HomeMy WebLinkAboutStandard Form of Agreement with RSCI for Fire Station No.4 Mini Park
CITY OF MERIDIAN
MERIDIAN FIRE DEPARTMENT
EAGLE ROAD STATION
MERIDIAN, IDAHO
NOTICE OF AWARD
TO:
Ms. Susan Record. CFO/Secretary
RSCI
1854 E. Lanark
Meridian. Idaho 83642
DATED: 8 August 2005
PROJECT DESCRIPTION: Provide all labor and materials associated with the construction of a mini-
park on approximately 0.50 acre of land at the southern portion of the site for the new Meridian Fire
Department Station #4 at 2515 South Eagle Road - Ada County - Meridian, Idaho.
The OWNER has considered the Bid submitted by you for the above described Work in response
to its Advertisement for Bids and Information for Bidders.
You "e hereby notified that your Bid has been accepted for: The construction of the above
described project based on documents provided by ZGA Architects and Planners. Chartered dated 27
May 2005 in the amount of Thirty Three Thousand One Hundred Thirty Four Dollars ($33.134.00).
You are required to fully execute the Agreement and furnish the required Contractor's
Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days from the
date of the Notice to Proceed.
If you fail to execute said Agreement and to furnish said bonds and certificates of insurance
within ten (10) calendar days from the date of the Notice to Proceed, said OWNER will be entitled to
consider all your rights arising out of the OWNER'S acceptance of your Bid as abandoned and as a
forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by
law.
You are required to return the attached ACCEPTANCE OF NOTICE OF A WARD to the
OWNER.
OWNER:
ATTEST:
1\\ II 1111/ I Ii I
\ I \ IIII
\\\\\..1 Of Ml:.:h~ 1I11
\ , 'Y.~/"J. 1/
" ~~~ A
/ ~% }l !Ji/L./:¿ ~, 9--
SEAL :: .
NAME: Tammy e Weerd : y. £':) N~E: WIll Berg
TITLE Mayor ~ "1:. ~ ,~ '.0 T,frLE: City Clerk
. ~~ run. ~¿:
Il¡;pWll'ttL 6:; 011j (e1rhI,~ /~~ . (J~\\\\""
111I 1\\
111111111111\,.1
8AIÄ
Document A101TM -1997
Standard Form of Agreement Between Owner and Contractor
where the basis of payment is a STIPULA TED SUM
I AGREEMENT made as of the Eighth day of August in the year of Two Thousand and Five
(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, address and other information)
City of Meridian
33 East Idaho Ayenue
Meridian. Idaho 83642
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
and the Contractor:
(Name, address and other information)
AlA Document A201-1997,
General Conditions of the
Contract for Construction, is
adopted in this document by
reference. Do not use with other
general conditions unless this
document is modified.
RSCI
1854 East Lanark Street
Meridian. Idaho 83642
The Project is:
(Name and location)
This document has been
approved and endorsed by The
Associated General Contractors
of America.
MINI-PARK DEVELOPMENT AT
MERIDIAN FIRE STATION NO 4
2515 South Eagle Road
Meridian. Idaho 83642
The Architect is:
(Name, address and other information)
ZGA Architects and Planners. Chartered
565 West Myrtle Street. Suite 225
Boise. Idaho 83702
The Owner and Contractor agree as follows.
AlA Document A101TII -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U,S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA"' Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:47:54 on 08/16/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not for resale,
Uger Notes:
1
(3809648665)
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in
Article 8.
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically
indicated in the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date
will befv:ed in a notice to proceed.)
I The date of commencement and substantial completion will be stipulated in the Notice to Proceed.
If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other
security interests, the Owner's time requirement shall be as follows:
I Not Applicable
§ 3.2 The Contract Time shall be measured from the date of commencement.
I § 3.3 The Contractor shall achieye Substantial Completion of the entire Work not later than One Hundred Fifty 150
days from the date of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of
commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial
Completion of certain portions of the Work.)
Portion of Work
Not Applicable
Substantial Completion Date
, subject to adjustments of this Contract Time as provided in the Contract Documents.
(Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for
early completion of the Work.)
The Owner will suffer financial loss in an amount that is difficult to Quantifv if the Project is not Substantially
Complete on the date set forth in this Agreement or Notice to Proceed. The Contractor (and his Surety) shall be
liable for and shall pay to the Owner the sums hereinafter stipulated as fixed, agreed and liquidated damages. and
not as a penalty. for each calendar day of delay until the Work is substantially completed:
I Five Hundred and No/One Hundreds Dollars ($500.00Vcalendar day.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in CUITent funds for the Contractor's performance of the
Contract. The Contract Sum shall be Thirty Three Thousand One Hundred Thirty-four Dollars and Zero Cents ($
33.134.00), subject to additions and deductions as provided in the Contract Documents.
§ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
AlA Document A101'" -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967. 1974. 1977, 1987, 1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA" Document, Dr any portion 01 It, may result In severa civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10;47;54 on 08116/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and Is not for resale.
User Notes:
2
(3809648665)
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by
the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the
amount/or each and the date when that amount expires)
Alternate No. I: Provide all labor and materials associated with the construction of a mini-park on approximately
0.50 acre ofland at the southern portion of the site for the new Meridian Fire Department Station #4 at 2515 South
Eagle Road - Ada County- Meridian. Idaho.
§ 4.3 Unit prices, if any, are as follows:
Description
Not Applicable
Units
Price ($ 0.00)
ARTICLE 5 PAYMENTS
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for
Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided below and elsewhere in the Contract Documents.
§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month, or as follows:
I Not Applicable
§ 5.1.3 Proyided that an Application for Payment is received by the Architect on or before the date of the monthly
progress meeting but not laæf-Iess than thirty (30) days before the day of a month, date established for each
progress payment. the Owner shall make payment to the Contractor not later than twenty one (21) days after the
èay-Architect's Certificate of Payment is received by the Hteffift-.Owner . If an Application for Payment is received
by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty (
30 ) days after the Architect receiyes the Application for Payment.
§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of yalues shall allocate the entire Contract
Sum among the yarious portions of the Work. The schedule of values shall be prepared in such form and supported
by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the
Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
§ 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
§ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1
Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of Five percent (
5.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in
dispute shall be included as proYided in Section 7.3.8 of AlA Document A201-1997;
.2
Add that portion of the Contract Sum properly allocable to materials and equipment deliyered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of Five percent ( 5.00%);
.3
Subtract the aggregate of previous payments made by the Owner; and
AlA Document A101"" -1997. Copyright @ 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American
Institute 01 Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion 01 It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:47:54 on 08/16/2005 under Order
No.1 000151186_1 which expires on 12/13/2005, and Is not for resale.
User Notes;
3
(3809648665)
.4
Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment
as proYided in Section 9.5 of AlA Document A201-1997.
§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under
the following circumstances:
.1
Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete
Work, retainage applicable to such work and unsettled claims; and liquidated damages
(Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial
Completion of Work with consent of surety, if any.)
.2
Add, if final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Section 9.10.3 of AlA Document
A201-1997.
§ 5.1.8 Reduction or limitation of retain age, ifany, shall be as follows:
(/fit is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from
the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract
Documents, insert here provisions for such reduction or limitation.)
I Not Applicable
§ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make adyance payments to suppliers for
materials or equipment which have not been deliyered and stored at the site.
§ 5.2 FINAL PAYMENT
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when:
.1
the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2.2 of AlA Document A201-1997, and to satisfy other requirements,
if any, which extend beyond final payment; and
.2
a final Certificate for Payment has been issued by the Architect.
§ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment, or as follows:
I Not Applicable
ARTICLE 6 TERMINATION OR SUSPENSION
§ 6.1 The Contract may be terminated by the Owner or the Contractor as proYided in Article 14 of AlA Document
A201-1997.
§ 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A201-1997.
ARTICLE 7 MISCELLANEOUS PROVISIONS
§ 7.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 or another Contract
Document, the reference refers to that proYision as amended or supplemented by other proYisions of the Contract
Documents.
§ 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
located.
(lnsert rate of interest agreed upon, if any.)
AlA Document A10P" -1997. Copyright @ 1915,1916,1925,1937,1951,1956,1961,1963,1967, 1974, 1977, 1967, 1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA"' Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:47:54 on 08/16/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not lor resale.
User Notes;
4
(3609646665)
) per annum
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
and other regulations at the Owner's and Contractor's principal places of business. the location of the Project and
elsewhere may affect the validity of this provision. Legal advice ~'hould be obtained with respect to deletions or
modifications, and also regarding requirements such as written disclosures or waivers.)
§ 7.3 The Owner's representative is:
(Name, address and other information)
Elroy Huff. Construction Manager. Park Superintendent
Meridian Parks and Recreation Deoartment
11 West Bower Street
Meridian. Idaho 83642
Doug Strong. Director
Meridian Parks and Recreation Department
11 West Bower Street
Meridian. Idaho 83642
§ 7.4 The Contractor's representative is:
(Name, address and other information)
Susan Records
1854 East Lanark Street
Meridian. Idaho 83642
§ 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party.
§ 7.6 Other provisions:
I Not Aoolicable
ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
§ 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as
follows:
§ 8.1.1 The Agreement is this executed 1997 edition of the Standard Fonn of Agreement Between Owner and
Contractor, AlA Document A1O1-1997.
§ 8.1.2 The General Conditions are the 1997 edition ofthe General Conditions of the Contract for Construction, AlA
Document A201.1997.
I § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
May 27. 2005 , and are as follows
Document
Supplementary Conditions
Title
Exhibit 'B'
Pages
SCI-SC13
§ 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement.)
Section
Refer to Exhibit 'c'
Title
Table of Contents
Pages
TOCI-TOC4
AlA Document A101T11 -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlAe Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:47:54 on 08/16/2005 under Order
No.1 000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes:
5
(3809648665)
I § 8.1.5 The Drawings are as follows, and are dated Mav 24. 2005 unless a different date is shown below:
(Either list the Drawings here or refer to an exhibit attached to this Agreement.)
Number
Refer to Exhibit 'D'
Title
Schedule of Drawings
SODI-S0D2
Date
5/27/2005
§ 8.1.6 The Addenda, if any, are as follows:
Number
QntiU
Date
6/29/2005
Pages
ADDU ~ ADDU with
attachments
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 8.
§ 8.1.7 Other documents, ifany, forming part of the Contract Documents are as follows:
(List here any additional documents that are intended to fonn part of the Contract Documents. AIA Document A201-
I997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample
fonns and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They
should be listed here only ifintended to be part of the Contract Documents.)
AlA Document A101'M -1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967, 1974, 1977, 1987, 1991 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may result in severe civil and criminal penalties. and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:47:54 on 08/16/2005 under Order
No-1 000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes;
6
(3809648665)
EXH[BIT -A'
-AIÄ
:.. .:
I
Document A201TM -1997
General Conditions of the Contract for Construction
for the following PROJECT:
(Name and location or address);
MINI-PARK DEVELOPMENT AT
MERIDIAN FIRE ST AnON NO 4
2515 South Eagle Road
Meridian. Idaho 83642
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
This document has been
approved and endorsed by The
Associated General Contractors
of America
THE OWNER:
(Name and address);
City of Meridian
33 East Idaho Ayenue
Meridian. Idaho 83642
THE ARCHITECT:
(Name and address);
ZGA Architects and Planners. Chartered
565 West Myrtle Street. Suite 225
Boise. Idaho 83702
TABLE OF ARTICLES
GENERAL PROVISIONS
2
OWNER
3
CONTRACTOR
4
ADMINISTRATION OF THE CONTRACT
5
SUBCONTRACTORS
6
CONSTRUCTION BY OWNER OR BY SEPARATE 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
AlA Document A201T11-1997. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction Or distribution 01 this AlA'" Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.l000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes: (1221458460)
1
INDEX
(Numbers and Topics in Bold are Section Headings)
Acceptance of Nonconforming Work
9.6.6, 9.9.3, 12.3
Acceptance of Work
9.6.6,9.8.2,9.9.3,9.10.1,9.10.3,12.3
Access to Work
3.16, 6.2.1, 12.1
Accident Prevention
4.2.3, 10
Acts and Omissions
3.2,3.3.2,3.12.8,3.18,4.2.3,4.3.8,4.4.1,8.3.1,
9.5.1,10.2.5,13.4.2,13.7,14.1
Addenda
1.1.1,3.11
Additional Costs, Claims for
4.3.4,4.3.5,4.3.6,6.1.1,10.3
Additional Inspections and Testing
9.8.3, 12.2.1, 13.5
Additional Time, Claims for
4.3.4,4.3.7,8.3.2
ADMINISTRATION OF THE CONTRACT
3.1.3,4,9.4,9.5
Advertisement or Invitation to Bid
1.1.1
Aesthetic Effect
4.2.13,4.5.1
Allowances
3.8
All-risk Insurance
11.4.1.1
Applications for Payment
4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5,
9.10,11.1.3,14.2.4,14.4.3
Approvals
2.4,3.1.3,3.5,3.10.2,3.12,4.2.7,9.3.2, 13.4.2, 13.5
Arbitration
4.3.3,4.4,4.5.1,4.5.2,4.6,8.3.1,9.7.1, 11.4.9,
11.4.10
Architect
4.1
Architect, Definition of
4.1.1
Architect, Extent of Authority
2.4,3.12.7,4.2,4.3.6,4.4,5.2,6.3,7.1.2,7.3.6,7.4,
9.2,9.3.1,9.4,9.5,9.8.3,9.10.1, 9.10.3, 12.1, 12.2.1,
13.5.1, 13.5.2, 14.2.2, 14.2.4
Architect, Limitations of Authority and
Responsibility
2.1.1,3.3.3,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,
4.2.2,4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,4.4,
5.2.1,7.4,9.4.2,9.6.4,9.6.6
Architect's Additional Services and Expenses
2.4,11.4.1.1,12.2.1,13.5.2,13.5.3,14.2.4
Architect's Administration of the Contract
3.1.3,4.2,4.3.4,4.4,9.4,9.5
Architect's Approyals
2.4,3.1.3,3.5.1,3.10.2,4.2.7
Architect's Authority to Reject Work
3.5.1,4.2.6,12.1.2,12.2.1
Architect's Copyright
1.6
Architect's Decisions
4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4, 4.4.1, 4.4.5,
4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4,
9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, 14.2.4
Architect's Inspections
4.2.2,4.2.9,4.3.4,9.4.2,9.8.3,9.9.2,9.10.1, 13.5
Architect's Instructions
3.2.3,3.3.1,4.2.6,4.2.7,4.2.8,7.4.1, 12.1, 13.5.2
Architect's Interpretations
4.2.11,4.2.12,4.3.6
Architect's Project Representatiye
4.2.10
Architect's Relationship with Contractor
1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1,
3.7.3,3.10,3.11,3.12,3.16,3.18,4.1.2,4.1.3,4.2,
4.3.4,4.4.1,4.4.7,5.2,6.2.2, 7, 8.3.1,9.2,9.3,9.4,
9.5,9.7,9.8,9.9, 10.2.6,10.3,11.3,11.4.7,12,
13.4.2, 13.5
Architect's Relationship with Subcontractors
1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.4.7
Architect's Representations
9.4.2,9.5.1,9.10.1
Architect's Site Visits
4.2.2,4.2.5,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1,
13.5
Asbestos
10.3.1
Attorneys' Fees
3.18.1,9.10.2,10.3.3
A ward of Separate Contracts
6.1.1,6.1.2
Award of Subcontracts and Other Contracts for
Portions of the Work
5.2
Basic Definitions
1.1
Bidding Requirements
1.1.1,1.1.7,5.2.1,11.5.1
Boiler and Machinery Insurance
11.4.2
Bonds, Lien
9.10.2
Bonds, Performance, and Payment
7.3.6.4,9.6.7,9.10.3,11.4.9,11.5
Building Permit
3.7.1
Capitalization
1.3
Certificate of Substantial Completion
AlA Document A201T11-1997. Copyright @ 1911,1915,1918,1925.1937,1951,1958.1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA"' Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.I000151186_1 which expires on t2/13/2005, and is not for resale.
User Notes:
2
(1221458460)
9.8.3, 9.8.4, 9.8.5
Certificates for Payment
4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.] ,
9.10.3,13.7,14.1.1.3, ]4.2.4
Certificates of Inspection, Testing or Approya]
13.5.4
Certificates of Insurance
9.10.2,11.1.3
Change Orders
1.1.1,2.4.1,3.4.2,3.8.2.3,3.11.1,3.]2.8,4.2.8,4.3.4,
4.3.9,5.2.3,7.1,7.2,7.3,8.3.1,9.3.1.],9.10.3,
11.4.1.2,11.4.4, ]1.4.9, 12.1.2
Change Orders, Definition of
7.2.]
CHANGES IN THE WORK
3.11,4.2.8,7,8.3.1,9.3.1.1,11.4.9
Claim, Definition of
4.3.1
Claims and Disputes
3.2.3,4.3,4.4,4.5,4.6,6.1.1,6.3,7.3.8,9.3.3,9.10.4,
10.3.3
Claims and Timely Assertion of Claims
4.6.5
Claims for Additional Cost
3.2.3,4.3.4,4.3.5,4.3.6,6.1.1,7.3.8, 10.3.2
Claims for Additional Time
3.2.3,4.3.4,4.3.7,6.1.1,8.3.2.10.3.2
Claims for Concealed or Unknown Conditions
4.3.4
Claims for Damages
3.2.3,3.18,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7,10.3.3,
11.1.1,11.4.5,11.4.7,14.1.3, ]4.2.4
Claims Subject to Arbitration
4.4.1.4.5.1,4.6.1
Cleaning Up
3.15, 6.3
Commencement of Statutory Limitation Period
13.7
Commencement of the Work, Conditions Re]ating to
2.2.1,3.2.],3.4.1,3.7.1,3.10.1,3.12.6,4.3.5,5.2.1,
5.2.3,6.2.2,8.1.2,8.2.2,8.3.1,11.1, ] 1.4.1, ] 1.4.6,
11.5.1
Commencement of the Work, Definition of
8.1.2
Communications Facilitating Contract
Administration
3.9.1,4.2.4
Completion, Conditions Re]ating to
1.6.1,3.4.1,3.11,3.15,4.2.2,4.2.9,8.2,9.4.2,9.8,
9.9.1,9.10, 12.2, 13.7, ]4.1.2
COMPLETION, PAYMENTS AND
9
Completion, Substantia]
4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3.
9.10.4.2, 12.2, 13.7
Compliance with Laws
1.6.1,3.2.2.3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6.4,
4.6.6,9.6.4,10.2.2,11.1, ] ].4,13.1,13.4,13.5.1,
13.5.2,13.6, 14.1.1, 14.2.1.3
Concealed or Unknown Conditions
4.3.4,8.3.1, 10.3
Conditions of the Contract
1.1.1, 1.1.7,6.1.1,6.1.4
Consent. Written
1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2,
9.8.5,9.9.1,9.10.2,9.10.3,11.4.1, 13.2,13.4.2
CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
1.1.4,6
Construction Change Directiye, Definition of
7.3.1
Construction Change Directives
1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1
Construction Schedules, Contractor's
1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3
Contingent Assignment of Subcontracts
5.4, 14.2.2.2
Continuing Contract Performance
4.3.3
Contract, Definition of
1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF THE
5.4.1.1,11.4.9,14
Contract Administration
3.1.3,4,9.4,9.5
Contract Award and Execution, Conditions Relating
to
3.7.1,3.10,5.2,6.1,11.1.3,11.4.6,11.5.1
Contract Documents, The
1.1, 1.2
Contract Documents, Copies Furnished and Use of
1.6, 2.2.5, 5.3
Contract Documents, Definition of
1.1.1
Contract Sum
3.8,4.3.4,4.3.5,4.4.5,5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2,
9.5.1.4,9.6.7,9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2
Contract Sum, Definition of
9.1
Contract Time
4.3.4,4.3.7,4.4.5,5.2.3,7.2.1.3,7.3,7.4,8.1.1,8.2,
8.3.1,9.5.],9.7,10.3.2,12.1.1, 14.3.2
Contract Time, Definition of
8.1.1
CONTRACTOR
3
Contractor, Definition of
3.1,6.1.2
Contractor's Construction Schedules
1.4.1.2,3.10,3.12.1,3.12.2,4.3.7.2,6.1.3
Contractor's Employees
AlA Document A201'M -1997. Copyright @ 1911.1915.1918,1925.1937.1951.1958,1961.1963, 1966. 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA" Document, or any portion 01 It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. ThiS document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 which expires on 12/13/2005. and is not for resale.
User Notes: (1221458460)
3
3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3.4.2.6,10.2, 10.3,
11.1.1,11.4.7,14.1,14.2.1.1,
Contractor's Liability Insurance
11.1
Contractor's Relationship with Separate Contractors
and Owner's Forces
3.12.5,3.14.2,4.2.4,6, 11.4.7, 12.1.2, 12.2.4
Contractor's Relationship with Subcontractors
1.2.2,3.3.2,3.18.1,3.18.2,5,9.6.2,9.6.7,9.10.2,
11.4.1.2,11.4.7,11.4.8
Contractor's Relationship with the Architect
1.1.2, 1.6,3.1.3,3.2.1,3.2.2,3.2.3,3.3.1,3.4.2,3.5.1,
3.7.3,3.10,3.11,3.12,3.16,3.18, 4.1.2,4.1.3,4.2,
4.3.4,4.4.1,4.4.7,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,
9.5,9.7,9.8,9.9, 10.2.6, 10.3, 1].3, 11.4.7, 12,
13.4.2, 13.5
Contractor's Representations
1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.8.2
Contractor's Responsibility for Those Performing the
Work
3.3.2,3.18,4.2.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.],
10
Contractor's Reyiew of Contract Documents
1.5.2,3.2,3.7.3
Contractor's Right to Stop the Work
9.7
Contractor's Right to Terminate the Contract
4.3.10, 14.1
Contractor's Submittals
3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,9.3,
9.8.2,9.8.3,9.9.1,9.10.2,9.10.3, 11.1.3,11.5.2
Contractor's Superintendent
3.9, 10.2.6
Contractor's Supervision and Construction
Procedures
1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3,
6.2.4,7.1.3,7.3.4,7.3.6,8.2, 10, 12, 14
Contractual Liability Insurance
11.1.1.8,11.2,11.3
Coordination and Correlation
1.2,1.5.2,3.3.1,3.10,3.12.6,6.1.3,6.2.]
Copies Furnished of Drawings and Specifications
1.6,2.2.5,3.11
Copyrights
1.6,3.17
Correction of Work
2.3,2.4,3.7.4,4.2.1,9.4.2,9.8.2,9.8.3,9.9.1, ]2.1.2,
12.2, 13.7.1.3
Correlation and Intent of the Contract Documents
1.2
Cost, Definition of
7.3.6
Costs
2.4.3.2.3,3.7.4,3.8.2,3.15.2,4.3,5.4.2,6.1.1,6.2.3,
7.3.3.3,7.3.6, 7.3.7, 7.3.8, 9.10.2, 10.3.2, 10.5, ] 1.3,
11.4, 12.1, 12.2.1, ]2.2.4, 13.5, 14
Cutting and Patching
6.2.5, 3.14
Damage to Construction of Owner or Separate
Contractors
3.]4.2,6.2.4,9.2.1.5,10.2.1.2,10.2.5,10.6,11.1,
11.4, 12.2.4
Damage to the Work
3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4
Damages, Claims for
3.2.3,3.]8,4.3.10,6.1.1,8.3.3,9.5.1,9.6.7,10.3.3,
11.1.1,11.4.5,11.4.7, ]4.1.3, ]4.2.4
Damages for Delay
6.1.1,8.3.3,9.5.1.6,9.7, 10.3.2
Date of Commencement of the Work, Definition of
8.1.2
Date of Substantial Completion, Definition of
8.1.3
Day, Definition of
8.1.4
Decisions of the Architect
4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.3.4,4.4.1,4.4.5,
4.4.6,4.5,6.3,7.3.6,7.3.8,8.1.3,8.3.1,9.2,9.4,
9.5.1,9.8.4,9.9.1, 13.5.2, 14.2.2, ]4.2.4
Decisions to Withhold Certification
9.4.1,9.5,9.7,14.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of
2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.],9.5.2,9.6.6,9.8.2,
9.9.3,9.10.4,12.2.],13.7.1.3
Defectiye Work, Definition of
3.5.]
