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Home My WebLink About2004-270 1997 Edition - Electronic Format N Z � U AIA Document B141 - 1997 Standard Form of Agreement Between Owner and Architect with Standard Form ofArchltect 's Services This document has important legal consequences. Consultation with an TABLE OF ARTICLES attorney is encouraged with respect to its completion or modification. 1 . 1 INITIAL INFORMATION AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING 1 . 2 RESPONSIBILITIES OF THE PARTIES AIA DOCUMENT D401. 1 . 3 TERMS AND CONDITIONS 1 . 4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1 . 5 COMPENSATION AGREEMENT made as of the 2nd day of November in the year 2004 (In words, indicate day, month and year) BETWEEN ther-ehitee* 's I identified ` '" Owner: (Name, and address md eMff infema&w) Indian River County Board of County Commissioners 1840 25th Street Vero Beach , Florida 32960 and the Architect: (Name, and address and e6§ePiBfeFma6eR) Clemons Rutherford & Associates . Inc . 2027 Thomasville Road , Tallahassee . FL 32308 (850 ) 385-6153 Fax : (850 ) 386-8420 For the following Project: (include detailed description ofProject) Indian River County Jail Addition and Renovation located at 4055 41 st Avenue . Vero Beach . Florida . © 1997 AIA® AIA DOCUMENT 8141 - 1997 The scope or work consists of a new 256 bed housing unit designed after the STANDARD FORM AGREEMENT Hillsborough Counly Model utilizing direct supervision : new warehouse building : expanded vehicular sallyport• expanded kitchen area : new visitor processing areas new tele-visiting The American Institute of Architects area : new medical area ; renovate intake and release are and associated site work and 1735 New York Avenue N .W. fencing . Washington, D . C . 20006-5292 The Owner and Architect agree as follows. 1917, 1926, 1948, 1951, 1953, 19580 1961 , 19630 1966, 19671 1970, 1974, 19771 1987, 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as ��- noted below. expiration as noted below . User Document: cra - jail -97bl41 .aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004 . 1 ARTICLE 1 . 1 INITIAL INFORMATION 144 This Agrmeement is based en the fellewing infiarma4iefi and TMY y4yBte�lle�iSpBSr1lBR -f9F-fobe fe&i14flg42R1S*-M&eF6g-4he requesmd infe 4817BR -er-a StBfER32Rf �8E�33S-IlBt- 1 . 1 . 2 PROJECT PARAMETERS 1 . 1 . 2 . 1 The objective or use is: (Identifyordescnhe, ifappropriate, proposed use orgoals.) To expand the housing units by increasing the number of beds by 256 utilizing a design currently found in Hillsborough County using direct supervision of inmates : and This document has important legal new, expanded or renovated support facilities including a new warehouse expanded consequences. Consultation with an vehicular sallyport a new visitor processing area expanded kitchen area . a new attorney is encouraged with respect to televisiting area renovation of intake and release area and associated site its completion or modification. improvements including security fencing A master site plan for the additional AUTHENTICATION OF THIS roe o the East for future expansion . ELECTRONICALLY DRAFTED AIA p P �Xt- p DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 1 . 1 . 2 . 2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) All improvements will be on either the existing fail site or on the a Needs Assessment and Master Plan new acquired property adjacent and east of existing jail facility. 1 . 1 . 2 . 3 The Owner's Program is: (Identify documentation orstate the mannerin which theprogram will be developed.) The planned expansion is based in part on recommendations that are a result of a Needs Assessment and Master Plan for the County Correctional Facility prepared by Carter Goble Lee dated June 2003 . 1 . 1 . 2 . 4 The legal parameters are: (Identify pertinent legal information, including, ifappropnate, land surveys and legal descriptions and restrictions of the site.) Regulatory restrictions and codes of applicable governmenta[ agencies . 1 . 1 . 2 . 5 The financial parameters areas follows. . 1 Amount of the Owner's ever-all cost for the Project, excluding_ real estate acquisition and including the Architect's compensation, is: $ 12 . 534 . 865 . 13 . 2 Amount of the Owner' s budget-fer estimate of the Cost of the Work, excluding permit and construction fees furniture fixtures and equipment and the Architect's compensation, is: S1 Q.242 . 103 . 85 obt 1 . 1 . 2 . 6 The timeparameters are: (Identify, ifappropnate, milestone dates, durations or fast track scheduling.) Owner/Architect Agreement finalized November 2004 . Due to population growth of inmates time is of the essence . It is the County's desire © 1997 AIA® to complete this roject within the shortest reasonable time . Architect shall coodiante AIA DOCUMENT 8141 - 1997 with County in developing a fast tract schedule to eliminate undue extended time STANDARD FORM AGREEMENT before inmates can occupy new housing units . The American Institute of Architects 1735 New York Avenue N .W. Washington, D . C . 20006-5292 1 . 1 . 2 . 7 The proposed procurement or delivery method for the Project is : (Identify method such as competitive bid, negotiated contract, or construction management.) Construction Mangement at risk using General Contractors licensed , insured and 1917, 19261 1948, 19511 19531 1958, 1961, 1963, 1966, 1967, 19701 1974, 1977, 19871 m 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document : cra - jail -97bl41 . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 2 bonded in the State of Florida . 1 . 1 . 2 . 8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) All elements or combination of elements of design shall conform to applicable regulatory requirements of agencies having jurisdiction over the project as a whole . 1 . 1 . 3 PROJECT TEAM 1 . 1 . 3 . 1 The Owner's Designated Representative is: (List name, and address.) Mr. Thomas W . Frame . General Services Director 1840 25th Street Vero Beach FL 32960 This document has important legal consequences. Consultation with an 1 . 1 . 3 . 2 The persons or entities, in addition to the Owner's Designated Representative if any, attorney is encouraged with respect to who are required by the owner to review the Architect's submittals to the Owner are : its completion or modification. (List nam , and address.) AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA Mr. Lynn Wiliams Superintendent of Buiding & Grounds DOCUMENT MAY BE MADE BY USING 1840 25th Street , Vero Beach , FL 32960 AIA DOCUMENT D401 . Captain Bill McMullen Corrections Administrator Indian River County Jail 4055 41 st Avenue . Vero Beach , FI 32960 1 . 1 . 3 . 3 The Owner's other consultants and contractors i. f any. are: (List discipline and, ifknown, identify them byname and address.) None 1 . 1 . 3 . 4 The Architect's Designated Representative is: (List name, and address.) William D . Rutherford , Architect . Blakeley Bruce, Architect 2027 Thomasville Road , Tallahassee , Florida 32308 1 . 1 . 3 . 5 The consultants retained at the Architect's expense are : (List discipline and, ifknown, identify them byname and address.) Hines Hartman & Associates Inc - Mechanical Electrical . Plumbing Engineers . 114 East Fifth Avenue , Tallahassee , FI 32303 Kimley- Horn and Associates . Inc . - Civil Engineers 601 21st Street . suite 400 . Vero Beach , Fl 32960 Johnson and Reeves Engineering , Structural Engineers . 175 Belmont Drive , Dothan , Al 36305 f + © 1997 AIA® 1 . 1 . 5 When the services under this Agreement include contract administration services, the AIA DOCUMENT 8141 - 1997 General Conditions of the Contract for Construction shall be the 1997 edition of AIA STANDARD FORM AGREEMENT Document A2oi as modified a copy of which modified AIA Document A201 is attached hereto as Exhibit B . F • h- e date of this Agreement, as fellews: The American Institute of Architects 1735 New York Avenue N .W. Washington, D .C . 20006-5292 . The infermatieri eefAained -in 4his Miele -�-t -tom -be reasenal -elied npea * 4ie - 9NffieF -allynz aci itect -in deteffnining 4herrehi`ceet''s Eempensafien. 4kAh pai4ies, -at vwcTcr r-eEegnize-tl• at-suei3 nfeFmatien -Hiaj= ehange-and-, -iFt441at event,4he QwReF-&a44l3e A zhiteet- shaU negotiate appropriate 3djuStfaettyh3 schedule, compensation -and Change -in Selvices-ift- aerzer,danee with Pafagr-aph t.3;5. O 19171 1926, 1948, 1951 , 1953, 195 , 1961, 1963, 19661 1967, 1970, 1974, 1977, 1987, 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below . User Document : cra - jail -97bl41 .aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004 . 3 ARTICLE 1 . 2 RESPONSIBILITIES OF THE PARTIES 1. 24 The Owner -and -the ^z achitect -skull ceeper-ate -yitl3 ene -anther 4e -f llfill 4heir - respeetfVe �l�ligatierns �ndef this �� -BothpaFties �kall � :oz to �x geed - 1 . 2 . 2 OWNER 1 . 2 . 2 . 1 Unless otherwise provided under this Agreement, the Owner shall consult with Architect and provide such timely information as may be reasonably necessary for the Architect to perform Architect's services .previde 4ug infer3natienn 4n -a rely manfle - regaFding -teguir-ements -fef -and limitatiees -ea 4he PrejeEt. -The mer -shall wish -te -the - A 'ter; % itk4i.-t54ays-afEer reeeipt-ofamittern request; infeffflatienflecessay-andY-elevant- for- the n ti : a a e*aluate, give etice e f er- eaferee lien right This document has important legal consequences, Consultation with an 1 . 2 . 2 . 2 The Owner shall establish and periodically update the budget for the Project, attorney is encouraged with respect to including that portion allocated for the Cost of the Work. The Owner -shall -netsignificant - its completion or modification. inEFease-ef deer-ease4heeverall budget, 4he peitien of the budget alleca4ed4ef4he-Fest of the_ AUTHENTICATION OF THIS Wer-1F Eentingencies ded-in-the ever-all b -eF-a peftien ef-the budget, , . 4he- ELECTRONICALLY DRAFTED AIA agr-eeinen{ Fawn n r-eh tee a , a ria ; g change al D. : .-a „ a ,. lity. DOCUMENT MAY BE MADE BY USING eeFFes+ AIA DOCUMENT MI. 1 . 2 . 2 . 3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be- authefized ae aE en the Owner-'s b..hal represent the owner with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 1 . 2 . 2 . 4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1. 1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1 . 2 . 2 . 5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1 . 2 . 2 . 6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1 . 2 . 23 While the Owner has no affirmative duty to become aware of same . the The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's instfumencs of SeMee drawings specifications or other documents . 1% .a qr. 1-r 1 . 2 . 3 ARCHITECT 1 . 2 . 3 . 1 The services performed by the Architect, Architect' s employees and Architect's consultants shall be as enumerated herein and in those documents enumerated in Article 0 1997 AIA® 1.4. The Architect shall be responsible for the Architect's negligent acts and AIA DOCUMENT B141 - 1997 omissions . STANDARD FORM AGREEMENT 1 . 2 . 3 . 2 The Architect' s services shall be performed as expeditiously as is consistent with The American Institute of Architects professional skill and care and the orderly progress of the Project. The Architect shall submit for 1735 New York Avenue N .W. the Owner's approval a schedule for the performance of the Architect's services which initially Washington, D .C . 20006-5292 shall be consistent with the time periods established in Subparagraph 1. 1. 2. 6 and which shall-be- adjusted; -if neEessafy may be adjusted if necessark and through no fault of the 0 19170 1926, 194 , 19510 1953, 1958, 1961 , 1963, 1966, 1967, 1970, 1974, 1977, 1987o 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U . S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below . User Document : lira - jail -97bl41 . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 4 Architect, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner' s review, for the performance of the Owner's consultants ifif anv, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1 . 2 . 3 . 3 The Architect's Designated Representative identified in Paragraph 1. 1. 3 shall be authorized to act on the Architect' s behalf with respect to the Project. 1 . 2 . 3 . 4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a This document has important legal claim or defense in an adjudicatory proceeding. The Architect shall require of the Architects consequences. Consultation with an consultants similar agreements to maintain the confidentiality of information specifically attorney is encouraged with respect to designated as confidential by the Owner. its completion or modification. AUTHENTICATION OF THIS 1 . 2 . 3 . 5 Except with the Owner's knowledge and consent, the Architect shall not engage in any ELECTRONICALLY DRAFTED AIA activity, or accept any employment, interest or contribution that would reasonably appear to DOCUMENT MAY BE MADE BY USING compromise the Architect' s professional judgment with respect to this Project. AIA DOCUMENT D407 . 1 . 2 . 3 . 6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1 . 2 . 3 . 7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. While the Architect has no affirmative duty to become aware of the same . Te Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1 . 3 TERMS AND CONDITIONS 1 . 3 . 1 COST OF THE WORK 1 . 3 . 1 . 1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 1 . 3 . 1 . 2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. " �. 1 . 3 . 1 . 3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner. © 1997 AIA® AIA DOCUMENT 8141 - 1997 1 . 3 . 2 DRAWINGS , SPECIFICATIONS AND OTHER DOCUMENTS 1NSTRI IMENT-S STANDARD FORM AGREEMENT OF co,-ICE The American Institute of Architects 1 . 3 . 2 . 1 Drawings, specifications and other documents, including those in electronic form, 1735 New York Avenue N .W. prepared by the Architect and the Architect' s consultants are lnstr-ut s -el- Service for use Washington, D . C . 20006-5292 solely with respect to this Project. Any other use shall be at the Owner's sole risk and without liabilily to the Architect or the Architect's consultants . Unless Owner fails 1917, 19260 1948, 1951, 1953, 1 58, 19610 1963, 19661 19670 1970s 1974, 1977, 1987, 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U . S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document : cra - jail -97bl41 .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 5 • At 9 r sle1w,m 0 : 11, • • • • 1 • • • • - • • • • • • • • OWN ; W� w blip Ilk OWN M . usual ii MIN lil ma AlgiWiA I • I I • I • I r 1 r 1 Wo_ • • • • . • - • • A • • 1 - • • • • I • - • • • • 4t4i 1waidWiviom r.1 all 11 Metwifir. 11010 the Architect to any Reimbursable Expenses described in Subparagraph 1. 3.9.2 and Paragraph 1.5.5, 1 . 3 . 3 . 2 If any of the following circumstances affect the Architect's services for the Project, the Architect or the Owner, as appropriate , shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: . 1 change in the instructions or approvals given by the Owner that necessitate revisions in instfuments -ef a drawings specifications or other documents; . 2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared 1nstr-uments -of e drawings specifications or other documents This document has important legal . 3 decisions of the Owner not rendered in a timely manner; consequences. Consultation with an . 4 significant change in the Project including, but not limited to, size, quality, attorney is encouraged with respect to complexity, the Owner's schedule or budget, or procurement method; its completion or modification. AUTHENTICATION OF THIS 5 failure of performance on the part of the Owner or the Owner's consultants ELECTRONICALLY DRAFTED AIA any, or contractors; DOCUMENT MAY BE MADE BY USING . 6 preparation for and attendance at a public hearing, a dispute resolution AIA DOCUMENT D401. proceeding or a legal proceeding except where the Architect is party thereto oris alleged to have committed a wrongful act or omission whcih is subject of such hearing or proceeding; . 7 change in the information contained in Article 1.1. 1 . 3 . 4 MEDIATION 1 . 3 . 4 . 1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arki#r-atiert -er the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation, e . 1 . 3 . 4 . 2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation . Leh,, unless 4he -gaiies - alagree t� .:ise, - shag -be 4a acceFdance nth 41e Genstmetien indust 14edie4ien Rules -of -the American - Ar-bitratien Asseeiatien eutrent -in-e€feE+. Request for mediation shall be filed in writing with the other party to this Agreement and shallbeL . conductedby a Florida certified civil trial mediator agreed upon by the Owner and Architect . -vAth 4he man AFbitratien - Asseciation . The request may be made concurrently with the filing of a i civil action but, in such event, mediation shall proceed in advance of a3bitra#ien -er legal or equitable proceedings, which shag.May be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. z I VW 1 . 3 . 4 . 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 p 1997 AIA® agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements AIA DOCUMENT B141 - 1997 in any court having jurisdiction thereof. STANDARD FORM AGREEMENT -1-,� ARBITRATION The American Institute of Architects ! . 3 . 5 . 1 Aiiy claim, dispute -ef ethe matter -in questieft arising -eut -af -er _relate -to 4his _ 1735 New York Avenue N .W. Agr,eemeat -sha4 -besubjeE 4e arbi4ratiea. Pr-ie 4e ^ "b'�atier4he pa1#ies -shallende�woi4e _ Washington, D . C . 20006-5292 r-eselve disputes i by fnediatieftin acceMance with Paragraph 19171 1926, 19481 1951 , 19531 19580 1961 , 19630 1966, 19671 1970, 1974t 19778 1987, 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document: cra - jail -97bl41 . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 7 Mv fail OWLAwas . . as a Ow A61114 111 111,1011-6110 0 . at I im AN . . . . . •AMMON . a LoOdV � 0, AM was 01 E, 11 MAI WWI lnm� m N WIN r Ming"' INWIP r . • a • O O cr • . • c+ consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1 . 3 . 7 . 5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1 . 3 . 7 . 6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1 . 3 . 7 . 7 Subject to the Owner's prior review and written approval thereof. the The Architect shall have the right to include photographic or artistic representations of the design of This document has important with a the Project among the Architect's promotional and professional materials. The Architect shall consequences. consultation with be given reasonable access to the completed Project to make such representations. However, attorney is encouraged with respect to its completion or modification. the Architect's materials shall not include the Owner's confidential or proprietary information AUTHENTICATION OF THIS if the Owner has previously advised the Architect in writing of the specific information ELECTRONICALLY DRAFTED AIA considered by the Owner to be confidential or proprietary. The Owner sl3all may. in its sole DOCUMENT MAY BE MADE BY USING discretion , provide professional credit for the Architect in the Owner's promotional materials AIA DOCUMENT D401 . for the Project. 1 . 3 . 7 . 8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1 . 3 . 7 . 9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 1 . 3 . 8 TERMINATION OR SUSPENSION 1 . 3 . 8 . 1 If the Owner fails to make payments to the Architect in accordance with this Agreement, the Architect having performed the Architect's obligations hereunder, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of arp oiler suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due , prior to suspension and any itct expenses reasonably incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. © 1997 AIA® AIA DOCUMENT B141 - 1997 1 . 3 . 8 . 2 If the Project is suspended by the Owner for more than 30 consecutive days, through STANDARD FORM AGREEMENT no fault of the Architect. the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for. The American Institute of Architects direct expenses reasonably incurred in the interruption and resumption of the Architect' s 1735 New York Avenue N .W. Washington, D . C . 20006- 5292 services. The Architect' s fees for the remaining services and the time schedules shall be equitably adjusted. m 1917, 19260 1948g 1951, 19530 19581 1961 , 1963, 1966, 1967, 19701 19741 19771 1987, O 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document: cra - jail -97bl41 .aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 9 1 . 3 . 8 . 3 If through no fault of the Architect. the Project is suspended or the Architect' s services are suspended for more than go consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice . 1 . 3 . 8 . 4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 1 . 3 . 8 . 5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 1 . 3 . 8 . 6 In the event of termination not the fault of the Architect, the Architect shall be This document has important legal compensated for services performed prior to termination; together with Reimbursable Expenses consequences. Consultation with an then due and all Termination Expenses as defined in Subparagraph 1. 3. 8.7. attorney is encouraged with respect to its completion or modification. 1 . 3 . 8 . 7 Termination Expenses are in addition to compensation for the services of the AUTHENTICATION OF THIS Agreement and include expenses directly attributable to termination for which the Architect is ELECTRONICALLY DRAFTED AIA not otherwise compensated DOCUMENT MAY BE MADE BY USING f the services . . _F. . ea by h ^ r.-h eiEt. AIA DOCUMENT D401. 1 . 3 . 9 PAYMENTS TO THE ARCHITECT 1 . 3 . 9 . 1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly area within 45 days after presentation of the Architect's properly submitted statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable is responsible. 1 . 3 . 9 . 2 Reimbursable Expenses afe -in additiea4e cempexsatiett -fer- 4he ^ - t's se iees - at,4 inrzlade shall mean reasonable expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: 1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; such reimbursement for travel shall be limited to those purposes and amounts provided for within Section 112 . 061 . Florida Statutes All travel to Indian River county shall be computed on the basis of land miles and be reimbursed at the standard rate of $ . 29 per mile , such charges shall not be greater than a multiple of one point zero ( 1 . 0 ) times the amount properly billed by architect for such travel expenses . . 