PROJECT MANUAL
FOR
Alteration of Emergency Operations Center
1500 Marilla Street, Level L2AN - City Hall
City of Dallas, Texas
OWNER: CITY OF DALLAS, TEXAS
Office of Emergency Management
Emergency Operations Center
1500 Marilla Street L2AN
Dallas, Texas 75201
(214) 670-3799 voice
(214) 670-4677 facsimile
Attn: Carl Janak, AIA
ARCHITECT: GSR ANDRADE ARCHITECTSA
4121 Commerce Street, Suite One
Dallas, Texas 75226 X4
(214) 824-7040 voice
(214) 887-0559 facsimile t m
'."
Contact: W.D. Collins 1I1,
AIA 0
of (
MEP ENGINEER: BASHARKHAH ENGINEERS )
2520 Fairmount Street 09 0 Cd.
Dallas, Texas 75201
(214) 754-9331 voice
(214) 720-1006 facsimile
Contact: Roman Sek
ANV CONSULTANT: SAFIR ROSETTI
3330 Earhart Drive, Suite 214
Carrollton, Texas 75006
(972) 716-0010 voice
(972) 803-2074 facsimile
Contact: Jack Jones
DATE: 26 July, 2006
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SECTION 00010
TABLE OF CONTENTS
Original Latest
Section No. Section Title Issue Date Revision
Table of Contents .............. 26July06
OWNER PREPARED DOCUMENTS
INFORMATION FOR BIDDERS
Advertisement For Bids
Instructions for Completion of Bid Form
BID PACKET
Bid Form
Bid Bond
Bidder's Affidavit of Safety Record, CR No. 89-1132
Contractor's Qualification Statement, AIA Document A305
City of Dallas Good Faith Effort Affidavit
Delinquent Taxes and Accounts Receivable Report
Prior Contractual Activities
INSTRUCTIONS
Instructions to Bidders
Equal Opportunity Contract Compliance: City of Dallas Ordinance No. 14486
Wage Rates - Schedule "A' Building Construction
Neighborhood Job Opportunities
Drug-Free Jobsite Statement
Bidder Evaluation
Notice of Post Construction Contractor Evaluation
Request for Vendor Information
W-9; Request for Taxpayer ID Number and Certification
MINORITY PARTICIPATION
A-12 Good Faith Effort (GFE) Plan
Schedule of Work and Actual Payment Form
Ethnic Workforce Composition Report
Subcontractor Intent Form
Good Faith Effort Documentation Form
Change of M/WBE Subcontractor/Supplier Form
CONSTRUCTION PACKET
Supplementary General Conditions
AIA Document A201 - AIA General Conditions
CFR Title 29; OSHA - Excavations, Trenching, and Shoring
Project Sign
Fire Safety at Construction
Texas Commission on Environmental Quality (TCEP) - Section on Discharge from Construction Site
CONTRACT FORMS
AIA Document Al 01 - Owner/Contractor Agreement (Example)
Performance Bond
Payment Bond
Tax Exemption Certificate
City of Dallas Emergency Operations Center Alterations TABLE OF CONTENTS
GSRA Project No. 1814 00010 -1 26 July, 2006
Original Latest
Section No. Section Title Issue Date Revision
Attachment I - Conflict of Interest
Certificate of Liability Insurance
CONSTRUCTION FORMS
AIA Document G71 0 - Architect's Supplemental Instructions
AIA Document G709 - Proposal Request
AIA Document G701 - Change Order
MONTHLY PAYMENT APPLICATION FORMS
AIA Document G702 - Application and Certificate for Payment
AIA Document G703 - Continuation Sheet
Contractor/Consultant Report on Subcontractor/SubconsultantlSupplier Payment
SUBSTANTIAL COMPLETION FORMS
AIA Document 0704 - Certificate of Substantial Completion
AIA Document G707A - Consent of Surety to Reduction in or Partial Release of Retainage
FINAL PAYMENT FORMS
AIA Document G706 - Contractor's Affidavit of Payment of Debts and Claims
AIA Document G707 - Consent of Surety Company to Final Payment
AIA Document G706A - Contractor's Affidavit of Release of Liens
SPECIAL PROVISION TO THE BOILER PLATE
WORKER'S COMPENSATION INSURANCE COVERAGE:
New State legislation affecting the requirement for providing Worker's Compensation; effective September
1, 1994.
00900 Finish Selection Summary ................................ 26JulyO6
DIVISION 1 - GENERAL REQUIREMENTS
01100 Summary . 26JulyO6
01230 Alternates .26July06
01250 Contract Modification Procedures . 26JulyO6
01290 Payment Procedures ................. 26July06
01310 Project Management and Coordination .26July06
Request for Interpretation .............................. 26July06
01320 Construction Progress Documentation .26July06
01330 Submittal Procedures................................................................. 26July06
Submittal Checklist .26July06
01420 References . ......... 26JulyO6
01451 Quality Control..........................J....................................u........... 26JuiyO6
01500 Temporary Facilities and Controls. 26JulyO6
01524 Construction Waste Management ........................ 26July06
01530 Mold Prevention Measures ......................... 26July06
01600 Materials and Equipment .26July06
Substitution Request Form .26JulyO6
01731 Cutting and Patching . 26July06
01735 Selective Demolition . 26July06
01740 Cleaning .26JulyO6
01750 Starting and Adjusting ................. 26July06
01770 Closeout Procedures ..................... 26July06
01780 Closeout Submittals .26JulyO6
01820 Demonstration and Training ....................... 26July06
DIVISION 2 -SITE WORK - not used
City of Dallas Emergency Operations Center Alterations TABLE OF CONTENTS
GSRA Project No- 1814 00010 - 2 26 July, 2006
Original Latest
Section No- Section Title Issue Date Revision
. DIVISION 3 - CONCRETE
03542 Portland Cement Underlayment ...............................
26July06
DIVISION 4- MASONRY - not used
DIVISION 5- METALS
05500 Metal Fabrications .. , ........................... 26July06
DIVISION 6 - WOOD AND PLASTIC
06100 Rough Carpentry. .................... 26July06
06200 Finish Carpentry ..................... 26July06
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07210 Building Insulation ..................... 26July06
07920 Joint Sealants ................. 26July06
DIVISION 8 - DOORS AND WINDOWS
05110 Steel Door Frames .................................. ,.26July06
08125 Interior Aluminum Storefront Framing .. ........................... 26July06
08210 Flush Wood Doors................25..................J.............. 26July06
08311 Access Doors and Frames ..................... 26July06
08710 Door Hardware ........... 26July06
08830 Mirrors ......... 26July06
DIVISION 9 - FINISHES
09250 Gypsum Board ......... 26JulyO6
O 09300 Ceramic Tile ............
09515 Suspended Acoustical Panel Ceilings ........................... ,.,..
09651 Resilient Base and Accessories ..........................
,..... 26July06
26July06
26July06
09653 Resilient Flooring ...................... 26July06
Carpet Tile - By Owner Contractor to remove and stack for
Recycling by Owners carpet supplier.