Definitions
1.1,2.1.1,3.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1,
4.3.1,5.1,6.1.2,7.2.],7.3.],7.3.6,8.1, 9.],9.8.1
Delays and Extensions of Time
3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1,
7.4.1,8.3,9.5.1,9.7.],10.3.2, 10.6.1,14.3.2
Disputes
4.1.4,4.3,4.4,4.5,4.6,6.3,7.3.8
Documents and Samples at the Site
3.11
Drawings, Definition of
1.1.5
Drawings and Specifications, Use and Ownership of
1.1.1,1.3,2.2.5,3.11,5.3
Effective Date of Insurance
8.2.2, 11.1.2
Emergencies
4.3.5,10.6, 14.1.1.2
Employees, Contractor's
3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3,
11.1.1,11.4.7,14.1,14.2.1.1
Equipment, Labor, Materials and
1.1.3,1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.]5.],
4.2.6,4.2.7,5.2.1,6.2.],7.3.6, 9.3.2,9.3.3,9.5.1.3,
9.10.2, 10.2.1, 10.2.4, 14.2.1.2
Execution and Progress of the Work
AlA Document A201T11-1997. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING; This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA" Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
NO.1 000151186_1 which expires on 12/13/2005, and Is not lor resale.
User Notes: (1221458460)
4
1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5.3.1,3.3,3.4,3.5,3.7,
3.10,3.12,3.14,4.2.2,4.2.3,4.3.3,6.2.2,7.1.3,7.3.4,
8.2,9.5,9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3
Extensions of Time
3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3,7.4.1,
9.5.1,9.7.1, 10.3.2, 10.6.1, 14.3.2
Failure of Payment
4.3.6,9.5.1.3,9.7,9.10.2,14.1.1.3,14.2.1.2, 13.6
Faulty Work
(See Defective or Nonconforming Work)
Final Completion and Final Payment
4.2.1,4.2.9,4.3.2,9.8.2,9.10, 11.1.2, 11.1.3, 11.4.1,
11.4.5,12.3.1,13.7,14.2.4,14.4.3
Financial Arrangements, Owner's
2.2.1, 13.2.2, 14.1.1.5
Fire and Extended Coverage Insurance
11.4
GENERAL PROVISIONS
1
Governing Law
13.1
Guarantees (See Warranty)
Hazardous Materials
10.2.4, 10.3, 10.5
Identification of Contract Documents
1.5.1
Identification of Subcontractors and Suppliers
5.2.1
Indemnification
3.17,3,18,9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7
Information and Services Required of the Owner
2.1.2,2.2,3.2.1,3.12.4,3.12.10,4.2.7,4.3.3,6.1.3,
6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3,10.3.3,
11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4
Injury or Damage to Person or Property
4.3.8, 10.2, 10,6
Inspections
3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.2,
9.8.3,9.9.2,9.10.1,12.2.1, 13.5
Instructions to Bidders
1.1.1
Instructions to the Contractor
3.2.3,3.3.1,3.8.1,4.2.8,5.2.1,7,12,8.2.2,13.5.2
Insurance
3.18.1,6.1.1,7.3.6,8.2.1,9.3.2,9.8.4,9.9.1,9.10.2,
9.10.5,11
Insurance, Boiler and Machinery
11.4.2
Insurance, Contractor's Liability
11.1
Insurance, Effectiye Date of
8.2.2, 11.1.2
Insurance, Loss of Use
11.4.3
Insurance, Owner's Liability
11.2
Insurance, Project Management Protective
Liability
11.3
Insurance,Property
10.2.5, 11.4
Insurance, Stored Materials
9.3.2, 11.4.1.4
INSURANCE AND BONDS
11
Insurance Companies, Consent to Partial Occupancy
9.9.1,11.4.1.5
Insurance Companies, Settlement with
11.4.10
Intent of the Contract Documents
1.2.1,4.2.7,4.2.12,4.2.13,7.4
Interest
13.6
Interpretation
1.2.3,1.4,4.1.1,4.3.1,5.1,6.1.2,8.1.4
Interpretations, Written
4.2.11,4.2.12,4.3.6
Joinder and Consolidation of Claims Required
4.6.4
Judgment on Final Award
4.6.6
Labor and Materials, Equipment
1.1.3,1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13,3.15.1,
42.6,4.2.7,5.2.1,6.2.1,7.3.6, 9.3.2,9.3.3,9.5.1.3,
9.10.2, 10.2.1, 10.2.4, 14.2.1.2
Labor Disputes
8.3.1
Laws and Regulations
1.6,3.2.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6,
9.6.4,9.9.1,10.2.2,11.1,11.4,13.1, 13.4,13.5.1,
13.5.2, 13.6, 14
Liens
2.1.2,4.4.8, 8.2.2, 9.3.3, 9.10
Limitation on Consolidation or Joinder
4.6.4
Limitations, Statutes of
4.6.3, 12.2.6, 13.7
Limitations of Liability
2.3,3.2.1,3.5.1,3.7.3,3.12.8,3.12.10,3.17,3.18,
4.2.6,4.2.7,4.2.12,6.2.2,9.4.2,9.6.4, 9.6.7,9.10.4,
10.3.3,10.2.5,11.1.2,11.2.1,11.4.7,12.2.5,13.4.2
Limitations of Time
2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1,
4.2.7,4.3,4.4,4.5,4.6,5.2,5.3, 5.4,6.2.4,7.3,7.4,
8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9,
9.10,11.1.3,11.4.1.5,11.4.6,11.4.10,12.2.13.5,
13.7, 14
Loss of Use Insurance
11,4.3
Material Suppliers
1.6,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.6,9.10.5
Materials, Hazardous
10.2.4, 10.3, 10.5
AIADocumentA201T1I_1997.Copyrlght @1911.1915, 1918, 1925, 1937, 1951.1958.1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U,S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document. or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes: (1221458460)
5
Materials, Labor, Equipment and
1.1.3, 1.1.6, 1.6.1,3.4,3.5.1,3.8.2,3.8.23,3.12,3.13,
3.15.1,4.2.6,4.2.7,5.2.1,6.2.1, 7.3.6,9.3.2,9.3.3,
9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.2
Means, Methods, Techniques, Sequences and
Procedures of Construction
3.3.1,3.12.10,4.2.2,4.2.7,9.4.2
Mechanic's Lien
4.4.8
Mediation
4.4.1,4.4.5,4.4.6,4.4.8,4.5,4.6.1,4.6.2,8.3.1, 10.5
Minor Changes in the Work
1.1.1,3.12.8,4.2.8,4.3.6.7.1,7.4
MISCELLANEOUS PROVISIONS
13
Modifications, Definition of
1.1.1
Modifications to the Contract
1.1.1,1.1.2,3.7.3,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,
9.7,10.3.2,11.4.1
Mutual Responsibility
6.2
NonconforDÚng Work, Acceptance of
9.6.6, 9.9.3, 12.3
Nonconforming Work, Rejection and CoITection of
2.3,2.4,3.5.1,4.2.6,6.2.5,9.5.1,9.8.2,9.9.3,9.10.4,
12.2.1, 13.7.1.3
Notice
2.2.1,2.3,2.4,3.2.3,3.3.1,3.7.2,3.7.4,3.12.9,4.3,
4.4.8,4.6.5,5.2.1,8.2.2,9.7,9.10,10.2.2,11.1.3,
11.4.6,12.2.2,12.2.4,13.3,13.5.1,13.5.2,14.1,14.2
Notice, Written
2.3,2.4,3.3.1,3.9,3.12.9,3.12.10,4.3,4.4.8,4.6.5,
5.2.1,8.2.2,9.7,9.10, 10.2.2, 10.3, 11.1.3, 11.4.6,
12.2.2, 12.2.4, 13.3, 14
Notice of Testing and Inspections
13.5.1, 13.5.2
Notice to Proceed
8.2.2
Notices, Pernùts, Fees and
2.2.2,3.7,3.13,7.3.6.4,10.2.2
Observations, Contractor's
1.5.2,3.2,3.7.3,4.3.4
Occupancy
2.2.2, 9.6.6, 9.8, 11.4.1.5
Orders, Written
1.1.1,2.3,3.9,4.3.6,7,8.2.2, 11.4.9, 12.1, 12.2,
13.5.2, 14.3.1
OWNER
2
Owner, Definition of
2.1
Owner, Information and Services Required of the
2.1.2,2.2,3.2.1.3.12.4,3.12.10,4.2.7,4.3.3,6.1.3,
6.1.4,6.2.5,9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3,
11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4
Owner's Authority
1.6,2.1.1,2.3,2.4,3.4.2,3.8.1,3.12.10,3.14.2,4.1.2,
4.1.3,4.2.4,4.2.9,4.3.6,4.4.7, 5.2.1,5.2.4,5.4.1,
6.1,6.3,7.2.1,7.3.1,8.2.2,8.3.1,9.3.1,9.3.2,9.5.1,
9.9.1,9.10.2, 10.3.2,11.1.3,11.3.1,11.4.3,11.4.10,
12.2.2, 12.3.1, 13.2.2, 14.3, 14.4
Owner's Financial Capability
2.2.1,13.2.2,14.1.1.5
Owner's Liability Insurance
11.2
Owner's Loss of Use Insurance
11.4.3
Owner's Relationship with Subcontractors
1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2
Owner's Right to Carry Out the Work
2.4, 12.2.4. 14.2.2.2
Owner's Right to Clean Up
6.3
Owner's Right to Perfonn Construction and to
A ward Separate Contracts
6.1
Owner's Right to Stop the Work
2.3
Owner's Right to Suspend the Work
14.3
Owner's Right to Terminate the Contract
14.2
Ownership and Use of Drawings, Specifications
and Other Instruments of Service
1.1.1,1.6,2.2.5.3.2.1,3.11.1,3.17.1,4.2.12,5.3
Partial Occupancy or Use
9.6.6, 9.9, 11.4.1.5
Patching, Cutting and
3.14,6.2.5
Patents
3.17
Payment, Applications for
4.2.5,7.3.8,9.2,9.3,9.4,9.5.1,9.6.3,9.7.1,9.8.5,
9.10.1,9.10.3,9.10.5, 11.1.3, 14.2.4, 14.4.3
Payment, Certificates for
4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,9.10.1,
9.10.3, 13.7, 14.1.1.3, 14.2.4
Payment, Failure of
4.3.6,9.5.1.3,9.7,9.10.2,14.1.1.3,14.2.1.2,13.6
Payment, Final
4.2.1,4.2.9,4.3.2,9.8.2,9.10,11.1.2,11.1.3,11.4.1,
11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3
Payment Bond, Performance Bond and
7.3.6.4,9.6.7,9.10.3,11.4.9,11.5
Payments, Progress
4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3
PAYMENTS AND COMPLETION
9
Payments to Subcontractors
5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7,11.4.8,
14.2.1.2
PCB
10.3.1
AlA Document A201TII-1997. Copyright @ 1911.1915,1918,1925,1937,1951,1958,1961,1963,1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rlghlS reserved. WARNING: This AlA'" Document Is protected by U.S, Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion of It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is notforresale.
User Notes: (1221458460)
6
Performance Bond and Payment Bond
7.3.6.4,9.6.7,9.10.3,11.4.9,11.5
Permits, Fees and Notices
2.2.2,3.7,3.13, 7.3.6.4, 10.2.2
PERSONS AND PROPERTY, PROTECTION
OF
10
Polychlorinated Biphenyl
10.3.1
Product Data, Definition of
3.12.2
Product Data and Samples, Shop Drawings
3.11,3.12,4.2.7
Progress and Completion
4.2.2,4.3.3,8.2,9.8,9.9.1, 14.1.4
Progress Payments
4.3.3,9.3,9.6.9.8.5,9.10.3, 13.6, 14.2.3
Project, Definition of the
1.1.4
Project Management Protective Liability
Insurance
11.3
Project Manual, Definition of the
1.1.7
Project Manuals
2.2.5
Project Representatives
4.2.10
Property Insurance
10.2.5, 11.4
PROTECTION OF PERSONS AND PROPERTY
10
Regulations and Laws
1.6,3.1.2,3.6,3.7,3.12.10,3.13,4.1.1,4.4.8,4.6,
9.6.4,9.9.1,10.2.2,11.1,11.4,13.1, 13.4,13.5.1,
13.5.2, 13.6, 14
Rejection of Work
3.5.1,4.2.6,12.2.1
Releases and Waivers of Liens
9.10.2
Representations
1.5.2,3.5.1,3.12.6,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1,
9.8.2,9.10.1
Representatives
2.1.1,3.1.1,3.9,4.1.1,4.2.1,4.2.10,5.1.1,5.1.2,
13.2.1
Resolution of Claims and Disputes
4.4, 4.5, 4.6
Responsibility for Those Performing the Work
3.3.2,3.18,4.1.3,4.3.8,5.3.1,6.1.3,6.2,6.3,9.5.1,
10
Retainage
9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3
Review of Contract Documents and Field
Conditions by Contractor
1.5.2,3.2,3.7.3,3.12.7,6.1.3
Reyiew of Contractor's Submittals by Owner and
Architect
3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9.8.2
Review of Shop Drawings, Product Data and
Samples by Contractor
3.12
Rights and Remedies
1.1.2,2.3,2.4,3.5.1,3.15.2,4.2.6,4.3.4,4.5,4.6,5.3,
5.4,6.1,6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3,
12.2.2, 12.2.4, 13.4, 14
Royalties, Patents and Copyrights
3.17
Rules and Notices for Arbitration
4.6.2
Safety of Persons and Property
10.2, 10.6
Safety Precautions and Programs
3.3.1,4.2.2,4.2.7,5.3.1,10.1, 10.2, 10.6
Samples, Definition of
3.12.3
Samples, Shop Drawings, Product Data and
3.11,3.12,4.2.7
Samples at the Site, Documents and
3.11
Schedule of Values
9.2,9.3.1
Schedules,
1.4.1.2,3.10, 3.ConstructionI2.1, 3.12.2, 4.3.7.2,
6.1.3
Separate Contracts and Contractors
1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,4.6.4,6,8.3.1,
11.4.7, 12.1.2, 12.2.5
Shop Drawings, Definition of
3.12.1
Shop Drawings, Product Data and Samples
3.11,3.12,4.2.7
Site, Use of
3.13, 6.1.1, 6.2.1
Site Inspections
1.2.2,3.2.1,3.3.3,3.7.1,4.2,4.3.4,9.4.2,9.10.1, 13.5
Site Visits, Architect's
4.2.2,4.2.9,4.3.4,9.4.2,9.5.1,9.9.2,9.10.1, 13.5
Special Inspections and Testing
4.2.6, 12.2.1, 13.5
Specifications, Definition of the
1.1.6
Specifications, The
1.1.1,1.1.6,1.1.7,1.2.2,1.6,3.11,3.12.10,3.17
Statute of Limitations
4.6.3, 12.2.6, 13.7
Stopping the Work
2.3,4.3.6,9.7, 10.3, 14.1
Stored Materials
6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4
Subcontractor, Definition of
5.1.1
SUBCONTRACTORS
AlA Document A201T11-1997. Copyright @ 1911,1915,1918,1925,1937,1951.1958,1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlAI/') Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlAI/') Document. or any portion 01 It, may result In severe civil and criminal penallles, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/18/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes:
7
(1221458460)
5
Subcontractors, Work by
1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2,
9.6.7
Subcontractoal Relations
5.3,5.4,9.3.1.2,9.6,9.1010.2.1,11.4.7,11.4.8,14.1,
14.2.1, 14.3.2
Submittals
1.6,3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.6,9.2,
9.3,9.8,9.9.1,9.10.2,9.10.3, 11.1.3
Subrogation, Waivers of
6.1.1.11.4.5,11.4.7
Substantial Completion
4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3,
9.10.4.2, 12.2, 13.7
Substantial Completion, Definition of
9.8.1
Substitution of Subcontractors
5.2.3, 5.2.4
Substitution of Architect
4.1.3
Substitutions of Materials
3.4.2,3.5.1,7.3.7
Sub-subcontractor, Definition of
5.1.2
Subsurlace Conditions
4.3.4
Successors and Assigns
13.2
Superintendent
3.9, 10.2.6
Supervision and Construction Procedures
1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,4.3.3,6.1.3,
6.2.4,7.1.3,7.3.6,8.2,8.3.1,9.4.2,10, 12,14
Surety
4.4.7,5.4.1.2,9.8.5,9.10.2,9.10.3,14.2.2
Surety, Consent of
9.10.2,9.10.3
Surveys
2.2.3
Suspension by the Owner for Convenience
14.4
Suspension of the Work
5.4.2, 14.3
Suspension or Tennination of the Contract
4.3.6,5.4.1.1, 11.4.9, 14
Taxes
3.6, 3.8.2.1, 7.3.6.4
Termination by the Contractor
4.3.10,14.1
Termination by the Owner for Cause
4.3.10,5.4.1.1,14.2
Tennination of the Architect
4.1.3
Termination of the Contractor
14.2.2
TERMINATION OR SUSPENSION OF THE
CONTRACT
14
Tests and Inspections
3.1.3,3.3.3,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3,9.9.2,
9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5
TIME
8
Time, Delays and Extensions of
3.2.3,4.3.1,4.3.4,4.3.7,4.4.5,5.2.3,7.2.1,7.3.1,
7.4.1,8.3,9.5.1,9.7.1,10.3.2, 10.6.1,14.3.2
Time Limits
2.1.2,2.2,2.4,3.2.1,3.7.3,3.10,3.11,3.12.5,3.15.1,
4.2,4.3,4.4,4.5,4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4,
8.2,9.2,9.3.1,9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9,
9.10,11.1.3,11.4.1.5, 11.4.6.11.4.10,12.2,13.5,
13.7, 14
Time Limits on Claims
4.3.2, 4.3.4, 4.3.8, 4.4, 4.5, 4.6
Title to Work
9.3.2,9.3.3
UNCOVERING AND CORRECTION OF
WORK
12
Uncovering of Work
12.1
Unforeseen Conditions
4.3.4,8.3.1, 10.3
Unit Prices
4.3.9,7.3.3.2
Use of Documents
1.1.1,1.6,2.2.5,3.12.6,5.3
Use of Site
3.13,6.1.1,6.2.1
Values, Schedule of
9.2,9.3.1
Waiyer of Claims by the Architect
13.4.2
Waiver of Claims by the Contractor
4.3.10,9.10.5,11.4.7,13.4.2
Waiyer of Claims by the Owner
4.3.10,9.9.3,9.10.3,9.10.4,11.4.3,11.4.5,11.4.7,
12.2.2.1, 13.4.2, 14.2.4
Waiver of Consequential Damages
4.3.10, 14.2.4
Waiver of Liens
9.10.2,9.10.4
Waivers of Subrogation
6.1.1, 11.4.5, 11.4.7
Warranty
3.5,4.2.9,4.3.5.3, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2,
13.7.1.3
Weather Delays
4.3.7.2
Work, Definition of
1.1.3
Written Consent
AlA Doçument A201T11 -1997. Copyright @ 1911. 1915. 1918. 1925, 1937, 1951, 1958, 1961. 1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA" Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 whiCh expires on 12/1312005, and is notforresale.
User Notes: (1221458460)
8
1.6,3.4.2,3.12.8,3.14.2,4.1.2,4.3.4,4.6.4,9.3.2,
9.8.5,9.9.1,9.10.2,9.10.3,11.4.1, 13.2,13.4.2
Written Interpretations
4.2.11,4.2.12,4.3.6
Written Notice
2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10,4.3, 4.4.8, 4.6.5,
5.2.1,8.2.2,9.7,9.10,10.2.2,10.3, 11.1.3,11.4.6,
12.2.2,12.2.4,13.3, 14
Written Orders
1.1.1,2.3,3.9,4.3.6,7,8.2.2,11.4.9,12.1,12.2,
13.5.2, 14.3.1
AlA Document A201TM -1997. Copyright @ 1911. 1915, 1918, 1925, 1937. 1951. 1958. 1961. 1963, 1966, 1970, 1976. 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AIA~ Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA~ Document, or any portion of It, may result In severe civil and criminal penalties. and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes:
9
(1221458460)
ARTICLE 1 GENERAL PROVISIONS
§ 1.1 BASIC DEFINITIONS
§ 1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement),
Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda
issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after
execution of the Contract. A 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 in the Work issued by
the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other
documents such as bidding requirements (adyertisement or inyitation to bid, Instructions to Bidders, sample forms,
the Contractor's bid or portions of Addenda relating to bidding requirements).
§ 1.1.2 THE CONTRACT
The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the
Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or (4) between any persons
or entities other than the Owner and Contractor. The Architect shall, howeyer, be entitled to performance and
enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties.
§ 1.1.3 THE WORK
The term "Work" means the construction and services required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials, equipment and services provided or to be provided by
the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.
§ 1.1.4 THE PROJECT
The Project is the total construction of which the Work performed under the Contract Documents may be the whole
or a part and which may include construction by the Owner or by separate contractors.
§ 1.1.5 THE DRAWINGS
The Drawings are the graphic and pictorial portions of the Contract Documents 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 materials,
equipment, systems, standards and workmanship for the Work, and performance of related services.
§ 1.1.7 THE PROJECT MANUAL
The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample
forms, Conditions of the Contract and Specifications.
§ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
§ 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution 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
consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the
indicated results.
§ 1.2.2 Organization of the Specifications into diyisions, sections and articles, and arrangement of Drawings shall not
control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be
performed by any trade.
§ 1.2.3 Unless otherwise stated in the Contract Documents, words which haye well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings.
AIADocumentA201T11-1997.Copyrlght @1911, 1916, 1918.1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: Tnls AlA'" Document Is protected by U.S. Copyrlgnt Law and International Treaties.
Unautnorlzed reproduction or distribution 01 tnls AlA'" Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be
prosecuted to tne maximum extent possible under tne law. Tnls document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1 000151186_1 wnicn expires on 12/13/2005, and is not for resale.
User Notes:
10
(1221458460)
§ 1.3 CAPITALIZATION
§ 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles
of numbered articles or (3) the titles of other documents published by the American Institute of Architects.
§ 1.4 INTERPRETATION
§ 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any"
and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears
in another is not intended to affect the interpretation of either statement.
§ 1.5 EXECUTION OF CONTRACT DOCUMENTS
§ 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or
both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request.
§ 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,
become generally familiar with local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents.
§ 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
§ 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the
Architect and the Architect's consultants are Instruments of Seryice through which the Work to be executed by the
Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor,
Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications
and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the
Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law,
statutory and other reserved rights, in addition to the copyrights. All copies ofInstruments of Seryice, except the
Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of
the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's
consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are
not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other
projects or for additions to this Project outside the scope of the Work without the specific written consent of the
Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub-subcontractors and material
or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the
execution of their Work under the Contract Documents. All copies made under this authorization shall bear the
statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the
Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for
other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's
or Architect's consultants' copyrights or other reserved rights.
