.10U02:j')422 1 whi.c:h e~pi["es on 9/18/2007, and. is not
for rcsd1~. --
US4iilIr Notes. (24245001Hi)
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insurance with voluntary deductible amounts, the Owner shall be responsible for payment of the additional costs not
covered because of such increased or voluntary deductibles.
~ 11.3.1.4 Unless otherwise provided in the Contract Documents, this property insurance shall cover portions of the
Work stored off the site after written approval of the Owner at the value established in the approval, and also
portions of the Work in transit.
~ 11.3.1.5 The insurance required by this Section 11.3 is not intended to cover machinery, tools or equipment owned
or rented by the Contractor which are utilized in the performance of the Work but not incorPor~ted into the
permanent improvements. The Contractor shall, at the Contractor's own expense, provide iri-surance"'coveragefOr
owned or rented machinery, tools or equipment which shall be subject to the provisions of fect~onll,.J,7. .'.-
i
\
~ 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler arid mkchinery insurance
. !
required by the Contract Documents or by law, which shall specifically cover such insured bbj~cts during
installation and until final acceptance by the Owner; this insurance shall include interests otlb"e Owner, Construction
Manager, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner $d~ontractor shall be
named insureds. 1 i ,m
. "
.ii '
~ 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and mainfain5uch insu~nc~ as
will insure the Owner against loss of use of the Owner's property due to fire or other hazards, hpwever ca~sed. The
Owner waives all rights of action against the Contractor for loss of use of the Owner's prop~rty; including :
consequential losses due to fire or other hazards however caused. ,.,
~ 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or for other
special hazards be included in the property insurance policy, the Owner shall, if possible, include such insurance,
and the cost thereof shall be charged to the Contractor by appropriate Change Order.
~ 11.3.5 If during the Project construction period the Owner insures properties, real or personal or hoth; adjoiniJ?-g ~r
adjacent to the site by property insurance under policies separate from those insuring the Project, orjfafter final j
payment property insurance is to be provided on the completed Project through a policy or polic'iespther than thos~
insuring the Project during the construction period, the Owner shall waive all rights in accordanc,~ ~jth-the)~nns df
Section 11.3.7 for damages caused by fire or other perils covered by this separate property insuranc~: All separate:
policies shall provide this waiver of subrogation by endorsement or otherwise. .,
~ 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that
includes insurance coverages required by this Section 11.3. Each policy shall contain all generaJJ}I,applicc.able
conditions, definitions, exclusions and endorsements related to this Project. Each policy shaU.-contain a pr6vision,"
that the policy will not be canceled or allowed to expire until at least 30 days' prior written t,1btic,e'1Ws'b~n i\V7ll'to
the Contractor. , f \;
I I )/
~ 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against each dthei and against th~
Construction Manager, Architect, Owner's other Contractors and own forces described in Article 6, if anYI and the
j .' I
subcontractors, sub-subcontractors, consultants, agents and employees of any of them, for qam~8.es5~~!!~.~4 bY1[rr.(l or,
other perils to the extent covered by property insurance obtained pursuant to this Section 1 ~.3 or other property
insurance applicable to the Work, except such rights as the Owner and Contractor may hav~"totheproceeds'ofsuch"-
insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Construction
Manager, Construction Manager's consultants, Architect, Architect's consultants, Owner's separate 9ontractors'
described in Article 6, if any, and the subcontractors, sub-subcontractors, agents and employeeg,of'any of th(lm, by
appropriate agreements, written where legally required for validity, similar waivers each in fa-v'~r Qf(j1:1ie;-p~rties'
enumerated herein. The policies shall provide such waivers of subrogation by endorsement 6r otherwise. A waiver
of subrogation shall be effective as to a person or entity even though that person or entity w;oul~ otherwise have a
duty of indemnification, contractual or otherwise, did not pay the insurance premium directly Of indirectly, and
whether or not the person or entity had an insurable interest in the property damaged.
;'.1
~ 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as'fiduCiary and nil'ide
payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirementsofany
applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of
AlA Document A.201/CMa- - 1992. Copyright ~ 1992 hy The American Institute of Architects. All riliJ'hte ~eserved. WARNlNG; This AlAe
DOCUMent i~ protected by u.s. Copyright Law and International Treaties. Unauthorized r~produotion or distribution of this AIA~ DOOtlment,
or any portion of it, may re~ult in sever!:! civil and criminal panalti~s, and will be prosecuted to th~ maximum Ut.ent po~eible under thtit
law. This draft was pI:"ndllc:ed hy AlA softwa.re at 10;]2:2~ on 04/09/2007 under order No.l0002594~:2 1 which ex.pir'~.s em 9/18/2007, and i.s not.
for r@:>ale. -
Us~t" Notes: (2424500U;6)
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insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for
validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.