09725 Dry Erase Wall Coverings .2...................,.,,,.,,.,.,.,, 26July06
09910 Paints .... 26July06
DIVISION 10 - SPECIALTIES
10160 Metal Toilet Compartments ............................... 26July06
10400 Identifying Devices...................2...l.....y.......................................26July06
10525 Fire Extinguishers and Cabinets............,........ 26July06
10800 Toilet Accessories ..... 26Ju1y06
DIVISION 11 - EQUIPMENT- not used
DIVISION 12 - FURNISHINGS
12491 Horizontal Louver Blinds .................... 26July06
DIVISION 13 - SPECIAL CONSTRUCTION - not used
DIVISION 14 - CONVEYING EQUIPMENT - not used
DIVISION 15 - MECHANICAL
DIVISION 16 - ELECTRICAL
END OF TABLE OF CONTENTS
S City of Dallas Emergency Operations Center Alterations TABLE OF CONTENTS
GSRA Project No. 1814 00010 - 3 26 July, 2006
MEP SPECIFICATIONS
TABLE OF CONTENTS
DIVISION 15 - MECHANICAL
15011 Work in Existing Building
15050 Basic Mechanical Materials and Methods
15060 Hangers and Supports
15082 Plumbing Insulation
15083 HVAC Insulation
15140 Domestic Water Piping
15145 Domestic Water Piping Specialties
15150 Sanitary Waste and Vent Piping
15155 Sanitary Waste and Vent Piping Specialties
15410 Plumbing Fixtures
15415 Water Coolers
15815 Metal Ducts
15820 Duct Accessories
15855 Diffusers, Registers, and Grilles
15950 Testing, Adjusting and Balancing
DIVISION 16- ELECTRICAL
16011 Work in Existing Building
16050 Basic Electrical Materials and Methods
16060 Grounding and Bonding
16075 Electrical Identification
16120 Conductors and Cables
16130 Raceway and Boxes
16140 Wiring Devices
16145 Lighting Control Devices
16190 Supporting Devices
16442 Panelboards
16511 Interior Lighting
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City of Dallas Emergency Operations Center July 26, 2006
GSRA Project No. 1814 [TOC - 1] TABLE OF CONTENTS
PROJECT MANUAL
EMERGENCY OPERATIONS CENTER
ALTERATIONS
at
Dallas City Hall
Issue Date: July 26, 2006
City of Dallas
Equipment and Building Services Department
Design and Construction Division
1500 Marilla St., 6BN
Dallas, Texas 75201
VOLUME 1 OF 1
Project Directory
PROJECT: Emergency Operations Center Alterations
Dallas City Hall
1500 Marilla St., L2AN
Dallas, Texas 75201
OWNER: City of Dallas
Equipment and Building Services Department
1500 Marilla, 6BN
Dallas, Texas 75201
Contact: Carl Janak, AIA
Title: Project Manger
Phone: (214) 670-5380
Fax: (214) 670-5442
ARCHITECT: GSR-Andrade Architects, Inc.
4121 Commerce St., Suite One
Dallas, Texas75226
Contact: William D. Collins, AIA
Title: Project Manager
Phone: (214) 824-7040
Fax: (214) 887-0559
This page intentionally blank.
MAYOR AND CITY COUNCIL
2005-2006
City Hall
1500 Marila Street - 5/E/N 75201
LAURA MILLER, MAYOR - Place 15. (at Large) 670-0773
DONALD W. HILL, MAYOR PRO TEM - Place 5 670-0777
DR. ELBA GARCIA, DEPUTY MAYOR PRO TEM - Place 1 670-4052
City Haill
1500 Maria Street - 5/F/N 75201
DR. ELBA GARCIA Place 1 670-4052
PAULINE MEDRANO Place 2 6704048
ED OAKLEY Place 3 870-0778
MAXINE THORTON-REESE Place 4 670-0781
DONALD W. HILL Place 5 670-0777
STEVE SALAZAR Place a 6704199
LEO V. CHANEY, Jr. Place 7 6704659
JAMES L. FANTROY Place 8 6704066
GARY GRIFFITH Place 9 6704069
BILL BLAYDES Place 10 670-4065
LINDA KOOP . Place 1 870-7817
RON NATINSKY Place 12 8704067
MITCHELL RASANSKY Place 13 670316
ANGELA HUNT Place 14 670-5415
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PROJECT MANUAL ORGANIZATION
CITY OF DALLAS BOILERPLATE
* Bidding Requirements
a Contract Conditions
* Sample Contract Forms
TECHNICAL SPECIFICATIONS
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CITY OF DALLAS
PROJECT MANUAL
TABLE OF CONTENTS
NO OF
PAGES
Project Directory 1
Mayor and City Council 1
Project Manual Organization 1
Table of Contents 4
BIDDING REQUIREMENTS
Advertisement For Bids 1
Instructions For Completion of Bid Form I
Instructions to Bidders 13
Neighborhood Job Opportunities Notice I
Vendor Registration 1
Bonding Requirements 1
Good Faith Effort Plan Documen1tion ~~~~~~~~~~~~~~~~~~~~~~34
Good Faith Effort Administration Guide (September, 2003) 34
Schedule of Work and Actual Payment Form (Must submit within i business days
after CNty notfles bidderthat bidder Is apparuntlow or most advantageousbidder.) 2
Ethnic Composition Workforce Report (fMustsubmit withIn 5 business days after City
notifes bidder that bidderls apparentlow or most advantageausbikfder.)