ARTICLE 2 OWNER
§ 2.1 GENERAL
§ 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall haye
express authority to bind the Owner with respect to all matters requiring the Owner's approyal or authorization.
Except as otherwise proYided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means
the Owner or the Owner's authorized representative.
§ 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information
necessary and relevant for the Contractor to eyaluate, giye notice of or enforce mechanic's lien rights. Such
information shall include a correct statement of the record legal title to the property on which the Project is located,
usually referred to as the site, and the Owner's interest therein.
§ 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
§ 2.2.1 The Owner shall, at the written request of the Contractor, prior to commencement of the Work and thereafter,
furnish to the Contractor reasonable eyidence that financial arrangements haye been made to fulfill the Owner's
obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or
AlA Document A201TII-1997. Copyright @ 1911,1915,1918.1925,1937,1951,1958,1961.1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA"' Document, or any portion of II, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extenl possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not for resale,
User Notes:
11
(1221458460)
continuation ofthe Work. After such eyidence has been furnished, the Owner shall not materially yary such
financial arrangements without prior notice to the Contractor.
§ 2.2.2 Except for permits and fees, including those required under Section 3.7.1, which are the responsibility of the
Contractor under the Contract Documents, the Owner shall secure and pay for necessary approyals, easements,
assessments and charges required for construction, use or occupancy of permanent structures or for permanent
changes in existing facilities.
§ 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for
the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of
information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the
Work.
§ 2.2.4 Information or seryices required of the Owner by the Contract Documents shall be furnished by the Owner
with reasonable promptness. Any other information or services relevant to the Contractor's performance of the
Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written
request for such information or seryices.
§ 2.2.5 Unless otherwise proYided in the Contract Documents, the Contractor will be furnished, free of charge, such
copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work.
§ 2.3 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 may issue a written order to the Contractor to stop the Work, or any portion thereof, until the
cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not giye rise to a
duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity,
except to the extent required by Section 6.1.3.
§ 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
§ 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and
fails within a seyen-day period after receipt of written notice from the Owner to commence and continue correction
of such default or neglect with diligence and promptness. the Owner may after such seyen+day period giye the
Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within
such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies,
the Owner may, without prejudice to other remedies the Owner may haye, correct such deficiencies. In such case an
appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the
reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's
additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts
charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the
Contractor are not sufficient to coyer such amounts, the Contractor shall pay the difference to the Owner.
ARTICLE 3 CONTRACTOR
§ 3.1 GENERAL
§ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's
authorized representatiye.
§ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.
§ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract
Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests,
inspections or approyals required or performed by persons other than the Contractor.
§ 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
§ 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor
shall carefully study and compare the yarious Drawings and other Contract Documents relative to that portion of the
AlA Document A201n.t -1997. Copyright @ 1911,1915,1918,1925,1937.1951,1958,1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AIA~ Document Is protec1ed by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum exten1 possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1000151186_1 which expires on 12/1312005, and is not for resale.
User Notes;
12
(1221458460)
Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of
any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it.
These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of
discoyering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or
omissions discoyered by the Contractor shall be reported promptly to the Architect as a request for information in
such form as the Architect may require.
§ 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the
Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and
not as a licensed design professional unless otherwise specifically proYided in the Contract Documents. The
Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes,
ordinances, building codes, and rules and regulations, but any nonconformity discoyered by or made known to the
Contractor shall be reported promptly to the Architect.
§ 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions
issued by the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1
and 3.2.2, the Contractor shall make Claims as proYided in Sections 4.3.6 and 4.3.7. If the Contractor fails to
perform the obligations of Sections 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as
would haye been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the
Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or
for differences between field measurements or conditions and the Contract Documents unless the Contractor
recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect.
§ 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
§ 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The
Contractor shall be solely responsible for and haye control over construction means, methods, techniques, sequences
and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents
give other specific instructions concerning these matters. If the Contract Documents give specific instructions
concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the
jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such
means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods,
techniques, sequences or procedures may not be safe, the Contractor shall giye timely written notice to the Owner
and Architect and shaH not proceed with that portion of the Work without further written instructions from the
Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or
procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any
resulting loss or damage.
§ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees,
Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or
on behalf of the Contractor or any of its Subcontractors.
§ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to detennine that
such portions are in proper condition to receiye subsequent Work.
§ 3.4 LABOR AND MATERIALS
§ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
facilities and seryices necessary for proper execution and completion of the Work, whether temporary or permanent
and whether or not incorporated or to be incorporated in the Work.
§ 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect
and in accordance with a Change Order.
§ 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other
persons carrying out the Contract. The Contractor shall not pennit employment of unfit persons or persons not
skilled in tasks assigned to them.
AlA Document A201TM -1997. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion 01 It, may result In severe civil and criminal penalties. and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/1612005 under Order
No.1QO0151186_1 which expires on 12/13/2005, and Is not lor resale.
User Notes:
13
(1221458460)
§ 3.5 WARRANTY
§ 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the
Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the
Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to
the requirements of the Contract Documents. Work not confonning to these requirements, including substitutions
not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for
damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient
maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
§ 3,6TAXES
§ 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor
which are legally enacted when bids are receiyed or negotiations concluded, whether or not yet effectiye or merely
scheduled to go into effect.
§ 3.7 PERMITS, FEES AND NOTICES
§ 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
pennit and other permits and governmental fees, licenses and inspections necessary for proper execution and
completion of the Work which are customarily secured after execution ofthe Contract and which are legally
required when bids are receiyed or negotiations concluded.
§ 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful
orders of public authorities applicable to performance of the Work.
§ 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with
applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor obseryes
that portions of the Contract Documents are at yariance therewith, the Contractor shall promptly notify the Architect
and Owner in writing. and necessary changes shall be accomplished by appropriate Modification.
§ 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and
rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate
responsibility for such Work and shall bear the costs attributable to colTection.
§ 3.8 ALLOWANCES
§ 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items
covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,
but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable
objection.
§ 3.8.2 Unless otherwise provided in the Contract Documents:
.1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and
all required taxes, less applicable trade discounts;
Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and
other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but
not in the allowances;
wheneyer costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly
by Change Order. The amount of the Change Order shall reflect (1) the difference between actual
costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section
3.8.2.2.
.2
.3
§ 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to ayoid delay
in the Work.
§ 3.9 SUPERINTENDENT
§ 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance
at the Project site during performance of the Work. The superintendent shall represent the Contractor, and
communications given to the superintendent shall be as binding as if giyen to the Contractor. Important
AlA Document A201T11-1997. Copyright @ 1911,1915,1918,1925.1937,1951,1958.1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of It, may result In Severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 which expires on 1211312005, and IS not for resale.
User Notes:
14
(1221458460)
communications shall be confirmed in writing. Other communications shall be similarly confirmed on written
request in each case. '
§ 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
§ 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and
Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits
current under the Contract Documents, shall be revised at appropriate interyals as required by the conditions of the
Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall
proYide for expeditious and practicable execution of the Work.
§ 3.10.2 The Contractor shall prepare and keep current, for the Architect's approyal, a schedule of submittals which
is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to reyiew
submittals.
§ 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to
the Owner and Architect.
§ 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 field changes and
selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and
similar required submittals. These shall be ayailable to the Architect and shall be delivered to the Architect for
submittal to the Owner upon completion of the Work.
§ 3.12 SHOP DRAWINGS. PRODUCT DATA AND SAMPLES
§ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the
Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of
the Work.
§ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and
other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
§ 3.12.3 Samples are physical examples 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 Documents. The purpose of
their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract
Documents the way by which the Contractor proposes to conform to the information giyen and the design concept
expressed in the Contract Documents. Reyiew by the Architect is subject to the limitations of Section 4.2.7.
Informational submittals upon which the Architect is not expected to take responsiye action may be so identified in
the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the
Architect without action.
§ 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the
Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with
reasonable promptness and in such sequence as to cause no delay in the Work or in the actiyities of the Owner or of
separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and
approyed by the Contractor may be returned by the Architect without action.
§ 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor
represents that the Contractor has determined and verified materials, field measurements and field construction
criteria related thereto, or will do so, and has checked and coordinated the information contained within such
submittals with the requirements of the Work and of the Contract Documents.
§ 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal
and reyiew of Shop Drawings. Product Data, Samples or similar submittals until the respective submittal has been
approved by the Architect.
AlA Document A201T11-1997. Copyright @ 1911,1915,1918,1925,1937,1951,1958.1961,1963, 1966, 1970, 1976.1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyrlghl Law and International Treaties.
Unauthorized reproduction Or distribution of this AIA~ Document, or any portion 0111, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.I000151186_1 which expires on 1211312005. and IS not for resaie.
User Notes;
15
(1221458460)
§ 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of
responsibility for deyiations from requirements of the Contract Documents by the Architect's approval of Shop
Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect
in writing of such deviation at the time of submittal and (1) the Architect has giyen written approval to the specific
deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued
authorizing the deyiation. The Contractor shall not be relieyed of responsibility for errors or omissions in Shop
Drawings, Product Data, Samples or similar submittals by the Architect's approyal thereof.
§ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the
absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions.
§ 3.12.10 The Contractor shall not be required to proYide professional services which constitute the practice of
architecture or engineering unless such services are specifically required by the Contract Documents for a portion of
the Work or unless the Contractor needs to proYide such seryices in order to carry out the Contractor's
responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be
required to provide professional services in violation of applicable law. If professional design services or
certifications by a design professional related to systems, materials or equipment are specifically required of the
Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria
that such services must satisfy. The Contractor shall cause such seryices or certifications to be provided by a
properly licensed design professional, whose signature and seal shall appear on all drawings, calculations,
specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings
and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear
such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled
to rely upon the adequacy, accuracy and completeness of the seryices, certifications or approyals performed by such
design professionals, provided the Owner and Architect have specified to the Contractor all performance and design
criteria that such seryices must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take
other appropriate action on submittals only for the limited purpose of checking for conformance with information
given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the
adequacy of the performance or design criteria required by the Contract Documents.
§ 3.13 USE OF SITE
§ 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the
Contract Documents and shall not unreasonably encumber the site with materials or equipment.
§ 3.14 CUTTING AND PATCHING
§ 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make
its parts fit together properly.
§ 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed
construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by
excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor
except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably
withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's
consent to cutting or otherwise altering the Work.
§ 3.15 CLEANING UP
§ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or
rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and
about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus
materials.
§ 3.15.2 If the Contractor fails to clean up as proYided in the Contract Documents, the Owner may do so and the cost
thereof shall be charged to the Contractor.
AlA Document A201T11-1997. Copyright @ 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architecl5. All rights reserved. WARNING: This AIA~ Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA~ Document, or any portion of it, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes:
16
(1221458460)
§ 3.16 ACCESS TO WORK
§ 3.16.1 The Contractor shall proYide the Owner and Architect access to the Work in preparation and progress
whereyer located.
§ 3.17 ROYALTIES, PATENTS AND COPYRIGHTS
§ 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for
infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account
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 or where the copyright violations
are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the
Contractor has reason to belieye that the required design, process or product is an infringement of a copyright or a
patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the
Architect.
§ 3,18 INDEMNIFICATION
§ 3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered
by Project Management Protectiye Liability insurance purchased by the Contractor in accordance with Section 11.3,
the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and
employees of any of them from and against claims, damages, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from performance of the Work, proYided that such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itself), but only to the extent caused by the 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 Section 3.18.1 shall not be limited by a limitation on amount or type of damages,
compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts,
disability benefit acts or other employee benefit acts.
ARTICLE 4 ADMINISTRATION OF THE CONTRACT
§ 4.1 ARCHITECT
§ 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing
architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular
in number. The term "Architect" means the Architect or the Architect's authorized representative.
§ 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents
shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect.
Consent shall not be unreasonably withheld.
§ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the
Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former
Architect.
§ 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT
§ 4.2.1 The Architect will proYide administration of the Contract as described in the Contract Documents, and will be
an Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's
concurrence, from time to time during the one-year period for correction of Work described in Section 12.2. The
Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents,
unless otherwise modified in writing in accordance with other provisions of the Contract.
§ 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the
Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress
and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and
AlA Document A201TM -1997. Copyright @1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA" Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/18/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes;
17
(1221458460)
deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that
the Work, when fully completed, will be in accordance with the Contract Documents. Howeyer, the Architect will
not be required to make exhaustiye or continuous on-site inspections to check the quality or quantity of the Work.
The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods,
techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since
these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in
Section 3.3.1.
§ 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the
requirements of the Contract Documents. The Architect will not have control over or charge of and will not be
responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other
persons or entities performing portions of the Work.
§ 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract
Documents or when direct communications have been specially authorized, the Owner and Contractor shall
endeavor to communicate with each other through the Architect about matters arising out of or relating to the
Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications
by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with
separate contractors shall be through the Owner.
§ 4.2.5 Based on the Architect's eyaluations of the Contractor's Applications for Payment, the Architect will reyiew
and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.
§ 4.2.6 The Architect will haye authority to reject Work that does not conform to the Contract Documents. Whenever
the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of
the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or
not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,
Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing
portions of the Work.
§4.2.7 The Architect will reyiew 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 giyen 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 or in the activities of the Owner, Contractor or
separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate
reyiew. Reyiew of such submittals is not conducted for the purpose of determining the accuracy and completeness of
other detaHs such as dimensions and quantities, or for substantiating instructions for installation or performance of
equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations
under Sections 3.3, 3.5 and 3.12. The Architect's reyiew shall not constitute approyal of safety precautions or, unless
otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or
procedures. The Architect's approyal of a specific item shall not indicate approval of an assembly of which the item
is a component.
§ 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor
changes in the Work as proYided in Section 7.4.
§ 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date
of final completion, will receiye and forward to the Owner, for the Owner's review and records, written warranties
and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate
for Payment upon compliance with the requirements of the Contract Documents.
§ 4.2.10 If the Owner and Architect agree, the Architect will proYide one or more project representatiyes to assist in
carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of
such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents.
AlA Document A20P" -1997. Copyright @ 1911. 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: Thl$ AlA" Document Is protected by U.S. Copyright Law and International Tre..tles.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of It, may result in severe civil and crimln..1 penalties, ..nd will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is nollor resale.
User Notes:
18
(1221458460)
§ 4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of, the
Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests
will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no
agreement is made concerning the time within which interpretations required of the Architect shall be furnished in
compliance with this Section 4.2, 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.
§ 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable
from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations
and initial decisions, the Architect will endeayor to secure faithful performance by both Owner and Contractor, will
not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith.
§ 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent
expressed in the Contract Documents.
§ 4.3 CLAIMS AND DISPUTES
§ 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or
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 initiated by written notice. The responsibility to
substantiate Claims shall rest with the party making the Claim.
§ 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event
giYing rise to such Claim or within 21 days after the claimant fIrSt recognizes the condition giving rise to the Claim,
whichever is later. Claims must be initiated by written notice to the Architect and the other party.
§ 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing
or as provided in Section 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract Documents.
§ 4.3.4 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 from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character proYided for in the
Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions
are disturbed and in no eyent later than 21 days after first observance of the conditions. The Architect will promptly
investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost
of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the
Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially
different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified,
the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in
opposition to such determination must be made within 21 days after the Architect has giyen notice of the decision. If
the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted,
but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the
adjustment shall be refeITed to the Architect for initial detennination, subject to further proceedings pursuant to
Section 4.4.
§ 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum,
written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required
for Claims relating to an emergency endangering life or property arising under Section 10.6.
§ 4.3.6 If the Contractor belieyes additional cost is inyolved for reasons including but not limited to (1) a written
interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault,
(3) a 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 this Section 4.3.
AIADocumentA201T1'-1997.Copyrlght @1911, 1915.1918.1925, 1937, 1951.1958, 1961, 1963.1966, 1970. 1976. 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING; This AlA'" Document Is protected by U.S. Copyright Law and International Treaties.
Uneuthorlzed reproduction or distribution 01 this AlA"' Document, or any portion 01 It, may result In severe civil and criminal penalties. and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1 000151t86~ 1 which expires on 12/13/2005, and Is not for resale.
User Notes;
19
(1221458460)
§ 4.3.7 Claims for Additional Time
§ 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided
herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on
progress of the Work. In the case of a continuing delay only one Claim is necessary.
§ 4.3.7.2 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, could not haye been reasonably
anticipated and had an adverse effect on the scheduled construction.
§ 4.3.8 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, or of others for whose acts such party is legally
responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after discoyery. The notice shall proyide sufficient detail to enable the other
party to investigate the matter.
§ 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are materially changed in a proposed Change Order or Construction Change Directive so that
application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or
Contractor, the applicable unit prices shall be equitably adjusted.
§ 4.3.10 Claims for Consequential Damages. The Contractor and Owner waiye Claims against each other for
consequential damages arising out of or relating to this Contract. This mutual waiver includes:
.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productiyity or of the services of
such persons; and
damages incurred by the Contractor for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for Joss of profit
except anticipated profit arising directly from the Work.
.2
This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination
in accordance with Article 14. Nothing contained in this Section 4.3.10 shall be deemed to preclude an award of
liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents.
§ 4.4 RESOLUTION OF CLAIMS AND DISPUTES
§ 4.4.1 Decision of Architect. Claims. including those alleging an error or omission by the Architect but excluding
those arising under Sections 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial
decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all
Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed
after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The
Architect will not decide disputes between the Contractor and persons or entities other than the Owner.
§ 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the
following actions: (1) request additional supporting data from the claimant or a response with supporting data from
the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5)
adyise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to
eyaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be
inappropriate for the Architect to resoJye the Claim.
§ 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from
either party or from persons with special knowledge or expertise who may assist the Architect in rendering a
decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense.
§ 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data,
such party shall respond, within ten days after receipt of such request, and shall either provide a response on the
requested supporting data, adyise the Architect when the response or supporting data will be furnished or advise the
Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the
Architect will either reject or approve the Claim in whole or in part.
AlA Document A201T11-1997. Copyright @1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproducllon or distribution or this AlA"' Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1 000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes:
20
(1221458460)
§ 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and
which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approyal or rejection
of a Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration.
§ 4.4.6 When a written decision of the Architect states that (1) the decision is final but subject to mediation and
arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after
the date on which the party making the demand receives the final written decision, then failure to demand arbitration
within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and
Contractor. If the Architect renders a decision after arbitration proceedings haye been initiated, such decision may
be entered as eyidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties
concerned.
§ 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may, but
is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a
possibility of a Contractor's default, the Architect or the Owner may, but is not obligated to, notify the surety and
request the surety's assistance in resolYing the controversy.
§ 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in
accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by
the Architect, by mediation or by arbitration.
§ 4.5 MEDIATION
§ 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those
waived as provided for in Sections 4.3.10, 9.10.4 and 9.10.5 shall, after initial decision by the Architect or 30 days
after submission of the Claim to the Architect, be subject to mediation as a condition precedent to arbitration or the
institution of legal or equitable proceedings by either party.
§ 4.5.2 The parties shall endeavor to resolye their Claims by mediation which, unless the parties mutually agree
otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration
Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract
and with the American Arbitration Association. The request may be made concurrently with the filing of a demand
for arbitration but, in such eyent, mediation shall proceed in adyance of arbitration or legal or equitable proceedings,
which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer
period by agreement of the parties or court order.
§ 4.5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in any court haYing jurisdiction thereof.
§ 4.6 ARBITRATION
§ 4.6.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those
waived as proYided for in Sections 4.3.10, 9.10.4 and 9.10.5, shall, after decision by the Architect or 30 days after
submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeayor to
resolye disputes by mediation in accordance with the provisions of Section 4.5.
§ 4.6.2 Claims not resolyed by mediation shall be decided by arbitration which, unless the parties mutually agree
otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration
Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the
Contract and with the American Arbitration Association, and a copy shall be filed with the Architect.
§ 4.6.3 A demand for arbitration shall be made within the time limits specified in Sections 4.4.6 and 4.6.1 as
applicable, and in other cases within a reasonable time after the Claim has arisen, and in no eyent shall it be made
after the date when institution of legal or equitable proceedings based on such Claim would be barred by the
applicable statute oflimitations as determined pursuant to Section 13.7.
AlA Document A201T11 -1997. Copyright @ 1911. 1915, 1918, 1925, 1937. 1951, 1958, 1961. 1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1oo0151186_1 which expires on 12/13/2005, and is notfor resale.
User Notes:
21
(1221458460)
§ 4.6.4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include,
by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except
by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Contractor
and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any
other manner, parties other than the Owner, Contractor, a separate contractor as described in Article 6 and other
persons substantially involyed in a common question of fact or law whose presence is required if complete relief is
to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as
described in Article 6 shall be included as an original third party or additional third party to an arbitration whose
interest or responsibility is insubstantial. Consent to arbitration involYing an additional person or entity shall not
constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described
therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity
duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court
having jurisdiction thereof.
§ 4.6.5 Claims and Timely Assertion of Claims. The party filing 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.
§ 4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be fmal, and judgment
may be entered upon it in accordance with applicable law in any court haYing jurisdiction thereof.
ARTICLE 5 SUBCONTRACTORS
§ 5.1 DEFINITIONS
§ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the
Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in
number and means a Subcontractor or an authorized representatiye of the Subcontractor. The term "Subcontractor"
does not include a separate contractor or subcontractors of a separate contractor.
§ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to
perform a portion of the Work at the site. The term" Sub-subcontractor" is referred to throughout the Contract
Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-
subcontractor.
§ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
§ 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as
practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of
persons or entities (including those who are to furnish materials or equipment fabricated to a special design)
proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing
stating whether or not the Owner or the Architect, after due inyestigation, has reasonable objection to any such
proposed person or entity. Failure of the Owner or Architect 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 Owner 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 or Architect has reasonable objection to a person or entity proposed by the Contractor, the
Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but
rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall
be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order
shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract
Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively
in submitting names as required.
§ 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or
Architect makes reasonable objection to such substitute.
AlA Document A201TOI-1997. Copyright @ 1911,1916,1916,1926,1937,1951,1958,1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WAANING; This AIA~ Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AIA~ Document, or any portion 01 It, may result In severe civil and criminal penallies, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and Is not lor resale-
User Notes:
22
(1221456460)
§ 5.3 SUBCONTRACTUAL RELATIONS
§ 5.3.1 By appropriate agreement, written where legally required for validity, the Contractor shall require each
Subcontractor. to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities,
including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents,
assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the
Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor
so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically
proYided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the
Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the
Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The
Contractor shall make ayailable to each proposed Subcontractor, prior to the execution of the subcontract agreement,
copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the
Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may
be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of
such documents ayailable to their respectiye proposed Sub-subcontractors.
§ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
§ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided
that:
.1
assignment is effective only after tennination ofthe Contract by the Owner for cause pursuant to
Section 14.2 and only for those subcontract agreements which the Owner accepts by notifying the
Subcontractor and Contractor in writing; and
assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the
Contract.
.2
§ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's
compensation shall be equitably adjusted for increases in cost resulting from the suspension.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
§ 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
§ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's
own forces, and to award separate contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or substantially similar to these including those
portions related to insurance and waiyer of subrogation. If the Contractor claims that delay or additional cost is
involved because of such action by the Owner, the Contractor shall make such Claim as proYided in Section 4.3.
§ 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations
on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes
each separate Owner-Contractor Agreement.