~ 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss,
give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against
proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the
Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with
an arbitration award in which case the procedure shall be as provided in Section 4.9. If aftd sUGh loss no other
special agreement is made, replacement of damaged property shall be covered by appropriate Change Order.
~ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers u,nlessoneofthe parties in
interest shall object in writing within five days after occurrence of loss to the Owner's exeroise pf this power; if such
objection be made, arbitrators shall be chosen as provided in Section 4.9. The Owner as fidjIcia'ry shall, in that case,
make settlement with insurers in accordance with directions of such arbitrators. If distribution qf insurance proceeds
by arbitration is required, the arbitrators will direct such distribution. .. .
~ 11.3.11 Partial occupancy or use in accordance with Section 9.9 shall not commence untiLtheinsurance~OIripany
or companies providing property insurance have consented to such partial occupancy or uSli byiendorsement or
otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of tIle ir\surance company or
companies and shall, without mutual written consent, take no action with respect to partial bccdpancy or use (hat
would cause cancellation, lapse or reduction of insurance. .
~ 11.4 PERFORMANCE BOND AND PAYMENT BOND
~ 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of
the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically
required in the Contract Documents on the date of execution of the Contract.
~ 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment
of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a
copy to be made.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
~ 12.1 UNCOVERING OF WORK
~ 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to
requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be
uncovered for their observation and be replaced at the Contractor's expense without change in theContral:lt Time.
~ 12.1.2 If a portion of the Work has been covered which the Construction Manager or Archjtecthas notlijJecificli.lly
requested to observe prior to its being covered, the Construction Manager or Architect may!request to see'\suCh ~ork
and it shall be uncovered by the Contractor. lfsuch Work is in accordance with the Contradt D~cuments, costsdf
uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. if s*ch Work is not' in
accordance with the Contract Documents, the Contractor shall pay such costs unless the cobdidon was cadsed: by the
Owner or one of the other Contractors in which event the Owner shall be responsible for p~ym~Ilt.()f s,ucl!lcosts. .
~ 12.2 CORRECTION OF WORK
~ 12.2.1 The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to
conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion
and whether or not fabricated, installed or completed. The Contractor shall bear costs of correct;ingsuch rejecte~
Work, including additional testing and inspections and compensation for the Construction Manager's and Architect's ..
services and expenses made necessary thereby. .
~ 12.2.2 If, within one year after the date of Substantial Completion of the Work or designated portion thereof, or
after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special
warranty required by the Contract Documents, any of the Work is found to be not in accordance with the
requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition.
This period of one year shall be extended with respect to portions of Work first performed after Substantial
AlA Document A201!CMa'l:tl. - 1992. copyright e 1992 by The A.meriC<3n Itl$titute of Architect.:;:. All rights reserved_ WARNING: Thi~ AIAG
Docum~nt is protectlild by U_S. copyright Law and Internation.al 'l'raaties. Unauthoriz.~ reproduction or di$tribution of this AlA. DOGUInent,
or any po:t'tion of it, may result in seVere civil and criminal p8n4l1ti4is. and will ~ pros&ClJted to the m;j.J(;imum ext8n.t possible under the
law. This draft was p:r:uduced by AlA softwarE:! at. lO:'32;;?9 on 04/09/2007 under Order No.l0002'5942:? 1 which expir'L:s on 9/18/1007, al:H:I. i::; hot
for ~e~ale. -
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Completion by the period oftime between Substantial Completion and the actual performance of the Work. This
obligation under this Section 12.2.2 shall survive acceptance of the Work under the Contract and termination of the
Contract. The Owner shall give such notice promptly after discovery of the condition.
~ 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the
requirements of the Contract Documents and are neither corrected by the Contractor nor ac\,ept~d by the Owner.
~ 12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, th~ O~er may correct it in
accordance with Section 2.4. If the Contractor does not proceed with correction of such nOIlConIorming Work within
a reasonable time fixed by written notice from the Architect issued through the Constructio~ M~nag'er:'theUWrier ...
may remove it and store the salvable materials or equipment at the Contractor's expense. IfJhe Contractor. does not
pay costs of such removal and storage within ten days after written notice, the Owner may ~pon ten additional days'
written notice sell such materials and equipment at auction or at private sale and shall accodnt JPr the proceeds
thereof, after deducting costs and damages that should have been borne by the Contractor, including compensation
for the Construction Manager's and Architect's services and expenses made necessary theretry:'if such proceeds of
sale do not cover costs which the Contractor should have borne, the Contract Sum shall be redqced by the
deficiency. Ifpayments then or thereafter due the Contractor are not sufficient to cover such amount, the Co'ritractor
shall pay the difference to the Owner. I' . (
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~ 12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction; w~ther comp let~d or
partially completed, of the Owner or other Contractors caused by the Contractor's correctiop or:removal ofWprk
which is not in accordance with the requirements of the Contract Documents. . . .