Subcontractor Intent Form (Must submit within 5 business days after City notifes
bidderthat bidderIs apparent low or most advantgeous bidder.) 1
TOC.DOC Page I af4 1-14-05
CITY OF DALLAS
PROJECT MANUAL
TABLE OF CONTENTS
NO OF
PAGES
Good Faith Effort Documentation Form 9hnb;dderWqLLHOTMEETQFRQ0AL
Mustsubmit within 5 business days afterr City nofffles bidderthat bidder Is apparent low or
most advantageous bidder.)2
1
Delinquent Taxes and Accounts Receivable Report , ""FM1
CONTRACT CONDITIONS
General Conditions of the Contract (AIA, A-201, 1987) 37
Supplementary General Conditions of the Contract
(City of Dallas SGC, 6101194) 37
Attachment I - Insurance Requirements for Contractor Performing Asbestos
Abatement. (Applies only to bids where asbestos abatement is to be
si-formed under the contra 4
Attachment 2 - Workers Compensation Insurance Coverage
(Effective September 1, 1994) 3
Exemption Certificate
Prevailing Wage Rates for Building Construction
(City of Dallas - Schedule A, August 11, 2004) 3
Prevailing Wage Rates for HighwaylHeavy Construction
(City of Dallas - Schedule B, August 11, 2004) 4
Dallas Fire Code, Minority Business Enterprise Participation, and Equal
Employment Opportunity Contract Compliance 1
City of Dallas, Fire Code (City of Dallas, Ordinance 15225, 4
Ordinance 14486
3
Equal Opportunity Contract Compliance (City of Dallas, Ordinance 14486)
Contract Compliance For Drug Free Job Site 2
TOC.DOC Page 2 of4 1-1405
CITY OF DALLAS
PROJECT MANUAL
TABLE OF CONTENTS
NO OF
PAGES
CONTRACT FORMS
Notice About Forms 1
Contract, Bonds and Insurance
Standard Form of Agreement Between Owner Contractor (AIA, A-101, 6
Modified, 1987)
Attachment I 1
Contract Bond Guidelines (City of Dallas, 1/1/91)1
Payment Bond (City of Dallas, 12/15/81) 2
Performance Bond (Citv of Dallas, 12/15/81) 3
Certificate of Insurance I
Good Faith Effort Changes
Change of M/WBE Subcontractor Form I
Forms Required for Payment Application
Application and Certificate For Payment (AIA, G-702 G-703) 2
Additional Forms Required for Final Payment
Neighborhood Hiring Record I
2
Certificate of Substantial Cornpletion (AIA Document G704 - 1992)
Post Construction Contractor Evaluation (Requirement for Final Payment) 7
TOCDOC Pag 3 of 4 1-14405
CITY OF DALLAS
PROJECT MANUAL
TABLE OF CONTENTS
NO OF
PAGES
First Tier Sub-contractor Evaluation (Requirement for Final Payment) 2
MM/BE Vendor Evaluation Form I
Contractors Affidavit of Final Payment and Release 2
Consent of Surety Company to Final Payment (AIA Document G707 - 1970)
2
Other Sample Forms
Architect's Supplemental Instructions (AIA Document G-710 - 1992) 2
Proposal Request (AIA Document G-709 - 1970) 2
Change Order (AIA Document G701 - 1987) 2
Consent of Surety to Reduction in/or Partial
(Release of Retainage (AIA Document G707A - 1971) _ 2
Technical Specifications
(Table of contents located at front Technical Specifications)I
TOC-DOC Page 4of 41-40
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BIDDING REQUIREMENTS
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City of Dallas Advertisement for Bids
Sealed bids will be received at the Office of the Purchasing Agent for the City of Dallas,
Dallas City Hall, 1500 Marilla St., Rm 3FS, Dallas, TX 75201, until 1:30pm on August
10, 2006 and publicly opened at 2:00pm. Bid titles, department and dates of public
opening are listed below. Bid packets, plans and specifications may be obtained from
the Department of Equipment and Building Services. For alternate plans and
specifications pickup sites, please contact the department.
EMERGENCY OPERATIONS CENTER ALTERATIONS. Plans and specifications may
be obtained and/or examined at Dallas City Hall, Department of Equipment and Building
Services, Design and Construction Division, 1500 Marilla St., Rm. 6BN, Dallas, TX
75201. Plans and specifications may be purchased for a non-refundable fee of $15.00
per set beginning Friday, July 28, 2006. A pre-bid conference will be held at 9:00am,
Thursday, August 3, 2006 at 1500 Marilla St., L2AN, Dallas, Texas 75201 with a site
tour to follow. For information regarding this project, contact Carl Janak, AIA at (214)
670-5380, Fax: (214) 670-5442. (BID OPENING: August 10, 2006)
PUBLISH TWO TIMES
July 26, 2006 and August 2, 2006
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INSTRUCTIONS FOR COMPLETION OF BID FORM
Submit three (3) copies of your bid (photostatic copies are acceptable
for third copy).
Bids must contain the following Items:
1. Bid Form filled completely, property signed and corporation seal affixed were Indicated, if
Bidder is a Corporation.
2. Acknowledgment of all addenda in the space provided on the Bid Proposal Form.
3. Fill In all unit prices and alternates, listed on the Bid Proposal or required by addendum.
4. Acceptable Bid Security: Refer to Instructions To Bidders, Article 6 for Bid Security
Requirements.
5. Contractor's Quallfication Statement, AIA Document A305, 1986, completed and signed by
the appropriate representative.
6. Example Certificate of Insurance demonstrating bidder's ability to meet the requirements of
the Supplementary General Conditions of the Contract, Article Eleven.
7. Asbestos Abatement Contractor's Supplementary Qualification Statement
(Supplementary General Conditions of the Contract, Attachment Number 1- Insurance
Requirements) completed and signed by the appropriate representative (only if asbestos
abatement Is Included In this bid).
0 8. Copy of Asbestos Abatement Contractors Texas State License (only if asbestos abatement
is this
included in bid).
9. Example Certificate of Insurance demonstrating bidders ability to meet the requirements of
the Supplementary General Conditions of the Contract, Attachment Number I (only if
asbestos abatement is included in this bid).
10. Good Faith Effort Plan Compliance Documentation. Include with Bid the following:
* Good Faith EffortAffidavit
* Note: Additional documentation will be required from apparent low bidder or most
advantageous bidder within five business days following notification by the City. Refer
to Good Faith EffortAdministration Guide.
11. Bidders Safety Record Affidavit: Resolution #89-1132.
12. Delinquent Taxes and Accounts Receivable Report.
13. Request Vendor Number from City of Dallas, Business Development and Procurement
Services Office (www.bids.dal1ascilvhall.ora) If bidder does not have valid City of Dallas vendor
number.
14. Quallfied or Conditional Bids: This procurement Is being undertaken pursuant to State and
Local Competitive Bid Laws. Bidders are instructed and advised not to submit with their Bid
any company purchase order contract forms, or unsolicited qualifications or conditions, as
these would be contrary to the specificabons and conditions contained in the City's Bid
Documents, and would render the qualified or conditional bid non-responsive and same
could not be considered as a matter of Law.
S INSTRUCTIONS FOR COMPLETION OF BID
FORM_052604.DOC
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CITY OF DALLAS
INSTRUCTION TO BIDDERS
GENERAL INFORMATION
ARTICLE I
1.1 REFERENCES AND DEFINITION
1.1.1 Each prospective Bidder is advised to refer to other Divisions and Sections
Indexed under titles "Advertisement for Bids, "General Conditionso,
"Supplementary Conditions", 'Special Provisions', and the various "Technical
Specifications' for additional Information that may. affect the preparation of
proposals. Referenced documents contain Information pertaining to:
a. Time, date, and place for receipt of proposals.
b. Time for completion.
c. Payments, guaranty bonds, taxes; and.insurance.
d. Substitution of materials.
e. Unit prices.
f. Other conditions and technical data.pertaining the work.
1.12 All definitions set forth In the City of Dallas General'Conditions and the
Supplementary General Conditions of the Contract for Building Construction
and Special Provision for this project are applicable to these Instructions to
Bidders.
1.1.3 Bidding documents Include the Advertisement for Bids or Invitation to Bid,
Instructions to Bidders, the Bid Form, Bid Bond or Cashiers Check, and the
proposed Contract Documents Including any Addenda Issued prior to receipt
of Bids.