§ 6.1.3 The Owner shall proYide for coordination of the activities of the Owner's own forces and of each separate
contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with
other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The
Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual
agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate
contractors and the Owner until subsequently revised.
§ 6.1.4 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 subject to the 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 Article 3, this Article 6 and Articles 10, 11 and 12.
§ 6.2 MUTUAL RESPONSIBILITY
§ 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and
storage of their materials and equipment and performance of their actiyities. and shall connect and coordinate the
Contractor's construction and operations with theirs as required by the Contract Documents.
AlA Document 4201'" -1997. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA" Document, or any portion 01 It, may result In severe civil and criminal penalties, snd will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes:
23
(1221458460)
§ 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by
the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly
report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable
for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that
the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the
Contractor's Work, except as to defects not then reasonably discoverable.
§ 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a
separate contractor because of delays, improperly timed actiyities or defectiye construction of the Contractor. The
Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly
timed activities, damage to the Work or defective construction of a separate contractor.
§ 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially
completed construction or to property of the Owner or separate contractors as proYided in Section 10.2.5.
§ 6.2.5 The Owner and each separate contractor shall haye the same responsibilities for cutting and patching as are
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, separate contractors and the Owner as to the responsibility under
their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,
the Owner may clean up and the Architect will allocate the cost among those responsible.
ARTICLE 7 CHANGES IN THE WORK
§ 7.1 GENERAL
§ 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the
Contract, by Change Order, Construction Change Directiye or order for a minor change in the Work, subject to the
limitations stated in this Article 7 and elsewhere in the Contract Documents.
§ 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction
Change Directive requires agreement by the Owner and Architect and mayor may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
§ 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the
Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directiye
or order for a minor change in the Work.
§ 7.2 CHANGE ORDERS
§ 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and
Architect, stating their agreement upon all of the following:
.1 change in the Work;
.2 the amount of the adjustment, if any, in the Contract Sum; and
.3 the extent of the adjustment, if any, in the Contract Time.
I § 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section ~7.3.3,
subiect to suboaragraoh 7.2.2.1 of the Suoolementarv Conditions.
§ 7.3 CONSTRUCTION CHANGE DIRECTIVES
§ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and
Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract
Time, or both. The Owner may by Construction Change Directiye, without invalidating the Contract, order changes
in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the
Contract Sum and Contract Time being adjusted accordingly.
§ 7.3.2 A Construction Change Directiye shall be used in the absence of total agreement on the terms of a Change
Order. .
AlA Document A201'" -1997. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966, 1970, 1976, 1987 and 1997 by The American
Inslitute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of II, may resuilin severe civil and criminal penallies, and will be
proseculed 10 Ihe maKlmum eKlenl possible under Ihe law. This document was produced by AlA software at 10:50:58 on 08/18/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes;
24
(1221458460)
§ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be
based on one of the following methods:
.1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation;
unit prices stated in the Contract Documents or subsequently agreed upon;
cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or
percentage fee; or
as provided in Section 7.3.6.
.2
.3
.4
§ 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in
the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any,
provided in the Construction Change Directiye for determining the proposed adjustment in the Contract Sum or
Contract Time.
§ 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor
therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such
agreement shall be effective immediately and shall be recorded as a Change Order.
§ 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum,
the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and
savings ofthose performing the Work attributable to the change, including, in case of an increase in the Contract
Sum, a reasonable allowance for oyerhead and profit. In such case, and also under Section 7.3.3.3, the Contractor
shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with
appropriate supporting data. Unless otherwise proYided in the Contract Documents, 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;
costs of materials, supplies and equipment, including cost of transportation, whether incorporated or
consumed;
rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor
or others;
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.
.2
.3
.4
.5
§ 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a
net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and
credits covering related Work or substitutions are inyolved in a change, the allowance for overhead and profit shall
be figured on the basis of net increase, if any, with respect to that change.
§ 7.3.8 Pending final determination of the total cost of a Construction Change Directiye to the Owner, amounts not in
dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change
Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in
dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those
costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the
right of either party to disagree and assert a claim in accordance with Article 4.
§ 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the
adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such
agreement shall be effectiye immediately and shall be recorded by preparation and execution of an appropriate
Change Order.
§ 7.4 MINOR CHANGES IN THE WORK
§ 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the
Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents.
AIADoeumentA201T11-1997.Copyrlght @1911, 1915,1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Arçhitects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Doeument, or any portion of It, may result In severe civil and erlminal penalties, and will be
proseeuted to the maximum extent possible under the law. This document was produœd by AlA software at 10:50:58 on 0811612005 under Order
No.1 000151186_1 which expires on 12113/2005, and is not for resale.
User Notes:
25
(1221458460)
Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor
shall carry out such written orders promptly.
ARTICLE 8 TIME
§ 8.1 DEFINITIONS
§ 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in
the Contract Documents for Substantial Completion of the Work.
§ 8.1.2 The date of commencement of the Work is the date established in the Agreement.
§ 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8.
§ 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically
defined.
§ 8.2 PROGRESS AND COMPLETION
§ 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement
the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
§ 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely
commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be
furnished by the Contractor and Owner. 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 the Contract Documents or a
notice to proceed giyen by the Owner, the Contractor shall notify the Owner in writing not less than five days or
other agreed period before commencing the Work to permit the 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 Substantial Completion
within the Contract Time.
§ 8.3 DELAYS AND EXTENSIONS OF TIME
§8.3,1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of
the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by
changes ordered in the Work, or by labor disputes, fire, unusual delay in deliyeries, unavoidable casualties or other
causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or
by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by
Change Order for such reasonable time as the Architect may determine.
§ 8,3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.3.
§ 8,3.3 This Section 8.3 does not preclude recoyery 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, is the total 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 a schedule of yalues
allocated to yarious portions of the Work, prepared in such form and supported by such data to substantiate its
accuracy as the Architect may require. This schedule. unless objected to by the Architect, shall be used as a basis for
reviewing the Contractor's Applications for Payment.
§ 9.3 APPLICATIONS FOR PAYMENT
§ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
Architect an itemized Application for Payment for operations completed in accordance with the schedule of values.
AIADocumentA201""-1997.Copyrlght @1911.1915.1918,1925, 1937.1951, 1958.1961.1963, 1966.1970.1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA"" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA"" Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes:
26
(t221458460)
Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to
payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material
suppliers, and reflecting retainage if proYided for in the Contract Documents.
§ 9.3.1.1 As provided in Section 7.3.8, such applications may include requests for payment on account of changes in
the Work which haye been properly authorized by Construction Change Directives, or by interim determinations of
the Architect, but not yet included in Change Orders.
§ 9.3.1.2 Such applications may not include requests for payment for portions ofthe Work for which the Contractor
does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others
whom the Contractor intends to pay.
§ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approyed in advance
by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location
agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such
materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable
insurance, storage and transportation to the site for such materials and equipment stored off the site.
§ 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner
no later than the time of payment. The Contractor further warrants that upon submittal of an Application for
Payment all Work for which Certificates for Payment have been preYiously issued and payments received from the
Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims,
security interests or encumbrances in fayor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to the Work.
§ 9.4 CERTIFICATES FOR PAYMENT
§ 9.4.1 The Architect will, within seyen days after receipt of the Contractor's Application for Payment, either issue
to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines
is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding
certification in whole or in part as provided in Section 9.5.1.
§ 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,
based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work
has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an
eyaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of
subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion
and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further
constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance
of a Certificate for Payment will not be a representation that the Architect has (I) made exhaustive or continuous on-
site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques,
sequences or procedures, (3) reyiewed copies of requisitions receiyed from Subcontractors and material suppliers
and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to
ascertain how or for what purpose the Contractor has used money preYiously paid on account of the Contract Sum.
§ 9.5 DECISIONS TO WITHHOLD CERTIFICATION
§ 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary
to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot
be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the
Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a reyised
amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to
make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of
subsequently discoyered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to
such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor
is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of:
AlA Document A201'" -1997. Copyright @1911, 1915. 1918. 1925, 1937, 1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA"' Document, or any portion of It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and Is not for resale.
User Notes:
27
(1221458460)
.1
.2
defective Work not remedied;
third party claims filed or reasonable evidence indicating probable filing of such claims unless
security acceptable to the Owner is provided by the Contractor;
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 balance of the Contract Sum;
damage to the Owner or another contractor;
reasonable evidence that the Work will not be completed within the Contract Time, and that the
unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
or
persistent failure to carry out the Work in accordance with the Contract Documents.
.3
.4
.5
.6
.7
§ 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts
previously withheld.
§ 9.6 PROGRESS PA YMENT$
§ 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and
within the time proYided in the Contract Documents, and shall so notify the Architect.
§ 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the
amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said
Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of
such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor.
require each Subcontractor to make payments to Sub-subcontractors in a similar manner.
§ 9.6.3 The Architect 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 Architect and Owner on
account of portions of the Work done by such Subcontractor.
§ 9.6.4 Neither the Owner nor Architect shall haye 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 proYided 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 of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
§ 9.6.7 Unless the Contractor proYides the Owner with a payment bond in the full penal sum of the Contract Sum,
payments receiyed by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by
the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under
contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
money to be placed in a separate account and not commingled with money of the Contractor, shall create any
fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity
to an award of punitiye damages against the Contractor for breach of the requirements of this provision.
§ 9.7 FAILURE OF PAYMENT
§ 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault ofthe Contractor, within seven days
after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven
days after the date established in the Contract Documents the amount certified by the Architect or awarded by
arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the
Work until payment of the amount owing has been receiyed. The Contract Time shall be extended appropriately and
the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and
start-up, plus interest as provided for in the Contract Documents.
AlA Document A201T1' -1997. Copyright @ 1911.1915,1918,1925,1937,1951,1958,1961,1963, 1966, 1970, 1976. 1987 and 1997 by The American
Institute of Architects. All rlghta rell8rved. WARNING: Thla AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and Is not for resale.
User Notea:
28
(1221458460)
§ 9.8 SUBSTANTIAL COMPLETION
§ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the
Work for its intended use.
§ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
§ 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or
designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not
included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so
that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor
shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification
by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to
determine Substantial Completion.
§ 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a
Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish
responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the
Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion
of the Work or designated portion thereof unless otherwise proYided in the Certificate of Substantial Completion.
§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if
any, the Owner shall make payment of retain age applying to such Work or designated portion thereof. Such payment
shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
§ 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, proYided such occupancy or use is consented
to by the insurer as required under Section 11.4.1.5 and authorized by public authorities haYing jurisdiction over the
Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, proYided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in
writing concerning the period for correction of the Work and commencement of warranties required by the Contract
Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and
submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use
shall not be unreasonably withheld. The stage ofthe progress of the Work shall be determined by written agreement
between the Owner and Contractor or, if no agreement is reached, by decision of the Architect.
§ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect
the area to be occupied or portion of the Work to be used in order to determine and record the condition of the
Work.
§ 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not
constitute acceptance of Work not complying with the requirements of the Contract Documents.
§ 9.10 FINAL COMPLETION AND FINAL PAYMENT
§ 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of
a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the
Work acceptable under the Contract Documents and the Contract fully performed. the Architect will promptly issue
a final Certificate for Payment stating that to the best of the Architect's knowledge. information and belief, and on
the basis of the Architect's on-site yisits 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
AlA Document A201T11-1997. Copyright @ 1911.1915,1918,1925,1937,1951,1958,1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA"' Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/18/2005 under Order
No.1 000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes:
29
(1221458460)
the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further
representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment
haye been fulfilled.
§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits
to the Architect (1) an affidayit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts
withheld by Owner) have been paid or otherwise satisfied, (2) a certificate eYidencing that insurance required by the
Contract Documents to remain in force after final payment is cuITently 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 not be renewable to cover the period required by
the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data
establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security
interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the
Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a
bond satisfactory to the Owner to indenmify the Owner against such lien. If such lien remains unsatisfied after
payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in
discharging such lien, including all costs and reasonable attorneys' fees.
§ 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault
of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the
Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the
Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the
remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract
Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to
certification of such payment. Such payment shall be made under terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
§ 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
§ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a
waiver of claims by that payee except those preYiously made in writing and identified by that payee as unsettled at
the time of final Application for Payment.
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.
§ 10.2 SAFETY OF PERSONS AND PROPERTY
§ 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site, under care, custody or control of the Contractor orthe Contractor's Subcontractors or Sub-
subcontractors; and
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.
.3
§ 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful
orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.
AlADocumentA201""-1997.Copyrlght @1911, 1915, 1918, 1925, 1937,1951, 1958, 1961,1963,1966,1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 06116/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and Is not for resale.
U$Sr Notes:
30
(1221458460)
§ 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
§ 10.2.4 When use or storage of explosiyes or other hazardous materials or equipment or unusual methods are
necessary for execution of the Work. the Contractor shall exercise utmost care and carryon such activities under
supervision of properly qualified personnel.
§ 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property
insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in
whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed
by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under
Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or
anyone directly or indirectly employed by either of them, or by anyone for whose acts either 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.
§ 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty
shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise
designated by the Contractor in writing to the Owner and Architect.
§ 10.2.7 The Contractor shall not load or permit any part ofthe construction or site to be loaded so as to endanger its
safety.
§ 10.3 HAZARDOUS MATERIALS
§ 10.3.1 If reasonable precautions will be inadequate to preyent foreseeable bodily injury or death to persons
resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB),
encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop
Work in the affected area and report the condition to the Owner and Architect in writing.
§ 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material
or substance reported by the Contractor and, in the eyent such material or substance is found to be present, to yerify
that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests
verifying the presence or absence of such material or substance or who are to perform the task of removal or safe
containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in
writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If
either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall
propose another to whom the Contractor and the Architect have no reasonable objection. When the material or
substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner
and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the
amount of the Contractor's reasonable additional costs of shut-down, delay and start-up, which adjustments shall be
accomplished as provided in Article 7.
§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor,
Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against
claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from
performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or
expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itselt) and provided that such damage, loss or expense is not due to the sole negligence of a
party seeking indemnity.
§ 10.4 The Owner shall not be responsible under Section 10.3 for materials and substances brought to the site by the
Contractor unless such materials or substances were required by the Contract Documents.
AlA Document A201T11 -1997. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of It, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not for resale.
User Noles:
31
(1221458460)
§ 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of
a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the
Owner shall indemnify the Contractor for all cost and expense thereby incurred.
§ 10.6 EMERGENCIES
§ 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's
discretion, to preyent threatened damage, injury or loss. Additional compensation or extension of time claimed by
the Contractor on account of an emergency shall be determined as proYided in Section 4.3 and Article 7.
ARTICLE 11 INSURANCE AND BONDS
§ 11.1 CONTRACTOR'S LIABILITY INSURANCE
§ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do
business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims
set forth below which may arise out of or result from the Contractor's operations under the Contract and for which
the Contractor may be legallyliable, whether such operations be by the Contractor or by a Subcontractor or by
anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
.1 claims under workers' compensation, disability benefit and other similar employee benefit acts which
are applicable to the Work to be performed;
claims for damages because of bodily injury, occupational sickness or disease, or death of the
Contractor's employees;
claims for damages because of bodily injury, sickness or disease, or death of any person other than
the Contractor's employees;
claims for damages insured by usual personal injury liability coyerage;
claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
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;
claims for bodily injury or property damage arising out of completed operations; and
claims involving contractual liability insurance applicable to the Contractor's obligations under
Section 3.18.
.2
.3
.4
.5
.6
.7
.8
§11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits ofliability specified in the
Contract Documents or required by law, whichever coyerage is greater. Coverages, whether written on an
occurrence or claims-made basis, shall be maintained without interruption from date of commencement of the Work
until date of final payment and termination of any coyerage required to be maintained after final payment.
§ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of
the Work. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that
coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written
notice has been given to the Owner. If any of the foregoing insurance coyerages are required to remain in force after
final payment and are reasonably ayailable, an additional certificate evidencing continuation of such coverage shall
be submitted with the final Application for Payment as required by Section 9.10.2. Information concerning reduction
of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by
the Contractor with reasonable promptness in accordance with the Contractor's information and belief.
§ 11.2 OWNER'S LIABILITY INSURANCE
§ 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance.
§ 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE
§ 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective
Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and
Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the
Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of
purchasing and maintaining such optional insurance coyerage, and the Contractor shall not be responsible for
purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with
such coyerage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under
Sections 11.1.1.2 through 11.1.1.5.
AlA Document A201'" -1997. Copyright @1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AIA~ Document. or any portion of It, may result in severe civil and criminal pen allies, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 whiCh expires on 12/13/2005, and Is not for resale.
User Notes:
32
(1221458460)
§ 11.3.2 To the extent damages are coyered by Project Management Protectiye Liability insurance, the Owner,
Contractor and Architect waive all rights against each other for damages, except such rights as they may haye to the
proceeds of such insurance. The policy shall proYide for such waivers of subrogation by endorsement or otherwise.
§ 11.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as
additional insureds on the Contractor's Liability Insurance coverage under Section 11.1.
§ 11.4 PROPERTY INSURANCE
§ 11.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's
risk "all-risk" or equiyalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract
modifications and cost of materials supplied or installed by others, comprising total yalue for the entire Project at the
site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless
otherwise proyided in the Contract Documents or otherwise agreed in writing by all persons and entities who are
beneficiaries of such insurance, until final 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 11.4 to be covered,
whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-
subcontractors in the Project.
§ 11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation,
insurance against the perils of fire (with extended coyerage) and physical loss or damage including, without
duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, false work,
testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any
applicable legal requirements, and shall coyer reasonable compensation for Architect's and Contractor's services
and expenses required as a result of such insured loss.
§ 11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of
the coyerages 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 interests of the
Contractor, Subcontractors and Sub~subcontractors in the Work, and by appropriate Change Order the cost thereof
shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or
maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all
reasonable costs properly attributable thereto.
§ 11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not coyered because of such
deductibles.
§ 11.4.1.4 This property insurance shall coyer portions of the Work stored off the site, and also portions of the Work
in transit.
§ 11.4.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company
or companies proYiding property insurance haye consented to such partial occupancy or use by endorsement or
otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
would cause cancellation, lapse or reduction of insurance.
§ 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance
required by the Contract Documents or by law, which shall specifically coyer such insured objects during
installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor,
Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds.
§ 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as
will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The
Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including
consequential losses due to fire or other hazards however caused.
AlA Document A201T11 -1997. Copyright @ 1911,1915,1918,1925,1937.1951,1958,1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA'"' Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA'"' Document, or any portion 01 It, may resuilin severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is nollor resale.
User Notes:
33
(1221458460)
§ 11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other
special causes of loss 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.
§ 11.4.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent
to the site by property insurance under policies separate from those insuring the Project, or if after fmal payment
property insurance is to be provided on the completed Project through a policy or policies other than those insuring
the Project during the construction period, the Owner shall waive all rights in accordance with the tenus of Section
11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate
policies shall provide this waiver of subrogation by endorsement or otherwise.
§ 11.4.6 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 11.4. Each policy shall contain all generally applicable
conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a proYision
that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days'
prior written notice has been given to the Contractor.
§ 11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their
subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's
consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub-subcontractors,
agents and employees, for damages caused by fITe or other causes of loss to the extent covered by property insurance
obtained pursuant to this Section 11.4 or other property insurance applicable to the Work, except such rights as they
haye to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall
require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the
subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written wherc
legally required for yalidity, similar waivers each in favor of other parties enumerated herein. The policies shall
proYide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a
person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or
otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an
insurable interest in the property damaged.
§ 11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made
payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any
applicable mortgagee clause and of Section 11.4.10. The Contractor shall pay Subcontractors their just shares of
insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for
yalidity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.
§ 11.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss,
give bond for proper perfonnance of the Owner's duties. The cost of required bonds shall be charged against
proceeds receiyed 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 4.6. If after such loss no other
special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged
property shall be perfonned by the Contractor after notification of a Change in the Work in accordance with Article
7.
§ 11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in
interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such
objection is made, the dispute shall be resolyed as provided in Sections 4.5 and 4.6. The Owner as fiduciary shall, in
the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators. If distribution
of insurance proceeds by arbitration is required, the arbitrators will direct such distribution.
§ 11.5 PERFORMANCE BOND AND PAYMENT BOND
§ 11.5.1 The Owner shall haye 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.
AlA Document A2O1'" -1997. Copyright @1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AIA~ Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA"' Document, or any portion 01 It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1 000151186_1 which expires on 12/13/2005, and is not for resale.
User Notes;
34
(1221458460)
§ 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds coyering 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 coyered contrary to the Architect's request orto requirements specifically
expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the
Architect's examination and be replaced at the Contractor's expense without change in the Contract Time.
§ 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine
prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If
such Work is in accordance with the Contract Documents, costs of uncoyering and replacement shan, by appropriate
Change Order. be at the Owner's expense. If such Work is not in accordance with the Contract Documents,
correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate
contractor in which eyent the Owner shall be responsible for payment of such costs.
§ 12.2 CORRECTION OF WORK
§ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
§ 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the
requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or
not fabricated. installed or completed. Costs of correcting such rejected Work, including additional testing and
inspections and compensation for the Architect's seryices and expenses made necessary thereby, shall be at the
Contractor's expense.
§ 12.2.2 AFTER SUBSTANTIAL COMPLETION
§ 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year 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 preYiously
given the Contractor a written acceptance of such condition. The Owner shall giye such notice promptly after
discoyery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the
Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require
correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct
nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or
Architect, the Owner may correct it in accordance with Section 2.4.
§ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work rust
performed after Substantial Completion by the period of time between Substantial Completion and the actual
performance of the Work.
§ 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Section 12.2.
§ 12.2.3 The Contractor shall remoye from the site portions of the Work which are not in accordance with the
requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by tbe Owner.
§ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
partially completed, of the Owner or separate contractors caused by the Contractor's correction or remoyal of Work
which is not in accordance with the requirements of the Contract Documents.
§ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to
other obligations which the Contractor might haye under the Contract Documents. Establishment of the one-year
period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor
to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract
AlA Document A201T11-1997. Copyright @ 1911.1915.1916,1925,1937,1951,1956,1961,1963, 1966, 1970, 1976,1987 and 1997 by The American
Institute 01 Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorl~ed reproduction or distribution 01 this AlA" Document, or any portion 01 It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:56 on 06/1612005 under Order
No.1 000151166_1 which expires on 12/13/2005, and is not 101' resale.
User Notes:
35
(1221458460)
Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish
the Contractor's liability with respect to the Contractor's obligations other than specifically to COITect the Work.
§ 12.3 ACCEPTANCE OF NONCONFORMING WORK
§ 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract
Documents, the Owner may do so instead of requiring its remoyal and coITection, in which case the Contract Sum
will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has
been made.
ARTICLE 13 MISCELLANEOUS PROVISIONS
§ 13.1 GOVERNING LAW
§ 13.1.1 The Contract shall be governed by the law of the place where the Project is located.
§ 13.2 SUCCESSORS AND ASSIGNS
§ 13.2.1 The Owner and Contractor respectively bind themselyes, their partners. successors, assigns and legal
representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other
party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided
in Section 13 .2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the
other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain
legally responsible for all obligations under the Contract.
§ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing
construction financing for the Project. In such eyent, the lender shall assume the Owner's rights and obligations
under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such
assignment.
§ 13.3 WRmEN NOTICE
§ 13.3.1 Written notice shall be deemed to haye been duly served if delivered in person to the individual or a member
of the fmn 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 remedies available thereunder
shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available
by law.