2 fees paid for securing approval of authorities having jurisdiction over the Project; . 3 reproductions, plots, standard form documents, postage, handling and delivery of ins -umef s of SeF tee drawings specification or other documents ; P-64 . 4 expense of overtime work requiring higher than regular rates if authorized in f • r � writincLin advance by the Owner; . 5 renderings, models and mock- ups requested by the Owner; © 1997 AIA® . 6 expense of professional liability insurance dedicated exclusively to this Project or AIA DOCUMENT B141 - 1997 the expense of additional insurance coverage or limits Rquested re vire by the STANDARD FORM AGREEMENT Owner in excess of that normally carried by the Architect and the Architect's consultants; The American Institute of Architects 1735 New York Avenue N .W. . 7 reimbursable expenses as designated in Paragraph 1.5.5; Washington, D .C . 20006-5292 8 ediff si�ila Preje related. expen tufes an other ex enses direct) related to the Project and reasonably incurred after first recieving the written approval of the Owner. 19171 19260 1948, 1951, 1953, 1958, 19611 1963, 1966, 19670 1970, 1974o 19778 1987, 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document : cra - jail -97bl41 . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 10 1 . 3 . 9 . 3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. 1 . 3 . 9 . 4 Direct Personnel Expense is defined as the direct salaries of the Architect' s personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations and , employee retirement plans_ ARTICLE 1 . 4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS This document has important legal consequences. Consultation with an 1 . 4 . 1 Enumeration of Parts of the Agreement . This Agreement represents the entire and attorney is encouraged with respect to integrated agreement between the Owner and the Architect and supersedes all prior its completion or modification. negotiations, representations or agreements, either written or oral. This Agreement may be AUTHENTICATION OF THIS amended only by written instrument signed by both Owner and Architect. This Agreement ELECTRONICALLY DRAFTED AIA comprises the documents listed below. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 . 1 . 4 . 1 . 1 Standard Form of Agreement Between Owner and Architect, AIA Document Bi4i- 1997 as modified . 1 . 4 . 1 . 2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document Bi4i-1997, eFas fellows: as modified . 1 . 4 . 1 . 3 Other documents as follows: (List other documents, ifany, formingpart oftheAgreement.) Exhibit B AIA Document A201 - 1997 "General Conditions of the Contract for Construction . "as modified . 1 . 4 . 2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: See Attachment "A" and Exhibit "B" . ARTICLE 1 . 5 COMPENSATION 1 . 5 . 1 For the Architect's services as described under Article 1.4, or elsewhere herein . compensation shall be computed as follows: Compensation shall be a stipulated sum of $524 . 378 .44 as determined by applying (5 . 63% ) five point six three percent of the stipululated estimated construction cost of $9 , 311 , 003 . 50 . Payments shall be made to the Architect for his Basic Services as follows at the completion of eachhg ase : Iw, Schematic Design Documents 13% $ 68 . 156 . 77 =' Design Development Documents 17% $ 90 . 875 . 69 Working Drawings 35% $ 181 . 751 . 37 © 1997 AIA® Bidding & Negotiation Phase 04% $22 . 718 . 92 AIA DOCUMENT B141 - 1997 Construction Administration Phase 17% $ 90 . 875 . 69 STANDARD FORM AGREEMENT Civil Engineering & Surveying 14 % $ 70 . 000 . 00 The American Institute of Architects 100 % $ 524 . 378 . 44 1735 New York Avenue N .W. 1 . 5 . 2 If the services of the Architect are changed as described in Subparagraph 1.3. 3.1, the Washington, D . C . 20006-5292 Architect's compensation shall be adjusted. Such adjustment shall be calculated as described 0 19171 1926, 19481 1951, 19530 1958, 19611 1963, 1966, 19671- 1970, 1974, 19771 1987, Q 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U . S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below. User Document : cra - jail -97bl41 . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 11 below or, if no method of adjustment is indicated in this Paragraph 1. 5.2, in an equitable manner. (Insert basis ofcompensation, including rates and multiples ofDirect personnel Expense forprincipals and employees, and identify principals and classify employees, if required. Identify specific senices to which particular methods of compensation apply.) Should the scope of work change or the construction budget increase or decrease . the Owner and Architect will re-negotiate compensation using the attached Department of Management Servies chart Should hourly rates be required , they will be as follows : Wiliam D Rutherford President $ 145 . 00 per hour Blakeley Bruce Architect $ 95 . 00 per hour Jamey Creel Project CAD Technician $ 55 . 00 per hour Martha Davis Specifications $ 75 . 00 per hour This document has important legal Glenda Perry. Clerical Support $ 40 . 00 per hour consequences. Consultation with an Will Rutherford Construction Administration $ 70 . 00 per hour attorney is encouraged with respect to its completion or modification. 1 . 5 . 3 For a Change in Services of the Architect' s consultants, compensation shall be AUTHENTICATION OF THIS computed as a multiple of one point one ( 1_1 ) times the amounts properlybilled to the ELECTRONICALLY DRAFTED AIA ADOCUMENT MAY BE MADE BY USING Architect for such services. AIA DOCUMENT D401 . 1 . 5 . 4 For Reimbursable Expenses as described in Subparagraph 1. 3.9. 2, and any other items included in Paragraph 1.5 . 5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one point one ( 1_1 ) times the expenses incurred by the Architect, and the Architect's employees and consultants unless otherwise noted . 1 . 5 . 5 Other Reimbursable Expenses, if any, are as follows: None 1 . 5 . 6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1 . 5 . 7 An initial payment-e€ Dellars4-44A-be made upeft n of. #his _Ag _�_- .] is the minimum payment ,, der thisAgr-eement. it shalt be ,,dite,7 to the O ,.'s aercetifit at -ffh4 Subsequent payments Payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1 . 5 . 8 Payments are -due -a-H4 payable - 4 - 4 -days -frefft -the -date -ef 4he A _ ' s kwoke , Amounts due and unpaid seventy-five ( 75 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the pr-ineipa place of business of the Ar-ehiteo Project. (Insert rate ofinterest agreed upon.) one percent ( 1 % ) per month (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 Architect 's principal places of business, the location of the project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers) © 1997 AIA® AIA DOCUMENT B141 - 1997 1 . 5 . 9 If the services covered by this Agreement have not been completed within twenty- STANDARD FORM AGREEMENT four ( 24 ) months of the date hereof, through no fault of the Architect, extension of the The American Institute of Architects Architect' s services beyond that time shall be compensated as provided in Paragraph 1.5.2. 1735 New York Avenue N .W. Washington, D . C . 20006-5292 1917, 1 , 14 , 1 5111 50 1958, 191, 19 11 0167, 17 , 174, 177, 1987, 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below. User Document : cra - jail -97bl41 . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004 . 12 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA This Agreement entered into as of the day and year firs tten abDOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. OWNER (Signature)_ / CHIT CT (Signature Caroline D . Ginn , Chairman William D. Ruth ord , President Board of County_Commissioners Clemons Rutherford & Associates . Indian River County Incorg_orated (Printed name and title) (Printed name and title) Approved by-BCC 11 - 02 - 04 Attest: Witnessed by: t B rn Irt it A k iCt Ld) Deputy Clerk RICIA M . RIDG Y Approved as to form and legal Sufficiency William G . Collinsll County Attorney � r h ird 1 © 1997 AIA® n A mini tr for AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N .W. Washington, D .C . 20006-5292 ® 1917, 19268 1948s 1951, 19588 19611 1963, 1966t 19671 1970, 4, 1977, 1987, 0 1997 by The American Indian River Co . Ap roved Date Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions Administration 1;3. without written permission of the AIA violates the copyright laws of the United States and will subject the Legal ti violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will Budget tl subject the violator to legal prosecution . This document was electronically produced with permission of the Department 11 _ l. e ¢ AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document: cra - jail -97bl41 .aia -- 10/29/2004 . AIA License Risk Managment ,r 01, a4 Number 1127252, which expires on 12/31/2004. 13 ATTACHMENT ` A' INDIAN RIVER COUNTY JAIL CONCEPTUAL BUDGET 10/26/04 ITEM AREA(2sf) $$/UNIT $BUDGET$ A/E FEES TOTAL Hillsborough Dorm Model 47 , 351 s . f. $ 128 . 50/s . f. $ 690849603 . 50 $ 201 ,792 . 00 $ 6,2865395 . 50 Warehouse 62000 s . f. $ 100 . 00/s . f. $ 6002000 . 00 $ 45 ,417 . 00 $ 645 ,417 . 00 Secure Sallyport 1 , 800 s . f. $ 100 . 00/s . f. $ 1809000 . 00 $ 159065 . 00 $ 195 , 065 . 00 Kitchen 1 , 500 s . f. $ 125 . 00/s . f $ 1875500 .00 $ 159642 . 00 $ 203342 . 00 Visitor Processing 2,400 s . f. $ 125 . 00/s . f. $ 300 , 000 . 00 $ 24 ,090 . 00 $ 324, 090 . 00 Tele-Visiting" 3 , 000 s . f. $ 125 . 00/s . f. $ 3752000 . 00 $ 299557 . 00 $ 404,557 . 00 New Medical 3 , 500 s . f $ 120 . 00/s . f. $ 4209000 . 00 $ 32,787 . 00 $ 452,787 . 00 Intake & Release Renovation 5 , 000 s . f. $ 115 . 00/s . f. $ 575 ,000 . 00 $ 439687 . 00 $ 6182687 .00 Site Perimeter Fencing 422001. f. $ 42 . 00/l. f. $ 176 ,400 . 00 $ 14,788 . 00 $ 1911188 . 00 Site Construction 2 . 5 acres $ 165 , 000/acre $ 4129500 . 00 $ 32,251 . 00 $ 444,751 . 00 Civil Engineering $ 709000 . 00 $ 70, 000. 00 Subtotal $ 993112003 . 50 $ 525 , 076 . 00* $ 9, 836, 079 . 50 Contingency @ 10% $ 931 , 100 . 35 $ 529507 . 60 $ 98307 . 95 TOTAL BUDGET $ 109242 . 103 . 85 $ 5779583 .60 $ 10,8199687.45 *The actual amount of fee negotiated is $524,378.44. If the actual construction cost differs from the above estimate, our fee will be adjusted accordingly. See Article 1 .5.2 of the AIA Contract. * *Above costs do not include video visitation equipment or structured cabling for video visitation. Sheriffs staff sated they would provide equipment and cabling. CLEMONS, RUTHERFORD & ASSOCIATES, INC. Architects ■ Planners ■ Interior Designer ■ Construction Managers 2004 FEE SCHEDULEMOURLY RATES ARCHITECTURAL & INTERIOR DESIGN SERVICES The basic hourly rates for all architectural and interior design disciplines are listed below. Principal-In-Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $145 .00 Project Manager a a 95 .00 Project Interior Designer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 .00 Project Designer . 5 & 8 0 a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 4 75 .00 Specification Writer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a a d a 9 a 8 75 . 00 Construction Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00 Drafting : Senior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a $55 .00 . Junior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 .00 Clerical/Support Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a a 40.00 Architects • Planners • Interior Designers • Construction Managers 2027 Thomasville Road • Tallahassee, Florida 32308 • P.O. Box 13739 • Tallahassee Florida 32317-3739 (850) 385-6153 • Fax (850) 3864420 G:Wwketing\ Hour C'RA ty Rates wpd 1997 Edition - Electronic Format AIA Document B141 - 1997 Standard Form of Architect's Services: Design and Contract Administration This document has important legal TABLE OF ARTICLES consequences. Consultation with an attorney is encouraged with respect to 2 . 1 PROJECT ADMINISTRATION SERVICES its completionmodification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 2 . 2 SUPPORTING SERVICES DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 . 2 . 3 EVALUATION AND PLANNING SERVICES 2A DESIGN SERVICES 2 . 5 CONSTRUCTION PROCUREMENT SERVICES 2 . 6 CONTRACT ADMINISTRATION SERVICES 2 . 7 FACILITY OPERATION SERVICES 2 . 8 SCHEDULE OF SERVICES 2 . 9 MODIFICATIONS ARTICLE 2 . 1 PROJECT ADMINISTRATION SERVICES 2 . 1 . 1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with others as appropriate: mex43ers of the Preject team and issue progress reports to the owner. The Architect shall coordinate the services provided by the Architect and the Architect' s consultants with those services provided by the Owner and the Owner's consultants i, f any. 2 . 1 . 2 When Project requirements have been sufficiently identified, the Architect shall NP. f• • • - •,f prepare, and periodically update for the Owner's approval , a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of C 1997 AIA® construction and Substantial Completion of the Work. AIA DOCUMENT B141 - 1997 STANDARD FORM AGREEMENT 2 . 1 . 3 The Architect shall consider and discuss with the Owner, the value of alternative materials, building systems and equipment, together with other considerations based on The American Institute of Architects program, budget and aesthetics in developing the design for the Project. 1735 New York Avenue N .W. Washington, D .C . 20006-5292 2 , 1A Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. O 19170 1926F 1948, 19510 1953, 1958, 19618 1963, 1966, 1967, 1970, 1974o 19770 1987, 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document : cra - jail -97bl41 .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 14 2 . 1 . 5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Subject to the provisions contained in the next sentence hereof. the Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. The Owner's approval of the Architect's design documents contemplated herein and hereinbelow shall not be for the purpose of determining the accuracy, adequacy or completeness of such documents and shall not alter the Architect's responsibilites hereunder with respect to such documents . 2 . 1 . 6 The Architect shall assist the Owner in connection with the Owner's responsibility for This document has important legal filing documents required for the approval of governmental authorities having jurisdiction over consequences. Consultation with an the Project. attorney is encouraged with respect to its completion or modification. 2 . 1 . 7 EVALUATION OF BUDGET AND COST OF THE WORK AUTHENTICATION OF THIS 2 . 1 . 7 . 1 When the Project requirements have been sufficiently identified, the Architect shall ELECTRONICALLY DRAFTED AIA MADE BY USING prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current AIA DOCUMENT DOCUMENT MAY BE BE area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget-a*d4heOwne - 2 . 1 . 7 . 2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions . Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. 2 . 1 . 7 . 3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include reasonable contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction acceptable to Owner are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project acceptable to Owner and to include in the Contract Documents alternate bids acceptable to Owner as may be necessary to adjust the estimated Cost of the Work to meet ,� the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor and not attributable to negliaence of the Architect causes the budget for the Cost of the Work to be exceeded, that p 1997 AIA® budget shall be increased accordingly AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT 2 . 1 . 7 . 4 If bidding or negotiation has not commenced within go days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall The American Institute of Architects be reviewed and if necessary adjusted to reflect changes in the general level of prices in the 1735 New York Avenue N .W. construction industry. Washington, D .C . 20006-5292 O 19171 1926, 1948, 1951, 1953, 1958, 1961, 1963, 19660 1967, 1970, 1974, 1977, 1987, m 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document: cra - jail -97bl41 . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 15 2 . 1 . 7. 5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: . 1 give written approval of an increase in the budget for the Cost of the Work; . 2 authorize rebidding or renegotiating of the Project within a reasonable time; . 3 terminate in accordance with Subparagraph 1.3. 8.5; or . 4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. 2 . 1 . 7 . 6 If the Owner chooses to proceed under Clause 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this This document has important legal Paragraph 2. 1.7. The Architect shall be entitled to compensation in accordance with this consequences. Consultation with an Agreement for all services performed whether or not construction is commenced. attorney is encouraged with respect to its completion or modification. ARTICLE 2 . 2 SUPPORTING SERVICES AUTHENTICATION OF THIS 2 . 2 . 1 Unless specifically designated in Paragraph 2. 8.3, the services in this Article 2. 2 shall be ELECTRONICALLY DRAFTED AIA provided b the Owner or the Owners consultants and contractors. DOCUMENT MAY BE MADE BY USING P Y AIA DOCUMENT D401. 2 . 2 . 1 . 1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. 2 . 2 . 1 . 2 The Omer Architect shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 2 . 2 . 1 . 3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2 . 3 EVALUATION AND PLANNING SERVICES 2 . 3 . 1 The Architect shall provide a written preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect +, shall review such information to ascertain that it is consistent with the requirements of the f •, ; ' Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. © 1997 AIA® 2 . 3 . 2 The Architect shall provide a preliminary evaluation of the Owner' s site for the Project AIA DOCUMENT 8141 - 1997 based on the information provided by the Owner of site conditions, and the Owner's program, STANDARD FORM AGREEMENT schedule and budget for the Cost of the Work. The American Institute of Architects 1735 New York Avenue N .W. 2 . 3 . 3 The Architect shall review the Owner' s proposed method of contracting for Washington, D .C . 20006-5292 construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. 1917; 19261 1948, 19511 1953, 1958, 19611 1963, 1966, 1967l 1970, 1974, 1977, 1987, Q 1997 by The Amencan Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document: cra - jail -97bl41 .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 16 ARTICLE 2 . 4 DESIGN SERVICES 2 . 4 . 1 The Architect's design services shall include normal structural, civil . mechanical and electrical engineering services. 2 . 4 . 2 SCHEMATIC DESIGN DOCUMENTS 2 .4 . 2 . 1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and This document has important legal construction materials shall be noted on the drawings or described in writing. consequences. Consultation with an attorney is encouraged with respect to 2 . 4 . 3 DESIGN DEVELOPMENT DOCUMENTS its completion or modification. 2 . 4 . 3 . 1 The Architect shall provide Design Development Documents based on the approved AUTHENTICATION OF THIS Schematic Design Documents and updated budget for the Cost of the Work. The Design ELECTRONICALLY DRAFTED AIA Development Documents shall illustrate and describe the refinement of the design of the DOCUMENT MAY BE MADE BY USING Project, establishing the scope, relationships, forms, size and appearance of the Project by AIA DOCUMENT D401. means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. 2 . 4 . 4 CONSTRUCTION DOCUMENTS 2 . 4 . 4 . 1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. 2 . 4 . 4 . 2 During the development of the Construction Documents, and as requested by the Owner. the Architect shall assist the Owner in the development and preparation of ( i) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and ( 2) the Conditions of the Contract for Construction ( General, Supplementary and other Conditions) . The Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2 . 5 CONSTRUCTION PROCUREMENT SERVICES 2 . 5 . 1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. 2 . 5 . 2 The Architect shall assist the Owner in establishing a list of prospective bidders or ff . : contractors. 2 . 5 . 3 The Architect shall assist the Owner in bid validation or proposal evaluation and © 1997 AIA® determination of the successful bid or proposal, if any. If requested by the Owner, the Architect AIA DOCUMENT 8141 - 1997 shall notify all prospective bidders or contractors of the bid or proposal results. STANDARD FORM AGREEMENT The American Institute of Architects 2 . 5 . 4 COMPETITIVE BIDDING 1735 New York Avenue N .W. 2 . 5 . 4 . 1 Bidding Documents shall consist of bidding requirements, proposed contract forms, Washington, D . C . 20006-5292 General Conditions and Supplementary Conditions, Specifications and Drawings. O 1917, 1926t 1948, 19511 1953, 195 , 1961, 1963, 1966, 1967, 19701 19740 19771 19871 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document : cra - jail -97bl41 . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 17 2 . 5 . 4 . 2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. 2 . 5 . 4 . 3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. 2 . 5 . 4 . 4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and , with the concurrence of the Owner, shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. This document has important legal consequences. Consultation with an 2 . 5 . 4 . 5 The Architect shall participate in or, at the Owner's direction, shall organize and attorney is encouraged with respect to conduct a pre -bid conference for prospective bidders. its completion or modification. AUTHENTICATION OF THIS 2 . 5 . 4 . 6 The Architect shall prepare responses to questions from prospective bidders and ELECTRONICALLY DRAFTED AIA provide clarifications and interpretations of the Bidding Documents to all prospective bidders DOCUMENT MAY BE MADE BY USING in the form of addenda. AIA DOCUMENT D401 . 2 . 5 . 4 . 7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. 2 . 5 . 5 NEGOTIATED PROPOSALS 2 . 5 . 5 . 1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. 2 . 5 . 5 . 2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. 2 . 5 . 5 . 3 If requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. 2 . 5 . 5 . 4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and . with concurrence of the Owner, shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. 2 . 5 . 5 . 5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. ARTICLE 2 . 