1.1.4 Addenda are written or graphic documents Issued prior to execution of the
Contract which modify or interpret the bidding documents, Including Drawings
and Specifications, by additions, deletions, clarifications or correction. Addenda
become a part of the Contract Documents when the Construction Contract Is
executed.
Revised June 12, 2001
ARTICLE 2
2.1 BIDDER REPRESENTATION
2.1.1 Each Bidder by making his Bid represents he has read and carefully examined
all Contract Documents and all Addenda thereto, and has thoroughly familiarized
himself with the detailed requirements thereof prior to submitting a proposal.
Should a Bidder find discrepancies or ambiguities .in, or omissions'from
documents, or should he be In doubt as to their meaning, he shall at once, and In
-any event not later-than 7 days prior to Bid due-date, notify Architect or Engineer,
who will, If necessary, send wrItten Addenda to all Bidders. Architect and the
City of Dallas will not be responsible for any oral Instrubation. All Addenda sent to
Bidders will become a part of Contract Documents. Al-inqUiries shall be directed
to the office of the Architect or Engineer. After-Bids are received, no allowance
will be made for oversight by-Bidder.
2.1.2 Each Bidder, by making his Bid, represents that, prior to submitting a proposal he
has examined and thoroughly familiarized himself with all existing conditions,
including all applicable laws, ordinances, rules and regulations that may affect
the Work. Bidders shall Visit the site, examine the grounds and all existing
buildings, utilities and roads, and shall ascertain, by any reasonable means, all
conditions that might in any manner affect the Work. The Drawings have been
prepared on the basis of surveys and Inspections of the' site and are Intended to
present an essentially accurate Indication of the physical conditions at the site.
This, however, shall not relieve the Bidder of the necessity for fully informing
himself as to existing physical conditions.
2.1.3 Each Bidder, by making' his Bid, represents that, when soils investigation data Is
Provided by Contract Documents, he assumes' responsibility for any conclusions
he may draw from such data. He may employ his own experts to analyze
available information and also be responsible for any conclusions drawn from that
informational source.
ARTICLE 3
3.1 INTERPRETATION OF CONTRACT DOCUMENTS
3.1.1 Should Bidders desire any explanation regarding the meaning or interpretation
of the Contract Documents, request should be made In writing, with time allowed
for a reply to reach Bidders at least seven (7) days before date for sulbmission of
Bids. Oral explanations or instruction given before the award. of the Contract will
not be binding. Any authorized Interpretation made will be In the form of an
Addendum to the Specifications and Drawing will be furnished, to all Bidders, and
its receipt by the Bidder shall be acknowledged on the Proposal Form in the
space provided. However, failure to so acknowledge recelpt of Addenda shall
*not necessarily disqualify the Bidder.
Reused June 12.2001 2
3.1.2 Changes or corrections may be made Inthe Contract Documents after they have
been issued and before Bids are received. In such case, a written Addendum
describing the change or correction will- be Issued by the Architect or appropriate
City of Dallas Department to all Bidders on record. Such Addendum or Addenda
shall take precedence over that portion of the Documents concerned and shall
become a part of the Contract Documents. Except In unusual cases, Addenda
shall take precedence over that portion of the Documents concerned and shall
become a part of the Contract Documents. EXocept In unusual cases, Addenda
will be issued to each of the Bidders at least three (3).days prior to the date
established for the receipt of Bids. Failure of any Bidder to receive any such
addendum or interpretation shall not relieve such Bidder of any obligation under
his Bid as submitted.
ARTICLE 4
4.1 RECEIPT AND OPENING OF BIDS
4.1.1 The City of Dallas, Texas (herein called the IOwner) will receive Bids and Bid
Bonds on the Proposal Forms Included in the Contract Documents.
4.1.2 Envelopes containing the Proposals shall be opaque, and shall be addressed to
> - the City Controller's Office. Room 3F South.' C Hall. Director of Finance. City of
Dallas, Texas 75201: the outside of the envelope shall be plainly marked with toe
word OPROPOSAL" and the name or description of the work for which the Bid is
submitted and the name and address of the Bidder. If forwarded by mail, the
sealed envelope containing the Bid must be enclosed in another envelops
addressed as specified on the 'PROPOSAL and the name or description of the
work for which the Bid is submitted and the name. and address of the Bidder. If
forwarded by mail, the sealed envelops containing the Bid must be enclosed In
another envelope addressed as specified on the Proposal Forms.
4.1.3 Proposal will be accepted for furnishing and installation of all items under one
Contract for the entire project Blds will considered only on the basis of the
complete project and any proposal for only one part of the project, will be
rejected, unless otherwise specified by the Owner on the Bid Proposal Forms-
4.1.4 Time limits for receiving Bids, time and place of announcement of bids received
and other pertinent information is as established In the "Advertlsement for Bidse
or in the tAdditional Bid Information and Bid Submission Requirements".
Rsvisd June 12..2001 3
4.1.5 After Bids are publicly opened and read aloud, the proposal form shall thereafter
remain on file with the City Sberetary, City of Dallas, Texas. No Contract will be
entered into until two (2)days shall have elapsed since the public opening.
4.1.6 The City reserves the right to rejection is In its best Interest. The City, at its)
option, may consider and accept a Bid, even though not prepared and submitted
in strict accordance with the provisions hereof, by waiving informalities, minor
irregularities, andlor technicalities. City may reject the proposals of a Bidder who
is in litigation with the City or has previously failed to perform properly or
complete on time contracts of a similar nature, and reject the proposals of a
Bidder who Is not, in the opinion of the Architect and the CRty, In a position to
satisfactorily perform the Contract. City may also accept or reject any of the
alternates that may be set forth In a proposal.
4.1.7 Any Bid may be withdrawn prior to the above scheduled time for the opening of
Bids or authorized postponement thereof. Any Bid received afr the time and
date specified shall not be considered. No Bidder may withdraw a Bid within
one hundred twenty (120) days after the actual date of the opening thereof.
Negligence on the past of Bidders In preparing proposals confers no right for the
withdrawal of same after opening.
ARTICLE 5
5.1 PREPARATION AND SUBMITTAL OF BIDS
5.1.1 Each Bidder shall submit his Bid and Bid Bond on the Proposal Forms provided
by the Owner. All blank spaces for Bid prices and quantities must be filled in, in
ink or typewritten, In both words and numerals. In case of discrepancy, the price
written in words shall govern over numerals. Oral, telephonic, or telegraphic
proposals will not be considered.
5.1.2 Proposals shall indicate unit prices, as well as quantity priced In the spaces
provided on the proposals form. Unit prices shall Include all freight, handling
charges, overhead, and profit.
5.1.3 The Owner reserves the right to change quantities after award of the Contract
based upon projected unit price; quantity price extensions shall be the product of
the unit price multiplied by the quantity and the section price shall be the sum of
the quantity price extensions. Provision is made for an aggregate total Bid price
for the complete Bid requirements.