§ 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
breach thereunder, except as may be specifically agreed in writing.
§ 13.5 TESTS AND INSPECTIONS
§ 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws,
ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time.
Unless otherwise provided, the Contractor shall make aITangements for such tests, inspections and approvals with an
independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall giye the Architect timely notice of
when and where tests and inspections are to be made so that the Architect may be present for such procedures. The
Owner shall bear costs of tests, inspections or approyals which do not become requirements until after bids are
received or negotiations concluded.
§ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection
or approval by an entity acceptable to the Owner, and the Contractor shall giye timely notice to the Architect of
when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such
costs, except as provided in Section 13.5.3, shall be at the Owner's expense.
AIADocumentA201T11-1997.Copyrlght @1911, 1915.1918, 1925, 1937, 1951, 1958, 1961, 1963, 1968, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Docum"nt, or any portion of It. may r"sult in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and Is not for resale.
User Notes;
36
(1221458460)
§ 13.5.3 If such procedures for testing, inspection or approyal under Sections 13.5.1 and 13.5.2 reyeal failure of the
portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary
by such failure including those of repeated procedures and compensation for the Architect's seryices and expenses
shall be at the Contractor's expense.
§ 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract
Documents, be secured by the Contractor and promptly delivered to the Architect.
§ 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the
Architect will do so promptly and, where practicable, at the normal place of testing.
§ 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid
unreasonable delay in the Work.
§ 13.6 INTEREST
§ 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at
such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to
time at the place where the Project is located.
§ 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD
§ 13.7.1 As between the Owner and Contractor:
.1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of
Substantial Completion, any applicable statute of limitations shall commence to run and any alleged
cause of action shall be deemed to haye accrued in any and all eyents not later than such date of
Substantial Completion;
Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act
occurring subsequent to the relevant date of Substantial Completion and prior to issuance 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 haye accrued in any and all eyents not later than the date of
issuance of the final Certificate for Payment; and
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
run and any alleged cause of action shall be deemed to haye accrued in any and all eyents not later
than the date of any act or failure to act by the Contractor pursuant to any Warranty proYided 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 perfonll 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 Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days
through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any
other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for
any of the following reasons:
.1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to
be stopped;
an act of government, such as a declaration of national emergency which requires all Work to be
stopped;
because the Architect has not issued a Certificate for Payment and has not notified the Contractor of
the reason for withholding certification as proYided in Section 9.4.1, or because the Owner has not
made payment on a Certificate for Payment within the time stated in the Contract Documents; or
the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable
eyidence as required by Section 2.2.1.
.2
.3
.2
.3
.4
§ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor,
Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work
under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work
AlA Document A201T1I-1997. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966, 1970. 1976. 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Lsw and International Treaties.
Unauthorized reproduction or distribution of this AlA"' Document, or any portion of It, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at1 0:50:58 on 08/16/2005 under Order
No.10Q0151186_1 which expires on 12/13/2005, and is not for resale.
User Notes:
37
(1221458460)
by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of
days scheduled for completion, or 120 days in any 365-day period, whicheyer is less.
§ 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days'
written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work
executed and for proven loss with respect to materials, equipment. tools. and construction equipment and machinery,
including reasonable oyerhead, profit and damages.
§ 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a
Subcontractor or their agents or employees or any other persons performing portions of the Work under contract
with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract
Documents with respect to matters important to the progress of the Work, the Contractor may, upon seyen additional
days' written notice to the Owner and the Architect, terminate the Contract and recoyer from the Owner as proYided
in Section 14.1.3.
§ 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 workers or proper
materials;
fails to make payment to Subcontractors for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors;
persistently disregards laws. ordinances, or rules, regulations or orders of a public authority having
jurisdiction; or
otherwise is guilty of substantial breach of a provision of the Contract Documents.
.2
.3
.4
§ 14.2.2 When any of the aboye reasons exist, the Owner, upon certification by the Architect that sufficient cause
exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the
Contractor and the Contractor's surety, if any. seven days' written notice, terminate employment of the Contractor
and may. subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction equipment and
machinery thereon owned by the Contractor;
accept assignment of subcontracts pursuant to Section 5.4; and
finish the Work by whateyer reasonable method the Owner may deem expedient. Upon request ofthe
Contractor. the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by
the Owner in finishing the Work.
.2
.3
§ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.
§ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
the Architect's seryices and expenses made necessary thereby, and other damages incuITed by the Owner and not
expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance,
the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive
tennination of the Contract.
§ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
§ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or inteITupt the Work in
whole or in part for such period of time as the Owner may detennine.
§ 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by
suspension. delay or inteITuption as described in Section 14.3.1. Adjustment of the Contract Sum shall include
profit. No adjustment shall be made to the extent:
.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause
for which the Contractor is responsible; or
that an equitable adjustment is made or denied under another provision of the Contract.
.2
AlA Document A201'" -1997. Copyright @ 1911,1915,1918,1925,1937,1951,1958,1961,1963, 1966, 1970, 1976,1987 and 1997 by The American
Institute 01 Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion 01 It, may result In severe civil and criminal penslties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08116/2005 under Order
No.1000151186_1 which expires on 12/13/2005, and is not lor resale.
User Notes;
38
(1221458460)
§ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
§ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's conyenience and without cause.
§ 14.4.2 Upon receipt of written notice from the Owner of such tennination for the Owner's convenience, the
Contractor shall:
.1 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;
and
except for Work directed to be performed prior to the effective date of termination stated in the
notice, tenninate all existing subcontracts and purchase orders and enter into no further subcontracts
and purchase orders.
.3
§ 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment
for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on
the Work not executed.
AlA Document A201n.1-1997. Copyright @ 1911,1915,1918.1925,1937,1951,1958,1961,1963, 1966, 1970, 1976, 1987 and 1997 by The American
Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result In severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:50:58 on 08/16/2005 under Order
No.1 000'5"86_' which expires on 12/13/2005, and is not for resale.
User Notes:
39
(1221458460)
EXHIBIT 'B'
SUPPLEMENTARY CONDITIONS
The following supplements modify the "General Conditions of the Contract for Construction", AIA
Document A201, 1997. Where a portion of the General Conditions is modified or deleted by these
Supplementary Conditions, the unaltered portions of the General Conditions shall remain in effect.
ARTICLE 2 ~ OWNER
2.1
General
Add to subparagraph 2.1.1 the following:
2.1.1.1
2.2
Doug Strong, Director and Elroy Huff, Park Superintendent, representing the Meridian
Parks and Recreation Department shall be the representatives of the City of Meridian and
here and after shall be designated as the Owner. Wherever in these Specifications and
Contract the term "Owner" shall mean the City of Meridian as represented by the Meridian
Parks and Recreation Department or a designated representative.
Information and Services Required of the Owner.
Delete subparagraph 2.2.1
Delete subparagraph 2.2.2 and substitute the following
2.2.2
Except for permits and fees, including those required under subparagraph 3.7.1, which are
the responsibility of the contractor under the Contract Documents, the Owner will secure
and pay for the plan check fee and building permit required by the City of Meridian,
conditional use permits, and any other permits and fees specifically indicated in the
Contract Documents to be secured and paid for by the Owner.
Delete subparagraph 2.2.5 and substitute the following:
2.2.5
2.3
The Contractor will be furnish free of charge 25 copies of Drawings and Project Manuals.
Additional sets will be furnished at the cost of reproduction, postage and handling.
Owners Rights to Carry Out the Work
In paragraph 2.4.1, delete the next to last sentence.
ARTICLE 3 CONTRACTOR
3.5
Warranty
In paragraph 3.5.1, add the following:
This warranty is not limited by the contractor's obligation to repair defects appearing within one year
of substantial completion.
0427/SUPPLEMENTARY CONDITIONS
SC-l
EXHffiIT 'B'
3.6
Taxes
Add to 3.6 the following:
3.6.2 The Contractor, in consideration of securing the business of erecting or constructing public
works in this State, recognizing that the business in which the Contractor is engaged is of a
transitory character, and that in the pursuit thereof, the Contractor's property used therein
may be without the state when taxes, excises, or license fees to which is liable become
payable, agrees:
1. To pay promptly when due all taxes, (other than on real property), excises and license
fees due to the state, its sub-diyisions, and municipal and quasi-municipal corporations
therein, accrued or accruing during the term of this Contract, whether or not the same
shall be payable at the end of such term;
2. That if the said taxes, excises, and license fees are not payable at the end of said term, but
liability for the payment thereof exists even though the same constitute liens upon the
Contractor's property, to secure the same to the satisfaction of the respective officers
charged with the collection thereof; and
3. That, in the event of his default in the payment or securing of such taxes, excises, and
license fees, to consent that the department, officer, board, or taxing unit entering into this
Contract may withhold from any payment due the Contractor hereunder, the estimated
amount of such accrued and accruing taxes, excises, and license fees for the benefit of all
taxing units to which said Contractor is liable.
3.6.3
Before entering into a contract, the Contractor shall be authorized to do business
in the state and shall submit a properly executed Contractor's Affidavit
Concerning Taxes.
3.6.4
Within ten days of receipt of forms from Owner, Contractor shall complete and
return to Owner forms as required by tax collector, showing dates, names,
addressses, contracting parties, including all subcontractors, and all other relevant
information which may be required.
3.7
Permits, Fees and Notices
In subparagraph 3.7.1 delete "the building permit and other" and substitute "all". Refer to
Supplementary Condition 2.2.2 for permits and fees provided by the Owner.
Add to 3.7.1 the following:
3.7.1.1 The Contractor shall pay for plumbing and electrical permits required by the City of
Meridian. The Contractor shall obtain and pay for all licenses and permits and shall pay all
fees and charges for connections to outside services and for the use of municipal or private
property for storage of material, parking, utility services, temporary obstructions, enclosures,
opening and patching of streets, etc., off of the property of the City arising from the
construction and completion of the Work. The Contractor is not responsible for and will not
0427/SUPPLEMENTARY CONDITIONS
SC-2
EXHIBIT 'ß'
be required to pay impact fees, sewer capacity fees and similar forms of taxes imposed by
local taxing bodies.
ARTICLE 4 ADMINISTRATION OF THE CONTRACT
4.1
Architect
Delete subparagraph 4.1.2 and substitute the following:
Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract
Documents shall not be restricted, modified or extended without the written consent of the Owner
and Architect after notice to Contractor.
In subparagraph 4.1.3 the following words shall be deleted:
"...against whom the Contractor has no reasonable objection and..."
4.2
Architect's Administration of the Contract
In subparagraph 4.2.12 delete the following portion of the last sentence:
"m, will not show partiality to either and will not be liable for results of interpretations or decisions
as rendered in good faith."
4.3
Claims and Disputes
Delete subparagraph 4.3.2 and substitute the following:
4.3.2 Time Limits on Claims. A Claim by either party must be made by written notice to
the Architect within ten (10) days from the date of the occurrence of the event or discovery of
the condition giving rise to the Claim or within ten (10) days from the date that the Claimant
knew or should have known of the event or condition. Unless the Claim is made within the
aforementioned time requirements, it shall be deemed to be waived. The written notice of
Claim shall include a factual statement of the basis for the Claim, pertinent dates, contract
provisions offered in support of the Claim, additional materials offered in support of the
Claim and the nature of the resolution sought by the Claimant. The Architect will not
consider, and the Owner shall not be responsible or liable for, any Claims from
subcontractors, suppliers, manufacturers, or other persons or entities not a party to this
Contract. Once a Claim is made, the Claimant shall cooperate with the Architect and the
party against whom the Claim is made in order to mitigate the alleged or potential damages,
delay or other adverse consequences arising out of the condition.
Delete subparagraph 4.3.4 and substitute the following:
4.3.4 Concealed or Unknown Conditions. If conditions are encountered at the site which are
subsurface or are otherwise concealed or unknown physical conditions which differ materially from
those indicated in the Contract Documents or which were not reasonably susceptible of being
disclosed by the Contractor's examination of the site in accordance with Subparagraph 4.3.4.1 of
these Supplementary Conditions, then notice by the observing party shall promptly be given to the
Architect and the other party before the conditions are disturbed and in no event later than ten (10)
0427/SUPPLEMENTARY CONDITIONS
SC-3
EXHIBIT 'B'
days after first observance of the conditions. The Architect will promptly investigate such
conditions and, if they differ materially from the Contract Documents or if they were not reasonably
susceptible of being disclosed by the Contractor's examination of the site, will recommend an
equitable adjustment in the Contract Sum or Contract Time, or both, if the conditions cause an
increase or decrease in the Contractor's cost of, or time required for, performance of any part of the
contract. If the Architect determines that the conditions at the site do not warrant an adjustment in
the Contract terms, the Architect shall so notify the Owner and Contractor in writing, stating the
reasons. If the Owner and the Contractor cannot agree on an equitable adjustment to the Contract
terms or otherwise disagree with the determination of the Architect, the matter shall be subject to
further proceedings in accordance with Paragraph 4.4.
Add to 4.3.4 the following:
4.3.4.1 The Contractor agrees and acknowledges that he has had sufficient time and opportunity
to examine the Contract Documents and the site of the work in order to undertake any necessary
actions to determine the character of the subsurface materials and site conditions to be encountered.
No adjustment in the Contract Time or Contract sum shall be permitted in connection with a
subsurface, concealed or unknown site condition which does not differ in any material respect from
those conditions disclosed or which reasonably should have been disclosed or identified by the
Contractor's examination of the Contract documents and the site of the work.
Add to 4.3.5 the following:
4.3.5.1 The Contractor shall not be entitled to an adjustment in Contract Time or in Contract
Sum for any delay or failure of performance to the extent such delay or failure was caused by the
Contractor or anyone for whose acts the contractor is responsible. The Contractor shall be entitled
to an equitable adjustment in Contract Time, and may be entitled to an equitable adjustment in
Contract Sum, if the cost or time of Contractor's performance is delayed or changed due to the fault
of the Owner. To the extent any delay or failure of performance was concurrently caused by the
Owner and Contractor, the Contractor shall be entitled to an adjustment in the Contract Sum. In the
event that the Contractor is entitled to an adjustment in Contract Sum, the Owner will pay only for
the following verifiable costs directly associated with the time extension or delay: 1) the actual
labor costs, fringe benefits, employment taxes and insurance related to the Project Superintendent;
2) the cost associated with the fair rental value of the Project Superintendent; 2) the cost associated
with the fair rental value of the Project Superintendent's vehicle directly related to the time
extension; 3) the direct costs attributable to the extension for the field office facility, including
telephone lines, utilities, power, lights, water, and sewer (toilets). Mark-up on these costs will not
be allowed. The Contractor shall make all reasonable efforts to prevent and mitigate the effects of
any delay regardless of cause.
Add to 4.3.7 the following:
4.3.7.3 All Claims for costs related to Claims for additional time shall be pursuant to Paragraph
4.3. The Contractor shall not be entitled to make a Claim for adjustment in the Contract Sum based
upon the matter of adverse weather conditions or force majeure. .
4.4
Resolution of Claims and Disputes
In subparagraph 4.4.5, delete "and arbitration".
0427 /SUPPLEMENT ARY CONDITIONS
SC-4
EXHmIT 'B'
Delete subparagraph 4.4.6.
Delete subparagraph 4.4.8.
4.5
Mediation
In subparagraph 4.5.1 change "initial" to "final" and delete "or 30 days after submission ofthe Claim
to the Architect".
In subparagraph 4.5.2 delete the last sentence.
4.6
Arbitration
Delete entirely all subparagraphs in 4.6 and substitute the following:
4.6.1 The Contractor and the Owner shall not be obligated to resolve any Claim or dispute related
to this Contract by arbitration. Upon agreement of the parties and following the exhaustion
of mediation, any Claim related to this Contract may be submitted to arbitration, either
binding or non-binding, upon mutually agreeable terms and conditions. In the absence of
such agreement, any reference or requirement in this Contract to arbitration is deemed void
and has no force or effect.
ARTICLE 5 SUBCONTRACTORS
5.3
Subcontractor Relations
In subparagraph 5.3.1, in the first sentence, insert the word "written" between the word "appropriate"
and "agreement" in the first phase.
In subparagraph 5.3.1, in the first sentence, delete the second phrase which reads "... written where
legally required for validity,..."
ARTICLE 7 CHANGES IN WORK
7.2
Change Orders
Add to 7.2 the following:
7 .2.2.1 The amount allowed for overhead and profit on any change order is limited to the amounts
indicated in subparagraph 7.3.10 of these Supplementary Conditions.
7 .2.3 Any Change Order prepared, including but not limited to those arising by reason of the
parties' mutual agreement or by mediation, shall constitute a final and full settlement of all
matters relating to or affected by the change in the work, including, but not limited to, all
direct, indirect and consequential costs associated with such change and any and all
adjustments to the Contract Sum and Contract Time. In the event a Change Order increases
the contract Sum, the contractor shall include the work coyered by such Change Order in the
Application for Payment as if such work were originally part of the Project and Contract
Documents.
0427 /SUPPLEMENT ARY CONDITIONS
SC-5
EXHffiIT 'B'
7.2.4 By the execution of a Change Order, the Contractor agrees and acknowledges that he has had
sufficient time and opportunity to examine the change in work which is the subject of the
Change Order and that he has undertaken all reasonable efforts to discover and disclose any
concealed or unknown conditions which may to any extent affect the Contractor's ability to
perform in accordance with the Change Order. Aside from those matters specifically set forth
in the Change Order, the Owner shall not be obligated to make any adjustments to either the
Contract Sum or Contract Time by reason of any conditions affecting the change in work
addressed by the Change Order which could have reasonably been discovered or disclosed by
the Contractor's examination.
7.3
Construction Change Directives
Add to subparagraph 7.3.4 the following:
In the second line after the word "Architect" insert the following words: "in writing within
forty-eight hours..." The balance of the subparagraph remains unchanged.
In subparagraph 7.3.5, in the last sentence, delete "recorded as a" and substitute "incorporated
into a future".
In subparagraph 7.3.6, in the first sentence, delete the words "a reasonable allowance for
overhead and profit" and substitute the words "an allowance for overhead and profit in
accordance with subparagraph 7.3.10 of these Supplementary Conditions." In the second
sentence after the words "In such case," add the words "of an increase in Contract Sum"
In subparagraph 7.3.8, delete the last two sentences.
Add to 7.3 the following:
7.3.10 For purposes of subparagraphs 7.2.2.1 and 7.3.6 ofthese Supplementary Conditions,
the allowance for combined overhead and profit shall be limited as follows, unless
otherwise provided in the Contract Documents:
.1 for total changed of $10,000 or less in direct cost, the amount allowed for overhead,
profit, bonds and insurance for the Contractor and all subcontractors of any tier, combined
shall not exceed twenty percent (20%) of direct costs.
.2 for total changes exceeding $10,000 in direct cost, the amount allowed for overhead,
profit, bonds and insurance for the Contractor and all subcontractors of any tier, combined
shall not exceed fifteen percent (15%) of direct costs.
.3 the Contractor will determine the apportionment between the Contractor and its
subcontractors of allowable amounts of overhead, profit, bonds and insurance.
ARTICLE 8 TIME
8.1 Definitions
In subparagraph 8.1.1, add the following:
0427 /SUPPLEMENT ARY CONDITIONS
SC-6
EXHIBIT 'B'
8.1.1.1 The contractor shall substantially complete the work as defined by paragraph 9.8.1
within 150 consecutive calendar days after the date indicated to proceed in the Notice to
Proceed as defined by Paragraph 8.1.2.
In subparagraph 8.1.2, delete the word "Agreement" and substitute the words "Notice to
Proceed".
8.3 Delays and Extensions of Time
In subparagraph 8.3.1, delete the words "and arbitration".
Delete subparagraph 8.3.3 and substitute the following:
8.3.3 Notwithstanding any term, condition or provision to the contrary in this Contract, the
remedies available to the Contractor for adjustment of Contract Time and Contract Sum by
reason of delay shall be those set forth in subparagraph 4.3.5.1 of these Supplementary
Conditions.
8.3.4 If the Contractor submits a progress report or schedule indicating, or otherwise
expressing an intention to achieve completion of the Work prior to any completion date
required by the Contract Documents or expiration of the Contract Time, no liability of the
Contractor to the Owner for any failure of the Contractor to so complete the work shall be
created or implied.
ARTICLE 9 PAYMENTS AND COMPLETION
9.3 Application for Payment
In subparagraph 9.3.1, in the first sentence, delete the words "At least ten (10) days" and
substitute the following:
"On or before the date of the monthly progress meeting, but not less than thirty (30) days."
Delete subparagraph 9.3.1.1.
Add to 9.3.2 the following:
Off site storage will not be approved at locations more than 30 miles from the project site or
outside the State. Any materials stored off site and paid for by the Owner shall be physically
marked as being the property of the City of Meridian.
9.6
Progress Payments
Add to 9.6.1 the following:
9.6.1.1 Until conditions set forth in paragraph 9.10 are met, the Owner shall pay ninety-five
percent (95%) of the amount due the Contractor on account of progress payments. If the
Architect determines that the Contractor has made or is making satisfactory progress on any
uncompleted portions of the work, the Owner may, at its discretion, release a portion of the
retainage to the Contractor prior to the actual final completion of the conditions set forth in
Paragraph 9.10.
0427 /SUPPLEMENT ARY CONDITIONS
SC-7
EXHffiIT 'B'
9.6.1.2 Progress Payments shall fall due on or about the thirtieth day of each month 30 days
after the Architects Certificate for Payment is received by the Owner.
Add to 9.6.2 the following:
9.6.2.1 The Contractor shall not withhold from a subcontractor or supplier more than the
percentage withheld from a payment certificate for the subcontractor or suppliers portion of
the work.
Delete subparagraph 9.6.7
9.7 Failure of Payment
Delete paragraph 9.7 and subparagraph 9.7.1.
9.8 Substantial Completion
In subparagraph 9.8.5 delete the last two sentences.
9.10 Final Completion and Final Payment
In subparagraph 9.10.1, in the seventh line and after the words Contract Documents, delete the
balance of the sentence.
Add the following:
9.10.1.1
The final retainage shall become due and payable to the Contractor in not more than
thirty (30) days after issuance of the final Certificate for Payment by the Architect
provided that the conditions of subparagraph 9.10.2 are fully satisfied.
Add to Article 9 the following:
9.11 Liquidated Damages
9.11.1
The Owner will suffer financial loss in an amount that is difficult to quantify if the
Project is not substantially complete on the date set forth in the Contract Documents.
The Contractor (and his Surety) shall be liable for and shall pay to the Owner the sums
hereinafter stipulated as fixed, agreed and liquidated damages, and not as a penalty, for
each calendar day of delay until the Work is substantially complete.
Five Hundred and No/Hundreds Dollars ($500.00).
Article 10 PROTECTION OF PERSONS AND PROPERTY
10.3 Hazardous Materials
Add to 10.3.1 the following:
10.3 .1.1 Reference to asbestos or polychlorinated biphenyl (PCB) in this Article does not negate
the appropriate abatement of asbestos and PCB containing materials as specifically required by the
Contract Documents.
0427/SUPPLEMENTARY CONDITIONS
SC-8
EXHIBIT 'B'
In subparagraph 10.3.2 delete the first word "The" and substitute the following: "If the hazardous
materials or substances were not reasonably susceptible of being disclosed as indicated in
Supplementary Condition subparagraph 4.3.4 or required to be abated by the Contract Documents,
the"
In subparagraph 10.3.2 after the first sentence, delete the rest of the subparagraph
Delete subparagraph 10.3.3.