6 CONTRACT ADMINISTRATION SERVICES 49ps � . -W 2 . 6 . 1 GENERAL ADMINISTRATION 2 . 6 . 1 . 1 The Architect shall provide administration of the Contract between the Owner and p 1997 AIA® the Contractor as set forth below and in the modified 1997 edition of AIA Document A2oi, AIA DOCUMENT 8141 - 1997 General Conditions of the Contract for Construction, current -as -e€ Oke 4ate -ef 4his - STANDARD FORM AGREEMENT Agree rnerAattached hereto as Exhibit B . Further modifications Moderation made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable The American Institute of Architects under this Agreement only to the extent that they are consistent with this Agreement or 1735 New York Avenue N .W. approved in writing by the Architect. Washington, D .C . 20006-5292 O 1917, 1926, 19481 1951, 1953, 1 58, 1961, 1963, 1996, 19671 1970, 1974, 1977, 1987, Q 1 7 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document : cra - jail -97bl41 . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 18 2 . 6 . 1 . 2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Paragraph 2. 8.2 when Contract Administration Services extend 6o days after the date of Substantial Completion of the Work. 2 . 6 . 1 . 3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2 . 6 . 1 . 4 Duties, responsibilities and limitations of authority of the Architect under this Article This document has important legal 2. 6 shall not be restricted, modified or extended without written agreement of the Owner and consequences. Consultation with an Architect_ ' + '' + F + � r + which + n . ^+ > ^ • . . -^ ^^ ^ t-t. . . . . t, h ^l 7 attorney is encouraged with respect to rzense- - - the = - - -- - torr, - - - e - - - u - eas e a withheld. n . its completion or modification. . AUTHENTICATION OF THIS 2 . 6 . 1 . 5 The Architect shall review pFepeF pfepafed. 4inzely and respond t0 reasonable ELECTRONICALLY DRAFTED AIA requests by the Contractor for additional information about the Contract Documents. A- DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 . a4efm prepared -er apffeved * 4heArchiterzt -afidinelude -a detailed mitten statement - di4 indicates-the spee-ife Dregs-e> p^r' fieatiens-in-pseed of. Elan- ien n ^ a + '' ^ . � • . _ the clar-ifirzatien requested. 2 . 6 . 1 . 6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. 2 . 6 . 1 . 7 The Architect shall initially interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2 . 6 . 1 . 8 intefpretatiens Initial interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such initial interpretations and initial _ decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of initial interpretations or decisions so rendered in good faith. 2 . 6 . 1 . 9 The Architect shall render initialdeEisiets recommendations on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2 . 6 . 2 EVALUATIONS OF THE WORK 2 . 6 . 2 . 1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner © 1997 AIA® and the Architect in Article 2. 8, ( 1) to become gener-a familiar with and to keep the Owner AIA DOCUMENT 8141 - 1997 informed about the progress and quality of the portion of the Work completed, ( 2) to endeavor STANDARD FORM AGREEMENT to guard the Owner against defects and deficiencies in the Work, and ( 3) to determine in- geneFal if the Work is being performed in -amanna ating -thwt41., A F �vhen f>�lly - The American Institute of Architects eempleted,wi l-be in accordance with the Contract Documents. r-, 4he Arehiteet Shwll- 1735 New York Avenue N .W. ne8-ber-ed4e make e t -eF centinuous en site inspectiens-l:e ehee 4he qua -eF- Washington, D . C . 20006-5292 guanti -of -the mak: 4he " eh i eet -&hall neithe -have eeatr-el ever -eF -eharge -ofi, ner -be - respensible-fqi�y4he censtFuctien means, --a +i t ed"s,, =teehniquE5; sequene2S-eFpr-eeeduFes,-eF-feE- 1917, 19261 1948, 19511 1953g 19581 1961 , 1963, 1966, 19671 1970, 19741 19771 1987l ® 1 97 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document : cra - jail -97bl41 . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 19 safety meati iens -ate pEegr-affis -in Eennection -with 4he Werk, since -these -afe -selely 4he - 2 . 6 . 2 . 2 The Architect shall report to the Owner in writing known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However-, 4he "h 'tet -shall -net -be r-espeasible -fer Oke Contractor's failure 4e - perffeffn 4he Werk -ie ase -with Oke fe"iFements -of the mare its. -The - eentrel every-ehwge ef-and-shafl-net-be respeasible4eF-aets-eF emissiens of theGeatfaetef.- Sencentfactefs, -eF -their agents -of empleyees -of-afty ether persons -eF entities pefferming - pertieus of the We-1F 2 . 6 . 2 . 3 The Architect shall at all times have access to the Work wherever it is in preparation or This document has important legal progress. consequences. Consultation with an attorney is encouraged with respect to its completion or modification. 2 . 6 . 2 . 4 Except as otherwise provided in this Agreement,, of when ElifeEt EemmuniEatieffs - AUTHENTICATION OF THIS have -been specially autherized, the Owner shall initiallyendeavor to communicate with the ELECTRONICAUY DRAFTED AIA Contractor through the Architect about matters arising out of or relating to the Contract DOCUMENT MAY BE MADE BY USING Documents. Communications by and with the Architect's consultants shall be through the AIA DOCUMENT D401. Architect. 2 . 6 . 2 . 5 The Architect shall have aetherity 4e 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 the provisions of the Contract Documents, 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 or the Owner to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2 . 6 . 3 CERTIFICATION OF PAYMENTS TO CONTRACTOR 2 . 6 . 3 . 1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Paragraph 2. 6.2 and on the data comprising the Contractor's 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 {-4-te evaluatien ef the- Wofk -fer Eenfe Ee with -the GentrarA -Dee tents upen Substantial Gempletiefl, -(-24 4e - resuks -of subsequent tests -and inspeEtiens, 43} to correction of minor deviations from the Contract Documents prior to completion, and (4} to specific qualifications expressed by the Architect. The issuance of a Certificate of Payment shall further constitute a representation that the Contractor is entitiled to payment in the amount certified . , , A 2 . 6 . 3 . 2 The issuance of a Certificate for Payment shall not be a representation that the Architect has ( 1 ) made exhaustive or continuous on-site inspections to check the quality or p 1997 AIA® quantity of the Work, ( 2) reviewed construction means, methods, techniques, sequences or AIA DOCUMENT 8141 - 1997 procedures, (3) reviewed copies of requisitions received from Subcontractors and material STANDARD FORM AGREEMENT suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously The American Institute of Architects paid on account of the Contract Sum. 1735 New York Avenue N .W . Washington, D . C . 20006-5292 2 . 6 . 3 . 3 The Architect shall maintain a record of the Contractor's Applications for Payment. 0 19171 19268 1948, 19511 1953, 19581 1961, 1963, 19660 19671 1970, 1974, 1977, 1987, Q 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . User Document: cra - jail -97bl41 . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 20 2 . 6 . 4 SUBMITTALS 2 . 6 . 4 . 1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall 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 review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents . The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, This document has important legal sequences or procedures. The Architect' s approval of a specific item shall not indicate approval consequences. Consultation with an of an assembly of which the item is a component. attorney is encouraged with respect to its completion or modification. 2 . 6 . 4 . 2 The Architect shall maintain a record of submittals and copies of submittals supplied AUTHENTICATION R THIS ELECTRONICALLY DRAFTED AIA by the Contractor in accordance with the requirements of the Contract Documents. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2 . 6 .4 . 3 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 Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2 . 6 . 5 CHANGES IN THE WORK 2 . 6 . 5 . 1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect maywith proper approval of the Owner. authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Paragraph 2. 8.2. 2 . 6 . 5 . 2 The Architect shall review pfope epared, 4kvp 1p reasonable requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A pr-epef4y pfeparzed request fer- a change ift the Work shall be accempanied43y- suffleient sapperting -dala -and kifeffnatien -te permit 4heAfehiteet -te make -a reasenable - detefminafiefl witheut eK4eftsive invesfigatien -eF -1fepar-atiem -of additional kgs -eF - specifieatiens. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may with �, ,� the prior approval of the Owner, issue an order for a minor change in the Work or —;r recommend to the Owner that the requested change be denied. © 1997 AIA® 2 . 6 . 5 . 3 If the Architect determines that implementation of the requested changes would AIA DOCUMENT 8141 - 1997 result in a material change to the Contract that may cause an adjustment in the Contract Time STANDARD FORM AGREEMENT or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon The American Institute of Architects information furnished by the Contractor, if any, the Architect shall estimate the additional cost 1735 New York Avenue N .W. and time that might result from such change, including any additional costs attributable to a Washington, D . C . 20006-5292 Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. 1917, 1926, 19480 1 1 , 19531 19588 1 1, 1963, 1966, 19671 1970, 19741 19771 1987, 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document : cra - jail -97bl41 . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 21 2 . 6 . 5 . 4 The Architect shall maintain records relative to changes in the Work. 2 . 6 . 6 PROJECT COMPLETION 2 . 6 . 6 . 1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner' s review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2 . 6 . 6 . 2 The Architect's inspection shall. at the option of the Owner, be conducted with the This document has important legal Owner's Designated Representative to check conformance of the Work with the requirements consequences. Consultation with an of the Contract Documents and to verify the accuracy and completeness of the list submitted attorney is encouraged with respect to by the Contractor of Work to be completed or corrected. its completion or modification. AUTHENTICATION OF THIS 2 . 6-6-3 NQen4heMlnr-k4s f6tnd4e-be substantiallyfemplete,� A�hr�:-'c-513a11-�fern3-the- ELECTRONICALLY DRAFTED AIA 9wneF abeut4he balanEe of the z reFnaiittng-te43e-paid , including. DOCUMENT MAY BE MADE BY USING aff t wide t pay a_ final cempletien EeFFeefien o f the Werk. AIA DOCUMENT MI. 2 . 6 . 6 . 4 The Architect shall receive from the Contractor and forward to the Owner: ( 1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and ( 2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2 . 7 FACILITY OPERATION S�ELR� V� IIC� .E„S_ � L �1 � T1 The A •.z-acL�'IIIceet -JIYi12Y -meet -yAth4he Qwner- -eF4he 'Owner-'s Designated Representative - promptly 2. 7-. 2 Upon request of-the Owner-, -axd-pFieF4e4he expiratiee of enetear €rem4he4ate-ef- 1F Designated n ep =`= e -te -TyieN 4he facil epeFations -a-nd pc -and -tA Fngw - ARTICLE 2 . 8 SCHEDULE OF SERVICES 2 . 8 . 1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Paragraph 1.3.3: 1 up to two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. . 2 up to fQ* ( 40 ) visits to the site by the Architect over the duration of the Project during construction. . 3 up to two ( 2 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the , , requirements of the Contract Documents. . 4 up to two ( 2 ) inspections for any portion of the Work to determine final completion. © 1997 AIA® AIA DOCUMENT 8141 - 1997 2 . 8 . 2 The following Design and Contract Administration Services shall be provided by the STANDARD FORM AGREEMENT Architect as a Change in Services in accordance with Paragraph 1. 3.3: } r-evieN -Of.-a Ge -'S submitta} sequence 4he submittal s - The American Institute of Architects ^ a � � __ _.„ a_ to ►..', .__t,_. A _chit ,. , . . 1735 New York Avenue N .W. 4 respenses-te-the GeFztFaefeF's r-equests-feFkifer-matien where surzh infeEmatien is- Washington, D . C . 20006-5292 available4e4heGentr-aaeF -a eare€el-study-aFideempaFisee ef-the Gex#Fact- Deeuments, -field cenditiens; etheF hided iifeFinatien, GefttFaetef- 1 171 1926, 19481 1951 , 1953, 1 5 , 1961 , 19631 1966, 1967, 1970; 1974, 1977, 1987, 0 1997 by The American Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U . S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document : cra - jail -97bl41 .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 22 pfepar-ed rzeefdimatien drawings, -eF der- PrejeE# eeffespendenEe -of - d . 3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Irtstrats -of Seree drawings specifications or other documents , and not resulting from the Architect's negli eg_ nce; . 4 providing consultation concerning replacement of Work resulting from fire or other cause , not the fault of the Architect, during construction; . 5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work. rovided . that such claims do not assert fault on the part of the Architect . 6 evaluation of substitutions proposed by the Owner's consultants i, f any. or This document has important legal contractors and making subsequent revisions to lastftiments -ef Vie_ consequences. Consultation with an drawings , specifications or other documents resulting therefrom; attorney is encouraged with respect to 7 preparation of design and documentation for alternate bid or proposal requests its completion or modification. AUTHENTICATION OF THIS proposed by the Owner; or ELECTRONICALLY DRAFTED AIA . 8 Contract Administration Services provided 6o days after the date of Substantial DOCUMENT MAY BE MADE BY USING Completion of the Work, but only to the extent that the performance of AIA DOCUMENT D401. such Services is rendered more expensive to the Architect thereby. 2 . 8 . 3 The Architect shall furnish or provide the following services only if specifically designated or otherwise specified herein : Services Responsibility Location of Service (Architect, Owner or Not Provided) Description .1 Programming N/A N/A . 2 Land Survey Services Architect Basic Services . 3 Geotechnical Services Owner .4 Space Schematics/Flow Diagrams N/A N/A .5 Existing Facilities Surveys Architect Basic Services . 6 Economic Feasibility Studies Owner .7 Site Analysis and Selection N/A N/A . 8 Environmental Studies and Owner Reports .g Owner-Supplied Data Architect Basic Services Coordination . 10 Schedule Development and Architect Basic Services Monitoring .0 Civil Design Architect Basic Services . 12 Landscape Design Architect Basic Services .13 Interior Design NIA N/A 7S . 14 Special Bidding or Negotiation Architect Basic Services si r . 15 Value Analysis Owner .16 Detailed Cost Estimating Owner .17 On- Site Project Representation Owner AIA DOCUMENT B141 - 1997 .18 Construction Management Owner STANDARD FORM AGREEMENT .ig Start-up Assistance Owner Basic Services .2o Record Drawings Contractor Basic Services The American Institute of Architects .21 Post-Contract Evaluation Owner 1735 New York Avenue N .W. .22 Tenant-Related Services N/A N/A Washington, D . C . 20006-5292 .23 Environmental . permitting & Owner plan review fees 1917, 19 , 1411951 , 1 53, 1958, 1961s 1963, 196601 , 170117411977, 1871 0 1997 by The Amencan Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below . User Document: cra - jail -971J141 .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 23 24 25 Description of Services. (Insert descriptions of the services designated.) As shown above . ARTICLE 2 . 9 MODIFICATIONS 2 . 9 . 1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: Those attached hereto . By its execution, this Standard Form of Architect's Services: Design and Contract This document has important legal Administration and modifications hereto are incorporated into th a Form of consequences. Consultation with an A reement Between the Owner and Architect, AIA Document -1997, aS odified that attorney is encouraged with respect to or was entered into by the parties as of the date: its completion O modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA r DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. OWNER (Signature) Sig ure) Caroline D . Ginn , Chairman m D . Rutherfo President Board of County Commissioners , Indian River Clemons, Rutherford & Altsociates , Inc. . County. Florida (Printed name and title) (printed name and title) Approved by BCC 11 - 02 - 04 Witnessed by:,, ^ , Attest : Jeffrev K . Barton Clerk ofircuit Court Depuly Clerk PATRICIA M . RIDGEEY Approved as to Form and Legal Sufficiency William G . Collins . II seVhA. airdCounty Attorney ¢oinistrator � r I� © 1997 AIA® AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N .W. Washington, D . C . 20006-5292 ® 1917, 1926, 1 4 , 19510 1953, 19581 19611 19630 19661 1967t 19701 19741 1977, 1987, ® 1997 by The American Indian River Co . Agproved Date Institute of Architects . Reproduction of the material herein or substantial quotation of its provisions Administration �/•,3O without written permission of the AIA violates the copyright laws of the United States and will subject the Legal violator to legal prosecution . WARNING : Unlicensed photocopying violates U .S . copyright laws and will Budget q t subject the violator to legal prosecution . This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as Department noted below. expiration as noted below. User Document: cra - jail -97bl41 .aia -- 10/29/2004 . AIA License 1 Risk Mana ment / Number 1127252, which expires on 12/31/2004. 24 Exhibit ` B ' 1997 Edition - Electronic Format AIA Document A201 - 1997 General Conditions of the Contract for Construction TABLE OF ARTICLES 1 , GENERAL PROVISIONS 2 , OWNER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN 3 . CONTRACTOR ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 4 , ADMINISTRATION OF THE CONTRACT MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 5 . SUBCONTRACTORS DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 6 , CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS This document has been approved and endorsed by The Associated General 7 , CHANGES IN THE WORK Contractors of America. 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 INDEX 9.5. 1, 10. 2. 5, 13.4.2313.7, 14. 1 Acceptance of Nonconforming Work Addenda 9. 6. 6, 9,9.3) 12o3 1.1.1, 3.n Acceptance of Work Additional Costs, Claims for 9. 6. 6, 9. 8.2, 9.9. 3, 9.10.1, 9.10. 3, 12. 3 43.47 4. 3.5> 4.3. 6, 6.1.1, 10. 3 Access to Work Additional Inspections and Testing 3 . 16, 6.2. 1, 12.1 9. 8. 3, 12. 2.1, 13. 5 OW, . . .-W Accident Prevention Additional Time, Claims for f + ■ �� 4.2.3, 10 43.4, 4.3.7, 8.3.2 Acts and Omissions ADMINISTRATION OF THE CONTRACT 01997 AIA® 3. 2, 3. 3.233. 12. 8, 3.18, 4.2.3, 4.3. 8, 4.4. 1, 8. 3. 1, 3.1.3) 4) 9.4) 9.5 AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE m Copyright 1911 , 1 15, 1 1 , 1925, 1937, 1951 , 1958, 1961 , 1963, 1966t 1967, 19701 1976, 1987, 1997 by T e CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 1 Advertisement or Invitation to Bid 9. 3, 9.4, 9. 5, 9.7, 9. 8, 9.93 10. 2, 6) 10- 3, n.3, 1.1.1 11.4.7, 12, 13.4. 2, 13.5 Aesthetic Effect Architect' s Relationship with Subcontractors 4.2. 13, 4.5.1 1. 1. 2, 4.2.3, 4.2.4, 4.2. 6, 9. 6.3, 9, 643 11-4.7 Allowances Architect' s Representations 3 . 8 9.4.2, 9. 5.1, 9.10. 1 All-risk Insurance Architect's Site Visits u,4,1, 1 4. 2. 2, 4.2.5, 4.2.9, 4. 3.4, 9.4.2, 9.5.1, 9.9.21 Applications for Payment 9. 10. 1, 13. 5 4. 2.5, 7.3. 8, 9. 2, 9 .3, 9.43 9.5.1, 9. 6. 3, 9.7.1, 9. 8. 5, Asbestos 9.10, u.1.33 14. 2.42 14.4.3 10.3.1 Approvals Attorneys' Fees 2.4, 3.1.3, 3. 5, 3.10. 2, 3.12, 4.2.7, 9,3. 23 134. 2) 3. 18. 1, 9. 10, 2) 10.3,3 13, 5 Award of Separate Contracts Arbitration 6.1.13 6.1.2 4. 3. 3, 44 4.5 .1, 4. 5.2, 4.61 8.3. 13 9.7.1, 11.4.9, Award of Subcontracts and Other Contracts for THIS DOCUMENT HAS IMPORTANT LEGAL 11.4. 10 Portions of the Work CONSEQUENCES. CONSULTATION WITH AN Architect 5 . 2 ATTORNEY 15 ENCOURAGED WITH 4 . 1 Basic Definitions RESPECT TO ITS COMPLETION OR Architect, Definition of 101 MODIFICATION. AUTHENTICATION OF THIS ELECTRON4, 1,1 DRAFTED AIA Bidding Requirements DOCUMENTCALLY T MAY BE MADE BY USING AIA Architect, Extent of Authority 1. 1. 1, 1.1.7, 5.2. 1, 11. 5 .1 DOCUMENT D401. 2.41 3. 12.7, 4. 2, 4.3. 6, 4.4, 5. 2, 6. 3, 7. 1.2, 7. 3. 63 Boiler and Machinery Insurance 7.4, 9.2, 9. 3.1, 9.4, 9. 5 , 9. 8.3, 9.10. 1, 9.10.3, 12.1, 11.4. 2 This document has been approved and 12.2.1, 13. 5 . 1, 13.5. 2, 14. 2. 2, 14. 2.4 Bonds, Lien endorsed by The Associated General Architect, Limitations of Authority and 9. 10. 2 Contractors of America. Responsibility Bonds, Performance, and Payment 2.1.1, 3. 3. 3, 3.12.4, 3. 12. 8, 3.12. 10, 4. 1. 2, 4. 2. 1, 7.3. 6.4, 9. 6.7, 9. 10. 3, 11.4,9) 11. 5 4. 2.2, 4.2.32 4.2. 63 4. 2.7, 4.2.10, 4.2.12, 4.2.13, Building Permit 44 5. 2.1, 7.4, 9.4. 2, 9. 6.4, 9. 6. 6 3.7. 1 Architect' s Additional Services and Expenses Capitalization 2.4, 11.4. 1.12 12. 2.1, 13. 5. 2, 13. 5.3, 14. 2.4 1 . 3 Architect's Administration of the Contract Certificate of Substantial Completion 3. 1.3, 4 . 2 , 4. 3.4, 4.4, 9.4, 9.5 9. 8.3, 9. 8.4, 9. 8.5 Architect' s Approvals Certificates for Payment 2.4, 3. 1. 3, 3.5.1, 3.10.2, 4.2.7 4. 2.5, 4.2.9, 9.3. 3, 9 . 41 9. 5, 9. 6. 1, 9. 6. 6, 9.7. 1, Architect's Authority to Reject Work 9.10. 1, 9,10.3, 13.7, 41,13) 14,2,4 3.5. 1, 4. 2. 6312. 1.2, 12.2.1 Certificates of Inspection, Testing or Approval Architect's Copyright 13. 5.4 1. 6 Certificates of Insurance Architect's Decisions 9, 10.2) U,1-3 4.2. 6, 4.2.7, 4. 2. 11, 4.2.12, 4. 2. 13, 4.3.4, 4.4. 1, Change Orders 4.4.5, 4.4. 6, 4. 5, 6. 3, 7.3. 6, 7.3. 8, 8.1.3, 8.3. 1, 9. 2, 1. 1.1, 2.4. 1, 3.4.23 3. 8.2.3, 3.11.1, 3.12. 8, 4. 2. 8, 9.4, 9. 5.1, 9. 8.4, 9.9. 1, 13.5.2, 14. 2.2, 14. 2.4 4.3.4, 4.3.9, 5. 2.3, 7.1, 7.2, 7. 3, 8. 3. 1, 9.3.1. 1, Architect's Inspections 9. 10.3, 11.4. 1. 2, 11.4.4, 11.4.9, 12. 1.2 4. 2. 2, 4. 2.9, 4.3.4, 9.4. 22 9. 8. 33 9.9.2, 9. 10. 1, 13.5 Change Orders, Definition of Architect's Instructions 7.2.1 3. 2. 3, 3.3. 1, 4. 2. 67 4.2.7, 4. 2. 8, 741) 12.1, 13- 5. 2 CHANGES IN THE WORK Architect' s Interpretations 3.113 4. 