~ 12.2.6 Nothing contained in this Section 12.2 shall be construed to establish a period oflimitation with respect to
other obligations which the Contractor might have under the Contract Documents. Establishment of the time period
of one year as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the
Work, and has no relationship to the time within which the obligation to comply with the Contract Docu!llents may
be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractorjs
liability with respect to the Contractor's obligations other than specifically to correct the Work:' . "
~ 12.3 ACCEPTANCE OF NONCONFORMING WORK . ....
~ 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements oftheContrad
Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sll.Q1
will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has'
been made.
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ARTICLE 13 MISCELLANEOUS PROVISIONS
~ 13.1 GOVERNING LAW l
~ 13.1.1 The Contract shall be governed by the law of the place where the Project is located!
,,! {
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~ 13.2 SUCCESSORS AND ASSIGNS !! i i
~ 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors,l aSsfgns and le~al i
representatives to the other party hereto and to partners, successors, assigns and legal repre$en*.!!Y~~_2.r~~ch ~!hc;:! ...
party in respect to covenants, agreements and obligations contained in the Contract Documfnts. Neither party to the
Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make
such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations
under the Contract.
"
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~ 13.3 WRITTEN NOTICE ,-
~ 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to thf imlividual or a member
of the firm or entity or to an officer of the corporation for which it was intended, or if delivered/at or sent by
registered or certified mail to the last business address known to the party giving notice. ' !
~ 13.4 RIGHTS AND REMEDIES
~ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedie" available thereunder
shall be in addition to and not a limitation of duties, obligations, rights and remedies othe~iseimposed or available
bylaw.
AlA Document A201/CMa"'" - 1992. Copyri9'ht e 1992 by The American Institute of Architects. All rig'hts reservad. WARNlNG~ This AIA*
Document i~ protected by U.S. Copyright Law and Int~rnational 1'r~atiel!i.. Unauthori~&d. rlillp:roduction 0:'; distribution of this A1AWr. DocUIDent,
or :any portion of it, may rlillsult in l!iev~re civil ahd criminal pitnalties} and will ba prosecuted to th~ Jnaximum ~xtent possible undti:!r the
l~w. This draft was produced by AlA software at 10;32:29 on 04/09/~007 und~r ordar No.1000259422 1 which e~pites on 9/18/2007, and is not
fOI:' resale. ,,-
User Notlj:s= (2424=..0016f.i)
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~ 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a
waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval
of or acquiescence in a breach thereunder, except as may be specifically agreed in writing.
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~ 13.5 TESTS AND INSPECTIONS
~ 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws,
ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time.
Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an
independent testing laboratory or entity acceptable to the Owner, or with the appropriate public-authority, anCfsli'iilf
bear all related costs of tests, inspections and approvals. The Contractor shall give the ConStructionManagerand.,
Architect timely notice of when and where tests and inspections are to be made so the Construdtion Manager and
Architect may observe such procedures. The Owner shall bear costs of tests, inspections or!apptovals which do not
become requirements until after bids are received or negotiations concluded.
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~ 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiqtio~ determine that
portions of the Work require additional testing, inspection or approval not included under ~ection 13.5.I,jilie"
Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contrattor!to
make arrangements for such additional testing, inspection or approval by an entity accepta~le t6 the Owner, abd the
Contractor shall give timely notice to the Construction Manager and Architect of when and:wh~re tests arid :
inspections are to be made so the Construction Manager and Architect may observe such procetIures. The: OWner
shall bear such costs except as provided in Section 13.5.3.
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~ 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the
portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear
all costs made necessary by such failure including those of repeated procedures and compensation for the
Construction Manager's and Architect's services and expenses.
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~ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by th,eContract
Documents, be secured by the Contractor and promptly delivered to the Construction Managerfoi: 'transmittal to the
Architect.'
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~ 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the.."
Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the
normal place of testing.