In paragraph 10.4 after the word "Contractor", delete the rest of the sentence.
Delete paragraph 10.5.
10.6 Emergencies
In subparagraph 10.6.1, delete the last sentence.
ARTICLE 11 INSURANCE AND BONDS
11.1 Contractor's Liability Insurance
In subparagraph 11.1.1.1 substitute a comma for the semicolon at the end, and add the following:
including private entities performing Work at the site and exempt from the coverage on account of
number of employees or occupation, which entities shall maintain voluntary compensation coverage
at the same limits specified for mandatory coverage for the duration of the Proj ect.
In subparagraph 11.1.1.2 delete the semicolon at the end, and add the following: or persons or
entities excluded by statue from the requirements of Clause 11.1.1.1 but required by the Contract
Documents to provide the insurance required by that Clause.
Add to 11.1.2 the following:
11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the
following limits:
1.
Workers' Compensation
(a)
(b)
State
Statutory
2.
$100,000 per Accident
$500,000 Disease, Policy Limit
$100,000 Disease, Each Employee
Comprehensive or commercial general liability including premises operation; owners and
contractors protective liability, products and completed operations liability, personal injury
liability (including employee acts), broad form property damage liability and blanket
contractual liability.
(a) For any claim for bodily injury, property damage, personal injury or due to a contractual
liability,limits of not less than $1 million per occurrence.
Employer's Liability:
0427 /SUPPLEMENT ARY CONDITIONS
SC.9
3.
EXHIBIT 'B'
(b) For products and completed operations coverage, coverage is to be maintained for a
period of two (2) years following final payment.
(c) For the hazards of explosion, collapse, and underground, commonly referred to as XCU,
coverage shall be required if the exposures exist. This coverage may be provided by the
subcontractor ifthe State and prime contractor are named as additional insureds.
Business auto liability (including owned, non-owned and hired vehicles) in an amount of not
less than $1 million combined single limit.
If the General Liability coverages are provided by a Commercial Liability policy, the:
(a) General Aggregate shall be not less than $2,000,000.
(b) Fire legal liability shall be provided in an amount not less than $50,000 per
occurrence.
4.
5.
Umbrella Excess Liability:
An umbrella policy may be used in combination with other policies to provide a minimum
coverage of $1 ,000,000.
11.1.2.2 The Owner shall be named as an additional insured on the insurance required in 11.1.2.1
items 2, 3 and 5 above and the insurance shall contain the severability of interest clause as follows:
"The insurance afforded herein applies separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the company's liability."
11.1.2.3 The Contractor shall require all subcontractors of any tier to provide Commercial General
Liability Insurance with Liability limits of not less than $1,000,000 for bodily injury and property
damage, and Business Automobile Liability Insurance for all owned, non-owned and hired vehicles
with liability limits of not less than $1,000,000.
Add to 11.1.3 the following:
11.1.3.1 If this insurance is written on the Comprehensive General Liability policy form, the
Certificates shall be AlA Document G705, Certificate of Insurance or ACORD form 25. If this
insurance is written on a Commercial General Liability policy form, ACORD for 258 will be
acceptable.
Delete paragraph 11.3 and all subparagraphs.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
12.2 Correction of Work
In subparagraph 12.2.2.1 delete the second sentence.
ARTICLE 13 MISCELLANEOUS PROVISIONS
13.1 Governing Law
Add to 13.1 the following:
0427/SUPPLEMENTARY CONDITIONS
SC-lO
EXHIBIT 'B'
13.1.2 Each Contractor and his subcontractors and sub-subcontractors shall comply with all Idaho
Statutes with specific reference to Public Works contractor's State license Law, Title 54,
Chapter 19, Idaho code, as amended.
13.2 Successors and Assigns
In subparagraph 13.2.1, in the second sentence, delete "Except as provided in Subparagraph 13.2.2,"
Delete subparagraph 13.2.2.
13.3 Written Notice
In subparagraph 13.3.1 insert the work "facsimile," between the words "...sent by" and "...registered"
13.6 Interest
Delete subparagraph 13.6.1 and substitute the following:
13.6.1 Payments due and unpaid under the Contract Documents shall bear no interest until 30 days
past due, thereafter they shall bear interest at the rate of 8% per annum until the date of the
check as posted by Owner.
13.7 Commencement of Statutory Limitations Period
Delete subparagraphs 13.7.1, 13.7.1.1., 13.7.1.2, and 13.7.1.3 and substitute the following:
13.7.1 As between the Owner and the Contractor as to acts or failures to act, any applicable statue of
limitations shall commence to run and any legal cause of action shall be deemed to have accrued in
any and all events in accordance with Idaho law.
Add to Article 13 the following:
13.8 Equal Opportunity
13.8.1 The Contractor shall maintain policies of employment as follows:
13.8.1.1 The Contractor and the Contractor's Subcontractors shall not discriminate against any
employee or applicant for employment because of race, religion, color, sex, age or national origin.
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, age or
national origin. 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.
0427 /SUPPLEMENT ARY CONDITIONS
SC-ll
EXHIBIT 'B'
13.8.1.2 The Contractor and the Contractor's Subcontractors shall, in all solicitation 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, age or national
ongm.
ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Contractor
In subparagraph 14.1.1, in the first sentence, delete the number "30" and substitute the number "60".
Delete subparagraphs 14.1.1.3 and 14.1.1.4.
Delete subparagraph 14.1.2.
In subparagraph 14.1.3 delete "or 14.1.2".
In subparagraph 14.1.3 delete the words "profit and damages" and substitute the words "and profit".
Delete subparagraph 14.1.4.
14.2 Termination by the Owner for Cause.
In subparagraph 14.2.2, in the first sentence, delete the words "..., upon certification by the Architect
that sufficient cause exists to justify such action, ...".
In subparagraph 14.2.2.3 delete the last sentence.
14.4 Termination by the Owner for Convenience
Delete subparagraph 14.4.3 and substitute the following:
14.4.3 In the case of such termination for the Owner's convenience, the Contractor shall be entitled
to receive payment from the Owner on the same basis provided in Subparagraph 14.1.3, as
modified.
MISCELLANEOUS SUPPLEMENTARY CONDITIONS
PRE-CONSTRUCTION CONFERENCE
Before starting the work, a conference will be held to review scheduling of the work, to establish procedures
for processing applications for payment, to discuss submittal procedures and to establish a working
understanding between the parties as to the project. Present at the conference will be the Architect, Project
Representative, the Contractor and his Superintendent.
AVAILABILITY OF LANDS
The lands upon which the project will take place are owned by the City of Meridian. The Contractor shall
exercise extreme care to retain and protect all existing irrigation improvements both above and below ground.
The Project will also involve connection to an adjacent subdivision's pressurized irrigation system.
0427/SUPPLEMENTARY CONDITIONS
SC-12
EXHffiIT 'B'
SPECIFICATIONS
The Specifications under which it is proposed to execute this work consists of the infonnation bound herewith,
the Idaho Standards for Public Works Construction (ISPWC), Nampa & Meridian Irrigation District Standards,
Ada County Highway District Standard Drawings and Specifications and are intended to provide the details
reasonably required for the execution of the Work. Any interpretation as to the meaning or the intent of the
Specifications should be directed to the Architect in writing. Any interpretation or change in the Specifications
will be made only in writing. The Owner will not be responsible for any other explanation or interpretations of
the Specifications.
INSPECTION
The City will observe and inspect the work to the extent necessary, in the City's judgment, to determine that
the provisions of the Contract Documents are being properly fulfilled. The City's inspection of the work done
shall not relieve the Contractor of his obligation to furnish materials and perfonn acceptable work in
confonnance with these Contract Documents. The City of Meridian Department of Public Works (and its
designated representatives) and state and local agencies shall at all times have access to work wherever it is in
preparation or progress. The Contractor shall provide facilities for such access and for inspection.
END OF SUPPLEMENTARY CONDITIONS
0427/SUPPLEMENTARY CONDITIONS
SC-13
EXHIBIT 'c'
MERIDIAN FIRE DEPARTMENT
SOUTH EAGLE ROAD FIRE STATION #4
TABLE OF CONTENTS
TITLEIDIVISION
COVER
TITLE PAGE
ADVERTISEMENT FOR BIDS
TABLE OF CONTENTS
SCHEDULE OF DRAWINGS
GEOTECHNICAL REPORT
PART ONE - BIDDING REQUIREMENTS
INSTRUCTIONS TO BIDDERS (AIA DOC. A701 - 1997 EDITION)
SUPPLEMENTARY INSTRUCTIONS TO BIDDERS
SUBSTITUTION REQUEST FORM
BID PROPOSAL
BIDDERS/ACKNOWLEDGMENT STATEMENT
PART TWO - CONTRACT DOCUMENTS
AGREEMENT (AIA DOC. A1O1, 1997 EDITION, BY REFERENCE)
GENERAL CONDITIONS (AIA DOC. A201, 1997 EDITION, BY REFERENCE)
SUPPLEMENTARY CONDITIONS
CONTRACTOR'S AFFIDAVIT CONCERNING TAXES
p ART THREE - TECHNICAL SPECIFICATIONS
DIVISION 1 - GENERAL REOUIREMENTS
1100
01230
01250
01290
01310
01320
01330
01400
01420
01500
01600
01700
01731
01770
01781
01782
01820
SUMMARY
AL TERNA TES
CONTRACT MODIFICATION PROCEDURES
PAYMENT PROCEDURES
PROJECT MANAGEMENT AND COORDINATION
CONSTRUCTION PROGRESS DOCUMENTATION
SUBMITTAL PROCEDURES
QUALITY REQUIREMENTS
REFERENCES
TEMPORARY FACILITIES AND CONTROLS
PRODUCT REQUIREMENTS
EXECUTION REQUIREMENTS
CUTTING AND PATCHING
CLOSEOUT PROCEDURES
PROJECT RECORD DOCUMENTS
OPERATION AND MAINTENANCE DATA
DEMONSTRATION AND TRAINING
0427!fABLE OF CONTENTS
TOC-l
DNISION 2 - SITE CONSTRUCTION
EXHIBIT 'C'
02230
02300
02510
02700
02741
02751
02810
02920
02930
SITE CLEARING
EARTHWORK
WATER DISTRIBUTION
SEW AGE AND DRAINAGE
HOT-MIX ASPHALT PAVING
CEMENT CONCRETE PAVEMENT
IRRIGATION SYSTEMS
LAWNS AND GRASSES
EXTERIOR PLANTS
DNISION 3 - CONCRETE
03300
CAST -IN-PLACE CONCRETE
DNISION 4 - MASONRY
04810
UNIT MASONRY ASSEMBLIES
DNISION 5 -METALS
05120
05500
05511
STRUCTURAL STEEL
METAL F ABRICA TIONS
METAL STAIRS
DIVISION 6 - WOOD AND PLASTICS
06100
06160
06176
06402
ROUGH CARPENTRY
SHEATHING
METAL PLATE-CONNECTED WOOD TRUSSES
INTERIOR ARCHITECTURAL WOODWORK
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07115
07190
07210
07311
07620
07920
BITUMINOUS DAMPPROOFING
WATER REPELLENTS
BUILDING INSULATION
ASPHALT SHINGLES
SHEET METAL FLASHING AND TRIM
JOINT SEALANTS
DIVISION 8 - DOORS AND WINDOWS
08111
08211
08311
08361
08561
08711
08800
STANDARD STEEL DOORS AND FRAMES
FLUSH WOOD DOORS
ACCESS DOORS AND FRAMES
SECTIONAL OVERHEAD DOORS
VINYL WINDOWS
DOOR HARDWARE
GLAZING
Q427rrABLE OF CONTENTS
TOC-2
EXHIBIT 'C'
DNISION 9 - FINISHES
09220
09260
09310
09653
09680
09911
09912
09931
PORTLAND CEMENT PLASTER
GYPSUM BOARD ASSEMBLIES
CERAMIC TILE
RESILIENT WALL BASE AND ACCESSORIES
CARPET
EXTERIOR PAINTING
INTERIOR PAINTING
WOOD STAINS AND TRANSPARENT FINISHES
DIVISION 10 - SPECIALTIES
10101
10155
10350
10520
10801
VISUAL DISPLAY SURFACES
TOILET COMPARTMENTS
FLAGPOLES
FIRE PROTECTION SPECIAL TIES
TOILET AND BATH ACCESSORIES
DIVISION 11 - EOUIPMENT
11451
RESIDENTIAL APPLIANCES
DNISION 12 - FURNISHINGS
12491
HO~ONTALLOUVERBLINDS
DNISION 13 - SPECIAL CONSTRUCTION (NOT USED)
DNISION 14 - CONVEYING SYSTEMS (NOT USED)
DNISION 15 -MECHANICAL
15100
15150
15200
15300
15400
MECHANICAL GENERAL PROVISIONS
MECHANICAL START-UP
PLUMBING
HEATING, VENTILATING AND AIR CONDITIONING
FIRE PROTECTION
DNISION 16 - ELECTRICAL
16010
16060
16113
16120
16130
16140
16145
16190
16231
16442
16484
ELECTRICAL GENERAL PROVISIONS
GROUNDING
UNDER SLAB AND UNDERGROUND ELECTRICAL WORK.
CONDUCTORS AND CABLES
RACEWAYS AND BOXES
WIRING DEVICES
LIGHTING CONTROL DEVICES
SUPPORTING DEVICES
PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES
PANELBOARDS
DISCONNECT SWITCHES
0427/TABLE OF CONTENTS
TOC-3
EXHIBIT 'c'
DNISION 16 ~ ELECTRICAL (CONTINUED)
16491 FUSES
16511 INTERIOR LIGHTING
16521 EXTERIOR LIGHTING
16721 FIRE ALARM SYSTEM
16741 TELECOM RACEWAY SYSTEM
16743 TELECOMMUNICATIONS CABLING
DNISION 17 - ILLUMINATION. TRAFFIC SIGNAL SYSTEMS AND ELECTRICAL
17100
ILLUMINATION, TRAFFIC SIGNAL SYSTEMS AND ELECTRICAL
0427/TABLE OF CONTENTS
TOC~4
DISCIPLINE
GENERAL
CIVIL
TRAFFIC
LANDSCAPE
ARCHITECTURAL
STRUCTURAL
0427.00/SCHEDULE OF DRAWINGS
EXHIBIT 'D'
MERIDIAN FIRE DEPARTMENT
SOUTH EAGLE ROAD FIRE STATION #4
SCHEDULE OF DRAWINGS
SHEET
NUMBER
SHEET TITLE
AO.l
COVER SHEET
CO. 1
C1.0
C2.0
C2.1
C3.0
C4.0
TOPOGRAPHIC SURVEY
GRADING/DRAINAGE PLAN
GRADING/DRAINAGE PLAN
GRADING/DRAINAGE PLAN (ADDITIONAL BID ITEM)
CONSTRUCTION DETAILS
CONSTRUCTION DETAILS
TSI
TS2
TS3
TS4
TS5
TS6
TITLE SHEET
SIGNAL DETAILS
TRAFFIC SIGNAL CONDUIT LAYOUT
PHASE II CONSTRUCTION
PAVEMENT MARKINGS AND SIGNS
TRAFFIC CONTROL PLAN
LS-l
LS-2
PLANTING PLAN
. SPRINKLER PLAN
ALl
A1.2
A2.1
A2.2
A2.3
A2A
A2.5
A3.1
A4.1
A5.1
A5.2
A5.3
A7.1
A8.1
A8.2
A8.3
A8A
ARCHITECTURAL SITE PLAN
SITE PLAN DETAILS
FLOOR PLAN
DOOR SCHEDULES, WINDOW SCHEDULES, DETAILS
DOORIWINDOW DETAILS
DOORIWINDOW DETAILS
ROOF PLAN
BUILDING ELEVATIONS
BUILDING SECTIONS
WALL SECTIONS
WALL SECTIONS
WALL SECTIONS/DETAILS
REFLECTED CEILING PLAN AND DETAILS
INTERIOR ELEVATIONS
INTERIOR ELEVATIONS
INTERIOR ELEVATIONS
INTERIOR ELEVATIONS
S1.0
SLl
S1.2
S2.1
S2.2
S3.1
S3.2
GENERAL NOTES
FOUNDATION PLAN
FRAMING PLANS
FOUNDATION DETAILS
FOUNDATION DETAILS
FRAMING DETAILS
MISC. DETAILS
SOD-l
EXHIBIT 'D'
MERIDIAN FIRE DEPARTMENT
SOUTH EAGLE ROAD FIRE STATION #4
SCHEDULE OF DRAWINGS
DISCIPLINE
SHEET
NUMBER
SHEET TITLE
MECHANICAL
HVACPLAN
HV AC MEZZANINE PLAN
HV AC DETAILS
HVACDETAILS
HV AC SCHEDULES
ENERGY CALCULATIONS
WASTE AND VENT PLAN
WATER, GAS, COMPRESSED AIR PLAN
PLUMBING MEZZANINE PLAN
PLUMBING SCHEDULE
PLUMBING DETAILS
Ml.l
M2.1
M3.1
M3.2
M4.1
M5.1
Pl.l
P1.2
P2.1
P3.1
P3.2
ELECTRICAL
ELECTRICAL LEGEND SHEET INDEX
ONE-LINE DIAGRAM
ELECTRICAL SITE PLAN/DETAILS
FIRE ALARM PLAN
LIGHTING PLAN
MECHANICAL POWER PLAN
POWER PLAN
SPECIAL SYSTEMS PLAN
ELECTRICAL DETAILS
ELECTRICAL SCHEDULES
EO.O
E1.0
E2.0
E2.1F
E2.1L
E2.1MP
E2.1P
E2.1S
E3.0
E3.1
0427.00/SCHEDULE OF DRAWINGS
SOD-2
29 June 2005
From the Office of:
ZGA Architects and Planners, Chartered
565 W. Myrtle Street, Suite 225
Boise, Idaho 83702
Re:
Meridian Fire Department
Eagle Road Fire Station
Meridian, Idaho
ZGA Project No. 0427.00
NOTICE TO ALL BIDDERS:
This Addendum No. One is hereby made a part of the project requirements and contract documents
for the referenced project. Be sure to acknowledge this addendum in your Bid/Proposal Form.
Failure to do so may subject the bidder to disqualification.
The following i~formation is being issued only to the General Contractors on file with Idaho Blueprint
and Supply Company. It is the obligation of the General Contractor receiving sub-bids to notify its
subcontractors and suppliers of items relating to their bid.
DRAWINGS
Civil
Sheet Cl.O - Grading / Drainage Plan
. Keynote number 9 should read - Flammable Liquids Interceptor (supplied by plumbing
contractor) refer to mechanical/plumbing plans for details.
4" iny. In = 2597.80 6" inv, Out = 2597.70
Sheet C3.0 - Construction Details
. Detail 3 - Typical Seepage Pit / Section - The depth ofthe seepage pit should be 4.00' to match the
Drainage Table.
Mechanical
Sheet M2.1 - HV AC Mezzanine Plan
. Delete supply grill symbol G-5/100 - Refer to sketch SK-1 attached to this addendum.
Sheet M4.1 - HV AC Schedules
. Supply Grille Schedule nominal size and CFM range coITections - Refer to sketch SK-2 attached
to this addendum.
0427.00/ADDENDUM NO. ONE
ADD1-1
Sheet P3.1 - Plumbing Schedule and Details
. Revise Plumbing Fixture Schedule - Lav-1 and Lav-2 / Add integral check valves and selectable
temperature range from 80° F to 120° F. - Refer to sketch SK-6 attached to this addendum.
Electrical
Sheet E2.0 - Electrical Site Plan / Details
. Revise traffic signal connection locations. Refer to Keynote #16 and sketch SK-3 attached to this
addendum.
. Revise Keynote #13, Add Keynote #18, See SK-3 attached to this addendum. .
. Revise location and fixture type for pole light at main entrance to parking lot. Refer to SK-4
attached to this addendum.
Sheet #2.1F ~ Fire Alarm Plan
. Remove the pull station located in Entry 101.
Sheet E2.1 L - Lightin~ Plan
. Add Transfer ballast to Keynote #2 and emergency circuit to one ofthe SF1 fixtures located in the
Entry. Refer to sketch SK-5 attached to this addendum.
. Revise circuiting for PF1 fixtures located in Dining and Living. Refer to sketch SK-5 attached to
this addendum.
. Revise Keynote #3 associated with PF1 fixtures. Refer to sketch SK-5 attached to this addendum.
Sheet E3.1 - Electrical Schedules
Note the following revisions to the Light Fixture Schedule:
. FL1 - Proyide fixture with Architectural Junction Box. Reyised part number is 7100-175M-120-
HSP~ KM - ARJB-GS- WH.
. PF1 - Provide fixture with one internally mounted transfer ballast for each row. Provide all
required power cables to accomplish the operation of the fixtures as indicated. Revised length of
suspension cables to 48". Revised part number is 10CRM8-3-32-12FT-R12-120-GEB10-3SE-EC-
DCT-F2/48-AGC-ELH -
. RR2 - Provide fixture with Quartz Re-strike. Revised part number is AH-50M-6AR-120-QRS.
SPECIFICATIONS
General
Table of Contents (Not reissued)
. On page TOC-4, Division 16 - Electrical, add Section 16726, Public Address System
Architectural
Section 07311 - Asphalt Shingles
. On page 07311-3 delete paragraph 2.2 (Organic Felt Reinforced Asphalt Shingles) in its entirety
and substitute the following:
0427.00/ADDENDUMNO. ONE
ADD 1-2
2.2
GLASS-FIBER-REINFORCED ASPHALT SHINGLES
. Laminated-Strip Asphalt Shingles: ASTM D 3462, laminated, multi-ply overlay construction,
glass-fiber reinforced, mineral-granule surfaced, and self-sealing. .
. Ayailable Manufacturers and Products:
. CertainTeed Corporation; Landmark 30
. GAP Materials Corporation; Timberline 30
. IKG; Cambridge 30 (West) Dual Black
. Owens Corning; Oakridge Pro 30 Onyx Black.
. P ABCO Roofing Products; Advantage 30 Antique Black.
Section 08361 - Sectional Overhead Doors
In paragraph 2.2, Steel Door Sections, revise the following sections to read:
2.2.A.1. Minimum Base-Metal (uncoated) Thickness for Section Faces: (16 Gauge).
2.2.B.l Remove this sentence in its entirety.
2.2.G 1. Inside Facing Material: linc'-coated (galvanized) steel sheet with a minimum base
(uncoated) metal thickness (26 Gauge)
Electrical
. Section 16231 - Packaged Engine Generators and Transfer Switches.
This Specification Section was not included in the original project manual and is attached to this
addendum.
Note the specific exhaust and sound level requirements per paragraphs 2.1-H-2-a and 2.1H-5-a
&b.
. Section 16721 - Fire Alarm System
Clarification - In Part 1 - GENERAL, Paragraph 1.1 Scope A.l: Fire Command C~nter (FCS)
refers to the Fire Alarm Control Panel (F ACP)
In Part 3 - EXECUTION revise Paragraph 3.1-A to read:
"Acti~ation of any addressable manual fire pull box, area smoke detector, heat, duct
detector or alarm causing intelligent interface module shall result in, as a minimum, the
following functions and indications:"
In Part 1 - GENERAL delete the following Paragraphs:
. 1.1-A-3 Fire Alarm System Printer(s)
. 1.1-D-5Elevator Controls for Elevator Recall
. 1.1.D-6 Elevator Shaft Smoke Hatch/V ent Release Control
. 1.2-C-1 &2 Existing Conditions
In Part 3 - EXECUTION delete the following Paragrpahs:
. 3.l-A-NOTE ("NOTE: Elevator lobby.. . signal")
0427.00/ADDENDUM NO. ONE
ADDl-3
.