2. 8, 7, 8. 3. 1, 9. 3. 1. 1, 11.4.9 4.2.117 4.2. 12, 4. 3. 6 Claim, Definition of Architect's Project Representative � SA 4 . 3 . 1F • • - • _ Architect's Relationship with Contractor Claims and Disputes 1.1.2, 1. 6, 3. 1. 32 3. 2.1, 3.2.2, 3. 2.37 3. 3. 1, 3.4. 2, 3. 2. 3, 4 . 3 , 4.43 4. 5, 4. 6, 6. 1. 1, 6. 37 7. 3. 8, 9. 3. 3, 3.5 . 1, 3.7. 3, 3. 10, 3. 11, 3.12, 3.165 3. 18, 4. 1. 2, 4. 1. 3, 9. 10.4, 10.3. 3 01997 AIA® 4.2, 4. 3.4, 4.4.1, 4.4.73 5.2, 6. 2.2, 7, 8.3.1, 9. 23 Claims and Timely Assertion of Claims AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911 , 1915, 191 , 1925, 1937, 1951 , 1958, 1961 , 19631 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U . S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004 . 2 4 . 6 . 5 Contingent Assignment of Subcontracts Claims for Additional Cost 5 . 4, 14. 2.2.2 3. 2.3) 4.3.43 4 . 3 . 5, 4.3. 6, 6.1.1, 7.3. 8, 10.3. 2 Continuing Contract Performance Claims for Additional Time 4 . 3 . 3 3.2. 3) 4. 3.4) 4 . 3 . 7, 6.1.1, 8.3.2, 10. 3.2 Contract, Definition of Claims for Concealed or Unknown Conditions 1. 1.2 4 . 3 . 4 CONTRACT, TERMINATION OR Claims for Damages SUSPENSION OF THE 3.2.3, 3. 18, 4. 3.1o, 6.1.1, 8.3.3, 9. 5. 13 9. 6.7) 10. 3.3) 541.1) 11-4- 9, 14 11.1. 1, 11.4.5, 11.4.7, 14. 1.3) 14. 2.4 Contract Administration Claims Subject to Arbitration 3. 1.3) 4) 9.4) 9.5 4.4. 1) 4. 5. 1) 4. 6.1 Contract Award and Execution, Conditions Cleaning Up Relating to 3 . 15 , 6. 3 3.7. 1, 3. 10, 5 . 2, 6. 1) 11. 1. 3) 11.4. 6, 11.5 . 1 Commencement of Statutory Limitation Period Contract Documents, The THIS DOCUMENT HAS IMPORTANT LEGAL 13 . 7 1 , 1 ) 1. 2 CONSEQUENCES. CONSULTATION WITH AN Commencement of the Work, Conditions Contract Documents, Copies Furnished and Use ATTORNEY IS ENCOURAGED WITH Relating to of RESPECT TO ITS COMPLETION OR 2.2.1, 3. 2. 1, 3.4. 1, 3. 7.1, 3.10.1, 3. 12. 6, 4.3. 5) 5. 2. 1, 1. 6, 2.2.5, 5.3 MODIFICATION. AUTHENTICATION OF THIS 5.2.3, 6. 2.2, 8. 1. 2, 8. 2.2, 8,3- 1) 11-1) 11.4.1, 11.4. 6, Contract Documents, Definition of ELECTRONICALLY DRAFTED AIA 11.5 ,1 1. 1. 1 DOCUMENT MAY BE MADE BY USING AIA Commencement of the Work, Definition of Contract Sum DOCUMENT D401. 8.1.2 3. 8) 4.3.4) 4.3.5) 4.4. 5) 5.2.3) 7. 2) 7. 33 7.4) 9 . 1 ) This document has been approved and Communications Facilitating Contract 9.4.2) 9. 5. 1.4) 9. 6.7) 9.7) 10. 3. 2, 11.4.13 14. 2.42 endorsed by The Associated General Administration 14.3.2 Contractors of America. 3.9.1, 4 . 2 .4 Contract Sum, Definition of Completion, Conditions Relating to 9.1 1. 6.1, 3.4.1, 3. 11, 3. 15) 4.2. 2) 4. 2.9) 8.2, 9.4. 2) 9. 8) Contract Time 9.9.1, 9.10) 12.2, 13. 7) 14. 1. 2 4.3.4) 4. 3.7) 4.4. 5) 5. 2.3) 7.2.1.3) 7. 3) 7.4) 8.1. 1, COMPLETION , PAYMENTS AND 8. 2) 8.3.1) 9.5. 1) 9.7) 10. 3.2) 12.1.1, 14. 3. 2 9 Contract Time, Definition of Completion, Substantial 8.1'1 4. 2.9) 8.1.1, 8. 1. 32 8.2.3, 9.4. 2) 9. 8) 9.9.1) 9. 10.3) CONTRACTOR 9,10.4,2) 12.2) 13.7 3 Compliance with Laws Contractor, Definition of 1. 6.1) 3. 2.2) 3. 6) 3.7) 3. 12.10) 3. 13) 4.1. 1) 4.4. 8, 3. 1) 6.1.2 4. 6.43 4. 6. 6, 9. 64 10. 2.2, 11.1, 11.4, 13.1, 13.47 Contractor's Construction Schedules 13.5. 1313.5.2) 13. 6, 14. 1.1, 14.2.1.3 1.4.1. 2, 3 . 10, 3. 12.133.12.2, 4.3.7.236. 1.3 Concealed or Unknown Conditions Contractor's Employees 4.3.4) 8.3.1310. 3 3. 3. 2) 3.4. 3) 3. 8. 1, 3.9) 3.18. 2, 4. 2. 3) 4. 2. 6, 10. 2, Conditions of the Contract 10. 37 11.1.1, 11.4.7) 14.1, 14.2.1.1) 1.1. 1, 1.1.7, 6.1. 1, 6. 1.4 Contractor' s Liability Insurance Consent, Written 1191 1. 6) 3.4.2) 3. 12. 83 3.14.2) 4.1. 23 4.3.4) 4. 6.43 9. 3. 2) Contractor's Relationship with Separate 9. 8. 5) 9.9.1) 9. 10. 2, 9. 10.3, 11.4. 1) 13. 23 13.4.2 Contractors and Owner's Forces CONSTRUCTION BY OWNER OR BY 3.12.5) 3.14. 2) 4.2.4) 6) 11.4.7) 12.1.2) 12. 2.4 SEPARATE CONTRACTORS Contractor's Relationship with Subcontractors 1.1.4, 6 1.2.2) 3.3.2) 3.18. 1, 3. 18.2, 5) 9. 6.239. 6.7) 9.10.2, Construction Change Directive, Definition of 11.4.1.2) 11.4.7) 11.4. 8 7 31 Contractor's Relationship with the Architect 11%Iwo ,-W Construction Change Directives 1. 1,2) 1. 6) 3.1.3, 3.2.1, 3.2.2, 3.2.3) 3.3. 1) 3.4.2) 1. 1.1) 3. 12. 8) 4.2. 8, 4. 3.9, 7. 1, 7 . 3 , 9.3.1. 1 3. 5. 13 3.7.3) 3.10, 3.11) 3.12, 3. 16) 3.18) 4. 1.2) 4.1. 3) Construction Schedules, Contractor' s 4.2) 4.3.4) 4.4.1) 4.4.7) 5.2) 6.2. 2, 7, 8.3. 1) 9. 2) 1. 1.2) 3.10) 3. 12. 1) 3. 12. 2) 4.3.7.2) 6. 1. 9.3) 9.4) 9.5) 9.7) 9. 8) 9.9) 10.2. 6) 10.3) 11.3) ®1997 AIA® 4• 3 AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE ® Copyright 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below. expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 3 11.4.7, 12, 1342, 13-5 Date of Commencement of the Work, Contractor's Representations Definition of 1.5.22 3.5.12 3.12. 6, 6. 2.2, 8.2.1, 9. 3.3, 9. 8.2 8. 1.2 Contractor's Responsibility for Those Date of Substantial Completion, Definition of Performing the Work 8.1.3 3.3.2, 3.18, 4.2. 3, 4. 3. 82 5. 3. 1, 6.1.32 6.2, 6.3, 9.5.1, Day, Definition of 10 8.1.4 Contractor's Review of Contract Documents Decisions of the Architect 1.5.2, 3.2, 3.7.3 4.2. 6, 4.2.73 4.2. 11, 4.2.12, 4.2.135 4. 3.4, 4.4. 1, Contractor's Right to Stop the Work 4.4.5, 4.4. 6, 4. 5, 6. 3, 7.3. 6, 7.3. 8, 8.1.3, 8. 3.1, 9. 2, 9.7 9.4, 9. 5.139. 8.429.9.1, 13.5 .2, 14.2.2, 14.2.4 Contractor's Right to Terminate the Contract Decisions to Withhold Certification 4. 3. 10, 14.1 9.4.1, 9 . 559.7, 14.1.1.3 Contractor's Submittals Defective or Nonconforming Work, Acceptance, 3.10, 3. 11, 3.12, 4.2.7, 5. 2.1, 5.2. 3, 7.3. 6, 9.2, 9.3, Rejection and Correction of 9. 8. 2, 9. 8. 3, 9.9.1, 9. 10. 2, 9. 10.32 11. 1.3, 11.5 .2 2.31 2.4, 3. 5. 1, 4.2. 6, 6.2.5, 9.5 .1, 9.5.2, 9. 6. 6, THIS DOCUMENT HAS IMPORTANT LEGAL Contractor's Superintendent 9. 8. 2, 9.9. 3, 9.10-42 12.2.1, 13.7.1.3 CONSEQUENCES. CONSULTATION WITH AN 3.9, 10.2. 6 Defective Work, Definition of ATTORNEY IS ENCOURAGED WITH Contractor's Supervision and Construction 3.5.1 RESPECT TO ITS COMPLETION OR Procedures Definitions MODIFICATION. AUTHENTICATION OF THIS 1. 2. 25 3.3, 34 3. 12. 10, 4.2.23 4. 2.7, 4.3. 3, 6. 1.37 1. 13 21. 13 3.1, 3.5 . 1, 3.12.1, 3. 12.22 3. 12.3, 4. 1. 1, ELECTRONICALLY DRAFTED AIA 6. 2.4, 7.1. 3, 7.3.4, 7.3. 63 8.2, 10212214 4.3.1, 5. 1, 6. 1.2, 7.2. 1, 7.3.1, 7.3. 6, 8. 1, 9.1, 9. 8. 1 DOCUMENT MAY BE MADE BY USING AIA Contractual Liability Insurance Delays and Extensions of Time DOCUMENT D401. mm. 8, 11.2, 11.3 3.2.3, 4.3. 1, 4.3.4, 4.3.7, 4.4.52 5. 2.3, 7.2. 1, 7. 3.1, This document has been approved and Coordination and Correlation 741, 7,5 . 1, 8 . 3, 9. 5.1, 9-7, 1, 10, 3. 2, 10. 6. 1, 14.3. 2 endorsed by The Associated General 1.2, 1.5 . 2, 3.3.1, 3.10, 3.12. 6, 6. 1. 33 6.2. 1 Copies Furnished of Drawings Disputes Contractors of America. Co P $ 4.1.4, 4.3, 4.42 4. 5, 4. 6, 6. 3, 7. 3. 8 Specifications Documents and Samples at the Site 1. 61 2.2.5, 3.11 3 . 11 Copyrights Drawings, Definition of 1. 6, 3.17 1. 1. 5 Correction of Work Drawings and Specifications, Use and 2.31 2.4, 3.74 4.2. 12 9.4.2, 9. 8.2, 9. 8. 3, 9.9. 1, Ownership of 12.1.2, 12.2, 13.7.1.3 5 .3 Correlation and Intent of the Contract 1ve 1.3, of Insurance nc Documents Effective Date of Insurance 8.2.2, 11. 1.2 1 . 2 Emergencies Cost, Definition of 4.3-5, 10. 6, 14.1.1.2 7.3. 6 Employees, Contractor's Costs 2.4, 3.2.3, 3.7.42 3. 8.2, 3.15. 2, 4, 31542; 6.1. 1, 3.3.2> 3.4.3> 3. 8.1, 3.9, 3.18.2, 4.2.3, 4. 2. 6, 10. 2, 10.32 11.11, 11.4.7, 14.1, 14.2.1.1 6. 2. 3, 7. 3.3.3, 7. 3. 6, 7.3.7, 73. 8, 910.2, 10-3.2, Equipment, Labor, Materials and 10. 5211. 3, 11412. 1, 12. 2.1, 12. 2.4, 13.5214 1.1.3, 1. 1. 6, 3.4, 3.5.123. 8.2, 3. 8. 3, 3.12, 3. 13, 3.151, Cutting and Patching 4.2. 6, 4.2.7, 5.2.11 6.2.1, 7. 3. 6> 9.3. 2, 9. 3.3, 6.2-5, 3 . 14 Damage to Construction of Owner or Separate 9. 5. 1. 3, 9. d Progress of oro g P Execution and Progress of the Work Contractors 1-1-3) 1, 2. 111. 2.212,2,3, 2.2-5, 3, 1, 3. 3, 3.47 3. 5, 3.7, 3. 14.23 6.2.4, 9. 2.1-5, 10, 2, 1, 2, 10,2.5, 10. 6, 111, 3.10, 3.12, 3. 14, 4.2.2, 4.2. 3, 4. 3. 3, 6. 2.2, 7. 1.3, 11.4, 12. 2.48.2 1 a to the Work 7. 3.4, , 9.5, 9.9• , 10. 2, 10. 3, 12.2, 14. 2, 14. 3 Damage Extensions of Time 3.14.22 9.9. 1, 10.2.1.2, 10.2. 5, 10. 6, u.4, 12.2.4 3. 2. 3, 4-3-1, 434) 4.3.7, 4.4. 5, 5.2.3, 7. 2. 12 7. 3, � . Damages, Claims for 7.4.1, 9.5.1, 9. 7.1, 10. 3.2, 10. 6.1, 14. 3.2 3.2.3, 3.18, 4. 3.10, 6. 1.1, 8.3.33 9. 5. 1, 9. 6-73 10. 3- 33 Failure of Payment 11. 1. 1, u.4.5, 11.4.7, 14. 1. 3, 14. 2.4 4.3. 62 9. 5. 1.3, 9 . 72 910.2514.1.1.3214.2. 1.2, 13. 6 Damages for Delay Faulty Work 01997 AIA® 6.1.12 8.3.3, 9.5 .1. 6, 9.7, 10.3.2 AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE O Copyright 1911 , 1915, 19181 19 , 19371 19511 1958, 1961 , 1963, 19660 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U . S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 4 ( See Defective or Nonconforming Work) INSURANCE AND BONDS Final Completion and Final Payment 11 4. 2.1, 4.2.9 4.3.2, 9. 8.2, 9 . 10, 11.1.2, 11. 1. 3, 11.4.1, Insurance Companies, Consent to Partial 11.4.5, 12.3. 1, 13.7, 14.2.4, 14.4. 3 Occupancy Financial Arrangements, Owner's 9,9, 1, 11.4.1.5 2.2.1, 13.2.2, 14. 1.1.5 Insurance Companies, Settlement with Fire and Extended Coverage Insurance 11.4.10 11.4 Intent of the Contract Documents GENERAL PROVISIONS 1.2. 1, 4.2.7, 4.2.12, 4.2. 13, 7.4 1 Interest Governing Law 13 . 6 13 . 1 Interpretation Guarantees ( See Warranty) 1. 2-3, 1 . 4, 4.1- 1, 4. 3- 1) 5 .1, 6. 1.2, 8.1.4 Hazardous Materials Interpretations, Written 10.2.4, 10. 3, 10. 5 4' 2' 11' 4. 2. 12' 4' 3. 6 THIS DOCUMENT HAS IMPORTANT LEGAL Identification of Contract Documents Joinder and Consolidation of Claims Required CONSEQUENCES. CONSULTATION WITHAN 1. 5. 1 4. 6.4 ATTORNEY /S ENCOURAGED WITH Identification of Subcontractors and Suppliers Judgment on Final Award RESPECT TO ITS COMPLETION OR 5. 2, 1 4 . 6 .6 MODIFICATION. AUTHENTICATION OF THIS Indemnification Labor and Materials, Equipment ELECTRONICALLY DRAFTED AIA 3. 17, 3 . 18 , 9.10.2, 10.3. 3, 10.5, 11.4.1.2, 11.4.7 1. 1.3, 1. 1. 6, 3 . 4, 3. 5. 1, 3. 8.2, 3. 8. 3, 3.12, 3.13, DOCUMENT MAY BE MADE BY USING AIA Information and Services Required of the Owner 3.15.1, 42. 6, 4.2.7, 5. 2.1, 6.2.1, 7.3. 63 9. 3.2> 9.3. 3) DOCUMENT D401. 2. 1.2, 2 . 2 , 3.2.1, 3. 12.4, 3.12.10, 4.2.7; 4.3.3) 6.1.37 9. 5. 1.3) 9.10.2, 10.2.1, 10. 2.4, 14. 2. 1.2 This document has been approved and 6.1.4, 6.2.5. 9. 3. 2 9. 6• i> 9. 6.4. 9.9. 2 9.10.3 Labor Disputes endorsed by The Associated General 10.3.3, 11. 2, 11.4, 13. 5. 1, 13.5.214.1. 1.4) 14. 1.4 8.3.1 Contractors of America. Injury or Damage to Person or Property Laws and Regulations 4 , 3 , 8, 10,2, io. 6 1. 6, 3.2. 2, 3. 6, 3.7, 3. 12.10, 3.13, 4.1. 1, 4.4. 83 4. 6, Inspections 9. 6A 9.9.1, 10.2.2311.1, 11.4, 13.1, 13-4) 13.5- 12 3.1.3, 3. 3.3, 3.7. 13 4.2.2, 4.2. 6, 4.2.9, 9.4.2, 9. 8. 2, 13.5.2, 13, 6) 14 9. 8.3 9.9.2> 9.10. 1, 12.2.1313.5 Liens Instructions to Bidders 2.1.2, 4.4. 8, 8.2.23 9.3.3 9•10 11.1 Instru 1cti Limitation on Consolidation or Joinder Instructions to the Contractor 4 . 6 . 4 3.2.3) 3. 3.1, 3. 8. 1, 4.2. 85 5. 2. 1, 7, 12, 8. 2. 2) 13- 5. 2 Limitations, Statutes of Insurance 4. 6.3, 12.2. 6113.7 3. 18. 1, 6.1.1, 7. 3. 6, 8. 2. 1, 9.3.2 9. 8.4) 9.9.1) Limitations of Liability 9.10.2, 9.10,5) 11 2. 3, 3.2. 1, 3. 5 .1, 3.7.3, 3.12. 83 3.12. 10, 3.17, 3. 18, Insurance, Boiler and Machinery 4.2. 6, 4.2.7, 4.2. 12, 6. 2.2, 9.4.2, 9. 6.4, 9. 6.7) 11.4.2 9. 10.45 10.3.3, 10.2.5, 11.1.2, 11. 2. 1, 11-4,73 12.2.5, Insurance, Contractor's Liability 13.4.2 1101 Limitations of Time Insurance, Effective Date of 2.1. 2, 2. 2, 2.4, 3. 2.1> 3.7.33 3. 10, 3. 11, 3. 12. 53 3. 15 . 1, 8,2,21 11. 1,2 4. 2.7) 4. 3 4.4) 4. 5) 4. 63 5.2. 5 . 3) 5 .4) 6. 24 7. 3) Insurance, Loss of Use 7.4) 8. 2, 9. 2) 9.3. 1) 9.3.3 9.4.1) 9. 5) 9. 6. 9.7) 9. 8) 11.4.3 9.9) 9.10) 11. 1. 33 11.4. 1. 5 , 11.4. 6, 11.4.10, 12. 2, 13.5, Insurance, Owner's Liability 13-7) 14 112 Loss of Use Insurance Insurance, Project Management Protective 11 . 4 . 3 Liability Material Suppliers 11. 3 1. 6, 3.12. 1, 4. 2.4, 4.2. 6, 5. 2. 1, 9. 3, 9.4.2, 9. 6, ■w ■ �. Insurance, Property 9. 10.5 � 10.2.5, 11 .4 Materials, Hazardous Insurance, Stored Materials 10.2.4, 10.3310. 5 9-3.2) 114-1-4 Materials, Labor, Equipment and 01997 AIA® 1.1.3, 1. 1. 6, 1. 6.13 3.4) 3. 5. 1, 3. 8. 2, 3. 8.233 3. 12, 3.13, AIA DOCUMENT A201 . 1997 GENERAL CONDITIONS OF THE Q Copyright 1911, 1915, 1918, 1925, 1937, 19518 1958, 19611 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252 , which expires on 12/31/2004. 5 3.15. 1, 4.2. 6, 4.2.71 5.2.1, 6.2.1, 7. 3. 6, 9.3.21 9. 3. 33 2.1. 25 2 . 2 , 3.2.1, 3.12.4, 3. 12. 102 4.2.7, 4. 3.3, 6. 1.3, 9. 5.1.3, 9. 10. 2, 10.2. 1, 10.2.4, 14. 2. 1. 2 6.1.4, 6.2.5, 9.3. 2, 9. 6. 1, 9. 6.4, 9.9.2, 9.10. 33 Means, Methods, Techniques, Sequences and 10.3. 35 11.2, u.4, 13. 5.1, 13. 5.2, 14. 1.1.4714. 1.4 Procedures of Construction Owner's Authority 3. 3. 1, 3. 12. 10, 4.2.2, 4.2.72 9.4. 2 1. 6, 2.1.1, 2.32 2.42 3-4.2, 3. 8.1, 3. 12. 10, 3.14. 2, Mechanic's Lien 4. 1. 25 4. 1.32 4.2.42 4. 2.9, 4.3. 62 4.4.7, 5. 2. 12 5. 2.4, 4.4. 8 5.4.1, 6.1, 6.33 7. 2. 1, 7. 3. 1, 8. 2. 2, 8.3.13 9. 3.1, 9. 3.21 Mediation 9. 5. 1, 9.9.1, 9.10.2, 10.3.2, 11.1.3, 11.3.1, 11.4.32 4.4.13 4.4.5, 4.4. 6, 4.4. 8, 4 . 5 , 4. 6. 13 4. 6.2, 8.3.1, 11.4.10, 12. 2.22 12.3.12 13. 2. 2, 14.3, 14.4 10. 5 Owner's Financial Capability Minor Changes in the Work 2.2.1113,2, 22 14,1,1,5 1.1.1, 3. 12.8, 4.2. 8, 4.3. 62 7.1, 7 . 4 Owner's Liability Insurance MISCELLANEOUS PROVISIONS 11 . 2 13 Owner's Loss of Use Insurance Modifications, Definition of11.4.3 Owner's Relationship with Subcontractors THIS DOCUMENT HAS IMPORTANT LEGAL 1. 1. 1 CONSEQUENCES. CONSULTATION WITH AN Modifications to the Contract 1. 1. 22 5. 2, 5.32 5.42 9. 6.43 9,10-2) 14, 2. 2 Owner's Right to Carry Out the Work ATTORNEY IS ENCOURAGED WITH 1. 1.1, 1. 1. 2, 3,793) 3-111 4,1,2) 4. 2. 1, 5 . 2.32 72 8. 3.12 RESPECT TO ITS COMPLETION OR 9.7, 10.3.2, 11.4. 1 2 .43 12. 2.4. 14.2.2.2 MODIFICATION. AUTHENTICATION OF THIS Mutual Responsibility Owners Right to Clean Up ELECTRONICALLY DRAFTED AIA 6 . 2 6 . 3 DOCUMENT MAY BE MADE BY USING AIA Nonconforming Work, Acceptance of Owner's Right to Perform Construction and to DOCUMENT D401. 9 6 6, 9.9-3, 12 . 3 Award Separate Contracts Nonconforming Work, Rejection and 6 . 1 This document has been approved and Correction of Owner's Right to Stop the Work endorsed by The Associated General 2.32 243-5 -1) 4.2. 6, 6. 2. 5, 9. 5.1, 9. 8.2, 9.9.3, 23 Contractors of America. 9. 10.4212.2. 1, 13.7.1.3 Owner' s Right to Suspend the Work Notice 14.3 2. 2. 1, 2. 312.4 3.2. 35 3.3. 1, 3.7. 2, 3.7.42 3.12.9 4. 31 Owner's Right to Terminate the Contract 4.4. 83 4. 6.5, 5. 2. 1, 8. 2.22 9.7, 9,10, 10. 2. 2, 11-1.3, 14.2 11.4. 6, 12.2.2, 12.2.42 13. 32 13. 5. 1, 13.5 .2, 14. 1, 14. 2 Ownership and Use of Drawings, Specifications Notice, Written and Other Instruments of Service 2.3, 2.42 3.3. 1, 3.93 3. 12.9, 3.12.10, 4.3, 4.4. 8, 1.1.1, 1 . 6 , 2.2.5, 3. 2. 1, 3.11.1, 3. 17.1, 4. 2.12, 5.3 4. 6. 5, 5. 2. 12 8.2.22 9.72 9.10210. 2.2, 10.3, 11.1.32 Partial Occupancy or Use 11.4. 6, 12.2. 2, 12.2-4) 13 . 3, 14 9. 6. 65 9 . 9 , 11.4.1.5 Notice of Testing and Inspections Patching, Cutting and 13. 5. 1, 13. 5. 2 3 , 14 ) 6. 2.5 Notice to Proceed Patents 8. 2. 2 3. 17 Notices, Permits, Fees and Payment, Applications for 2.2. 2, 3 . 7, 3. 13, 7.3. 6.4, 10.2. 2 4. 2.5, 7.3. 83 9. 2, 9 . 3, 9.4, 9. 5.1, 9. 6.3, 9.7.1, Observations, Contractor' s 9. 8.5, 9. 10. 1, 9.10.32 9. 10.5211.1. 3, 14.2.414.4.3 1. 5.22 3.2. 3.7.3, 4.3.4 Payment, Certificates for Occupancy 2.2.2, 9. 6. 619. 8, 11.4.1. 5 4.2. 5, 4. 2.9, 9.3.37 9 . 4, 9.5, 9. 6.1, 9. 6. 6, 9.7.1, Orders, Written 9.10.1, 9. 10.3, 13.7214.1.1. 3, 14.2.4 , 3.92 4.3. 6, 7, 8.2. 2, u. Payment, Failure of 1.1. 12 2• � 3 4.92 12.12 12.2, 6, 1 9 . 72 9. 10.2, 14.1.1. , 14. 2.1.22 1 6 13.5 .2114.3. 1 4.3. 9.5. . 3, 3 3• Payment, Final OWNER 2 4.2.12 4.2.9, 4.3.2, 9. 8, 22 9.10211.1.2, 11.1.3, 11.4.1, 11.4.5212. 3. 1213.7514. 2.4314.4. 3 . Owner, Definition of Payment Bond, Performance Bond and 2,17-3. 64 Information and Services Required of 7. 9. 6.7, 9. 10. 3, 11.4.8, 11 . 5 the Paymenntsts,, Progress ® 1997 AIA® 4. 3. 32 9. 32 9. 62 9. 8.52 9- 10- 3, 13, 6, 14.2. 3 AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE ® Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 19610 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U . S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 6 PAYMENTS AND COMPLETION Resolution of Claims and Disputes 9 4 . 4, 4. 5, 4. 6 Payments to Subcontractors Responsibility for Those Performing the Work 5.4.2, 9.5.1.3 9. 6.2, 9. 6.3, 9. 6.4, 9. 6.7, 11.4. 8, 3.3.2, 3.18, 4.2.3 4. 3. 8, 5. 3.13 6.1.33 6. 2, 6.3, 9. 5. 1, 14.2. 1. 2 10 PCB Retainage 10.3.1 9.3.1, 9. 6.2, 9. 8. 53 9.9. 1, 9.10.2, 9. 10.3 Performance Bond and Payment Bond Review of Contract Documents and Field 7.3. 6.4 9. 6.7, 9. 10. 3, u-4-9, 11 . 5 Conditions by Contractor Permits, Fees and Notices 1.5.2, 3 . 2 , 3.7.3, 3. 12.7, 6. 1. 3 2. 2.2, 3 . 7, 3d3, 7-3, 64) 10.2.2 Review of Contractor' s Submittals by Owner and PERSONS AND PROPERTY, PROTECTION Architect OF 3. 10.1, 3. 10. 2, 3. u, 3. 12, 4.2, 5. 2, 6. 1. 3, 9.2, 9. 8. 2 10 Review of Shop Drawings, Product Data and Samples by Contractor Polychlorinated Biphenyl 3. 12 THIS DOCUMENT HAS IMPORTANT LEGAL 10.3. 1 Rights and Remedies CONSEQUENCES. CONSULTATION WITH AN Product Data, Definition of 1. 1.2, 2. 3, 2.4, 3.5. 1, 3. 15. 2 4. 2. 67 4.3.43 4. 57 4. 63 ATTORNEY IS ENCOURAGED WITH 3.12. 2 5 .3, 5.4, 6. 1, 6.3, 7.3. 1, 8.3, 9.5- 1, 9.7, 10.2- 5, 10. 3, RESPECT TO ITS COMPLETION OR Product Data and Samples, Shop Drawings 12, 2,2, 12.2.4, 13 . 4, 14 MODIFICATION. AUTHENTICATION OF TH15 3.11, 3 . 12 , 4.2.7 Royalties, Patents and Copyrights ELECTRONICALLY DRAFTED AIA Progress and Completion yDOCUMENT MAY BE MADE BY USING AIA g P 3 . 17 DOCUMENT D401. 4. 2.2 4.3. 3, 8 . 2 , 9. 8, 9.9, 1) 14- 1.4 Rules and Notices for Arbitration Progress Payments 406,2 This document has been approved and 4. 3.3, 9.3, 9 . 6, 9. 8. 5, 9.10. 3, 13. 6, 14.2.3 Safety of Persons and Property endorsed by The Associated General Project, Definition of the 10. 2 , 10. 6 Contractors of America. 1.1.4 Safety Precautions and Programs Project Management Protective Liability Insurance 3.3-1) 4.2. 2, 4. 2.7, 5.3.1, 10. 1 , 10.2, 10. 6 Samples, Definition of 11 . 3 3.12. 3 Project Manual, Definition of the Samples, Shop Drawings, Product Data and 1.1.7 3.u, 3 . 12 , 4.2.7 Project Manuals Samples at the Site, Documents and 2.2.5 3 . 11 Project Representatives Schedule of Values 4. 2. 10 9 , 2 ) 9- 3- 1 Property Insurance 10.2.5, 11 . 4 Schedules, Construction PROTECTION OF PERSONS AND 1.4.1.2, 3.10, 3. 12. 1, 3.12.2, 4.3.7.2, 6. 1. 3 Separate Contracts and Contractors PROPERTY 1. 1.4, 3.12.5, 3. 14.2, 4.2.4, 4. 2.7, 4. 6.4, 6, 8.3.1, 10 11.4.7, 12. 1.2, 12. 2.5 Regulations and Laws Shop Drawings, Definition of 1. 6, 3. 2.2, 3. 6, 3.7, 3. 12.10, 3. 13, 4. 1. 13 4.4. 8, 4. 6, 3.12.1 9. 6.4 9.9.1, 10. 2. 2, 11.1, 11.4, 13. 1, 13.4, 13.5. 1, Shop Drawings, Product Data and Samples 13.5.2513. 6114 3.u, 3 . 12 , 4. 2.7 Rejection of Work Site, Use of 3.5. 1, 4. 2. 6, 12.2.1 3.13, 6.1.1, 6.2.1 Releases and Waivers of Liens Site Inspections 9. 10.2 1.2.2, 3.2.1, 3. 3.3, 3.7.1, 4.2, 4. 3.4, 9.4.2, 9. 10. 1, Representations 13. 5o 1.5.2, 3.5.1, 3. 12. 6, 6. 2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, Site Visits, Architect's ~� rr w, 9. 8.2) 9. 10, 1 4. 2. 2, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9. 10.1, 13.5 Representatives Special Inspections and Testing 2. 1. 1, 3.1.1, 3.9, 4. 1.1, 4. 2. 1, 4.2. 10, 5 .1.1, 5 .1. 2, 4. 2. 6, 12.2.1, 13.5 01997 AIA® 13.2. 1 Specifications, Definition of the AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE © Copyright 1911, 1915, 1918, 1925, 1937 1951 , 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The-- CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004 . 7 1.1. 6 5.4.2214.3 Specifications, The Suspension or Termination of the Contract 1.1. 13 1 . 1 . 6, 1. 1.7, 1.2. 2, 1. 6, 3. 11, 3.12.10, 3. 17 4.3. 63 5 .4.1.13 11.4.92 14 Statute of Limitations Takes 4. 6.3, 12.2. 6, 13.7 3 . 6, 3. 8. 2. 1, 7. 3. 6.4 Stopping the Work Termination by the Contractor 2. 3, 4. 3. 6, 9.72 10.3, 14,1 4. 3. 10, 14 . 1 Stored Materials Termination by the Owner for Cause 6. 2.1, 9-3.2110. 2. 1. 2, 10.24 11.4. 1.4 4. 3. 10, 5. 4.1.1, 14 . 2 Subcontractor, Definition of Termination of the Architect 5. 1.1 4.1. 3 SUBCONTRACTORS Termination of the Contractor 5 14.2. 2 Subcontractors, Work by TERMINATION OR SUSPENSION OF THE 1. 2.2, 3. 3.2, 3. 12.1, 4.232 5.232 532 5.42 9.3. 1.2 CONTRACT THIS DOCUMENT HAS IMPORTANT LEGAL 9' 6'7 14 CONSEQUENCES, CONSULTATION WITH AN Subcontractual Relations Tests and Inspections ATTORNEY 15 ENCOURAGED WITH 5 . 3, 549-3-1.2, 9. 6, 9. 1010.2. 1, 11.4.7, 11.4. 81 3. 132 3332 4.2.2 4.2. 62 4. 2.92 9.4. 2 9. 832 9.9. 2 RESPECT TO ITS COMPLETION OR 14. 1, 14. 2. 1, 14. 3.29. 10. 1, 10. 3. 2, 11.4. 1. 1, 12.2.1, 13 . 5 MODIFICATION. AUTHENTICATION OF THIS Submittals TIME ELECTRONICALLY DRAFTED AIA 1. 6, 3. 10, 3. 112 3. 12, 4. 2.72 5. 2. 12 5. 2. 3. 7. 3. 6, 9. 2, 8 DOCUMENT MAY BE MADE BY USING AIA 9. 32 9. 82 9.9. 1, 9. 10. 22 9. 10. 3, 11. 1.3 DOCUMENT M1. Subrogation, Waivers of Time, Delays and Extensions of 6. 1.1, 11.4. 5, 11 . 4 . 7 3,23, 4-3- 1) 4. 3.42 4. 3.72 4.4. 52 5. 2.32 7.2. 12 7.3.12 This document has been approved and Substantial Completion 7.4. 1, 7.5. 1, 8 . 3 , 9.5 . 1, 9-7,1, 10-3.2, 1o. 6. 1, 14.3.2 endorsed by The Associated General 4. 2.9, 8.1. 1, 8. 1. 3, 8.2.3, 9.4. 23 9 . 82 9.9. 1, 9.10.3, Time Limits Contractors of America. 9.10.4. 2, 12.2, 13.7 2.1. 2, 2. 2, 2. 42 3.2.1, 3.7.3, 3.10, 3. 11, 3.12.5, 3. 15. 12 Substantial Completion, Definition of 4.22 4. 32 4.42 4.52 4. 62 5.22 5. 32 5.42 6. 2.42 732 9. 8.1 7.4, 8.229.229. 3. 129.3329.4.129.529. 629.729. 82 Substitution of Subcontractors 9.92 9. 10, 11.1. 3211.4.1. 5, 11.4. 6, 11.4.10, 12. 2, 13. 52 5. 2.32 5.2.4 13,7, 14 Substitution of Architect Time Limits on Claims 4. 1.3 4 . 3 . 2 , 4.3.424.3. 824.424. 524. 6 Substitutions of Materials Title to Work 3.4.223.5. 127.3.7 9.3. 2293.3 Sub-subcontractor, Definition of UNCOVERING AND CORRECTION OF 5. 1.2 WORK Subsurface Conditions 12 43.4 Uncovering of Work Successors and Assigns 12 1 13 . 2 Unforeseen Conditions Superintendent 4.3.42 8, 3- 1, 10,3 3 . 9, 10.2. 6 Unit Prices Supervision and Construction Procedures 4. 3.92 7.3.3.2 1.2.2, 3 . 31 3.42 3. 12. 102 4.2.22 4. 2.72 4.3.32 6. 1. 