Revised June 12, 2001 4
5.1.4 If the proposal is submitted by an individual, his legal name must be signed by
him or his duly authorized agent If the proposal is submitted by a firm,
association, or partnership, the legal name and address of each member must be
given and the proposal signed by a member of the finn, association, partnership,
or person duly authorized. If the proposal Is submitted by a company or
corporation, the company or corporation name, and business address must be
given, and the proposal signed by-an official or duly authorized agent
5.1.5 Power of Attorney authorizing agents or others to sign the proposal must be
properly certified and must be in writing and submitted-with the proposal, unless
already an file with the City Secretary.
5.1.6 To be considered as eligible to submit a proposal, a Bidder shall have complied
with all legal requirements to permit him to operate under the applicable laws of
the State of Texas.
5.2 TELEGRAPHIC MODIFICATION OF BID
5.2.1 Any Bidder may modify his Bid by telegraphic communication at any time prior to
the scheduled closing time for receipt of Bids, provided such telegraphic
communication Is received by the Owner prior to dosing time, and provided
further the Owner Is satisfiedtwith a written confirmation of the telegraphic
communication over the signature of the bidder was mailed prior to the closing
time. The telegraphic communication should, not reveal the Bid price but should
provide the addition or subtraction or other modification so that the final price or
terms will not be known by the Owner until the sealed Bid is opened. If written
* , confirmation Is not received within two (2) days after closing time, then, at City's
option, no consideration will be given to the telegraphic modification.
5.3 IRREGULAR PROPOSALS
5.3.1 Proposals will be considered Irregular If they show any minor omissions,
alterations of form, additions, or conditions not called for, unauthorized alternate
Bids, or Irregularities of any kind. However, the Owner reserves the right to
waive any Irregularities and to make the award In the best Interest of the Owner.
Bidders are advised not to submit irregular proposals, as such irregularities may
be grounds for rejection of the Bid by the Owner.
Revised June 12, 2001 5
ARTICLE 6
6.1 BID SECURITY' (Mandatory for Bids In Excess of $100,000.00)
6.1.1 Bids must be accompanied by a Cashier's Check on any State or National Bank
in the City of Dallas, or acceptable Bid Bond, Payable unconditionally to the City
of Dallas. Bidder, if submitting a Bid Bond, must use the' Citys Form
accompanying the Proposal. Substitution of any form of Bid Bond with provision
inconsistent with those of the City's-Form wlillconstItute grounds for rejection of*
the Bid at the City's option. The Cashiers Check or Bid Bond shall be In an
amount of not less than five percent (5%) of the total amount of the Bid. This Bid
security is required by the City as evidence of good faith and as a guarantee that,
if -awarded- the Contract, the Bidder:will execute same and furnish the required
Bonds within (10) days after the regular award of said contract, or Its substitute
award as set forth hereunder.
6.1.2 In the event a Cashier's Check Is submitted along with- the Proposal. of the
Bidder, and the successful Bidder does not execute the Contract and give such
Bonds as may be specified In the Contract Documents within (10) days after
award of the Contract, the City shall be entitled to the proceeds of such check.
6.1.3 In the event a Bid Bond is submitted along with the Proposals of the Bidder, it
shall be conditioned that if Bidder refuses to execute the Contract in accordance
with his Proposals, and give such bonds as may be specified in the contract
Documents, said Bidder and his Surety shall become liable to the City for the full
amount of the Bldder's bond.
6.1.4 Subsequent refusal to execute the Contract by any other Substitute Bidder or
Bidders who may, in turn, at City's. option be awarded the Contract In lieu of a
previous forfeiting Bidder or Bidders, shall: a) cause said Substitute Bidders and
their Sureties to In turn become liable to the City for the full amount of their
respective- Bid Bonds, 'or b) entitle the City to the proceeds of their Cashier's
Check submitted as Bid security in lieu of Bid Bonds.
6.1.5 Alternatively, City may, at its option, choose to reject any or all remaining Bids
after a successful BIdders refusal to contract, and make no subsequent award of
the Contract, choosing Instead to indefinitely delay-the Project or readvertise for
new Bids.
Revised June 12,201 6
6.1.6 Such checks or Bid Bonds will be returned after the Owner and the successful
Bidder for the entire project have executed the Contract, or If no award has been
made within one hundred twenty (120) days from date opening of Bids, upon
demand of the Bidder at any time thereafter, so long as he has not been notified
of the actual acceptance of his Bid, either as the lowest or best responsible Bid
or as one of the two Bidders next In line for possible award of the Contract after
failure of the low Bidder or Bidders to execute same.
6.2 BID SECURITY (For Bids Less Than $100,000.00)
6.2.1 In soliciting bids for this contract, the City is not requiring bidders to submit bid
security for bids less than $100,000.00, and any contrary provision contained in
the Instruction to Bidders are hereby deleted. However, each bidder agrees as a
condition of their bid submission that, in the event the bidder Is awarded the
Contract the bidder will, within the event the bidder Is awarded the Contract; and
if such bidder shall fail or refuse to do so, he shall pay the City fiye percent (5%)
of the greatest amount of said bid (plus reasonable attomeys fees and court
costs if necessary for the collection of same) as liquidated damages, it being -
difficult and impractical to determine accurately the actual amount of damages
accruing to the City by reason of the bidders failure to so execute said Contract.
Further, the defaulting bidder shall. not be eligible to submit a bid should the
Contract be re-advertised for-bids.
ARTICLE 7
7.1 BiDDER'S QUALIFICATIONS
7.1.1 The architect or the Owner may make such investigation as they deem
necessary to determine the ability of the Bidder to perforn the work, and the
Bidder shall furnish the Architect or Owner all such Information and data for this
purpose as they may request before and/or during the bidding period, if the
qualifications of the prospective Bidder are not known to the Owner. Request for
information may include his previous experience .ln performing similar or
comparable work, his business and technical organization, his financial
statement of resources, his plant available to be used, and the amount of work to
be performed by his own forces In the performances of the contemplated work.
7.1.2 The Owner reserves the right to reject any Bid If the evidence submitted by, or
investigation of, such Bidder fails to satisfy the Owner that such Bidder Is
properly qualified to carry out the obligations of the Contract and to complete the
work contemplated therein.
0 fRevisad June 12,2001 7
7.2 DISQUALIFICATION OF BIDDER
7.2.1 Bidders may be disqualified and their proposals not considered for any of the
following reasons:
a. Reason to believe collusion exists among the Bidders.
b. Reasonable grounds for believing that any Bidder Is Interested in more
than one proposal for the work contemplated.
c. The Bidder being Interested. In any litigation against the Owner.
d. The Bidder being Inarrears on an existing contract or having defaulted on
a previous contract
e. Lack of competency as revealed by financial statement, experience and
equipment, questionnaires, etc.
f. Uncompleted work which, Inthe judgment of the Owner, will prevent or
hinder the prompt completion of additional work, if awarded.
g. Failure of Bidder to use City's Form of Bid Bond in submitting his. Bid, or
Submission of a Cashiers Check drawn on a State or National Bank not
located Inthe City of Dallas.-
ARTICLE 8
8.1 BID DOCUMENTS
8.1.1 Drawings, specifications and other documents will be placed on file and may be
examined or purchased (non-refundable) during business hours at the
Equipment and Building Services Department, De8Jgn mid CdristrUcon , 1500
Marila, Room L2/FS, Dallas, Texas 75201. (214) 670-5380.