3.1- B & C in their entirety.
. Section 16726 - Public Address Systems
This Specification Section was not included in the original project manual and is attached to this
addendum.
APPROVALS
Architectural
. The following manufacturers have been approved for bidding only. Final approval shall be based
upon requirements of plans and specifications.
. Flush Wood Doors: Oshkosh Architectural Door Company.
. Toilet Compartments: Hadrian Manufacturing Inc.
. Visual Display Surfaces: Partition Specialties, Inc
. Embedded Flashing Materials: Sandell Manufacturing Co.
. Asphalt Shingles: CertainTeed Corporation, GAF Materials Corp.
Mechanical
. The following manufacturers have been approved for bidding only. Final approval shall be based
on requirements of plans and specifications.
. Plumbing (Description and Manufacturer):
. Urinals - Geberit (Chicago)
. Faucets - Zurn Aquaspec & Aquaflush, T & S, Symmons
. Trench Drain - Zurn Flo- Thru with heavy duty frame and grate
. Water Closets - Zurn Systems One
. Shower Trim - Symmons
. Hose Bibs - Chicago Faucets
. Lavatories - Zurn Systems One
. Expansion Tank - Wessels
. Wall Box - Symmons
. Traps & Supplies - Zurn, EBC
. Mixing Valves - Leonard Valye Company
.
HV AC (Description and Manufacturer):
. Electric Duct Heater: Nailor Industries, Redd-I,
. Louvers: Nailor Industries, Arrow United
. Infra-red Radiant Heaters: Solaronics
. Ceiling Fan: Qmark, Leading Edge
. Penthouse: Acme
. Diffusers: Metal-Aire
Warren Technologies
Electrical
The following light fixtures are considered as approved equals:
0427.00/ ADDENDUM NO. ONE
ADD 1-4
Fixture Type
ALl, AL2
BF1
EX1, EX2
FF1
FL1
PF1
PIl
RR1
RR2
SF1,SF2
SF3
TL1
UF1
WF1, WF2
WB1
WP1
WP2
Manufacturer/Brand
SpauldingIN ewark, Cooper/McGraw-Ed
Columbia, Cooper/Metalux
Mule, Cooper/Sure-Lites
Columbia, Cooper/Metalux
Kim Lighting, Cooper/Invue
Alera Lighting, Cooper/Corelite
Confetti, Cooper/HALO
Prescolite, Cooper/HALO
Prescolite, Cooper/Portfolio
Columbia, Cooper/Metalux
Columbia, Cooper/Fail-Safe
Cooper/HALO
Primus Lighting, CooperfMetalux
Columbia, Cooper/Metalux
Spero Lighting, Cooper/Lumark
Incon
LAM, Ametrix
The following are considered as approved equals for the fire alarm system:
. Pyrotronics
. Silent Knite
. Simplex
. Bosch
Additional information included in this addendum and constitutes part of this addendum:
. SK -1 (Musgrove)
. SK-2 (Musgrove)
. SK-3 (Synergy)
. SK-4 (Synergy)
. SK-5 (Synergy)
. SK-6 (Musgrove)
. Specification Section 10520 - Fire Protection Specialties
. Specification Section 16231 - Packaged Engine Generators and Transfer Switches
. Specification Section 16726 - Public Address Systems
END OF ADDENDUM NUMBER ONE
0427.00/ADDENDUM NO. ONE
ADD1-5
OS/27/2005 09:27
ðD
NORT .
2083840765
MUSGROVE
8"Ø
I
[n ~ .
I
I
,
-I-
<
.J
::>
>(
:>
1-1 V AC MEZZAN INE PLAN
Scale: 114'1 = [I_Ø"
':;: MUSGROVB
J3N'GINJ¡EIUNG, ".k
~IOß.n",hAItISI...~.II.IM
B"..,loi¡,""SJ7( .~
2D'J~~~~sS
"-""""""""'"
DRAWN
SJM
CIiF.Ckeo
SJM
SCAL~
NTS
ffiO.II,CT NAME
ARCH. P"DJ~Ofll
0427.00
OATS
6/27/05
REF. eH~Sr
M2.1
EAGLE ROAD FIRE STATION
OVU""V""MOI'r""JJI,ln..m
""')".'"""'IIer-.II~.¡nl
PAGE 03/04
8HI':ET tIID.
SK-1
m
:Þ
G)
.
rn
:::0
~
a
.,...
;ü
f11
(J)
~
-I
a
z
.".
'"
0
~
...
~
;:
If]
"'I OJ '"
a I ~
¡;; ~ ::ö
z wi1!œZ
--iI <-. "-
(J) š:: š::
~ ~I ~
:n .... :r
!! CO R;g
~!!I N Me
À -. ""'m
:.. ~ 8£!
en
^
I
f\J
'"
:E:
fg
...
:z
9
~~~~
~ "\
I SUPPLY GÀlLLE SCHEDULE
~
CD flOOR GRILLE SIZES BASED ON TITUS MODEL OT-4BO, UNEi\R BAR DIFFUSER, 1/B" BARS, 1/4"
SPACING. O' DEFLECTiON, HEAVY DUTY MOlJNTJNG FRAME, CLEAR ANODIZED FINISH. APPROVED
MANUFACTURERS INCLUDE ANEMOSTAT, CARNES, J&J REGISTER, TUTTLE & BAILEY, META l-AJ RE,
NAILOR, KRUEGER AND PRICE. PROVmE W/R£CTANGULAR TO ROUND ADAPTER AT GRILLE INLET.
0 SIZES BASED ON A MAXIMUMNC LEVEL OF 25.
f
\.
SYMBQt
~
'}
G-1 1 -/
i
;.
~
G-2 )-
\.
NOMINAL
SIZE
~
J .J
CFM RANGE ., RUNOUT SIZE
"
-..:.
4X12
0-1 DO
1
~,
l 6DØ
-J
]
< 10"ø
~
~""
1
l'
,J W'>ø
6X12
100-225
G-J
ð
¡
1.
1.
200-275
6X24
"""-~~
-
(S)
en
"'-
I'V
--.J
"'-
I'V
(S)
(S)
Ul
(S)
ill
I'V
--.J
REMARKS
I'V
(S)
00
w
00
.¡;,.
(S)
--.J
Oõ
U1
00
00
00
3:
C
(f)
G)
;;n
0
<
fT1
ìJ
Þ
G)
fT1
(S)
.¡;,.
"
(S)
-Þ-
'I
If
'-
--- ¡Ii
'-'-- ""'--" ilii
""-, ,I
""'1'1"'-'" .~~'¡
, ¡ Ii
Ii I II
I II
I II
u
:-
l-~ ~&
.~ " --
Ii '-..-_/
17
: ¡"~,n"~'l @:,:/'
I IAL21 'P .<,;'
.o:~3=~c'-"""",""~'" _~_~.e:"'>'
I II I
I Ie?@) I
I I' I
I ,I I
I I I )
111----
I II
I II
I II
I II
=r"'--=='rT== .,_' "'Æ"""
1; ~1 ~$'\ .===
---- --g \
I I II
r~TIIL~ 'i':
-) I ::
II
/ I II
II
I II
II
I II
IFLÙI ::
'i
0::=::::: :;;:~=::;;, :::::::::: ;~~:::=
::;::::;:::::: :::::::=J
S
KEYED
NOTES
0
ill
13 2" CONDUIT FOR TRAFFIC SIGNAL CONTROL. ROUTE
CONDUIT TO TRAFFIC SIGNAL CONTROL BUTTON LOCATED I
THE STATION. COORDINATE REQUIREMENTS WITH ACHD
CONTRACTOR.
ill
18 TRAFFIC SIGNAL CONTROLLER CABINET.
ELECTRICAL SITE PLAN
MERIDIAN FIRE STATION- EAGLE ROAD
DATE:
06/27 /05
JOB NO:
0427_00
SKETCH NO.
SCALE:
¡"=20'-0"
DRA \XIN;
1JL
S 1< - 3
PHONE. (208)336-9617 . FAX (208) 336-9629
410 S. ORCHARD ST. SUITE 132
BOISE IDAHO 83705
s yncrgy@sj'nergyengineers.com
WV¡W. s yn ergy en gill e ers. co m
~
synergy
Sp..",..lIz..d EI.."."".., I!n"ln....,'n"
ENERGY DRIVEN
REF. SI.ITS.; £2.0
JOB: 04185
/: - ~¡ŒIIII
" 1_--_" .-....1 ) 1
i '"r----I~--j
Ii ~Ørb ¡
I: i IIFL11¡
i-II
I
1"-"" I 1
~q-=-~=-== - ~~=~}~ == ¡ t 32
-----1J ,= : :
/,/,,/ I
I 'I ;// 1&1 j/
I I I ~~-;-=~-~~-
5
I'
Ii
Ii
"
II
"
II
II
I'
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
[i
II
Ii
,/
/1
/ç.===",,==o--=~"=c: :::-;:.~~~::"._---_..., ------..---- -,,---------"
"'<.
. "
, I I
_::;;;;:;:-=""-O';:'~:=:::::::;-';:"C--~::~;;;;;;;~",==~~;;:1",.,-- - =:::~-;,;;;~
t~JCD
"'~
. ELECTRICAL SITE PLAN
MERIDIAN FIRE STATION- EAGLE ROAD
DATE:
06/27 /05
JOB NO:
0427.00
SKETCH ]\0.
PHONE. (208)336-9617 . FAX (208) 336-9629
410 S- ORCHARD ST. SUITE 132
BOISE IDAHO 83705
s yne rID '@synergyengineers.com
"..ww.synerg)'en g¡ n eerS.com
SCALE:
1"=20'-0"
S IZ - 4
DR.A\VN:
TJL
REF. SHTS.: E2.D
JOB: 04185
~
synergy
Sp."lall..d ",..",trl",., "n"ln....ln"
ENERGY OR! VEN
--
---"--."" ""--""""""""""""'"""""..""""".""",,"-"""",,."",,"',,,,.....,,,,-""."""".".-."."",."""""",,,,..
~[_J
KEYED
NOTES
0
PROVIDE FIXTURE WITH INTERNALLY MOUNTED
BODINE I GTD' TYPE TRANSFER BALLAST.
CONNECT SUCH THAT CENTER LAMP(S) ARE
SWITCHED SEPARATELY FORM THE OUTSIDE
LAMPS. THE CENTER LAMP(S) SHALL BE
CONNECTED TO THE TRANSFER BALLAST. PROVID
UNSWITCHED LEG TO THE TRANSFER BALLAST AS
REQUIRED. ALL SWITCHED LEGS SHALL BE
CONNECTED IN SERIES WITH THE OCCUPANCY
SENSORS. RE:KEYED NOTE #12. ~
3
LIGHTING PLAN
MERIDIAN FIRE STATION- EAGLE ROAD
OAT£:
06/27/05
JOB NO:
0427.00
SKETCH NO.
SCALE:
1/8""'1'-0"
S 1< - 5
PHONE. (208)336.9617 . FA,"\{ (208) 336-9629
410 S. ORCHARD ST. SUITE 132
BOISE IDAHO 83705
S j 'nergy@synerg)'engineers,com
www.s)'nergyengineers.com
~
synergy -
Sp.c'.lInd E'.c"'".' EnG'n..rlnG
DRAWN:
1]L
ENERGY DRIVEN
REF. SHTS.: E2.1L
JOB: 04185
:t ~ trI
i ~ ~ "'; ~ s::
; -;¡ ~~~::. ~c:
~ ;: ~îlf>t ;:IUI
~ ~ ~'~h ¡go
~ ~ .~;¡'" -~
Q~ ~-".~,... Zo
t ~ ~ ¡:~~ p <
=' ~ ~~ ~ ~
if ~ -
m
»
G)
ï
m
;0
0
»
I:)
"'TI
:;u
m
en
:Þ!
--I
0
Z
... n .,
~ ffi ?!
m ~ ~
Z UJl:Zrn
-i <- c....
ro :£ s:
~I '"
='" <:¡
."i !;!:! m
w"" ""
. CC
~ <:>
<.n
(J)
^
I
0)
..,
;¡¡
E!
m
~
~
3:
...
:>
~
0'"
4>- '"
NE!
:-I'"
a!:1
0...
en
:J:
m
m
--I
:z
9
IGJ
en
-----
w
GJ
-----
~
(S)
GJ
Ul
f-'
f-'
~
(]I
/
i.
{
?
,-
f
t
\,
j
}
I KOHlER DEXTER MOOEL K-5Ð16-Er / WAlL MOUNTED. WITH 3/4~ TOP SPUD
'}/4 I --_SLO~..RE~_,XlJllCll!fl..j!!r' FW~I.tEJœ: ~ . - - -~---
".t...:rl--~-v' '~'1t"§i'ifW'FìGü'lfEOOWttR~Ð637'iWJ(fsr.(8tf""FOOìJRt'5¡j1P'ôR'r~""- .~-~ 7 - - -,
KOHl£R PENNINGT-QN 1.ICIDEl K-219B-4, VITREOUS CHINA. COUNŒR1OP !daUNTED, HOlES ~....
ON ." CENlERS. DRAIN K-7715. I(OHL£R COftAlMS J.tODEl K-1559ß-5. 5 3/4" LDNG. "-
I 1/211 1/211 1/41 )/2 1 1/2 ¡ SINGLE LEVER FAUCET, WATTS SERiES U-SG-B THERIoIDSTA1tC MOONG VAt'Æ, ASSE STANDARD ,~
1016 US1ED. BRQN-ZE BOD'(. INŒGRAl C¡¡ECK VALVES AND sa..ECTABlE TEMPERAìURE j
RANGE FRO" aaf" TO tNf". )
KOHLER KINGSTON MODEl K-2.005, VffiiEOUS CHINA. WAtL t.lDUNJB), HOlfS ON 48 CENiERS. "\
DRAJN [(-7715. KOHlER CORAUJS MODEL K-1:)59B-5 / 5 3/48 LONG, SNGlE l£'ÆR FAUCEf, ¿
I 1/211 1/2!1 1/41 1/2 1 1/2 I JAY R SWJH ¡;æURE NUMBER 0700 / SUPPORr WITH oom;E,ðJ£D .ð.RMS. WATTS SERI5 USG-B ~
"ßiERIAOSTAllC JdIXIIiG VALYr. ASSE STANDARD 1016 USŒD, BROHZE BODY. ilfTB3RAl CHECK (
VAlVES ANI) SELECTMILE 1ELIPERATURE RAHG€ FROM saT TO t 2IFF. f
suø.x,~~~-~~J Ii 'L28_1)~,~ST!!cM~.S1EEl Silt (. B.KAY ",.,.I
LtOD£l LX -4J40C. CflRDloIE PLAm - SMGCE"ilVEif' fõí> MbIìNfi:Ereti~HT'FtiÍì:'>-&tiì-
REJRACTABLE SPRAY, ELAAY MOOEl. tJC-35 I CHROIdE PtATED TAIlPIECE AND S'WNlESS srm
BœD
~
(S)
OJ
W
00
~
GJ
-.
(J1
(jJ
Jl=1 I ~Rlw.L
~ ~!~~~~/v-v-~L;--J~-2P~.
LAVATOæ1
JAY=! I (COUNŒR1OP WUM'ED)
(FUeuC STANDmD)
lAVATORY
.1Æl=Z ¡ (VIM.!. MOUNTED)
(ADA COMPI.IANT)
,
'-'~~~~~~ ~J.:~-~2 -,Jr;;i;~v;r.~¡;~tï;
(ADA coMPUAlfi)
3:
C
U}
.G'J
;;0
0
<
[T
--0
D
GJ
fTl
GJ
Ul
-----
(Sf
Ul
SECTION 16231 - PACKAGED ENGINE GENERATORS AND TRANSfER SWITCHES
PART I - GENERAL
1.1
1.2
1.3
1.4
1.5
1.6
CONDITIONS AND REQUIREMENTS
A.
Drawings and general proYisions of the Contract, including General and Supplementary Conditions and
Division I Specification Sections, apply to this Section.
SCOPE Of WORK
A.
Provide, install, and acceptance test a complete and operable Emergency electric generating system, including
all deyices and equipment specified herein, as shown on the drawings, or required for the service. Equipment
shall be new, factory tested, and delivered ready for installation.
APPROVED MANUFACTURERS
A.
Caterpillar, Kohler, or Onan.
SUBMfTT ALS
A.
Proyide the following information for review:
1.
. Manufacturer's product literature and performance data, sufficient to verify compliance to
specification requirements.
Manufacturer's certification of prototype testing.
Manufacturer's published warranty documents.
Shop drawings showing plan and eleyation yiews with certified overall dimensions, as well as
wiring interconnection details.
Interconnection wiring diagrams showing all external connections required; with field wiring
terminals marked in a consistent point-to-point manner.
Manufacturer's installation instructions.
2.
3.
4.
5.
6.
WARRANTY
A.
Shall be provided for all products against defects in materials and workmanship for one year period ITom
the start-up date.
SUPPLIER
A.
The supplier shall be the manufacturer's authorized distributor, who shall provide initial start-up services,
conduct field acceptance testing, and warranty seryice. The supplier shall have 24-hour seryice
ayailability and factory-trained service technicians authorized to perform warranty service on all products
provided.
PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES
1623 I - I
1.7
1.8
1.9
MANUALS
A.
Operators and spare parts manuals shall be provided for all system equipment. The manuals shall include
outline, interconnection, wiring, and control drawings accurately describing the equipment proYided.
Proyide ladder logic for all programmable logîc controllers in the system.
DELIVERY, STORAGE, AND HANDLING
A.
Deliver ~ngine generator set and system components to their final locations in protective wrappings, containers,
and other protection that will exclude dirt and moisture and prevent damage from construction operations.
Remoye protection only after equipment is safe from such hazards. '
EXTRA MATERIALS
A.
Furnish extra materials described below that match products installed and that are packaged with protective
covering for storage and identified with labels describing contents.
1.
2.
3.
Fuses: One for eve!)' ten of each type and rating, but not less than one of each.
I ndicator Lamps: Two for eve!)' six of each type used, but not less than two of each.
Filters: One set each of lubricating oil, fuel, and combustion-air filters.
PART 2 - PRODUCTS
NATURAL GAS ENGINE GENERA TOR SET
A.
4 cycle, 1800 rpm, natural gas with propane backup engine generator set. Generator set ratings: size as
indicated on the drawings, standby rating, based on site conditions noted below. System voltage of:
120/208Y Volts AC, Three phase, Four-wire, 60 hertz. Site Conditions: Altitude 2800 feet, ambient
temperatures up to 104 degrees F.
B.
Prototype tests and evaluation
J.
Prototype tests shall haye been performed on a complete and functional unit, component level type
tests will not substitute for this requirement. Prototype testing shall comply with the requirements
ofNFPA 110 for leyel 1 systems.
c.
Performance
1.
Voltage regulation shall be +/- 0.5 percent for any constant load between no load and rated load.
Random voltage variation with any steady load from no load to full load shall not exceed +/- 0.5
percent. ,
Frequency regulation shall be isochronous from steady state no load to steady state rated load.
Random fi"equency variation with any steady load from no load to full load shall not exceed plus
or minus 0.25%.
The natural gas engine~generator set shall be capable of single step load pick up of 100%
nameplate kW and power factor, less applicable derating factors, with the engine-generator set at
operating temperature.
.2.
3.
D.
Engine
PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES
16231 - 2
E.
1.
AC Generator
1.
2.
The engine shall be natural gas, radiator and fan cooled. The horsepower rating of the engine at its
minimum tolerance leyel shall be sufficient to drive the alternator and all connected accessories.
Engine accessories and features shall include:
a.
b.
An electronic governor system shall provide automatic isochronous frequency regulation.
Skid-mounted radiator and cooling system rated for full load operation in ] 04 degrees F
ambient as measured at the generator air inlet. Radiator shall be provided with a duct
adapter flange. The cooling system shall be filled with 50/50 ethylene glycol/water
mixture by the equipment supplier. Rotating parts shall be guarded against accidental
contact per OSHA requirements.
An electric starter(s) capable of three complete cranking cycles without oyerheating.
Positiye displacement, mechanical, full pressure, lubrication oil pump.
Full flow lubrication oil filters with replaceable spin-on canister elements and dipstick oil
level indicator.
An engine driven, mechanical, positiye displacement fuel pump. Fuel filter with
replaceable spin-on canister element.
Replaceable dry element air cleaner with restriction indicator.
Flexible supply and return fuel lines.
Engine mounted battery charging alternator, 45 ampere minimum, and solid-state voltage
regulator. ;
c.
d.
e.
f.
g.
h.
I.
The AC generator shall be; synchronous, four pole, revolving field, drip-proof construction, single
prelubricated sealed bearing, air cooled by' a direct drive centrifugal blower fan, and directly
connected to the engine with flexible drive disc. All insulation system components shall meet
NEMA MG 1 temperature limits for Class H insulation system.
The generator shall be capable of delivering rated output (kV A) at rated frequency and power
factor, at any yoltage not more thilll 5 percent aboye or below rated voltage.
F.
Generator Set Control
1.
The generator set shall be proYided with a microprocessor-based control system, which is
designed to provide automatic starting, monitoring, and control functions for the generator set.
The control system shall also be designed to allow local inonitoringand control of the generator
set, and remote monitoring and control as described in this specification. The control shall be
mounted on the generator set. The control shall be yibration isolated and prototype tested to yerity
the durability of all components in the system under the vibration conditions encountered. All
switches, lamps and meters shall be oil-tight and dust-tight, and the enclosure door shall be
gasketed. There shall be no exposed points in the control (with the door open) that operate in
excess of 50 volts. The generator set mounted control shall include the following features and
functions:
a.
Three position control switch labeled RUN/OFF/AUTO.
i.
In the RUN position the generator set shall automatically start, and accelerate to
rated speed and voltage. In the OFF position the generator set shall immediately
stop, bypassing all time delays. In the AUTO position the generator set shall be
ready to accept a signal from a remote device to start and accelerate to rated speed
and yoltage. .
b.
Red ;'mushroom-head" push-button EMERGENCY STOP switch.
i.
Depressing the emergency stop switch shall cause the generator set to immediately
shut down, and be locked out from automatic restarting.
PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES
16231 - 3
c.
Generator Set Alarm and Status Message Display:
i.
The generator set shall be provided with alarm and status indicating lamps to
indicate non-automatic generator status, and existing alarm and shutdown
conditions. The lamps shall be high-intensity LED type. The lamp condition shall
be clearly apparent under bright room lighting conditions. The generator set control
shall indicate the existence of the following alarm and shutdown conditions on a
digital display panel:
a
b
c
d
low oil pressure (alarm)
low oil pressure (shutdown)
oil pressure sender failure (alarm)
low coolant temperature (alarm)
high coolant temperature (alarm)
high coolant temperature (shutdown)
engine temperature sender failure (alarm)
low coolant level (alarm or shutdown--selectable)
fail to crank (shutdown)
overcrank (shutdown)
overspeed (shutdown)
low DC voltage (alarm)
high DC voltage (alarm)
weak battery (alarm)
low fuel-day tank (alarm)
high AC yoltage (shutdown)
low AC yoltage (shutdown)
under frequency (shutdown)
over current (warning)
oyer current (shutdown)
short circuit (shutdown)
over load (alarm)
emergency stop (shutdown)
e
f
g
h
j
k
I
m
n
0
p
q
r
s
t
u
v
w
2.