3, Use of Documents 6.24 7.1.3, 7.3. 62 8.22 8. 3.12 9.4. 2) 10) 12214 1. 1. 121. 62 2.2. 52 3.12. 62 5. 3 Surety Use of Site 4-4.7, 541.23 9. 8.52 9. 10. 22 9. 10. 32 14.2.2 3 . 132 6.1.12 6.2.1 Surety, Consent of Values, Schedule of 9.10.22 9.10.3 9 , 2 # 93d Surveys Waiver of Claims by the Architect - ;r 2.2.3 13.4.2 Suspension by the Owner for Convenience Waiver of Claims by the Contractor 14 . 4 4. 3. 102 9. 10-52 U-4.7, 1342 01997 AIA® Suspension of the Work AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE m Copyright 1911, 1915, 1918, 1925, 1937 1951 , 19588 19618 1963, 19 , 1967, 1970, 1976, 1987, 1997 by ThF TheCONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 8 Waiver of Claims by the Owner Written Consent 4. 3.10, 9.9.3, 9. 10. 3, 9. 10.4, 11.4. 3, 11.4. 5311.4.7, 1. 6, 3.4.2, 3.12. 8, 3. 14. 22 4.1.22 4.3.4, 4. 6.4, 9.3.2, 12.2.2. 1, 13.4.2, 14.2.4 9. 8.52 9.9. 13 9.10.2, 9.10. 3, 11.4.1, 13.2, 13.4.2 Waiver of Consequential Damages Written Interpretations 4 . 3 . 10314. 2.4 4.2.11, 4.2.12, 4. 3. 6 Waiver of Liens Written Notice 9.10.2, 9.10.4 2.3, 2.4, 3. 3.1, 3.92 3.12.9, 3. 12. 10, 4. 3, 4.4. 8, Waivers of Subrogation 4. 6.5, 5.2.1, 8.2.2, 9.7, 9. 10, 10.2.2, 10.3, 11.1.3, 6.1.1, 11.4.5, 11 . 4 . 7 11.4. 6, 12.2.2, 12.2.4, 13 . 3, 14 Warranty Written Orders 3 . 5, 4.2.9, 4.3.5.35 9.3.3, 9. 8.43 9.9. 1, 9. 10.4, 1.1.11 2. 3, 3.9, 4.3. 6, 7, 8. 2. 2, 11.4.8, 12. 1, 12. 22 12.2. 2, 13.7.1.3 13. 5 .2, 14. 3.1 Weather Delays 4.3.7.2 Work, Definition of THIS DOCUMENT HAS IMPORTANT LEGAL 1.1. 3 CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR ARTICLE 1 GENERAL PROVISIONS MODIFICATION. AUTHENTICATION OFTH15 1 . 1 BASIC DEFINITIONS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 1 . 1 . 1 THE CONTRACT DOCUMENTS DOCUMENT D401 . The Contract Documents consist of the Agreement between Owner and Contractor ( hereinafter the Agreement) , Conditions of the Contract ( General, Supplementary and other This document has been approved and Conditions) , Drawings, Specifications, Addenda issued prior to execution of the Contract, endorsed by The Associated General other documents listed in the Agreement and Modifications issued after execution of the Contractors of America. 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 ( advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements) . 1 . 1 . 2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract, together with the performance bond and payment bond , if any. 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) except as may be expressly provided in the agreement between the Owner and Architect or (4) between any other persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1 . 1 . 3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. Sm. . The Work may constitute the whole or a part of the Project. 5 ,�; i 1 . 1 . 4 THE PROJECT 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE 0 Copyright 1911 , 1915, 1918, 1925, 1937, 1951, 1958, 1961 , 1963, 19661 1967, 1970, 1976, 1987, 1997 by ThF TheCONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 9 The Project is the total construction described in the Agreement 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 . 13 THE PROJECT MANUAL THIS DOCUMENT HAS IMPORTANT LEGAL The Project Manual is a volume assembled for the Work which may include the bidding CONSEQUENCES. CONSULTATION WITH AN requirements, sample forms, Conditions of the Contract and Specifications. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 1 . 2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS MODIFICATION. AUTHENTICATION OF THIS 1 . 2 . 1 The intent of the Contract Documents is to include all items necessary for the proper ELECTRONICALLY DRAFTED AIA execution and completion of the Work by the Contractor. The Contract Documents are DOCUMENT MAY BE MADE BY USING A/A complementary, and what is required by one shall be as binding as if required by all ; DOCUMENT D401. 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 This document has been approved and results. In the event of a conflict or inconsistency in or among the Contract endorsed by The Associated General Documents or between the Contract Documents and applicable codes in effect at the Contractors of America. time the Contract Sum is bid or neciotiated the Contractor shall , unless directed otherwise in writing by the Owner, provided the greatest quantity, highest quality highest decree of safety, and most stringent material equipment or work . 1 . 2 . 2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1 . 2 . 3 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1 . 3 CAPITALIZATION 1 . 3 . 1 Terms capitalized in these General Conditions include those which are ( i) specifically defined, ( 2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document 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. M&li oil P1 I-W �• • • - •.R 1 . 5 EXECUTION OF CONTRACT DOCUMENTS ® 1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911 , 1915, 1918, 1925, 19370 1951s 1958, 1961, 1963, 1966o 1967, 1970, 197 , 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006- 5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 10 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 genefally 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 DOCUMENTS rnT c-rrr�-a�r� crc SERVICE cc 1 . 6 . 1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect' s consultants describe the Work to be executed by the Contractor. Unless Owner fails to pay Architect therefore . Owner shall be deemed the owner of the Drawings . Specifications and other documents and THIS DOCUMENT HAS IMPORTANT LEGAL shall have and retain all rights therein . In the event the Owner is adjudged to have CONSEQUENCES. CONSULTATION WITH AN failed to pay Architect therefore ownership of such Drawings . Specifications and ATTORNEY 15 ENCOURAGED WITH other documents and all rights therein , shall revert to the Architect . arei�ems�€ RESPECTTOIAUTHEAUTHECOMPLETIONOR 1, t, ti • �t, + 1. ,. � � �...-y + „ >,.. ,,.,,,.. .+ „a t,, , + t, ,, r' ,... + .., ,.+ „r :�� MODIFICATION. AUTHENTICATION OF THIS c + a ^ .� The Contractor ELECTRONICALLY DRAFTED AIA may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or DOCUMENT MAY BE MADE BY USING AIA material or equipment supplier shall own or claim a copyright in the Drawings, Specifications DOCUMENT MI. and other documents prepared by the Architect or the Architect's consultants-i.. -and unless - This document has been approved and them -and -wig Fetain -a}} cemmen4aw; statutery -an4ethe reed -righ% -in addi#ien4e -he - endorsed by The Associated General espyf-ights. All copies of instmmen4s -ef Sefvicesuch Drawings . Specifications and other Contractors of America. documents , 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, Ar-ehiteR -and -tke -acrrisccrs eensultants. - Gentr-aeter; entr-acterss , Sub sumbrAntmetefs -and fnater-ial -of equipment suppliers -are - auther4ed-te use-and Fepfeduf2 appkable peftiens of the D..,., .,ing Specific ,+ ; ,,,, s and other in -4heexecutiei -ef4heix- lVeflEundef -theGentfae4 ,ents. X A -Fepies made undef4kis - aa4hefi2atien -shall -beaf -the statute eepyr4ght nefirze) 4 -ani shewn -en 4he Dr-a-wings, - SpeEifieat-iens-and AthefdeEumen4s-pfepafed*4he A -ehiteE+ -an4. A fehitee+ ' . 1+ ., ., + . zacxaitccc Taczri'cccc�ivcr9rixcccczaT- Stibmittal -of dis4fibutien -4e meet eff tial fegulatefy fequifements -er -fef Athef -parpeses -ift - Eeonee4ien with 4his Pr-eject -is -flet 4e -be rzenstfaed -as pahlicatien -in defegatien -e 4he - 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 have expfess authority to represent bind the Owner with respect to all matters requiring the Owner's representation . . Except as otherwise provided in Subparagraph 4.2J, the Architect does not have such authority. The 16� oil91 ID4 P1 t-W 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 evaluate, give notice 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911 , 1915, 1918, 19 5, 1937, 1951, 19581 19610 1963l 1966, 1967, 19701 1 7 , 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 11 of or enforce a_ymechanic ' s lien rights against performance or payment bonds. 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 evidence that financial arrangements have been made to fulfill the Owner's payment obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement of the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. 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 shall secure and pay for necessary approvals, easements, assessments and charges required for construction, THIS DOCUMENT HAS IMPORTANT LEGAL use or occupancy of permanent structures or for permanent changes in existing facilities. CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH 2 . 2 . 3 The Owner shall furnish surveys describing physical characteristics, legal limitations RESPECT TO ITS COMPLETION OR and utility locations for the site of the Project, and a legal description of the site. The MODIFICATION. AUTHENTICATION OF THIS Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but ELECTRONICALLY DRAFTED AIA shall exercise proper precautions relating to the safe performance of the Work. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 2 . 2 . 4 Information or services required of the Owner by the Contract Documents shall be This document has been approved and furnished by the Owner with reasonable promptness. Any other information or services endorsed by The Associated General relevant which are under the Owner's control and which are necessary to the Contractors of America. Contractor's performance of the Work amle;: 41e 9; �FRe>=' s eentrel shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2 . 2 . 5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2 . 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 reqairzed*-Paragraph i2. or persistent fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6. 1. 3. 2 . 4 OWNER ' S RIGHT TO CARRY OUT THE WORK 2 . 4 . 1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner rxay afterst kseven day-geried-grive4he Geutr-aeter-a seeend-rotten- netice -te t -soh deficiencies , . -a three d peried. 44he Gent eFwithin -sueh - a1}ydefirzieneieT -theOwnemay, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting .wl � mss + 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 and expenses made necessary by such default, neglect or failure . Such action by the 01997 AIA® Owner and amounts charged to the Contractor are both subject to prior approval of the AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE 0 Copyright 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 12 Architect. 4 pa}dents -then -ef ' e -4ae4heGentr-acte -are-nets, . e-,a�t4eceve -suiE3- . t . the !` , ntr-e ,-t „r- shall pay the diff .encCe ♦ e Ghe Qvffief- 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 representative. 3 . 1 . 2 The Contractor shall perform the Work in accordance with the Contract Documents. 3 . 1 . 3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect' s administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN 3 . 2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY ATTORNEY IS ENCOURAGED WITH CONTRACTOR RESPECT TO ITS COMPLETION OR 3 . 2 . 1 Since the Contract Documents are complementary, before starting each portion of the MODIFICATION. AUTHENTICATION OF THIS Work, the Contractor shall carefullystud d are the various Drawings and other ELECTRONICALLY DRAFTED AIA y ancompare ous g DOCUMENT MAY BE MADE BY USING AIA Contract Documents relative to that portion of the Work, as well as the information furnished DOCUMENT MI. by the Owner pursuant to Subparagraph 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 This document has been approved and affecting it. Any errors , inconsistencies or omissions in the Contract Documents endorsedbyThe Associated General discovered by the Contractor shall be reported promptly to the Architect and the Contractors of America. Owner as a request for information in such form as the Architect or the Owner may require . Tkeseebligatiens ale444he ese of faeilita in -�uefien *4he Gentr-aaer- 13ef-EHmei245; -136'r1TeYeF -a$y ennfiSiei35 -diScvvcicQ vvnrraccvr - SMl "e -re'perted grefilpfly4e4ienz a eEt -as -a regeest -fe> ifer-matien -inssueh -€efm -as4ke - n ,.Ehi eram&y a , ;tom 3 . 2 . 2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect and the Owner in writing .543�ut449Feeegnized4h*#4lie- Eentr-acter-'s revieN ismade-in4hedentr-aeter's eapaei4y-as-a Entfacter-an4-neo-as- lieensed- design -pr-efessienal unless ease specifircaly pr-evided -in 4he Gextr-aE4 T4s: The. While 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, btA any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect and the Owner in writing. 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 Subparagraphs 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Subparagraphs 4. 3. 6 and 4.3.7. If the Contractor fails to perform the obligations of Subparagraphs 3. 2. 1 and 3. 2. 2, the Contractor shall pay such costs and damages to the Owner as would have 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 +wNA measurements or conditions and the Contract Documents unless the Contractor recognized or. � , w in the exercise of ordinary care , reasonably should have recognized such error, inconsistency, omission or difference and knewing failed to report it in writing to the Architect and the Owner. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE m Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 19611 1963, 1966, 1967, 1970, 1976, 1997, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 13 3 . 3 SUPERVISION AND CONSTRUCTION PROCEDURES 3 . 3 . 1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, Mess 4ie Gentr-aEt Doetiments -gi*e ether specifiE instfuctiens - Eeneeming -these ~meters: -lf 4he Gentfaet -Deeuments -give sper:i& instmetions EenEer ing - ^e�tstt:uEtien means; prods, tomes; segtsenEes des; -the Ge ete -sliall - evaluate 4he -jobsite -safety ther-eefexcept -as stated belew, -shall -be 4:411y -and -solely - r-espeasible far- the jebsite safety ef sueh means, metheds, techniques, sequences or- pr-ecedures. If-theGentr-acte deteEmines -that-sueh fneaus, methods, teehniques, sequenc-es -of gFeEedurres- may net be safe, the Gofttr-aaer- shall give timely wpitten fiefice to the &ORRer- ffifld. Aff-c--hitpc-.4 And shall-net preEeed-vitt}-diatPel4jell ef-tlieIALAlE WitheUt fuAhe itteninstruEtiefts4rom-the- Ar-Ehitect. 44heGontr-aEto4s4kei3iftstruE#ed-tepfeEeed -witk-the FequiFed -mead , - te sequences -of pfec;edur-es -of changes d * -he THIS DOCUMENT HAS IMPORTANT LEGAL Gent' a - " - - ' the - -- - - `-- - ll-- - - - - - - -' - - - ` - --` -- - - - - any - damage . CONSEQUENCES. CONSULTATION WITH AN 3 . 3 . 2 The Contractor shall be responsible to the Owner for acts and omissions of the ATTORNEY IS ENCOURAGED WITH P RESPECT TO ITS COMPLETION OR Contractor. Contractor's employees, Subcontractors and their agents and employees, and MODIFICATION. AUTHENTICATION OF THIS other persons or entities performing portions of the Work for or on behalf of the Contractor or ELECTRONICALLY DRAFTED AIA any of its Subcontractors. DOCUMENT MAY BE MADE BY U51NG AIA DOCUMENT D401. 3 . 3 . 3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. This document has been approved and endorsed by The Associated General 3 . 4 LABOR AND MATERIALS Contractors of America. 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 services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3 . 4 . 2 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 all other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 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 conforming to these requirements, including substitutions not properly approved and authorized, may will 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 or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 3 . 6 TAXES 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE ® opyri t 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987, 1997 y e CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U . S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 14 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 received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3 . 7 PERMITS, FEES AND NOTICES 3 . 7 . 1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or 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 While It It is not the Contractors responsibility to ascertain that the Contract THIS DOCUMENT HAS IMPORTANT LEGAL Documents are in accordance with applicable laws, statutes, ordinances, building codes, and CONSEOUENCES. CONSULTATION WITHAN rules and regulations.. #ewevef, if the Contractor observes that portions of the Contract ATTORNEY 15 ENCOURAGED WITH Documents are at variance therewith, the Contractor shall promptly notify the Architect and RESPECT TO ITS COMPLETION OR Owner in writing, and necessary changes shall be accomplished by appropriate Modification. MODIFICATION, AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 3 . 7 . 4 If the Contractor performs Work knowing it to be contrary to laws, statutes, DOCUMENT MAY BE MADE BY USING AIA ordinances, building codes, and rules and regulations without such notice to the Architect and DOCUMENT 0401. Owner, the Contractor shall assume apprspFiate responsibility for correction of such Work This document has been approved and and shall bear the costs of losses and expenses attributable to correction. endorsed by The Associated General Contractors of America. 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; . 2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; . 3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect ( i) the difference between actual costs and the allowances under Clause 3. 8. 2.1 and ( 2) changes in Contractor's costs and other expenses under Clause 3. 8. 2.2, 3 . 8 . 3 Materials and equipment under an allowance shall be selected by the Owner in _ sufficient time to avoid delay in the Work. 3 . 9 SUPERINTENDENT 3 . 9 . 1 The Contractor shall employ a competent superintendent and necessary assistants Is who shall be in attendance at the Project site during performance of the Work. The '�"�' juperintendent shall be satisfactory to the Owner . So long as the superintendent remains employed by the Contractor or any related enter the superintendent shall not ® 1997 AIA® be replaced without the Owner's prior written request . The superintendent shall represent AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE ® Copyright 1911 , 1915, 1918, 1925, 1937, 1951, 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987, 1997 by TWO CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 15 the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing . Other communications shall be similarly confirmed 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 intervals 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 provide for expeditious and practicable execution of the Work. 3 . 10. 2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals . THIS DOCUMENT HAS IMPORTANT LEGAL 3 . 10. 3 The Contractor shall perform the Work in general accordance with the most recent CONSEQUENCES.ENCOUCONSULRAGEDATION WITH AN P g ATTORNEY /S ENCOURAGED WITH schedules submitted to the Owner and Architect. RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS 3 . 11 DOCUMENTS AND SAMPLES AT THE SITE ELECTRONICALLY DRAFTED AIA 3 . 11 . 1 The Contractor shall maintain at the site for the Owner one record copy of the DOCUMENT MAY BE MADE BY USING AIA Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and DOCUMENT D401. marked currently to record field changes and selections made during construction, and one This document has been approved and record copy of approved Shop Drawings, Product Data, Samples and similar required endorsed by The Associated General submittals. These shall be available to the Architect and shall be delivered to the Architect for Contractors of America. 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 given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Subparagraph 4. 2.7. Informational submittals upon which the Architect is not expected to take responsive 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 Ow. .� required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. oi99� ni^® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE O Copyright 1911 , 1915, 1918, 1925, 1937, 1951 , 19580 1961, 1963, 1966, 1997, 1970, 19760 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004 . 16 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 review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. 3 . 12 . 8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such THIS DOCUMENT HAS IMPORTANT LEGAL deviation at the time of submittal and ( i) the Architect has , with prior approval of the Owner CONSEQUENCES. CONSULTATION WITH AN given written approval to the specific deviation as a minor change in the Work, or ( 2) a Change ATTORNEY IS ENCOURAGED WITH Order or Construction Change Directive has been issued authorizing the deviation. The RESPECT TO ITS COMPLETION OR Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, MODIFICATION. AUTHENTICATION OF THIS Product Data, Samples or similar submittals by the Architect's approval thereof. ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY U51NG AIA 3 . 12 . 9 The Contractor shall direct specific attention, in writing or on resubmitted Shop DOCUMENT D401. 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 This document has been approved and approval of a resubmission shall not apply to such revisions. endorsed by The Associated General Contractors of America. 3 . 12 . 10 The Contractor shall not be required to provide 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 provide such services 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 services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared 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 services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Subparagraph 3. 12. 1o, 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, f . � ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 01997 AIA® 3 . 14 CUTTING AND PATCHING AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911 , 1915, 1918, 19 5, 19371 19511 1958, 1 1 , 1963, 1966, 1967, 1970, 1976, 19878 1997 by Then CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below. User Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 17 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 THIS DOCUMENT HAS IMPORTANT LEGAL Contractors tools, construction equipment, machinery and surplus materials. CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH 3 . 