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~ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid
unreasonable delay in the Work. - h,' /
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~ 13.6 INTEREST /
~ 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the d~te paymen~ is Que at
such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rat6 pr~vailing frdm tlme to
time at the place where the Project is located. ! i i
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~ 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
~ 13.7.1 As between the Owner and Contractor:
.1 Before Substantial Completion. As to acts or failures to act occurring prior to the rel,yvantdate.oL,
Substantial Completion, any applicable statute of limitations shall commence to .run and any alleged
cause of action shall be deemed to have accrued in any and all events not latee.than .suchdateT of'" ,
Substantial Completion; ,
.2 Between Substantial Completion and Final Certificate for Payment. As to acts t;ir failures to act
occurring subsequent to the relevant date of Substantial Completion and prior toiissuance of the final
Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged
cause of action shall be deemed to have accrued in any and all events not later than the date of
issuance of the final Certificate for Payment; and
.3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of
issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to
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AlA Doc1,llIl~nt A.201/CMaDl - 1992. Copyright ~ 1992 by The A1ne:ri<;:cU'1 In~tittlt_e of Atchi.tecls. All right.!;i re;S,erv~d. WARNING: Thi~ A.!A.~
Document is protected by U.S. Copyright Law and Intern&tional Treaties. UnauthQ~i~ed r&production or dis~ribution of this AlA. Document,
Or any portion of it, may result in severe eivil and cri~nal pehalti~e, ~nd will be prosecut~d to th~ maximum ~xt~nt possible under the
law. This draft was produc~d by AlA SUfr.W,;HE:! at 10:37.:7.9 on CJ4!llg/200.' under Or.der No.10007~g422 1 which expi.t'P-s on 9/18/2007, and is not
for res~l~_ -
Ustir t-Iotes: (24L4500166)
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run and any alleged cause of action shall be deemed to have accrued in any and all events not later
than the date of any act or failure to act by the Contractor pursuant to any warranty provided under
Section 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor
under Section 12.2, or the date of actual commission of any other act or failure to perform any duty or
obligation by the Contractor or Owner, whichever occurs last.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
~ 14.1 TERMINATION BY THE CONTRACTOR
~ 14.1.1 The Contract may terminate the Contract if the Work is stopped for a period of 30 days'through no act or
fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any'oinerperso'ni""""
performing portions of the Work under contract with the Contractor, for any of the followiqg reasons:
.1 issuance of an order of a court or other public authority having jurisdiction;: ;
.2 an act of government, such as a declaration of national emergency, making matepal unavailable;
.3 because the Construction Manager or Architect has not issued a Certificate fpr Ppyment and has not
notified the Contractor of the reason for withholding certification as provideaifi'Section 904.2, or
because the Owner has not made payment on a Certificate for Payment withtt'n~e time stated in the
Contract Documents; ., 1 t...,
.4 if repeated suspensions, delays or interruptions by the Owner as described id Sedtion 14.3 ~orultitute
": :' Ii
in the aggregate more than 100 percent of the total number of days scheduled fot completion, or 120
days in any 365-day period, whichever is less; or ';: ;
.5 the Owner has failed to furnish to the Contractor promptly, upon the Contractor'$ request, ieasonable
evidence as required by Section 2.2.1. ' "
~ 14.1.2 If one of the above reasons exists, the Contractor may, upon seven additional days' written notice to the
Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work
executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery,
including reasonable overhead, profit and damages. .
~ 14.1.3 If the Work is stopped for a period of 60 days through no act or fault of the Contractot -or a Subcontractor 9r
their agents or employees or any other persons performing portions of the Work under contract with the Contractor
because the Owner has persistently failed to fulfill the Owner's obligations under the Contr~ct-D9,~umehts w!th
respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' writtbn
notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the OWnera~
provided in Section 14.1.2. '
~ 14.2 TERMINATION BY THE OWNER FOR CAUSE "...<-.. '__
~ 14.2.1 The Owner may terminate the Contract if the Contractor: "
.1 persistently or repeatedly refuses or fails to supply enough properly skilled wbrkyr!fo[:ptQper' ,
materials' !,' '.:/.'
.2 fails to m'ake payment to Subcontractors for materials or labor in accordancJ witb the respe\:tive// .
agreements between the Contractor and the Subcontractors; ::; (
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority haying
jurisdiction; or \ '. \
.4 otherwise is guilty of substantial breach of a provision of the Contract Docu~ents.
~ 14.2.2 When any of the above reasons exist, the Owner, after consultation with the Construction Manager, and
upon certification by the Architect that sufficient cause exists to justify such action, may without P~lijudice to"any..._.
other rights or remedies of the Owner and after giving the Contractor and the Contractor's surery(if anY'"s,~Y~!l days'
written notice, terminate employment of the Contractor and may, subject to any prior rights qfthe .surety:
.1 take possession of the site and of all materials, equipment, tools, and construdtio~equipment and
machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Section 5 A; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
~ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the ContraCtor'sna:Il
not be entitled to receive further payment until the Work is finished.
AlA Document. A201/CMa~ - 1992_ Copyric;rht. @ 1992 by The Ame:r-ic..:an In:stit.\lte of Architects. All rights r~.e:erved+ WARNING: This AlA.