8.1.2 Complete sets of Bid Docurhents will be available for each Prine.Contract Bidder
for the purpose of preparing a bona fide proposal.
8.1.3 The purchase price for each set may be found In the "Advertisement for Bids"
and approximates the cost or reproduction for each set.
8.1.4 Payment will be by certified check or money order. Make checks payable to the
City of Dallas. No cash, personal or corporate checks will be accepted.
Revised June 12,.2001 8
0 *ARTICLE 9
9.1 PRODUCT SUBSTITUTIONS
9.1.1 The Owner shall not attempt to determine the acceptability of any product
substitution during bidding period The inclusion of a substitute by the Contractor
andlor Subcontractor In his Bid shall be done at his own risk with the understanding
that if, after the Bids are opened, the Owner finds the item specified or an approved
equal at no additional cost to the Owner.
Where specifications Indicate one proprietary product, substitutions will be allowed
only If the Bidder has received written approval for such substitution from the
architect prior to Bid submission. The request for written approval must be made at
least seven (7) days prior to the Bid date. The burden of proof rests on the
contractor for the product's compliance as equal orsuperior to the specified item.
ARTICLE 10
10.1 SALES TAX EXEMPTIONS.
10.1.1 The Owner will furnish the Contractor with an Exemption Certificate to take
advantage of the sales tax exemption under Section 151.309 of the Texas Tax
Code. Contractors should, .therefore, to the extent allowed, exclude from their
proposals any Texas Sales Tax on materials, which will be Incorporated into the
building. (Also, refer to Art. 3.6 TAXES of Supplemental General Conditibns.)
ARTICLE 11
11.1 OTHER SURETY BONDS (For Bids from $25,000 to $99,999.99)
11.1:1 If the Contract.Sum Is $25,000.00 or less. the bidder receiving the award may elect
not to provide Payment Bonds, provided that in such event no money will be paid to
the contractor until final completion and acceptance of all Work by the City. If the
bidder receiving the award elects to provide Performance and Payment bonds In- the
amount of. 100% of the contract Sum, progress payments in accordance with the
applicable Contract provisions- shall be disbursed. This Notice supersedes. any
contrary, provision as may be contained in the Instruction to Bidders or the General
and Supplemental General Conditions to the Contract.
11.2 OTHER SURETY BONDS
11.2.1 The successful Bidder, within ten (10) days after the award of the Contract, shall
provide Surety Bonds conforming to requirements as set forth in Section 11.4 of the
Supplemental General Conditions of the Contract for Building Construction. Cost for
such Bonds shall be Included In the Bid and shall be based upon the amount of the
Bid. Costs shall be adjusted to the amount stipulated by the executed Contract
Reused June 12, 2001 9
11.3 OTHER SURETY BONDS (forbids $100,000.00 or greater)
11.3.1 The successful Bidder, within ten (10) days after the award of the Contract, shall
provide surety Bonds conforming to requirements as set forth In Section 11.4 of the
Supplemental General Conditions (Performance Bond and Payment Bond) of the
City of Dallas General and Supplementary General Conditions of the Contract for
Building Construction. Cost for such Bonds shall be Included In the Bid and shall be
based upon the amount of the Bid. Cost shall be adjusted to the amount -stipulated
by the executed Contract.
ARTICLE 12
1211 AWARD OF THE CONTRACT
12.1.1 The Contract will be awarded (unless al -Bids. are rejected) to the lowest responsive
and responsible Bidder. City reserves the right, however, to award of the Contract in
its best Interest, and therefore reserves the right to select a Bidder other than the
lowest, If it Is determined that his is the better Bid..
12.1.2 The City reserves the right to withhold' the-award'?of'the Contract for.rreasonable. -':
period of time from date of opening proposals and no award will be.made until after
- Investigations are made as to the responsibilities of the low Bidder. In no case will
the contract be awarded until at least two (2) days shall have elapsed from time of
opening proposals.
12.2 EXECUTION OF CONTRACT
12.2.1 The person or persons, partnership, company, firm, association, or corporation to
whom the Contract is awarded shall, within ten (10) days after such award, sign the
necessary Agreements entering into the required Contract with :the Owner and
provide the necessary Surety Bonds and Insurance evidence as required under the
Contract Documents.
12.2.2 No contract shall be binding on the Owner. until it has been attested by the City
Secretary, countersigned by the Assistant City Manager, approved as to form by the
City Attorney, executed by the City Manager, and delivered to the Contractor.
Revlsed June 12,2001 10
12.3 FAILURE TO EXECUTE CONTRACT
12.3.1- The failure of the Bidder to execute the Contract or the required Surety Bonds within
ton (10) days after the Contract Is awarded, or as soon thereafter as City can
assemble and deliver said Contract, shall constitute a breach of his proposals and
the Owner may annul the Award and retain the proceeds of the Bids Security. ..By
reasons of the uncertainty of the market prices or materials and labor, and it being
impractical and difficult to determine accurately the amount of damages occurring to
the Owner by reasons. of said Bidders failure to execute. the said Bonds and
Contract within ten (10) days, the filing of a proposal. will be considered as an.
acceptance of this provision. . in event the Owner should readvertise for Bids, the*
defaulting Contractor shall not be eligible to Bid and the lowest responsible-Bid
obtained in the readvertisement shall be the Bid referred to herein.
ARTICLE 13
13.1 ISSUANCE OF WORK ORDER AND WORK COMPLETION,
13.1.1 Following execution on the Contract, the OWner shall Issue. a Work Order to the
Contractor, advising that the Contract. has been accepted and that the Contractor
shall begin work within ten (10) days from the date specified In the Work Order. All
work shall be completed within the number of working days or calendar days
specified in the Contract .D6cuments. . The Exemption Certificate as outlined in
Article 10 of these instructions will be issued with the Work Order.
13.1.2 If the Contractor encounter any delay occasioned by the City's temporary failure or
Inability to obtain right of way or portions of the Projects site, or Is delayed by the
relocation or removal of any of the ulilties or other Installations of similar kind, the
Contractor shall not be entitled to any claims for damages by virtue of said delay.
13.2 COOPERATION
13.2.1 The Owner shall have the right to do other work, or to let other Contracts for the
work to be done, on the same site as specifled for work -to be done under this
Contract and the Owners arrangement as to precedence of work and the relation-
ship between Contractor and either the Owner or other Contractors shall be
decisive.
Reased Juns 12,2001 fl
ARTICLE 14*.