15 . 2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner RESPECT TO ITS COMPLETION OR may do so and the cost thereof shall be charged to the Contractor. MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 3 . 16 ACCESS TO WORK DOCUMENT MAY BE MADE BY USING AIA 3 . 16 . 1 The Contractor shall provide the Owner and Architect access to the Work in DOCUMENT D401. preparation and progress wherever located. This document has been approved and endorsed by The Associated General 3 . 17 ROYALTIES, PATENTS AND COPYRIGHTS Contractors of America. 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 believe 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 belief 446ffliat-ien is promptly furnished in writing to the Architect and the Owner. 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 tManagement nterztive Liabili insurance purchased by the Contractor in accordance with ARTICLE 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, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property ( other than the Work itself) , but only to the extent caused by the intentional , reckless or 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 ors. person described in this Paragraph 3. 18. Indemnification is limited to $ 1 million per occurrence . 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE ® Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961 , 1963, 19 , 1967, 1970, 1976, 19871 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U . S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 18 3 . 18 . 2 In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 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 THIS DOCUMENT HAS IMPORTANT LEGAL Contract Documents shall not be restricted, modified or extended without written consent of CONSEQUENCES. CONSULTATION WITHAN the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 4 . 1 . 3 If the employment of the Architect is terminated, the Owner shall employ a new MODIFICATION. AUTHENTICATION OF THIS Architect against whom the Contractor has no reasonable objection and whose status under the ELECTRONICALLY DRAFTED AIA Contract Documents shall be that of the former Architect. DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 4 . 2 ARCHITECT ' S ADMINISTRATION OF THE CONTRACT This document has been approved and 4 . 2 . 1 The Architect will provide administration of the Contract as described in the Contract endorsed by The Associated General Documents, and will be an Owner's representative ( 1) during construction, ( 2) until final Contractors of America. 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 Paragraph 12. 2. The Architect will advise and consult with the Owner. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. 4 . 2 . 2 The Architect, as a representative of the Owner, will shall visit the site at intervals appropriate to the stage of the Contractor's operations or as otherwise agreed by the Owner and the Architect in Article 2 . 8 , of the Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ( 1) to become geaer-ally familiar with and to the best of his knowledge . 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 deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manne indicating 4ha -tie mak; wheft -fiAly cempleted, -will -be in accordance with the Contract Documents. T'sewev"r the A r,.l. : eet will met be r 'ea to make Arehiteet-will neitheF4iew Fen * r-el eve> -of-ckerge-e€ tie -be respensible4er-, 4he een - Fneans, fnetkedss techniques, des -or -pfeeedures, -of -feF 4he s -a14 - pr-egr-ams -ift mien -% i#b -tl}e 3Xl , rine-ea these are -selely -eke aeter's 4glAs -a-n4 - r-espensibilities under- the Gentmet Deetiments, except as pr-Ewided in Subparagraph 3.3. i. 4. 2 . 3 The nracmicctNy l� be r sibl„ fer- the /'` entr-.stere'. failure to perF Fm the \A in acEer-dance -the elmeets of the GentFaEt ts:41eAmhiteet-w111-eet43ave- GeRtFe eveF-of{-13a1`ge of arid-will-flet-be respensible4e --a t-s-eF emissier1$ of the 69Atr-aEt9r-;- ity a cube „ar eter-sT -eF -their- agents -&F �leyees, -eF -a ff ethe peFSens -eF -entities -� - t' peFtions of the Wer-k. 4 . 2 . 4 Communications Facilitating Contract Administration . Except as otherwise 01997 AIA® provided in the Contract Documents, eF when dir-eEt communiczatie 4ia-ve43een specially - AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE ® Copyright 1911 , 1915, 19180 1925, 1937, 1951 , 19580 1961, 19631 1966; 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below. User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 19 the Owner and Contractor shall initially endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4 . 2 . 5 Based on the Architect's evaluations of the Work as provided in Subparagraph 4 . 2 . 2 and on the data comprising the Contractor' s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4 . 2 . 6 The Architect will have authe -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 Subparagraphs 13. 5. 2 and 13.5 .3, whether or not such Work is fabricated, installed or completed. THIS DOCUMENT HAS IMPORTANT LEGAL However, neither this authority of the Architect nor a decision made in good faith either to CONSEOUENCES. CONSULTATION WITHAN exercise or not to exercise such authority shall give rise to a duty or responsibility of the ATTORNEY 15 ENCOURAGED WITH Architect or the Owner to the Contractor, Subcontractors, material and equipment suppliers, RESPECT TO ITS COMPLETION OR their agents or employees, or other persons or entities performing portions of the Work. MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 4 . 2 . 7 The Architect will review and approve or take other appropriate action upon the DOCUMENT MAY BE MADE BY USING AIA Contractor' s submittals such as Shop Drawings, Product Data and Samples, but only for the DOCUMENT D401 . limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable This document has been approved and promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or endorsed by The Associated General separate contractors, while allowing sufficient time in the Architect's professional judgment to Contractors of America. permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4 . 2 . 8 The Architect will prepare Change Orders and Construction Change Directives, and may with the prior written approval of the Owner's Representative , authorize minor changes in the Work as provided in Paragraph 7.4. 4 . 2 . 9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4 . 2 . 10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project i, f any representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. ,F, A fr• � 4 . 2 . 11 The Architect will initially 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 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911, 1 15, 1918, 1 5, 1937, 1951 , 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below. User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 20 Emits 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 Paragraph 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 Initial 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 initial interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of initial 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. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN 4 . 3 CLAIMS AND DISPUTES ATTORNEY IS ENCOURAGED WITH 4 . 3 . 1 Definition . A Claim is a demand or assertion by one of the parties seeking, as a RESPECT TO ITS COMPLETION OR matter of right, adjustment erg of Contract terms, payment of money, extension MODIFICATION. AUTHENTICATION OF TH15 of time or other relief with respect to the terms of the Contract. The term "Claim" also includes ELECTRONICALLY DRAFTED AIA other disputes and matters in question between the Owner and Contractor arising out of or DOCUMENT MAY BE MADE BY USING AIA relating to the Contract. Claims must be initiated by written notice . Claims shall be initiated DOCUMENT D401. by written notice and shall be expressly stated to be a Claim under this paragraph 4 . 3 . This document has been a roved and Th ii t . to Claims ..hall Fest with the pa fliy ... .. 1dmg the ,1 .a4fl. PP r b � endorsed by The Associated General Contractors of America. 4 . 3 . 2 Time Limits on Claims . Claims by either party shall 1fmA be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims shall 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 Subparagraph 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 provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The 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 " _,.Lite.* ,let ,,... .. : nes 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 findings eletfatierl must be made within 21 days after the Architect has given notice of the finding . f. , 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 that the conditions are materially different or cannot agree on an adjustment in the Contract Sum or Contract 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE 0 Copyright 1911, 1915, 1918, 1 5, 1937, 1951 , 1958, 1 1, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 21 Time, the matter shall be adiwAfneiA -shall -be refefFed 4e -#fie Arrehiteet -feF dial - subject to further proceedings pursuant to Paragraph 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. Such notice shall include , to the extent then known by Contractor, full details and substantiating data to permit evaluation by the Owner and the Architect If further, or other, information subsequently becomes known to contractor, it shall be promptly furnished to the Owner and the Architect in writing . Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph io. 6. 4 . 3 . 6 If the Contractor believes additional cost is involved for reasons including but not limited to ( i ) 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 THIS DOCUMENT HAS IMPORTANT LEGAL issued by the Architect, ( 4) failure of payment by the Owner, ( 5 ) termination of the Contract by CONSEQUENCES. CONSULTATION WITHAN the Owner, ( 6) Owner's suspension or ( 7) other reasonable grounds, Claim shall be filed in ATTORNEY IS ENCOURAGED WITH accordance with this Paragraph 4.3. Failure to file any such Claim in accordance with this RESPECT TO ITS COMPLETION OR Paragraph 4 . 3 shall constitute a waiver thereof. MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 4 . 3 . 7 Claims for Additional Time DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 . 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 This document has been approved and cost and of probable effect of delay on progress of the Work. In the case of a continuing delay endorsed by The Associated General only one Claim is necessary. Contractors of America. 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 seasonallyabnormal at the Project site for the period of time, could not have 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 Architect and the other party within a reasonable time not exceeding 2i days after discovery. The notice shall provide 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 Waiver of Claims . The Contractor waives Claims against the Owner for principal office expenses including the compensation of personnel stationed there . except those directly assigned to the �P�roject to the extent of such assignment.Claims f4* Conseq � entiaI s. -The GentFacter-&nd ll. . ,ner- . ... a Claims against eachvmcF_ feF -9itt -of -of rtela4ing 4e 4his Gvi'ccrescr. skis -Fl}FktFkal vef s + � } damages ifteriFFed * 4he OwneF 4of Fental expenses -fef 4esses -ef use, tnEefne; - � r ' - --t' financing, -business -a*d Feputation, -a*d 46P 4eSB - -F.13anagement -er- -01997 AIA® e" s° a AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Q Copyright 1911, 1915, 1918, 1 5, 1937, 1951 , 1958, 1961, 1963, 1966, 1 7, 1970t 1976, 19871 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U . S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C. 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below. expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 22 dafnages -ieeurred * 4he Gentrac-ter -fer pial e€fce expensesifwluding4ke - cempensetienef persennel statiened-there;-far lesser eft husiness-and- r�ien; -and -fff4ess -ef-pre€txeept anticipated -pre€rt arisingElifeEt -ft-em - the -Wer-k. shall -be deemed 4e pfeclude -an ward -ef -liquidated direEt dafxages, when applicable, -in - 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 Paragraphs 10. 3 through io.5, shall may. upon request of both the Owner and the Contractor, be referred initially to the Architect for a recommendation . deEisien: AR mal deEisien -by 4he ^ -pct -shall -be wed -as -a - THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN and 9NYRer ar}sing prier4e4he-da4e-f nal payment4s-lue; unless-3e4ays-have-passed-after4he- ATTORNEY IS ENCOURAGED WITH Claim -has -been referred -te 4he ^z tect -% itk -ne deeisien having -been " * 4he - RESPECT TO ITS COMPLETION OR Architect.ect. -The Architect -wi4 -net decide disputes between 4he Gentracter -and persons -of - MODIFICATION. AUTHENTICATION OF THIS entities ether- than a11e nNffie} ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 4 . 4 . 2 The Architect will review all Claims referred and within ten days of the receipt of the DOCUMENT D401. Claim take one or more of the following actions: ( 1) request additional supporting data from This document has been approved and the claimant or a response with supporting data from the other party, ( 2) recommend rejeE4 endorsed by The Associated General renectina the Claim in whole or in part, ( 3) recommend approval of appfeve the Claim, ( 4) Contractors of America. recommend suggest a compromise, or ( 5 ) advise the parties that the Architect is unable to make a recommendation feselve4he Claim if the Architect lacks sufficient information to evaluate 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 make a recommendation . reselve 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_ eft perseas -wm-s eEial edge-ef expertise-vhe- may assist -the ^ _pct in render-ing -a deEisien.. -The ^z hitee -tray request 4he 9Nvnef 4e - 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 en or the requested supporting data, advise 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 take one of the last four (4 ) numbered actions contemplated in subparagraph 4 .4 .2 , in writing stating the reasons therefore . eitber-FejeEt-er approve - the 4.4.5 The ^z kest-will appfeve-ef-rejec4 Glaifns* wMtendeaisienrwhieh -shall state4he- feasens thefefer -and which -shall -notify -the pafties -of any Ehenge -in -the GentfaR SUM -er - fitmetTime er- both. The r r e, . the Ar-rzhiterzt shau be final binding en the pat4ies but subjeEt te mediatien and arbitration. +!. .-W OW •r 4�G6 When a %Tit4en deeisien ef the AFehiteet states that ( t) the decision is final but subject 111111111MIIIIIII to medlatien -and arbltfatien -and 434 -a demand 4er arbitfatien -of-a Claim eEwer-ed * -such - decisiAn must-be made Nvithi-3e -&3 s -after 4he-date -em which3e pafty 3g 3e demand_ 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE 0 Copyright 1911, 1915, 1918, 1925, 19371 1951 , 19581 1961, 1963, 1966, 19671 1970, 1976, 1987, 1997 by The" CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 23 lyes -he -ffli,al Nffit4elltfieft €awe to Elemand said 3e - peFiedshod! Feift the A _,.hite,. .' s a ,,,.: riel . beEeFflifig-€malted bifidifig ,pen the O, . nef and. Gentr-aeten if the Architect Fenders a deEisien after- afbilir-afieft pr-eceedings have been initiated.. . sw4 dercisien -may -be excel ed -as &Adenee, -s aU -net: supersede afbi#ratien r-eeeedings - „ 1ess the a ,,,.isie.. : aerzeptable t .. aH pai4ies cefteemed. 444 i4pen feezeipt -of -a Claim against -the Gentrarzter -ef -at -any 4ime zaeFeane-r 4he - A hi t ef the QNYI mary, but is et abli .,ted to a f; the sufety, if a", of the antior-ta And ameunt of the Gla.ipfl. If dh . Claimrelates to a pes..ibA t, e f a f` e tr- ,•te 's default, the Mr--hite.•t erre m � t3e sure sur-ety's assistance in fes4f�g the szentfever-sy. 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 final resolution of the Claim, by 4he Architect,hitect, rnediatien -erby - �� THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN 4 . 5 MEDIATION ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 4 . 5 . 1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic MODIFICATION. AUTHENTICATION OF THIS effect and except those waived as provided for in Subparagraphs 4.3. 10, 9. 10.4 and 9. 10.5 shall,— ELECTRONICALLY DRAFTED AIA a ief initial deeisien-by-the nz a hiicci-eF 30 days tTsubmissien of the r`1aim to the A _,-i, :teiet 5 DOCUMENT MAY BE MADE BY USING AIA be subject to mediation as a condition precedent to arbitratien -ef the institution of legal or DOCUMENT MI. equitable proceedings by either party. This document has been approved and 4 . 5 . 2 The parties shall endeavor to resolve their Claims by mediation which, unless the endorsed by The Associated General parties mutually agree otherwise, shall be in accordance with the Construction Industry Contractors of America. 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 ,. tl„ , .,:th the fling e f11emand &R r- arbor-atien 4mt-, -in -sok event, -mediates -shall preeeed 4n a&anrze -ef arbitration -er -legal w - equitable p-____a_naa:�a= , -shag -be -stayed pending mediation -fer-a-peried of 6e4ays4rem- tl date f filing, ..less stayed f a leafier- p•.,.: ,.a 1.. , agr-,.•.ment of the pal er- , . ..t ,._a „_ 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 having jurisdiction thereof. 4-4 ARBITRATION 4-.64 A . Claim arising , . t of er- ,.,,l ., ted to the !'` ent ,-ae except Claimselating t ,. ., •,Sthpt : ,. eff- et-andexcept these Nvaived -as previded-fer-inSubpffagr-aPhs 4.3-1e, 9AE). -and9- le 5;-5ka4, - aft-e decisiea * 4he ^ ""Tac ncee -er -3e4ays -aftef issien -ef-the Glaim -te -the ^ "enc ziicct,be - subjec4 -te arbitratien: -Pr-ie f -to afbitfatien, -the -parties gall endeavef 4e reselve disputes by - 444 Glaims -net reselved * mediatien -shall -bedec-idecI arbitration which,, unless -the - pafties mutuad}` -agree etvthen"se, -shall -be -in aceefdance -vAth -the industr - Ar-bitfatien Rules of the American Ar-bitratien Asseeiatien currently-in effeist.-Thedemand-fer- arbitration shah be Flea ift ,,.: iag , ,:tl. the ether- „•, ,.t„ to the Gentfac and�� ' tl. tl,�. A T11CIIT3[ TII11G1[GaLl A bit tie A .. ..,.ci tie and . eepy shall be filed %4th the Arehiteet pV ;S a?� • ' 4.45-. 3 A demand -for 3fbitfatlen -shall de made NYitirin 4he -time limits specified -in - � Subpar-agr-aphs 4.4. 6 and 4. 6.i as applicable, anti in other- eases Nvithin a r-easenable time after- the Clain -hasaf1S21}-and -kn-ne event shall-kt -be fnade-aftef-thedate when inStitutien of legal..ef . 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE ® Copyright 1911, 1915, 1918, 1 5, 1937, 1951, 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 24 equitable pfeEeedings -hesed -OR -5� Glaiffl AVAI lid -be wed -by -the a=p,; PC114e stattite -Of - 4b 4 te the Gentr-aist shall include, by censelidatien er- jeindef or- in a" ether- > the Amhiteet, the Ar-EhiteEt's enpleyees -ef Eensultants, except -by Mitten censerrzentaining speeifiE - mferenee -te -tke -A gfeefnent -and -signed * -the ^ _meet; Owned GentfacteF -and -any ethef - in -a" tether manner; parties ether44tan 4he ChvneF, GentraEteF, -a separate Eentr-aeter �s - law whew-presence-is ed iffemplete _elief isze be arcesefded in a _b�tratiea. -N-e persen-ef- entityethefa_ the 11. . ne i- , ntr-,. ,-. ,,,. esepaniterzentr-aEte -s described in AftiEle 6-shall- be included-ass-an: efiginal-thifd-gaffy-ef additienal4hif4-pafty4e-a-n ar-bitfatien wheseinterest- shallnet r nstit to c ~• -te ar-bitfatien-ef-aClaim-net desEribed theyein-ef h a person or- entity -net reamed .-ef described therein.. -The fefegeing agreement -te arbitrate -and ethef - THIS DOCUMENT HAS IMPORTANT LEGAL agreements-te afbitfatepith-aftAddiflenal persen.er-entity-dmy censentea4e* paf4ies4e4he- CONSEQUENCES. CONSULTATION WITH AN 9hall -be speEifiEalyenferrceable unde appikable 4aw -in -any e9ur4 having ATTORNEY IS ENCOURAGED WITH ,..dint.,. thefeef. RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS 4.6 . 5 Cld+RtS and T-rimelj-A�Sert ; nn of Claims . The pa�ding a netiee of demand fef ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and 4;" f -Gn -Fia� -� ward - -T41e aWafd rendered * 4he arbitrate -of afbitfatefs - endorsed by The Associated General shall-be-€inx4, en4 judgment-may-be entered open-t-t aReFdance-With applicable-law-in-any- Contractors of America. ARTICLE 5 SUBCONTRACTORS 5 . 1 DEFINITIONS 5 . 1 . 1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site . The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the 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 Linless 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 investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall 1% 906f V-W constitute notice of no reasonable objection. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE O Copyright 1911 , 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 25 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 . THIS DOCUMENT HAS IMPORTANT LEGAL 5 . 3 SUBCONTRACTUAL RELATIONS CONSEQUENCES. CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH 5 . 3 . 1 By appropriate written agreement, NvFitten wheFe4egal4y wed -fer- validity, the RESPECT TO ITS COMPLETION OR Contractor shall require each Subcontractor, to the extent of the Work to be performed by the MODIFICATION. AUTHENTICATION OF THIS Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to ELECTRONICALLY DRAFTED AIA assume toward the Contractor all the obligations and responsibilities, including the DOCUMENT MAY BE MADE BY USING AIA responsibility for safety of the Subcontractor's Work, which the Contractor, by these DOCUMENT DC1 . 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 This document has been approved and respect to the Work to be performed by the Subcontractor so that subcontracting thereof will endorsed by The Associated General not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided Contractors of America. 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 available 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 shall be similarly required to willsimilaly make copies of applicable portions of such documents available to their respective proposed Sub- subcontractors. 5 . 4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5 . 4 . 