Oocum~nt is protected by U.S. copyriqht Law and l.nternationa.l Treaties. UnCi.uthorized. reproduction or dist.ribution of this AIAltJ Document,
or ahY portion Of it, may re~ult in ~evere civil and criminal penalti8s1 and will ~ prosecuted to the ~ximum ext.ent possibl~ under the
law. This draft was produced by AlA software at 10:32:29 on 04/09/2007 under O~de~ No.l000259422_1 which expires on 9/18/2007, ~nd is not
fOL" :t:e~Hd.E!.
User Notes: (2424500166)
43
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~ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
the Construction Manager's and Architect's services and expenses made necessary thereby, such excess shall be paid
to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The
amount to be paid to the Contractor or Owner, as the case may be, shall, upon application, be certified by the
Architect after consultation with the Construction Manager, and this obligation for payment shall survive
termination of the Contract.
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~ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
~ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in
whole or in part for such period of time as the Owner may determine. .
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~ 14.3.2 An adjustment shall be made for increases in the cost of performance of the Contra~t, i~cluding profit on the
increased cost of performance, caused by suspension, delay or interruption. No adjustment shall be made to the
extent:
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that performance is, was or would have been so suspended, delayed or interrUpted by another cause
for which the Contractor is responsible; or ;.-.
that an equitable adjustment is made or denied under another provision ofthts Contract.
~ 14.3.3 Adjustments made in the cost of performance may have a mutually agreed fixed orper~entage fe~.
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AlA. Pocurnent A.201/CMaDl - 1992. Copyright e 1992 by The American Insti tute of Arr:h i tects. All rights reserved. WARNING = Thi,s AlA.
DOCUJIHjot is prot!:!oted by U.S. Copyri.ght Lilw ~nd Interna.tional Treaties. tJna.ut.hori.t.lil:d reproduct.:i.on or distJ::t.butiQn of this AlAN Docum~nt,
or any portiOh Qf it, may result in severe civil and cri~inal penalties; ~nd will be prosecuted to the maximum ext~nt possible under thQ
law. This draft was p:t'CJdllced by AlA .software at 10:32:29 on 04/09/2007 under QrdeJ:" NQ.lo002Sg(j2Z_1 which expires on 9/18/20Cn, and is not
for r~:;;1ii le.
User 'Notes: U1!4~l00166)
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APRIL 2007
BOZEMAN INTERMODAL FACILITY
BOZEMAN, MT
SUPPLEMENTAL CONDITIONS
The following supplemental conditions modify, change, delete from, or add to the "General Conditions of the
Contract for Construction," AlA Document A201, 1997 Edition. Where an Article of the General Conditions is
modified or a Paragraph, Subparagraph, or Clause thereof is modified or deleted by these supplements, the
unaltered provisions of that Article, Paragraph, Subparagraph, or Clause shall remain in effect.
These Supplemental Conditions are designed to further define and clarify the relationship between Owner
and Construction Manager (CM) and the duties of the CM, and are subordinate to the Agreement A121 / CMc
entered into between the Parties and to further define and clarify the relationship between the CM and the
Trade Contractors and are subordinate to the Agreement A401 entered into between the CM and Trade
Contractors.
Article 1: General Provisions
1.1.8 Miscellaneous Definitions:
1. The term "product" as used herein includes materials, systems, and equipment.
2. The term "supplier" as used herein, includes a firm or organization furnishing or delivering
products directly to the job site, and because of such direct delivery, could be construed
under the lien laws of the State in which the work is being performed as having lien rights
against the funds due the CM. Suppliers of material and equipment, delivering to CM or
Subcontractors on an open account basis and not having lien rights on the Work, will not be
considered suppliers within the meaning of the Contract Documents.
3. A bidder selected to enter into a Contract with the CM for Work included under the bidder's
proposal is termed as "Awardees" until such time as he is awarded a Contract and becomes
the Contractor, Subcontractor, Supplier and/or Trade Contractor, all of which shall be referred
to in this Addendum as the "Trade Contractor"
4. Where "request", "approval", "satisfactory", and similar words appear, it is the request,
approval, or satisfaction of the ArchitecUEngineer that is intended.
5. Where "complete" is used, it shall mean "complete with connections, supports, attachments,
and incidental items necessary for a finished and properly operating assembly or installation."
6. Where "drawing" is used, it shall mean plans and detail drawings, both large and small scale,
furnished by the ArchitecUEngineer for the purpose of showing the work to be done.
7. The term "furnish" shall mean to supply (only) to another party for their use of installation,
including cost of delivery at the job site.
8. The term "install" shall mean to unload, distribute, uncrate, assemble, and fix into the
intended final positions, the installer to provide all miscellaneous hardware and supplies
required to anchor and support securely, clean up, and dispose of rubbish.
9. The term "connect" shall mean to bring service(s) to point of installation and make final
connections to the service(s) to the installed equipment, and to provide miscellaneous
auxiliary appurtenances necessary to make operable for its intended use.