14.1 MINIMUM WAGE RATES
14.1.1 In accordance with Article 5159a, V.A.TiS., it shall be mandatory upon the
Contractor to whom this .Contract.Is -awarded, and upon any.subcontractor under
him, to pay not less than the general prevailing rate of per diem wage and the
general. prevailing rate of per diem wage' and the general prevailing rate for
overtime work" based upon the following; specIfied Basic Rates Per Hour to all
laborers, workmen and -mechanics employed- by. them in -the execution of this
Contract:
See applicable Wage Rate Schedule In Project Manual.
14.1.2 The specifiedBaslc-Wage Rate Per- Hour does not Include Fringe Benefits, or other
optional payments.'
14-1.3 Except for work an legal holidays, the "general prevailing rate ofper diem wage" for
the various crafts or type -of.workmen or. mechanics -is the productof (a) one and
one-half times the above respective Basic Rate Per Hour,'times. (b) te-number of
hours worked on the legal holiday.
14.1.4 For legal holidays, the "general prevailing rate of per diem wage" for the various
crafts or type of workmen or mechanics Is the product of (a) one and one-half times
the above respective Basic Rate Per Hour,.times (b)the number of hours worked on
the legal holiday.
a
14.1.5 The general prevailing rate for overtime work' for the crafts or type of workmen or
mechanics is one and one-half time the respective Basic Rat Per Hour.
14.1.6 Under the provisions of Article 5159a, Vernon's Annotated Texas Statues, the
Contractor shall forfeit as a penalty to the entity on whose behalf the Contract is
made or awarded, Ten Dollars ($10,00) for each laborer, workman or mechanic
employed, for each calendar day or portion thereof that such laborer, workman or
mechanic Is paid less than the said stipulated rates for any work done under the
Contract, by him or by any subcontractor under him.
14.1.7 The Contractor and his subcontractor shall keep, in accordance with said Article
5159a, an accurate record showing the names and occupations of all laborers,
workmen, and mechanics employed in connection with the Work under this Contract,
and showing also the actual per diem wages. paid to each of such workers, which
record shall be open to inspection by authorized- agents of the Owner at all
reasonable hours.
Revised June 12,2001 12
ARTICLE 15
15.1 CITY OF DALLAS. TEXAS. CERTIFICATES OF OBLIGATION
15.1.1 If the Advertisement for Bids so states, all or a portion of the contractual obligation to
be incurred on behalf of the City may be paid with Certificated of the City may be
paid with Certificates of Obligation Issued and delivered in accordance with the
provisions of Article 2368a.1, V.A.T.S. In such event; the successful Bidder will be
required to accept such Certificates in payment of all or such portion of the Contract
price, as the City may determine, -Hemay retain the Certificated or assign same to a
Bank with which the Ciy has made provisions for the Contractors to sell and assign
them at their face value (no accrued interest), and each Bidder shall be required to
elect on his own Bid Proposal whether he will retain or assign such Certificates.
ARTICLE 16
16.1 EQUAL EMPLOYMENT OPPORTUNITY AND' MINORITY BUSINESS
ENTERPRISE PARTICIPATION
The City of Dallas encourages bidders/ proposers to utilize local (City of Dallas)
MIWBE firms In fulfilling the MANBE participation goals. The City of Dallas
recognizes MNVBE certification by the North Central Texas Regional Certification
Agency (NCTRCA). *
W 16.1.1 The Contractor shall comply with the following:
Chapter 15B, Equal Employment Opportunity Contract Compliance, of the Dallas
City Code (Ordinance 14486):
City of Dallas Minority Business Enterprise Participation Goals.
Revised June 12,2001 13
This Page Intentionally Left Blank
, .-
S
NEIGHBORHOOD JOB OPPORTUtNITIES NOTICE
The Bidder certifies by submiesion of his bid that if awarded
the Contract the Bidder will:
1. Post signs at the job site, providing information
on employment opportunities, the location of the
employment office, the telephone number of the
employment office, and the name of the contact
person.
2. Hake good faith effort to hire unemployed City
of Dallas residents when hiring new employees.
3. Provide monthly reports indicating the number of
employees hired during the month on all contracts
and the number of City of Dallas, residents hired.
4. Provide an on-site project employment office for
City Construction Contracts, which exceed 5 Mili on
.: Dollars.
I of L
City of Dallas Vendor Registration
In order to enter into a contractual agreement to provided goods and services to
the City of Dallas, a Bidder must be registered as a "vendor with the City of
Dallas, Business Development and Procurement Services Office.
To verify existing vendor registration or to establish a new vendor registration,
please visit the following website: www.bids.dallascitvhall.orQ and select
"Register as a New Vendor". Follow the instructions on the screen.
Notices of advertisement for construction bids are located at the following
website address:
www.dallascitvhallorpldallas/enwhtml/construction notices.html.
If you need assistance or experience difficulties during this process, please
contact the Business Development and Procurement Services Office at 214-670-
3326 for assistance.
BID FORM
EMERGENCY OPERATIONS CENTER
ALTERATIONS
FOR
CITY OF DALLAS
Bid of _(Name of Bidder)
[Check Applicable Items Below]
A Corporation organized and existing under the laws of State
of and licensed, not licensed (check one)
to transact business in the State of Texas.
_ A Partnership
-An Individual doing business as
(fill blank)
TO THE OWNER: The City of Dallas, Texas
Honorable Mayor and Members of the City Council
The undersigned in compliance with your invitation for bids for the Emergency
Operations Center Alterations at Dallas City Hall, having examined the
drawings and specifications with related documents, and having examined the
site of the proposed work, and being familiar with all the conditions surrounding
the execution of the proposed project, including the availability of material and
labor, hereby proposes to furnish all labor, materials, services, equipment and
appliances to execute the project in accordance with the Contract Documents,
within the time set forth therein, and at the prices stated hereinafter, to cover
all expenses incurred in performing the work required under the Contract
Documents of which this proposal is a part.
Boileplate - Bid Fonn (3-A).doc Bid Form Page I of 4 07/17106
TOTAL BASE BID:
DOLLARS ($ )
(Amounts shall be shown in each instance in both words and figures. In case of
discrepancy, the amount in words will govern).
ALTERNATES - Indicate whether item is ADD or DEDUCT from BASE BID.
ALTERNATE BID I
Alterations of the Men's and Women's toilet rooms.
Add Deduct _ ($ )
DOLLARS
ALTERNATE BID 2
Construction of the screen wall in the Emergency Operations Center.