1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: 1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and . 2 assignment is subject to the prior rights of the surety, if any, obligated under a bond or bonds relating to the Contract. 5 . 4 . 2 Upon such assignment, if the Work has been suspended for more than 3o days, the Subcontractor's compensation shall be equitably adjusted for increases in cost I. if any resulting ,� , from the suspension. mp. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6 . 1 OWNER ' S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD 01997 AIA® SEPARATE CONTRACTS AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE m Copyr' ht 1911 , 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below. User Document: a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 26 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 waiver of subrogation. If4ie arztet Elms -&4ay tJddi4ieJJa1 �est: 4 ed - beeause -e€-sueh -ae4iefi * 4heONffler-, 4heac-terMag fnake -as previded4m - �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 provide 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 THIS DOCUMENT HAS IMPORTANT LEGAL reviewing their construction schedules and performance requirements when directed to do CONSEQUENCES. CONSULTATION WITHAN so. The Contractor shall make any revisions to the construction schedule deemed necessary ATTORNEY 15 ENCOURAGED WITH after a joint review and mutual agreement. The construction schedules shall then constitute the RESPECT TO ITS COMPLETION OR schedules to be used by the Contractor, separate contractors and the Other until subsequently MODIFICATION. AUTHENTICATION OF THIS revised. ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 6 . 1 . 4 Unless otherwise provided in the Contract Documents, when the Owner performs DOCUMENT D401. 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 This document has been approved and Contractor under the Conditions of the Contract, including, without excluding others, those endorsed by The Associated General stated in Article 3, this Article 6 and Articles io, 11 and 12. Contractors of America. 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 activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6 . 2 . 2 If part of the Contractor' s Work depends for proper execution or results upon 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 activities or defective 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 VMMW rw' � contractors as provided in Subparagraph 10.2.5. w5 •ar) Mir 6 . 2 . 5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Subparagraph 3.14. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE 0 Copyright 1911 , 1915, 19181 1925, 19371 1951, 1958, 1961g 1963, 19668 1967, 1970, 1976l 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 27 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 reasona4lyLthe- Ar-ehiteet %411 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 Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7 . 1 . 2 A Change Order shall be based upon agreement among the Owner, Contractor and THIS DOCUMENT HAS IMPORTANT LEGAL Architect; a Construction Change Directive requires agreement by the Owner and Architect CONSEQUENCES. CONSULTATION WITH AN and may or may not be agreed to by the Contractor; an order for a minor change in the Work ATTORNEY 15 ENCOURAGED WITH may, be issi aed *4he ^zcxEhitect31eue subject to the Owner's Representative prior written RESPECT TO ITS COMPLETION OR approval , be issued by the Architect. MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 7 . 1 . 3 Changes in the Work shall be performed under applicable provisions of the Contract DOCUMENT D401. Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. This document has been approved and endorsed by The Associated General 7 . 2 CHANGE ORDERS Contractors of America. 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. 7 . 2 . 2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7.3.3. 7 . 3 CONSTRUCTION CHANGE DIRECTIVES 7 . 3 . 1 A Construction Change Directive is a written order 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 Directive, 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 Directive shall be used in the absence of total agreement on the terms of a Change Order. 7. 3 . 3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: 1 mutual acceptance of a lump sum properly itemized and supported by sufficient '9 , "s. - substantiating data to permit evaluation; . 2 unit prices stated in the Contract Documents or subsequently agreed upon; . 3 cost to be determined in a manner agreed upon by the parties and a mutually 01997 AIA® acceptable fixed or percentage fee; or AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Q Copyright 1911, 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 19631 19661 1967, 1970, 197 , 1987, 1997 y T e CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below . expiration as noted below. User Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 28 . 4 as provided in Subparagraph 7.3. 6. 7. 3 . 4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect in writing of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive 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 aDyadjustment 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 by4-he- THIS DOCUMENT HAS IMPORTANT LEGAL Ar-ckitee on the basis of reasonable expenditures and savings of those performing the Work CONSEQUENCES. CONSULTATION WITH AN attributable to the change, including3-incase of an ease4ft4heGerttr-ae-t-Suin-, a reasonable ATTORNEY IS ENCOURAGED WITH allowance for overhead and profit. In such case, and also under Clause 7.3.3.3, the Contractor RESPECT TO ITS COMPLETION OR shall keep and present, in such form as the Architect or Owner may prescribe, an itemized MODIFICATION. AUTHENTICATION OF THI5 accounting together with appropriate supporting data. Unless otherwise provided in the ELECTRONICALLY DRAFTED AIA Contract Documents, costs for the purposes of this Subparagraph 7.3. 6 shall be limited to the DOCUMENT MAY BE MADE BY USING AIA following: DOCUMENT 0401. 1 costs of labor, including social security, old age and unemployment insurance, This document has been approved and fringe benefits required by agreement or custom, and workers' compensation endorsed by The Associated General insurance; Contractors of America. . 2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; . 3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; . 4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and . 5 additional costs of supervision and field office personnel directly attributable to the change. 7 . 3 . 7 The afneunt of e-edit-4e-be allewed-by-theGen#raeter-te-tke Omer-€er-a de, - change whiEh results in a net decffrea..se in the. Gentr-act Sum shall be aEtual net c.- e. st a .r ceffifir-med hy-the "Z achkerzt When-beth additiaes-aii4 eFedits eever-ing related Werk -er- subs• ' zs are- hwelved4ft-a Ehange, the a ' ce-€er everhead-a*d - 7 . 3 . 8 Pending final determination of the total cost of a Construction Change Directive 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 elm Claim in accordance with Article 4. 7 . 3 . 9 When the Owner and Contractor agree .,its the deter-minatie., made by the ^ -ehi ee concerning the adjustments in the Contract Sum and Contract Time, erease reach , agr-eement each - agreement -the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE m Copyright 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 29 7 . 4 MINOR CHANGES IN THE WORK 7 . 4 . 1 The Architect will have authority. upon prior written approval of the Owner's Representative , to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8 . 1 DEFINITIONS 8 . 1 . 1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the 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 THIS DOCUMENT HAS IMPORTANT LEGAL with Paragraph 9. 8. CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH 8 . 1 . 4 The term "day" as used in the Contract Documents shall mean calendar day unless RESPECT TO ITS COMPLETION OR otherwise specifically defined. MODIFICATION. AUTHENTICATION OF THIS p ye . ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA 8 . 2 PROGRESS AND COMPLETION DOCUMENT D401 . 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 This document has been approved and period for performing the Work. endorsed by The Associated General Contractors of America. 8 . 2 . 2 The Contractor shall not, knewingly, 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 n 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 . Ualess4he4ate -ef EemmemeemeRt4sestablished * 4heGentr-ac; is -eF -a ne4e - pr-eceed given by the Owiier-, the Gentr-aaer- shall fiefify the Owner- ift Nyiifing net less than five days -OF nthe -agfeed -peried befere rzefameneing Oke Wer-k -te per-mit 4he 4imely -filing -o - 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 materially elayed 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, amdisputes, fire, aeusnal -delay -ina T unavoidable casualties or other causes beyond the Contractor's control, eF*-delayatAkerized*4he Owner pending mediatien-and a -'�'�ane, of * FitkeF causesNvhir;h4he ^hitectdetefmines -may ,fy-delay; then the Contract Time shall be extended by Change Order for sueh a reasonable time, ans the ^ _dhitec-# ay a „t „_... : .. , 8 . 3 . 2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3• P 41 8 . 3 . 3 T46Paragr-aph —Par -Ret preclude `e`Fj` �€ damages -f'eF -delay * eitheF -paAy - .1s=r ARTICLE 9 PAYMENTS AND COMPLETION 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 196V1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below, expiration as noted below . expiration as noted below. User Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252 , which expires on 12/31/2004. 30 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 fust Application for Payment, and if necessitated by Change Orders , from time to time thereafter. the Contractor shall submit to the Architect and the Owner a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect and the Owner may require . This schedule, when , and only when , approved in writing f . .. 1 , % ebje� by the Architect and the Owner, shall be used as a basis for reviewing the Contractor' s Applications for Payment. 9 . 3 APPLICATIONS FOR PAYMENT THIS DOCUMENT HAS IMPORTANT LEGAL 9 . 3 . 1 At least ten days before the date established for each progress payment, the Contractor CONSEQUENCES. CONSULTATION WITHAN shall submit to the Architect an itemized Application for Payment for operations completed in ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR accordance with the most recent approved schedule of values. Such application shall be MODIFICATION. AUTHENTICATION OF THIS notarized; 4 required, and supported by such data substantiating the Contractor's right to ELECTRONICALLY DRAFTED AIA payment as the Owner or Architect may require, such as copies of requisitions from DOCUMENT MAY BE MADE BY USING AIA Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract DOCUMENT D401 . Documents. This document has been approved and 9 . 3 . 1 . 1 As provided in Subparagraph 7. 3. 8, such applications may include requests for endorsed by The Associated General payment on account of changes in the Work which have been properly authorized by Contractors of America. Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. 9 . 3 . 1 . 2 Such applications shall may not include requests for payment for portions of the Work for which the Contractor does not intend to promptly pay to a Subcontractor or material supplier, unless such Work has been performed by the Contractor or by others whom the Contractor intends to promptly pay. 9 . 3 . 2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved writing 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 previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or ,�. , other persons or entities making a claim by reason of having provided labor, materials and 0`5 QP' equipment relating to the Work. 9A CERTIFICATES FOR PAYMENT 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911 , 1915, 1918, 1 5, 1937, 1951 , 1958, 1961 , 1963, 1966, 1967, 1970, 197 , 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 31 9 . 4 . 1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 9. 5.1. 9 . 4 . 2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's 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 Gempletim -te vesultsef subsequent tests inspectiensi4e 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 willfurther constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a THIS DOCUMENT HAS IMPORTANT LEGAL Certificate for Payment will not be a representation that the Architect has ( 1) made exhaustive CONSEQUENCES. CONSULTA TION WITH AN or continuous on-site inspections to check the quality or quantity of the Work, ( 2) reviewed ATTORNEY 15 ENCOURAGED WITH construction means, methods, techniques, sequences or procedures, ( 3) reviewed copies of RESPECT TO ITS COMPLETION OR requisitions received from Subcontractors and material suppliers and other data requested by MODIFICATION. AUTHENTICATION OF THIS the Owner to substantiate the Contractors right to payment, or (4) made examination to ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY U51NG AIA ascertain how or for what purpose the Contractor has used money previously paid on account DOCUMENT D401. of the Contract Sum. This document has been approved and 9 . 5 DECISIONS TO WITHHOLD CERTIFICATION endorsed by The Associated General 9 . 5 . 1 The Architect will may withhold a Certificate for Payment in whole or in part, to the Contractors of America. extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made . If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount i. f any. for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to 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 Subparagraph 3.3. 2, because of: . 1 defective Work not remedied; . 2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; . 3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; . 4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; . 5 damage to the Owner or another contractor; . 6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or . 7 pefsistent failure to carry out the Work in accordance with the Contract Documents. 9 . 5 . 2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911 , 1915, 1918, 1 5, 1937, 19511 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 32 9 . 6 PROGRESS PAYMENTS 9 . 6 . 1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. 9 . 6 . 2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor' s 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 THIS DOCUMENT HAS IMPORTANT LEGAL Subcontractor. CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH 9 . 6 . 4 Neither the Owner nor Architect shall have an obligation to pay or to see to the RESPECT TO ITS COMPLETION OR payment of money to a Subcontractor except as may otherwise be required by law. MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 9 . 6 . 5 Payment to material suppliers shall be treated in a manner similar to that provided in DOCUMENT MAY BE MADE BY USING AIA Subparagraphs 9. 6.2, 9. 6. 3 and 9. 6.4. DOCUMENT MI. 9 . 6 . 6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of This document has been approved and endorsed by The Associated General the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contractors of America. Contract Documents. 9 . 6 . 7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. l,T,.thi fig ,. ,.,. tain,,a here..t shall Fequ; _„ meney to beplaEed-in s separateaerzt and net shall efeatearry-ftduciery` liab -of -teat hab —en4he -paA -44heGentfaete 40F breaeh -e€- tfust -ef -shall ale -ffii.)x -person -of y 4e -an awaFd -ef punitive images est -he - 9 . 7 FAILURE OF PAYMENT 9 . 7 . 1 This contract is governed by the Florida Prompt Payment Act 218 . 70 . et. seq . . Any payment made later than twenty-five (25) days after receipt of Contractor's Application for Payment shall pay interest at the rate of 1 % per month if the delay was through no fault of the contractor.1•f4heAmhiteR•dees-iHA-issue-a '' to-feFPayment,- thr-eugh -no -fa>flt -of 4he Ge er-, within sevett flays -afteF Reeipt -o 4he Ge ms - 4pplicatien-feF enti -of if the OwneF-dees-net-pay4he GentmeteF within = -days afteF- the -date established -in 4he Gentfact DoEuments 4he amount rzei4i-fed -ley 4he Architect -ef - �� received. the afneunt ef the Gent-Farct-ef's Feasenable eests ef shut deNffl, delay and staft tip , plus intefest 6A a"r-eN4ded fer- in the Gentr-act DeeumefAs. 9WJ6*g3 4� 9 . 8 SUBSTANTIAL COMPLETION 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE O Copyright 1911, 1915, 1918, 192S, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 19870 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 33 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 THIS DOCUMENT HAS IMPORTANT LEGAL Contractor shall, before issuance of the Certificate of Substantial Completion, complete or CONSEQUENCES. CONSULTATION WITHAN correct such item upon notification by the Architect. In such case, the Contractor shall then ATTORNEY IS ENCOURAGED WITH submit a request for another inspection by the Architect to determine Substantial Completion. RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS 9 . 8 . 4 When the Work or designated portion thereof is substantially complete, the Architect ELECTRONICALLY DRAFTED AIA will prepare a Certificate of Substantial Completion which shall establish the date of Substantial DOCUMENT MAY BE MADE BY USING AIA Completion, shall establish responsibilities of the Owner and Contractor for security, DOCUMENT D401. 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 This document has been approved and required by the Contract Documents shall commence on the date of Substantial Completion of endorsed by The Associated General the Work or designated portion thereof unless otherwise provided in the Certificate of Contractors of America. 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 reduce the retainage withheld , if and as provided elsewhere in the Contract Documents . make payment -ef- 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, provided such occupancy or use is consented to by the insurer as required under Clause u.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, 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 Subparagraph 9. 8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no V, agreement is reached, by decision of the Architect. OW I 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 ® 1997 AIA® order to determine and record the condition of the Work. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . user Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 34 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 visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to THIS DOCUMENT HAS IMPORTANT LEGAL final payment have been fulfilled. CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 9 . 10. 2 Neither final payment nor any remaining retained percentage shall become due until MODIFICATION. AUTHENTICATION OF THIS the Contractor submits to the Architect in form and substance satisfactory to the Owner. ELECTRONICALLY DRAFTED AIA ( 1 ) an affidavit that payrolls, bills for materials and equipment, and other indebtedness DOCUMENT MAY BE MADE BY USING AIA connected with the Work for which the Owner or the Owner' s property might be responsible or DOCUMENT D401. encumbered ( less amounts withheld by Owner) have been paid or otherwise satisfied, ( 2) a certificate evidencing that insurance required by the Contract Documents to remain in force This document has been approved and after final payment is currently in effect and will not be canceled or allowed to expire until at endorsed by The Associated General least 3o days' prior written notice has been given to the Owner, ( 3) a written statement that the Contractors of America. 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 indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall promptly Day r-efis " d 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 l-& -a#efSubstantial Gempletien -e€4hewefk , etien thereef is materia delayed gk -Fie 4aall: -f4he Gentr-aEter -of * issuance -of ageQrAei:sagaefing -fii1a1 - Eanpletien, -and 4he Ar-chiteEt -se eenfffms, 4he Owner mall; upon appkcatien * 4he - Ge anter- -arid ce cfireatien -by -tieArEhit -aad Nvi#keut ming 4he Gemtr-aet, make - payment of the balanEe-dae444hat pet4ien of theWer-k4u4yrzempleted-and accepted if the- the Gentract ts, -a-tdi-f bends4xwe -Imett , the resent -of sure ty -te- payment ef the ballance dive fer- that pertien ef the WeFk fiilly completed and accepted Sh.afl be submitted -by 4he IGentraeter 4e 4he AFekiteEt -prier -te cei en -o -aEk -&aEh - payment -skull -begrade under berms -a-td eenditiens geveming -ft" payment, 44-*at4t - 9 . 10. 4 The making of final payment shall constitute a waiver of Claims by the Owner except ,o, 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; 01997 AIA® or AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE O Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961 , 1963, 1966, 1967, 1970, 1976, 1 7, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C. 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 35 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillI OMISSIONS! . 3 terms of special warranties required by the Contract Documents. 9 . 10. 5 Acceptance of final payment by the Contractor, a Subcontractor. a Sub- subContraCtor, and equipment or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. 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: THIS DOCUMENT HAS IMPORTANT LEGAL . 1 employees on the Work and other persons who may be affected thereby; CONSEQUENCES. CONSULTATION WITH AN . 2 the Work and materials and equipment to be incorporated therein, whether in ATTORNEY /S ENCOURAGED WITH P RESPECT TO ITS COMPLETION OR storage on or off the site, under care, custody or control of the Contractor or the MODIFICATION. AUTHENTICATION OF THIS Contractor's Subcontractors or Sub-subcontractors; and ELECTRONICALLY DRAFTED AIA . 3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, DOCUMENT MAY BE MADE BY U51NG AIA pavements, roadways, structures and utilities not designated for removal, DOCUMENT MI . relocation or replacement in the course of construction. This document has been approved and 10. 2 . 2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, endorsed by The Associated General regulations and lawful orders of public authorities bearing on safety of persons or property or Contractors of America. their protection from damage, injury or loss. 10. 