10. The term "provide" shall mean furnish, install, and connect complete.
11. Bonds as covered by the Instructions to Bidders shall be considered to be a part of the
Contract Documents.
SUPPLEMENTAL CONDITIONS
SC-1
SUPPLEMENTAL CONDITIONS
SC-2
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APRIL 2007
BOZEMAN INTERMODAL FACILITY
BOZEMAN, MT
1.2 Correlation and Intent of the Contract Documents
1.2.2 Add the sentence: The CM shall determine the division of the Work into bid packages to be awarded
in cooperation with the Owner and The Architect.
1.2.4 If there should be a conflict between two or more of the Contract Documents, the following order of
interpretation shall apply:
1 . The terms and conditions as set forth in the Bidding Requirements, including legal
advertisement thereof, shall have full force and effect until such time as the contracts are
entered into between the CM and the Subcontractors and Suppliers, herein called "Trade
Contracts."
2. Where there is a conflict between the Bidding Requirements and the Contract Documents,
the Contract Documents shall govern.
3. Where requirements specifically set forth in the Trade Contracts are in conflict with other
Contract Documents, the Trade Contracts shall govern.
4. Where there is a conflict between the requirements of the General Conditions of the Contract
and the Supplementary Conditions, the requirements of the Supplementary Conditions shall
govern.
5. Where there is conflict between the Drawings and Specifications, a conflict within the
Drawings or within the Specifications, the conflict shall be resolved by the CM and the Owner.
1.2.5 It is the intent of the Contract Documents to accomplish a complete and first class installation in which
there shall be installed new products of the latest and best design and manufacture and workmanship shall be
thoroughly first class, executed by competent and experienced workman.
1. Details of preparation, construction, installation, and finishing encompassed by the Contract
Documents shall conform to the best practices of the respective trades, and that
workmanship and construction methods, shall be of first class quality so as to accomplish a
neat and first class finished job.
2. Where specific recognized standards are mentioned in the Specifications, it shall be
interpreted that such requirements shall be complied with.
Article 2: Owner
2.1 General
2.1.1 Delete the second sentence and replace it with ''The Owner shall designate a representative and the
extent of the representative's authority to bind the Owner."
2.1.2 Delete this subparagraph in its entirety and replace with the following: In no event shall the Owner
have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or
procedures or for safety precautions and programs in connection with the Work, notwithstanding any of the
rights and authority granted the Owner in the Contract Documents.
2.2 Information and Services Required of the Owner
2.2.2 Add the following to the sentence: " including those charges and costs related to zoning changes and
environmental impact statements."
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2.2.4 Delete and replace with the following: "Upon receipt of a written request from the CM, information or
services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid
delay in the orderly progress of the Work."
Article 3: Contractor
3.1.1 References to "the Contractor" shall be read as referring to the CM for purposes of the General and
Supplemental Conditions. Likewise it may also refer to the relationship between the CM and Trade
Contractor where the Trade Contractor is construed to be the "the Contractor".
3.2.4 CM shall be cognizant of the Architect's duty to provide services and shall cooperate with the
Architect to insure his presence at the appropriate times.
3.5 Warranty
3.5.2 The CM and Trade Contractors agrees to assign to the Owner, at the time of final completion of the
Work, any and all manufacturer's warranties relating to material and labor used in the Work and further
agrees to perform the Work in such manner so as to preserve any and all such manufacturer's warranties.
3.6 Taxes
3.6.2 The CM and Trade Contractors shall pay all state and federal taxes levied on his business, income,
or property, and he shall make all contributions for Social Security and other wage or payroll taxes. The CM
and Trade Contractors shall be solely responsible for such payments, and shall indemnify Owner and hold
Owner harmless for any assessment and payment of same. The gross receipts tax will be deducted from the
CM's application payment and submitted to the Department of Revenue by the Owner.
3.13 Use of Site
Add the following paragraphs to the end of 3.13:
3.13.2 Only materials and equipment which are to be used directly in the Work shall be brought to and
stored on the Project site by the CM or Trade Contractor. After equipment is no longer required for the Work,
it shall be promptly removed from the Project site. Protection of construction materials and equipment stored
at the Project site from weather, theft, damage and other adversity is solely the responsibility of the Trade
Contractor.
3.18 Indemnification
4.2 Architect's Administration of the Contract
4.2.4 Add the following: "All written communication between the Contractor and the Architect or its
consultants shall be simultaneously copied to the Owner."
4.3.7 Add to this paragraph: The CM shall not knowingly (as "knowingly" is defined in the Federal False
Claims Act, 31 USC Section 3729 et seq.) present or cause to be presented a false or fraudulent claim. As a
condition precedent to making a Claim, the claim shall be accompanied by an affidavit sworn to before a
notary public or other person authorized to administer oaths in the State of, Montana and executed by an
authorized representative of the CM or Subcontractor, which states that:
The Claim, which is submitted herewith, complies with the Supplementary General Conditions, which
provides that the CM or Trade Contractors shall not knowingly present or cause to be presented, a
false or fraudulent claim.