Engine Status Monitoring:
a.
The following information shall be available from a digital status panel on the generator set
control: '
i.
ii.
iii.
iv.
v.
vi. -
vii.
3.
Control Functions:
The control system provided shall include a cycle cranking system, which allows for user
selected crank time, rest time, and # of cycles. Initial settings shall be for 3 cranking
periods of 15 seconds each, with 15 second rest period between cranking periods. .
The êontrol system shall include an idle mode control, which allows the engine to run in
idle mode in the RUN position only. In this mode, the alternator excitation system shaU be
disabled.
The control system shall include an engine governor control, which functions to provide
steady state frequency regulation as noted elsewhere in this specification. The goyemor
a.
b.
c.
engine oil pressure (psi or kPA)
engine coolant temperature (degrees For C)
engine oil temperature (degrees F or C)
engine speed (rpm)
number of hours of operation (hours)
number of start attempts
battery voltage (DC volts)
PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES
16231 - 4
4.
G.
Base
1.
H.
d.
control shall include adjustments for gain, damping, and a ramping function to control
engine speed and limit exhaust smoke while the unit is starting. The goyernor control shall
be suitable for use in paralleling applications without component changes.
The control system shall, include time delay start (adjustable 0-300 seconds) and time delay
stop (adjustable 0-600 seconds) functions.
The control system shall include sender failure monitoring logic for speed sensing, oil
pressure, and engine temperature which is capable of discriminating between failed sender
or wiring components, and an actual failure conditions.
e.
Alternator Control Functions:
a.
The generator set shall include an automatic yoltage regulation system which is matched
and prototype tested with the governing system proYided. It shall be immune from
misoperation due to load-induced yoltage waveform distortion and provide a pulse width
modulated output to the alternator exciter. The voltage regulation system shall be equipped
with three-phase RMS sensing and shall control buildup of AC generator yoltage to
provide a linear rise and limit oyershoot. The system shall include a torque-matching
characteristic, which shall reduce output voltage in proportion to frequency below a
threshold of 58 HZ. The voltage regulator shall include adjustments for gain, damping, and
frequency roll-off. Adjustments shall be broad range, and made via digital raise-lower
switches, with an alpha-numeric LED readout to indicate setting level.
The yoltage regulation system shaH include provisions for reactive load sharing and
electronic voltage matching for paraHeling applications. Motorized yoltage adjust pot is
not acceptable for voltage matching. i
Controls shaH be proYided to monitor the output current of the generator set and initiate an
alarm when load current exceeds 110% of the rated current of the generator set on any
phase for more than 60 seconds. The controls shall shut down and lock out the generator
set when output current leyel approaches the thermal damage point of the alternator. '
Controls shall be provided to monitor the KW load on the generator set, and initiate an
alarm condition when total load on the generator set exceeds the generator set rating for in
excess of5 seconds.
Controls shaH include a load shed control, to operate a set of dry contacts (for use in
shedding customer load devices) when the generator set is overloaded.
An AC over/under yoltage monitoring system which responds only to true RMS voltage
conditions shall be provided. The system shall initiate shutdown of the generator set when
alternator output voltage exceeds 110% of the operator-set voltage level for more than 10
seconds, or with no intentional delay when voltage exceeds 130%. Under yoltage
shutdown shall occur when the output voltage of the alternator is less than 85% for more
than 10 seconds.
A battery monitoring system shaH be provided which initiates alarms when the DC control
and starting voltage is less than IOVDC or more than 16 VDc. During engine starting, the
low voltage limit shall be disabled, and if DC voltage drops to less than 7 volts for more
than two seconds a "weak battery" alarm shall be initiated.
b.
c.
d.
e.
f.
g.
The engine-generator set shaH be mounted on a heavy duty steel base to maintain alignment
between components. The base shall incorporate a battery tray with hold-down clamps within the
rails.
1.
Generator set auxiliary equipment and accessories
Vibration Isolation
a.
Vibration isolators, spring/pad type, quantity as recommended by the generator set
manufacturer. Isolators shall include seismic restraints.
PACKAGED ENGfNE GENERATORS AND TRANSFER SWITCHES
16231 - 5
I.
1.
K.
2.
Exhaust Silencer
a.
Exhaust muffler shall be provided for each engine, size and type as recommended by the
generator set manufacturer. The mufflers shall be critical grade. Exhaust system shall be
installed according to the generator set manufacturers recommendations and applicable
codes and standards.
3.
Starting and Control Batteries
a.
Starting battery bank, calcium/lead antimony type, 24 volt DC, sized as recommended by
the generator set manufacturer, shall be supplied for each generator set with battery cables
and connectors.
4.
Natural Gas Connector
a.
Provide a 1" diameter flexible connection for incoming gas line.
5.
Oyerall Sound Level
a.
The generator shall generate an average of 66.3 dB or less as measured at 21 feet from the
center of the unit. The calculation shall consist of a minimum of eight (8) measurements at
45° increments around the unit in an open area. The measurements shall then be averaged.
b.
Provide documentation demonstrating the generator meets this sound level requirement.
Generator set main circuit breaker
1.
Generator main circuit breaker: set-mounted and wired, UL listed, molded case type with
electronic trip unit, sized as indicated on the drawings, 3 pole, 600 volts. Submittals shall
demonstrate that the circuit breaker provides proper protection for the alternator by a comparison
of the trip characteristic of the breaker with the thermal damage characteristic of the alternator.
Field circuit breakers shall not be acceptable for generator oyercurrent protection.
Remote annunciator
1.
Provide and install a 20-light LED remote alarm annunciator with horn, located as shown on'the
drawings or in a location which can be conveniently monitored by facility personnel. The remote
annunciator shall provide all the audible and visual alarms called for by NFPA Standard 110 for
level 1 systems; and in addition shall provide indications for high battery voltage, low battery
voltage, loss of normal power to the charger. Spare lamps shall be provided to allow future
addition of other alarm and status functions to the annunciator. Provisions for labeling of the
annunciator in a fashion consistent with the specified functions shall be provided. Alarm silence
and lamp test switch(es) shall be provided. LED lamps shall be replaceable, and indicating lamp
color shall be capable of changes needed for specific application requirements. Alarm horn shall
be switchable for all annunciation points. Alarm horn (when switched on) shall sound for first
fault, and all subsequent faults, regardless of whether first fault has been cleared, in compliance
with NFPA 11 03-5.6.2.
Enclsoure
1.
Provide generator with standard weatherproof housing.
TRANSFER SWITCH EQUIPMENT
PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES
16231 - 6
A.
Proyide complete factory assembled transfer equipment with electronic controls designed for surge yoltage
isolation, and including voltage sensors on all phases of both sources, linear operator, permanently attached
manual handles, positiye mechanical and electrical interlocking, and mechanically held contacts.
B.
Transfer Switch Ratings:
1.
Refer to the project drawings for specifications on the sizes and types of transfer switch equipment,
withstand and closing ratings, number of poles, voltage and ampere ratings, enclosures, and
accessories.
c.
All transfer switches and accessories shall be UL listed and labeled, tested per UL Standard 1008, and CSA
Approved.
D.
Main contacts shall be rated for 600 Volts AC minimum.
E.
Transfer switches shall be rated to . carry 100 percent of rated culTent continuously in the enclosure, in
ambient temperatures of -40 to +50 degrees C, relative humidity up to 95% (non-condensing), and altitudes
up to ] 0,000 feet (3000M).
F.
Transfer switch equipment shall haye a withstand and closing rating (WCR) in RMS symmetrical amperes
greater than the available fault culTents. The transfer switch and its upstream protection shall be
coordinated. The transfer switch shall be third-party listed and labeled for use with the specific protectiye
device(s) installed in the application.
G.
Construction:
I.
Transfer switches shall be double-throw, electrically and mechanical1y interlocked, and mechanically
held in both positions.
Transfer switches rated through 1000 amperes shall be equipped with permanently attached manual
operating handles and quick-break, quick-make over-center contact mechanisms suitable for safe
manual operation under load.
Main switch contacts shall be high~pressure silver alloy. Contact assemblies shallhaye arc chutes
for positive arc extinguishing. Arc chutes shall have insulating covers to prevent interphase
flashover. Provide one set Form C auxiliary contacts on both sides, operated by transfer switch
position, rated 10 amps 250 V Ac.
Transfer switches designated on the drawings as 4-poles shall be provided with a switched neutral
pole. The neutral pole shall be of the same construction andhaye the same ratings as the phase
poles. All poles shall be switched simultaneously using a common crossbar. Equipment using
add-on accessory overlapping contacts are not acceptable.
Transfer switches which are designated on the drawings as 3-pole shall be provided with a neÜtral
bus and lugs, sized to carry 100% ofthe culTent designated on the switch rating.
Enclosures shall be UL listed. The enclosure shall provide NEC wire bend space. The cabinet
door shall be key-locking~ Controls on cabinet door shall be key-operated.
Transfer switches shall be mounted in NEMA '1' enclosures. The cabinet shall provide required
wire bend space. Manual operating handles and all control switches (other than key-operated
switches) shall be accessible to authorized personnel only by opening the key-locking cabinet
door.
2.
3.
4.
5.
6.
7.
H.
Automatic Controls:
1.
Transfer switches shall be provided with a fully automatic control system, and provisions for
manual operation as described in this section.
Control shall be solid-state and designed for a high level of immunity to power line surges and
transients, demonstrated by test to IEEE Standard 587-1980. The control shall have optically
isolated logic inputs, high isolation transformers for AC inputs, and relays on all outputs.
2.
PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES
]6231-7
3.
4.
5.
6.
7.
8.
9.
10.
11.
Solid-state undervoltage sensors shall simultaneously monitor all phases of both sources. Pick-up
and drop-out settings shall be adjustable. Voltage sensors shall allow for adjustment to sense
partial loss of yO It age on any phase. Voltage sensors shall haye field calibration of actual supply
voltage to nominal system voltage.
Provide Phase Sequence Monitor and Balance module to protect against inadvertent phase rotation
hookup and monitor for voltage phase imbalance between phases.
The switch shall transfer when the emergency source reaches the set point voltage and frequency.
Provide a solid-state time delay on transfer, adjustable from 0 to 120 seconds.
The switch shall retransfer the load to the normal source after a time delay retransfer, adjustable
from 0 to 30 minutes. Retransfer time delay shall be immediately bypassed if the emergency
power source fails.
Controls shall signal the engine-generator set to stop after a time delay, adjustable from 0 to 10
, minutes, beginning on return to the normal source.
Power for transfer operation shall be from the source to which the load is being transferred.
The control shall include latching diagnostic indicators to pinpoint the last successful step in the
sequence of control functions, and to indicate the present status of the control functions in real
time, as follows:
a.
b.
Source I OK
Start Gen Set
Source 2 OK
Transfer Timing
Transfer Complete
Retransfer Timing
Retransfer Complete
Timing for Stop
c.
d.
e.
f.
g.
h.
The control shall include remote transfer inhibit and area protection features.
Transfer switches shall be equipped with a field adjustable controls to allow the operator to control
the transfer switch operating time during switching in both directions. The controls shall control
the time the load is isolated from both power sources, to allow load residual voltage to decay
before closure to the opposite source. The transfer switch operating speed control feature shall
haye an adjustable range of 0 to 7.5 seconds. Phase angle monitor is not acceptable substitute for
this feature.
I.
Front Panel Deyices:
Proyide devices mounted on cabinet front consisting of:
1.
a.
b.
A key-operated selector switch to provide the following positions and functions:
Test - Simulates normal power loss to control for testing of generator set. Controls shall
provide for a test with or without load transfer.
Normal - Normal operating position.
Retransfer - Momentary position to override retransfer time delay and cause immediate
return to normal source, if available.
c.
d.
Battery Charger: Provide a float charge battery charger rated 10 amps. DC output voltage shall be as
required for the starting batteries. An ammeter shall display charging current. The battery charger shall
have fused AC input and fused DC output. Include fault indications and Form C contact for AC Fail,
High Battery Voltage, and Low Battery Voltage.
J.
K.
Manual Selector Switch: Provide a manual/automatic retransfer selector switch to provide either
automatic retransfer after the retransfer time delay, or a manual retransfer when selected by an operator.
PART 3 - EXECUTION
PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES
1623 I - 8
INSTALLATION
A.
Equipment shall be installed by the contract.or in acc.ordance with final submittals and c.ontract
d.ocuments. Installati.on shall c.omply with applicable state and l.ocal c.odes as required by the authority
having jurisdicti.on. Install equipment in acc.ordance with manufacturer's instructi.ons and instructi.ons
im,luded in the listing or labeling ofOL listed products.
B.
Installati.on of equipment shall include furnishing and installing all interc.onnecting wiring between all
maj.or equipment proYided f.or the .on-site power system. The c.ontract.or shall als.o perfonn
interc.onnecting wiring between equipment secti.ons (when required), under the supervision .of the
equipment supplier.
C.
Equipment shall be installed .on concrete h.ousekeeping pads. Equipment shall be pennanentIy fastened t.o
the pad in acc.ordance with manufacturer's instructi.ons and seismic requirements .ofthe site.
D.
Equipment shall be initially started and .operated by representatives .ofthe manufacturer.
E.
All equipment shall be physically inspected f.or damage. Scratches and .other installati.on damage shall be
repaired pri.or to final system testing. Equipment shall be th.oroughly cleaned t.o rem.ove all dirt and
c.onstructi.on debris pri.or t.o final testing .of the system.
FACTORY TESTS
A.
Equipment supplied shall be fully tested at the fact.ory f.or functi.on and perf.ormance.
B.
Factory testing may be witnessed by the owner. Supplier is resp.onsible t.o pr.ovide tw.o weeks n.otice f.or
testing.
Generat.or set fact.ory tests .on the equipment shall be perf.onned 'at rated l.oad and ràted PF. Generat.or sets
that have n.ot been fact.ory tested at rated PF will n.ot be acceptable. Tests shall include: run at full l.oad,
maximum p.ower, Y.oltage regulati.on, transient and steady-state g.overning, single step l.oad pickup, and
functi.on .of safety shutd.owns.
c.
D.
, , ,
Transfer equipment factory tests: Each transfer switch supplied shall be fact.ory tested bef.ore shipment.
Factory tests shall include a coinplet~ functi.onal test .of the transfer switch c.ontr.ols, including calibration
.of the v.oltage sens.ors.
ON-SITE ACCEPTANCE TEST
TRAINING
A.
The c.omplete installati.on shall be tested in acc.ordance with Secti.on 16040 f.oll.owing c.ompleti.on .of all
site w.ork. Testing shall be conducted by representatiyes of the manufacturer. The' .owner shall be
notified in advance and shall haye the .opti.on t.o witness the tests.
A.
The equipment supplier shall proyide training for the facility operating pers.onnel covering .operati.on and
maintenance .of the equipment proYided. The training program shall be n.ot less than 4 hours in durati.on
and the class size shall be limited to 10 persons. Training date shall be coordinated with the owner.
END OF SECTION 16231
PACKAGED ENGINE GENERATORS AND TRANSFER SWITCHES
16231 - 9
SECTION 16726 - PUBLIC ADDRESS SYSTEMS
PART 1 - GENERAL
1.1
1.2
1.3
1.4
1.5
1.6
RELA TED DOCUMENTS
A.
Drawings and general provisions of the Contract, including General and Supplementary Conditions and
DÎyision 1 Specification Sections, apply to this Section.
SUMMARY
A.
This Section includes equipment for sound systems.
DEFINITIONS
A.
Channels: Separate parallel signal paths, from sources to loudspeakers or loudspeaker zones, with separate
amplification and switching that pennit selection between paths for speaker alternative program signals.
B.
Zone: A separate group of loudspeakers and associated supply wiring that may be arranged for selective
switching between different channels.
PERFORMANCE REQUIREMENTS
A.
System Functions: Include the following:
1.
Reproducing high-quality sound that is free ITom noise and distortion at all loudspeakers at all times
during equipment operation, including standby mode with inputs off; and output tree trom nonunifonn
coverage of amplified sound.
SUBMITTALS
A.
Product Data: For each type of equipment.
B.
Shop Drawings: Detail equipment assemblies and indicate dimensions, weights, requirèd clearances, method
offield assembly, components, and location of each field connection. Include control panel layouts and wiring
diagrams.
C.
Maintenance data.
QUALITY ASSURANCE
A.
Installer Qualifications: An experienced installer who is an authorized representative of equipment
manufacturer for both installation and maintenance of equipment required for this section.
B.
Electrical Components, Deyices, and Accessories: Listed and labeled as defined in the NEC, Article 100, by a
testing agency acceptable to authorities haying jurisdiction.
PUBLIC ADDRESS SYSTEMS
16726- 1
C.
Comply with the NEe.
D.
Comply with UL 50.
PART 2 - PRODUCTS
2.1
2.2
2.3
MANUF ACTURERS
A.
Rauland, Atlas-Soundolier or approyed equal.
EQUIPMENT
A.
Coordinate features to form an integrated system. Match components and interconnections for optimum
perfonnance of speci'fied functions.
B.
Equipment: Modular type, using solid-state components, fully rated for continuous duty, unless otherwise
indicated. Select equipment for nonnal operation on input power usually supplied at 110 to 130 V, 60 Hz.
COMPONENTS
A.
Volume Limiter/Compressor: Equip each zone with a yolume limiterlcompressor. Install in central equipment
cabinet. Arrange to provide a constant input to power amplifiers.
1.
Frequency Response: 45 to 15,000 Hz, plus or minus 1 dB minimum.
2.
Signal Reduction Ratio: At least a 10:1 and 5:1 selectable capability.
3.
Distortion: I percent, maximum.
4.
Rated Output: Minimum of plus 14 dB.
B.
Cone-Type Loudspeakers: Comply with EIA SE-1O3.
1.
Minimum Axial Sensitivity: EIA pressure rating of 45 dB.
2.
Frequency Response: Within plus or minus 3 dB fTom 50 to 15,000 Hz.
3.
Size: 8 inches with I-inch voice coil and minimum 5-oz. ceramic magnet.
4.
Minimum Dispersion Angle: 100 degrees.
5.
Rated Output Level: lOW.
6.
Matching Transformer: Comply with EIA-160. Full-power rated with four EIA standard taps. Maximum
insertion loss of 0.5 dB.
7.
Surface-Mounting Units: Ceiling, wall, or pendant mounting, as indicated, in steel back boxes,
acoustically dampened. Front face of at least 0.0478-inch steel and whole assembly rust proofed and
factory painted.
PUBLIC ADDRESS SYSTEMS
16726- 2
8.
Flush-Ceiling Mounting Units: In steel back boxes, acoustically dampened. Metal ceiling grille with
baked, white-enamel finish.
G.
Horn-Type Loudspeakers: Comply with EIA SE-1O3.
1.
Type: Single-horn units, double-reentrant design, with minimum fulhange power rating of IS W.
2.
Matching Transformer: Comply with EIA-160. Full-power rated with four EIA standard taps.
Maximum insertion loss of 0.5 dB.
3.
Frequency Response: Within plus or minus 3 dB from 250 to 12,000 Hz.
4.
Dispersion Angle: 130 by 1 10 degrees.
5.
Mounting: Integral bracket.
6.
Units in Hazardous (Classified) Locations: Listed and labeled for the environment in which they are
located.
7.
Weatherprooflocations: Listed and labeled for the environment in which they are located.
H.
Volume Attenuator Stations: Wall-plate-mounted autotransformer type with paging priority feature.
1.
Wattage Rating: 10 W, unless otherwise indicated.
2.
Attenuation per Step: 3 dB, with positive offposition.
3.
Insertion Loss: 0.4 dB maximum.
4.
Attenuation Bypass Relay: Single pole, double throw. Connected to operate and bypass attenuation
when all-call, paging, program signal, or prerecorded message features are used. Relay returns to
normal position at end of priority transmission.
5.
Label: "Volume Contro!."
J.
Cable and Conductors: Jacketed, twisted-pair and twisted-multipair, untinned, solid-copper conductors.
1.
Insulation for Wire in Conduit: Thermoplastic, not less than 1/32 inch thick.
PART 3 - EXECUTION
3.1
INSTALLATION
A.
Install equipment to comply with manufacturer's written instructions.
B.
Wiring Method: Install wiring in raceway except within consoles, desks, and counters. Conceal cable and
raceway except in unfinished spaces.
C.
Wiring within Enclosures: Bundle, lace, and train conductors to terminal points with no excess. Use lacing
bars in cabinets.
D.
Control-Circuit Wiring: Install number and size of conductors as recommended by system manufacturer for
control functions indicated.
PUBLIC ADDRESS SYSTEMS
16726- 3
3.2
3.3
E.
Separation of Wires: Separate speaker-microphone, line-level, speaker-leyel, and power wiring runs. InstaJi in
separate raceways or, where exposed or in same enclosure, separate conductors at least 12 inches tor speaker
microphones and adjacent paraJlel power and telephone wiring. Separate other intercommunication equipment
conductors as recommended by equipment manufacturer.
F.
Splices, Taps, and Tenninations: Make splices, taps, and terminations on numbered tenninal strips injunction,
puJl, and outlet boxes; terminal cabinets; and equipment enclosures.
G.
Match input and output impedances and signal levels at signal interfaces. Provide matching networks where
required.
H.
Identification of Conductors and Cables: Color-code conductors and apply wire and cable marking tape to
designate wires and cables to identifY media in coordination with system wiring diagrams.
1.
WaJl-Mounting Outlets: Flush mounted.
1.
Conductor Sizing: Unless otherwise indicated, size speaker circuit conductors from racks to loudspeaker
outlets not smaJler than No. 18 A WG and conductors from microphone receptacles to amplifiers not smaller
than No. 22 A WG.
K.
Weatherproof Equipment: Install units that are mOlmted outdoors, in damp locations, or where exposed to
weather consistent with requirements of weatherproof rating.
L.
Line Matching Transfonner Connections: Make initial connections using tap settings indicated on Drawings.
GROUNDING
A.
Ground cable shields and equipment to eliminate shock hazard and to minimize ground loops, common-mode
returns, noise pickup, cross talk, and other impainnents.
B.
Signal Ground Terminal: Locate at main equipment cabinet. Isolate from power system and equipment
grounding.
FIELD QUALITY CONTROL
A.
Operational Test: Perform tests that include originating program and page material at microphone outlets,
preamplifier program inputs, and other inputs. VerifY proper routing and volume levels and freedom from
noise and distortion. Correct deficiencies andretest, if required.
B.
Inspection: VerifY that units and controls are properly labeled and interconnecting wires and terminals are
identified. Prepare a list of fmal tap settings of paging speaker-line matching transformers.
END OF SECTION 16726
PUBLIC ADDRESS SYSTEMS
16726- 4
CITY OF MERIDIAN
MERIDIAN FIRE DEPARTMENT
EAGLE ROAD STATION
MERIDIAN, IDAHO
NOTICE TO PROCEED
TO:
Ms. Susan Record. CFO/Secretary
RSCI
1854 E. Lanark
Meridian. Idaho 83642
DATE: 8 August 2005
You are hereby notified to commence WORK in accordance with the Agreement dated 8 August
2005 on or before 15 August 2005. and you are to complete the WORK within~consecutive
calendar days thereafter. The date of completion of all WORK is therefore 11 January 2006.
By
this the
eceipt of the above NOTICE TO PROCEED is hereby acknowledged by RSCI.
/ (, ~ dayof A~,;s ¡
L ~
Susan Rifcord
, 2005.
By
Title
CFO/Secretary