2 . 3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 10. 2 . 4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10. 2 . 5 The Contractor shall promptly remedy damage and loss ( other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2.1.2 and 10.2.1. 3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 10.2.1. 2 and 10.2.1. 3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3. 18. 10. 2 . 6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's 16� superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE ® Copyright 1911 , 1915, 1918119 5, i9370 1951 , 1958, 19618 1963, 1966, 1967, 19701 1976, 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 36 10. 2 . 7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10. 3 HAZARDOUS MATERIALS 10. 3 . 1 If reasonable precautions will be inadequate to prevent 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 any ongoing 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 event such material or substance is found to be present, to verify 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 THIS DOCUMENT HAS IMPORTANT LEGAL perform tests verifying the presence or absence of such material or substance or who are to CONSEQUENCES. CONSULTATION WITH AN perform the task of removal or safe containment of such material or substance . The Contractor ATTORNEY 15 ENCOURAGED WITH and the Architect will promptly reply to the Owner in writing stating whether or not either has RESPECT TO ITS COMPLETION OR reasonable objection to the persons or entities proposed by the Owner . and in the event of MODIFICATION. AUTHENTICATION OF THIS an objection . the specific reasons therefor. If either the Contractor or Architect has an a ELECTRONICALLY DRAFTED AIA reasonable objection to a person or entity proposed by the Owner and fully complies with DOCUMENT MAY BE MADE BY USING AIA the next proceeding sentence. the Owner shall propose another to whom the Contractor DOCUMENT D401. and the Architect have no reasonable objection. \ A� If the absence of the material or This document has been approved and substance is verified Work shall immediately resume without adjustment of the endorsed by The Associated General Contract Time or the Contract sum . If the presence of the material or substance is Contractors of America. verified . 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 if and as appropriate apprepriak4y and the Contract Sum shall be increased in the amount of the Contractor' s reasonable additional and incurred costs of shut-down, delay and start-up, if any. 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 Subparagraph 10.31 and has not been rendered harmless, provided that such e-hlkm-,, 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) 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 Paragraph 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were expressly required by the Contract Documents. 10. 5 If, without negligence on the part of the Contractor, or a breach of relevant �= provisions of the Contract Documents . 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 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911, 1915, 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 19668 1967, 1970, 1976, 19870 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 37 10. 6 . 1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 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 with a company authorized to do business in the State of Florida with a Best Key Rating of A+ VII . all such insurance as will protect the Owner against any and all claims for damages to persons or property as a result of actions of the Contractor's operations under the Contract and for which the Contractor may be legally liable , whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them , or by anyone for whose acts any of them may be liable . T4ie- G .�e-sha}lpur-ehase4rem-and maimtain4n-aEempa Eempanies yfti}lyautherrized_ TH15 DOCUMENT HAS IMPORTANT LEGAL l:e4ebusiness-in4he jaFisd}E,tien-ift ',. hiEh4hePFejeEt4s leeated-sl kinsur-ance-as v ill PFF4 p 4 CONSEQUENCES. CONSULTATION WITH AN the Gentr-acter elaims -set -feft-h belery which -play -arise -eut -of -eF r-esnit4reffi 4he ATTORNEY I5 ENCOURAGED WITH 6entmeter- _,Hefts , . . deff the r .... . .... ... .. .. .1 fe . , .,1, : ,.L the Gent... ,.. ef m be 1 ,,,. ., 11„ liable, RESPECT TO ITS COMPLETION OR whetheF-saEk� -be*4ke�-ef *-a Sub eF-of* a"eme�Fee41y - MODIFICATION. AUTHENTICATION OF THIS ply empleyed*may of {them, -er*aryene��vhese-aets-axy�� -be liable --DOCUMENT ELECTRONICALLY DRAFTED AIA The followin shall be the minimum requirements of coverage as required as a result DMAYBE MADE BYUS/NGAIA 9 q g q DOCUMENT D401. of this Section : . 1 Workers' Compensation – Contractor shall maintain workers' This document has been approved and compensation to meet statutory limits in compliance with Florida Law. endorsed by The associated General This policy must include employers ' liability with a minimum of $ 100 . 000 Contractors of America. each accident $500 . 000 disease policy limit. and $ 100 . 000 disease each employee : claims lmdeF Nver-keF91 cempensafien, disabihy beeefA -and - ethff mar mpleyee benefi# -acts vdiiek -are Viable 4e -the SIE -te -be - . 2 Commercial General Liability – Contractor shall maintain minimum limits of $ 1 . 000 . 000 per occurrence combined single limit for bodily injury and property damage . including coverage for premises/operations , products/completed operations . contractual liability and independent contractors : claims-feF damages beeause-'4,N)dily tajufy, eeEtipatienalricknPr.1; - . 3 Business Auto Liability – Contractor shall maintain minimum limits of liability of $ 1 . 000 . 000 per occurrence combined single limit for bodily iniury and property damage , including coverage for owned autos , hired autos and non-owned autos : Elaims -feF damages because -of -bedily Fj; - sickness eFElisease, or- Eleath of a" per-sen ether- than the Gefitr-aEtef's empleyees; Builders ' Risk – Contractor shall maintain all risk coverage with limits equal to one hundred percent ( 100% ) of the completed value of the addition . There shall be a waiver of occupancy endorsement to enable the County to occupy the facility under construction/renovation during such activity. The policy must be endorsed to provide machineryLeequipment endorsement during transit and installation . The maximum deductible under this coverage is $500 per claim : claims -feF - 1.4 _ , . 5 Special Requirements — Ten ( 10 days prior to the commencement of any work under the contract. a certificate of insurance will be provided to the Risk Manager for review and approval . The certificate shall provide 01997 AIAe the County be named as an additional insured on both the general liability. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE O Copyright 1911 , 1915, 91 , 1925, 1937, 1951 , 1958, 19618 1963, 1966, 19678 1970, 1976, 19871 1997 by T e CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004 . 38 • — " Mill III A . FOr"i A FORM - Met • • I of ol _ . . • • AS • • ■ _ • • • • • • • •I III III pol Pi III oil II _ - _ • ► • • • • • Inwill, moo , or n 01� Will Among A, • . - - r MR _ . • fl ni Ill III WAWA III . . "M 1 *411 sun" 19 • • rEl VA. . A r v 111110 Ail 0 im a, In INN IN ■ 04 A • - - Al A, 111i r � • . • • • • - • • • 0 0 • • • • • • in • IN in - in 0 - • • lot fin r r • e . ME ME ' _ . r . . wal ft or fullifliaplilow. wer ME A r r • • • • • • • ' Mill limi pill IN Ali • . • • • `Imp v MEW • • mftow WON P wicail OWN Wiki Oki M MIME ► • • . • • - . . . . . . _ . . . . ME WON 116 . MY MWOMAWN 10 1111 N al . . rajyj my r r -MOSSWEEKINAMPAMO MMWMMLoftWMM WILEMMOMMENFA_ _ . . or ME 4 t . . . . VWA RIM A . ILL _ . i PIN WWI %ar %alii III AV 0 0.4 OWN LAI r r r - • - ' • ' ' . . &OPIRAD OR . . . . . . . Al . Now law two V . . . . OF *a ILL M ;UWA mml Aft . AWL 'I iWIMMO r -am" MBO ' am Xs MIAMI., WIA ow IF wo uggRAPDABIps 99 Ill • on &ec9Fd3nfe -$X1 agr-eeme'nt-"4h2pditieS3F3 imicieacmay eaeh, or in aeEer-damE.e with aft arbitnitien awaM -in which ease -he pr-eEedure -shall -be -aspr-evided -inPaFagf-aPh -4.6-. if-afteF - sueh loss ne ether- special agr-eement is made cmd unless the Owner- tern.; ifl.atess 4.h.e. Gentr-aEt for- -replacement. -o p damaged -pEepei4� shall -be - m d * 4he er -a€ -eF - notification of " . 11 . 4 . 10 The Owner- as fidurciary shall have peNver- to adjust and set4le a less Ny4h insurers unless one of the parties-interest-shall-ebjec4-inivFkingu4#hin -five-d ys-a ter OEc: ef-less-te- theOwnef's _ his pewe>•i if surzh ebjeE6ee4-made,4he e-sh -be reselved-as- pr-&Aded -inPar-agr-aphs -4.-5 -and -+. 6: -T-he Owners fiduciaiy -shal�, -in -the ease -of arbitratien,, - , 11 . 5 PERFORMANCE BOND AND PAYMENT BOND 11 . 5 . 1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as THIS DOCUMENT HAS IMPORTANT LEGAL stipulated in bidding requirements or specifically required in the Contract Documents on the CONSEQUENCES.ENCOUCONSULRAGED WITATIONH WITHAN date of execution of the Contract. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS 11 . 5 . 2 Upon the request of any person or entity appearing to be a potential beneficiary of ELECTRONICALLY DRAFTED AIA bonds covering payment of obligations arising under the Contract, the Contractor shall DOCUMENT MAY BE MADE BY USING AIA promptly furnish a copy of the bonds or shall permit a copy to be made. DOCUMENT D401. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK This document has been approved and 12 . 1 UNCOVERING OF WORK endorsed by The Associated General 12 . 1 . 1 If a portion of the Work is covered contrary to the Architect's request or to Contractors of America. requirements specifically expressed in the Contract Documents, it mtrA shall , 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 or the Contract Sum . 12 . 1 . 2 If a portion of the Work has been covered which is not contrary to requirements specifically expressed in the Contract Documents and which the Architect has not specifically requested to examine prior to its being covered, the Architect and Owner may in writin 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 uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, cost of uneoverina correction and replacement shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12 . 2 CORRECTION OF WORK 12 . 2 . 1 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 rejeEted Work, including additional testing and inspections and compensation for the Architect's services 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 Paragraph 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 Subparagraph 9.9. 1, or by terms of an 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911 , 1915, 1918, 1 5, 1937, 19510 19580 1961g 19630 1966, 1967, 1970, 197 , 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 42 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. at Contractor's expense , shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written express acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. If any of the Work is found to be not in accordance with the requirements of the Contract Documents during the one-year period for correction of Work and if the Owner fails to promptly thereafter notify the contractor and give the Contractor and opportunity to make the correction . the Owner waives the right to require correction by. the Contractor. DuFing -the a-year 4of eerfectien -efWer-k, 44heOwne -fails -te - netify 4he Gextrec-te -and -give 4he Gentr-acter -an epgeHeni4e make -t ie r 4he - efwar-r-anty. 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 Paragraph 2.4. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN 12 . 2 . 2 . 2 The one-year period for correction of Work shall be extended with respect to ATTORNEY IS ENCOURAGED WITH portions of Work first performed after Substantial Completion by the period of time between RESPECT TO ITS COMPLETION OR Substantial Completion and the actual completion of performance of the Work. MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 12 . 2 . 2 . 3 The one-year period for correction of Work shall not be extended by corrective DOCUMENT MAY BE MADE BY USING AIA Work performed by the Contractor pursuant to this Paragraph 12.2. DOCUMENT D401. This document has been approved and 12 . 2 . 3 The Contractor shall remove from the site portions of the Work which are not in endorsed by The Associated General accordance with the requirements of the Contract Documents and are neither corrected by the Contractors of America. Contractor nor accepted by the 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 removal of Work which is not in accordance with the requirements of the Contract Documents. 12 . 2 . 5 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Subparagraph 12. 2. 2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor' s liability with respect to the Contractor's obligations other than specifically to correct the Work. 12 . 3 ACCEPTANCE OF NONCONFORMING WORK 12 . 3 . 1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13 . 1 GOVERNING LAW; VENUE 2% 13 . 1 . 1 The �t -shall 4e gevemed * -the -lar -e 4he -place wher-e 4he Deject 4s :f , , w 6 leeated This agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE 0 Copyright 1911 , 1915, 1918, 1925, 1937, 1951 , 1958, 1961, 1963t 1966g 1967, 1970, 1976, 1 7, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D . C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below. expiration as noted below. User Document: a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004. 43 of this agreement shall be in Indian River County. Florida . or in the event of federal auridiction . in the United States District Court for the Southern District of Florida . 13 . 2 SUCCESSORS AND ASSIGNS 13 . 2 . 1 The Owner and Contractor respectively bind themselves, 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 Subparagraph 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 9wner may, vithout censent -ef 41e Ge er-, -asrsigl} 4he Gentr-act 4e - an - institutienal lexderpr-evidingr;eastfurzfiem fmaneing-fer-the-Pr-eject-:-In-sueh evemt, 4he lender- shall assume -the per's -rights -and ebligations unde -the GeatraEt Deraumts. -The - THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH 13 . 3 WRITTEN NOTICE RESPECT TO ITS COMPLETION OR 13 . 3 . 1 Written notice shall be deemed to have been duly served if delivered in person to the MODIFICATION. AUTHENTICATION OF THIS individual or a member of the firm or entity or to an officer of the corporation for which it was ELECTRONICALLY DRAFTED AIA intended, or if delivered at or sent by registered or certified mail to the last business address DOCUMENT MAY BE MADE BY USING AIA known to the party givi DOCUMENT MI . ng notice. 13 . 4 RIGHTS AND REMEDIES This document has been approved and endorsed by The Associated General 13 . 4. 1 Duties and obligations imposed by the Contract Documents and rights and remedies Contractors of America. 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 arrangements 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 give 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 approvals which do not become requirements until after bids are received or negotiations concluded unless such tests , inspections or approvals replace or modify pre-existing requirements in which event the Owner shall bear any net additional costs thereof. . 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 Subparagraph 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 ani. entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Subparagraph 13.5.3, shall be at the Owner's 01997 AIA® expense. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911 , 1915, 1918, 19250 1937, 1951 , 1958, 1961 , 1963, 1966, 19671 1970, 197 , 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below . expiration as noted below . expiration as noted below . User Document: a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 44 13 . 5 . 3 If such procedures for testing, inspection or approval under Subparagraphs 13.5. 1 and 13. 5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect' s services 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 THIS DOCUMENT HAS IMPORTANT LEGAL . to avoid unreasonable dela m the Work. CONSEQUENCES. CONSULTATION WITH AN promptly Y ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 13 . 6 INTEREST MODIFICATION. AUTHENTICATION OF THIS 13 . 6 . 1 Payments due and unpaid under the Contract Documents shall bear interest from the ELECTRONICALLY DRAFTED AIA date payment is due at 1 % per month . DOCUMENT MAY BE MADE BY USING AIA ' DOCUMENT D401. ; d. This document has been approved and endo13 . 7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD ContrsedbyThAmericiatedGeneral Contractors of America. 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 have accrued in any and all events not later than such date of Substantial Completion; . 2 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 have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and . 3 After Final Certificate for Payment . As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3. 5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph 12. 2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. 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 yf. 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 01997 AIA® reasons: AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE m Copyright 1911 , 1915, 1918, 1925, 1937, 1951, 19581 19 1, 19631 1966, 1967, 1970, 19760 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below . expiration as noted below. User Document: a201 general conditions irc jail expansion (2004) .aia -- 10/29/2004. AIA License Number 1127252, which expires on 12/31/2004 . 45 I issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; . 2 an act of government, such as a declaration of national emergency which requires all Work to be stopped; . 3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14 . 1 . 2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as THIS DOCUMENT HAS IMPORTANT LEGAL described in Paragraph 14.3 constitute in the aggregate more than ioo percent of the total CONSEQUENCES. CONSULTATIONWITHAN number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR 14 . 1 . 3 If one of the reasons described in Subparagraph 14. 1.1 or 14. 1. 2 exists, the Contractor MODIFICATION. AUTHENTICATION OF THIS may, upon seven days' written notice to the Owner and Architect, terminate the Contract and ELECTRONICALLY DRAFTED AIA recover from the Owner payment for Work executed and for proven loss with respect to DOCUMENT MAY BE MADE BY USING AIA materials, equipment, tools, and construction equipment and machinery, including reasonable DOCUMENT D401. overhead, profit and damages. This document has been approved and 14 . 1 . 4 If the Work is stopped for a period of 6o consecutive days through no act or fault of endorsed by The Associated General Contractors of America. 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 seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14. 1.3. 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; . 2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; . 3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or . 4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 14 . 2 . 2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to 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, M�M 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 ,, . 04 equipment and machinery thereon owned by the Contractor; 4%; . 2 accept assignment of subcontracts pursuant to Paragraph 5 .4; and 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE Copyright 1911, 1915, 1918, 1925, 19371 19511 19580 1961, 1963, 1966, 1967, 1970, 19761 1987,7977 by T e CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U .S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below . User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 46 . 3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14 . 2 . 3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14 . 2 . 4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid 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 termination of the Contract. THIS DOCUMENT HAS IMPORTANT LEGAL 14 . 3 SUSPENSION BY THE OWNER FOR CONVENIENCE CONSEQUENCES. CONSULTATION WITHAN ATTORNEY IS ENCOURAGED WITH 14 . 3 . 1 The Owner may, without cause, order the Contractor in writing to suspend, delay or RESPECT TO ITS COMPLETION OR interrupt the Work in whole or in part for such period of time as the Owner may determine . MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 14 . 3 . 2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and DOCUMENT MAY BE MADE BY USING AIA dela or interruption as described in Subparagraph > 1 DOCUMENT D401, time caused by suspension, y4. 3• Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: This document has been approved and 1 that performance is, was or would have been so suspended, delayed or interrupted endorsed by The Associated General Contractors of America. by another cause for which the Contractor is responsible; or . 2 that an equitable adjustment is made or denied under another provision of the Contract. 14 . 4 TERMINATION BY THE OWNER FOR CONVENIENCE 14 . 4 . 1 The Owner may, at any time, terminate the Contract for the Owner' s convenience and without cause . 14 . 4 . 2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: . 1 cease operations as directed by the Owner in the notice; . 2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and . 3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 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. � r �*Iow.f . ®1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE O Copyright 1911 , 1915, 1918, 1925f 19371 1951 , 1958, 1961 , 19630 19661 1967, 19701 1976s 1987, 1997 by The CONTRACT FOR CONSTRUCTION American Institute of Architects . Fifteenth Edition . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United The American Institute of Architects States and will subject the violate to legal prosecution . WARNING : Unlicensed photocopying violates U . S . 1735 New York Avenue, N .W. copyright laws and will subject the violator to legal prosecution . This document was electronically produced Washington, D .C . 20006-5292 with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document : a201 general conditions irc jail expansion (2004) . aia -- 10/29/2004 . AIA License Number 1127252, which expires on 12/31/2004. 47