SUPPLEMENTAL CONDITIONS
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Article 5: Subcontractors
5.2 Award of Subcontracts and Other Contracts for Portions of the Work.
5.2.1 Delete in its entirety. All Trade Contracts will be Publicly Bid.
5.2.4 Delete in its entirety and replace with: "The CM shall not change a Trade Contractor previously
selected without consent of the Owner and the Architect."
5.2.4 Delete and replace with: "The CM shall notify the Owner and the Architect of any proposed
substitution of a Trade Contractor a minimum of 10 days prior to the proposed change. The Owner may
require the CM to change a Trade Contractor previously approved, and, if at such time the CM is not in
default under this Agreement, the contract sum shall be increased or decreased by the difference in the cost
resulting from the change."
Article 8: Time
8.1 Definitions
8.1.2 Delete in its entirety and replace with the following: "The date of commencement of the Work is the
effective date established in the Notice to Proceed given by the Owner."
8.2 Progress and Completion
8.2.2.1 Work shall be started on or before a date set forth by the Owner in a written "Notice to Proceed."
Article 9: Payments and Comoletion
9.1 Contract Sum
9.1.1 Delete lines 2 and 3 in their entirety and replace with "the aggregate total of all Subcontracts and
supply contracts (Trade Contracts) competitively solicited and awarded in connection with this Project."
9.2.1 In the first line, delete the words "Before the first Application for Payment" and substitute "Upon full
execution of the Agreement and at the Pre Award meeting." Delete the last sentence and replace with the
following sentence: This schedule, upon acceptance by the Architect and the Owner. shall be used as a basis
for reviewing the CM's application for payment.
9.3 Applications for Payment
9.3.1 Delete this subparagraph, and substitute the following: Applications for payment shall be made at
approximately 30 day intervals. The CM shall submit to the Architect, an itemized Application for Payment,
supported by such data substantiating the CM's right to payment as the Owner or the Architect may require.
The form of Application for Payment shall be AlA Document G702/CMa (1992) - Application and Certification
for Payment, supported by AlA Document G703 (1992) - Continuation Sheet. No other forms of Application
for Payment will be acceptable. Continuation Sheet (G703) shall be prepared the same as in the Schedule of
Values submitted by the CM. Such applications may include requests for payment on account of changes in
the work which have been properly authorized by Construction Change Directives but not yet included in
Change Orders.
9.3.4 Until final payment, the Owner will pay 95 percent of the amount(s) submitted by the CM on his
monthly application for payment and as approved by the Architect, for labor performed and work properly in
place, and for materials delivered to the site of the Work or in an approved storage site (5 percent remainder
is retainage).
SUPPLEMENTAL CONDITIONS
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9.6 Progress Payments
9.6.8 A one percent (1 %) Montana Contractors License tax will be withheld from all payments to the
Contractor, and Owner will transmit such moneys to the Department of Revenue. This amount is understood
to be in addition to the five percent (5%) retainage authorized.
9.11 Each "Public Contractor," which includes all Trade Contractors with contracts greater than Five
Thousand Dollars ($5,000) each, shall include one percent (1%) in their bid to the CM. The CM will withhold
said one percent (1 %) from payments made to Trade Contractors.
Article 10: Protection of Persons and ProDertv
10.1 Safety and Precautions and Programs
10.1.1 No known hazardous materials will be used in the project or its fixtures, including but not limited to
friable asbestos materials or products, polychlorinated biphenyl (PCB), or materials known to be hazardous to
potable water.
10.1.2 The Trade Contractors will provide a material safety data sheet on all chemicals and potentially
hazardous materials brought on site by the Trade Contractors or any subcontractor, supplier, or employee or
agent of a subcontractor or supplier, including but not limited to paints, thinners, glues, mastics and solvents.
The safety data sheets will be provided to the CM at the Jobsite and made available to the Owner and
Architect.
Article 11: Insurance and Bonds
11.1.1 Add the following: "Liability insurance shall be provided under an ISO Commercial General Liability
Form or its equivalent with no coverage removed by exclusionary endorsement.
11.5 Performance and Payment Bond.
11.5.1 Delete in its entirety and replace with the following: "The Contractor shall furnish a Performance
Bond and Labor and Material Payment Bond meeting all statutory requirements of the FT A Contractual
Requirements, in form and substances satisfactory to the Owner and, without limitation, complying with the
following specific requirements:
1. Except as otherwise required by statute, the form and substance of such bond(s) shall be
satisfactory to the Owner in the Owner's sole judgment;
2. Bond(s) shall be executed by a responsible surety licensed in Montana and listed in the latest
U.S. Dept. of Treasury Circular #570, with a Bests rating of no less than AlXII. Said bonds shall
remain in effect through the warranty period, and until all of the CM's obligations to the Owner are
fulfilled;
3. The Performance Bond and the Labor and Material Payment Bond shall be in an amount equal to
or exceeding one hundred percent (100%) of the Contract Sum;
4. The Contractor shall require the attorney in fact who executes the required bond(s) on behalf of
the surety to affix thereto a certified and current copy of his power of attorney indicating the
monetary limit of such power;
5. Every Bond under this Paragraph 11.4.1 must display the Suretys Bond Number. A rider including
the following provision shall be attached to each Bond:
SUPPLEMENTAL CONDITIONS
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(1) Surety agrees that it is obligated under the bond(s) to any successor, grantee or assignee of
the Owner.
6. The Owner and Contractor shall be named as obligees on the bonds.
11.5.3 The Contractor shall keep the surety informed of the progress of the Work, and, where necessary,
obtain the suretys consent to, or waiver of: (1) notice of changes in the Work; (2) request for reduction or
release of retention; (3) request for final payment; and (4) any other material required by the surety. The
Owner shall be notified by the Contractor, in writing, of all communications with the surety. The Owner may, in
the Owner's sole discretion, inform surety of the progress of the Work and obtain consents as necessary to
protect the Owner's rights, interest, privileges and benefits under and pursuant to any bond issued in
connection with the Work.
Article 13: Miscellaneous Provisions
13.5.3 The Trade Contractor also agrees that the cost of testing services required for the convenience of the
Trade Contractor in his scheduling and performance of the Work, and the cost of testing services related to
remedial operations performed to correct deficiencies in the Work shall be borne by the Trade Contractor.
Article 15: Equal Opportunity
15.1 The CM shall maintain policies of employment as follows:
15.1.1 The CM and its Trade Contractors shall not discriminate against any employees or applicant for
employment because of race, religion, color, sex, national origin or age. The Contractor shall take affirmative
action to insure that applicants are employed, and that employees are treated during employment without
regard to their race, religion, color, sex, national origin or age. Such action shall include, but not be limited to
the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the policies of non-discrimination.
15.1.2 The CM and all its Trade Contractors shall, in all solicitations or advertisements for employees placed
by them or on their behalf, state that all qualified applicants will receive consideration for employment without
regard to race, religion, color, sex, national origin or age.
Article 16: Assianments
16.1 The CM shall not assign the whole or any part of this contract or any monies due or to become due,
hereunder, without written consent of the Owner. In case the CM assigns all or any part of any monies due or
to become due under this contract, the instrument of assignment shall contain a clause substantially to the
effect that it is agreed that the right of the assignee in and to any monies due or to become due to the CM
shall be subject to prior claims of all persons, firms, and corporations for services rendered or materials
supplied for the performance of the work called for in this contract.
END OF SUPPLEMENTAL CONDITIONS
SUPPLEMENTAL CONDITIONS
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DAVIS - BACON WAGE RATES
GENERAL DECISION: MT20070034 02/09/2007 MT34
Date: February 9. 2007
General Decision Number: MT20070034 02/09/2007
Superseded General Decision Number: MT20030034
State: Montana
Construction Type: Building
County: Gallatin County in Montana.
BUILD CONSTRUCTION PROJECTS (Does not include residential construction consisting of single family
homes and apartments up to and including 4 stories)
Modification Number Publication Date
o 02/09/2007
ELEC0532-004 12/01/2005
Rates Fringes
Electrician (Excluding Fiber
Optics and HV AC Control
Wiring)........................$ 23.44 4.25%+8.00
* PLUM0041-005 07/01/2006
Rates Fringes
Plumber/Pipefitter (Including
HVAC Piping, and Set unit).....$ 25.15 10.10
SUMT1999-006 02/23/1999
Rates Fringes
Carpenter (Acoustical
Ceilings only).................$ 15.00 3.50
Carpenter (Carpenter including
Drywall Hanging and Form Work;
Excluding Acoustical Ceilings
And Cabinets)..................$ 12.90
3.37
Ironworker, Reinforcing........$ 16.01
6.14
Laborer, General...............$ 10.91
3.10
Painter........................$ 14.00
Power Equipment Operator
Loader......................$ 16.07
4.07
DAVIS - BACON WAGES
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Truck Driver
Tandem Dump.................$ 16.13 3.87
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
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Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (U)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis~Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
DAVIS - BACON WAGES
BOZEMAN, MT
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(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material.
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
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END OF DAVIS-BACON WAGES
DAVIS - BACON WAGES
BOZEMAN,MT
DBW - 3