Add Deduct ($ )
DOLLARS
Acknowledgment of Addenda (If issued):
ADDENDUM #1 RECEIVED BY DATE:
ADDENDUM #2 RECEIVED BY DATE:
ADDENDUM #3 RECEIVED BY DATE:_
Boilerplate - Bid Form (3-A).doc Bid Form Page 2 of 4 07/17106
The undersigned further agrees that the Proposal Guaranty may be retained by
the City of Dallas provided the undersigned is one of the three lowest and most
advantageous bidders and that said Proposal Guaranty shall remain with the
City of Dallas until the Contract has been signed, and the Bonds required for the
faithful performance of the Contract and the prompt payment for labor and
materials in the prosecution thereof have been made by one of the three lowest
responsible bidders; otherwise the Proposal Guaranty may be obtained from the
City Secretary after forty-eight (48) hours from the time of opening the bids. The
undersigned hereby declares that he has visited the site, has had sufficient time
to make all tests and investigations to arrive at an Intelligent estimate of the cost
of doing the work, and has carefully examined the Plans, Specifications and
other Contract Documents relating to the work covered by his bid or bids, that he
agrees to do the work, and that no representations made by the City are in any
sense a warranty, but are mere estimates for the guidance of the Contractor, that
upon receipt of notice of the acceptance of the Bid, he will execute the formal
Contract, within ten(10) days, and will deliver the Surety Bonds for the faithful
performance of this Contract, and such other Bonds as may have been required
in the Specifications.
The Bid Security attached, in the sum of
(Dollars)$-
is to become property of the City of Dallas if a cashiers check, and if a Bid Bond,
the full principal amount shall be paid to the City in the event the Contract and
Surety Bonds are not executed within the time set forth, and to be considered as
liquidated damages because the expense of delay and additional work caused
thereby, as well as other damages, are incapable of accurate ascertainment.
Time of Completion:
The undersigned agrees to complete the work included in the Base Bid within
ninety (90) calendar days, following the date specified in a written Work Order
to proceed. The Work Order may be issued on the date of acceptance 6f the bid
requiring the undersigned to commence work not later than ten (10) calendar
days thereafter. The undersigned further declares that they will provide all
necessary tools and apparatus, do all the work, and furnish all materials, and do
everything required to carry out the above mentioned work covered by this
Proposal, in strict accordance with the Contract Documents and the requirements
pertaining thereto, for the sum or sums above set forth.
Boilerplate - Bid Form (3-A)-doc Bid Fonn Page 3 of 4 07/17/06
Respectfully Submitted,
(Name of Bidder)
By: y
(Name of Signatory)
(Address)
(City) (State) (Zip)
Telephone Number FAX Number
E-mail Address
(Seal - If Bidder is a Corporation)
(Note: DO NOT DETACH Bid from other papers to be submitted. Fill in with ink
and submit in TRIPLICATE complete with attached papers. Name should be
typed or printed under all signatures in the Proposal and accompanying Bid
Bond).
Boilerplate - Bid Form (3-A).doc Bid Form Page 4 of 4 07/17/06
CrrY ot' DALLAS
BONDING REQUIREMENTS
CITY OF DALLAS
BID BONDICHECK
A Cashiers Check, Certified Check, Bidders Bond, or unconditionalletterof credit inthe amount of $ of the
greatest amount bid herein must accompany this bid to be acceptable. The Bid Bond must be made by a company
authorized ID business Inthe State of Texas and having a designated ResidentAgent residing in Dallas County, Texas.
do
PERFORMANCE BOND
The successfUlbidderwill be requiredto psta PerfomranceBondintheamountdof _% ofthetotalvalueofthecontractand
the cost d such bond must be absorbed by the bidder. The Performance Bond must be made by a bonding company
authorized to do business inthe State of Texas and having a designated ResidentAgent residing in Dallas County, Texas.
PAYMENT ND
The successful bidder will be required to post a Payment Bond in the amount of -% of the total value of the oontractand
the cost of such bond must be absorbed bythe bidder. The Payment Bond must be made by a bonding company autho&zed
to do business inthe State of Texas and having a designated ResidentAgent residing in Dallas County, Texas.
PLEASE COMPLETE THE FOLLOIVING
1. Bkklds complete name
a IsBiddera Corporation? IFso, give State t incorporation
3. Is Biddera Partnership? Yes or No
4. Is Bidder a Limited Partnership? If so, give name of Countywhere Articles of Partnership recorded.
5. IsBidder a sole Proprietorship (an individual)? so,
11 state exact operating name of Company.
6. Give complete name and address of Suretyfor Performance and Payment Bonds.
7. Givethe name of Attomey-in-Factfor the Suretycompany.
8. Give the name and address of the ResidentAgent of the Surety company in Dallas County, Texas (this name must
bete narneofa natural person residinginDallasCountyTexasandthe address mustbeastreetaddress andfnot
a Post Office Box Number).
PUR-021¶1 rev
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(Form 6)
CITY OF DALLAS
CHANGE OF MIWBE SUBCONTRACTORISUPPLIER FORM
This form is to be used when making changes in the status of a IMIWBE subcontractor.
Prime Contractor Officer's Signature:
Address: Telephone: Ext.
Project Name & Contract # #: Date:
Project Manager Approval:
Subcontractor: Certification #:
Scope of Work:
Please indicate reason for change by checking one or more of the following boxes:
El Increase or Decrease in the Scope of Work
LI Poor performance by the subcontractor, sub-consultant, vendor, or supplier
L] Subcontractor is unable or unwilling to perform the work
LI Subcontractor does not have the equipment or workforce to perform the work
LI Other (please explain):
Date Subcontractor Notified of Change:
Representative that notified Subcontractor.
Original Amount() % of Revised Amount) % of Change Not Effect on Total (S)
Total _ _ _ _ _ _ _ _ _ _ _ _ _
Attach copies of original and revised Schedule of Work and Actual Expenditure Form. If applicable, please
attach new M1WBE Subcontractor Intent Forn. Failure to comply with this provision could result In termination od
the contract, sanctions against the prime contractor, and/or Ineligibility for future City contracts. Intentional
misrepzresentation could result in criminal Prosecution.
City oflhlias, HDPS 10AU3
CITY OF DALLAS
Date of Bid Opening
BIDDER'S AFFIDAVIT
The following Information 18 required by City Council Resolution, #891132.
Failure or refusal to complete this form may result In bid rejection
The undersigned certffies that safety records from the Dallas OSHA office, or from the local
OSHA Jurisdiction within which this firm does business, do not reflect ponalts for six (6) or
more Serious violatlons, none of which are Repeat violabons, nor do they reflect three (3) or
more Willful violations, none of which may be Repeat violations, withln the proceeding. three
(3) years.
Name of Signatory Tit]e Address
Corporate Authorized Signatory (Only) itle Address
The above signature must be by a corporate office.
Legal Name of Bidder Address
SWORN TO AND SUBSCRIBED BEFORE ME on this day of
20 , to certify which witness may hand and seal of this office.
NOTARY PUBLIC, STATE OF
Printed Name of Notary
My Commission Expires:,
0063F:200 IF:3/mfc:nnh
DEPAATMNT UIOWEAND HULNIS HERVICES 150 LARLIA. LS DALLA. TCM 7
OF
*
CITY OF DALLAS
PRIOR CONTRACTUAL ACTIVITIES
In accordance with the Instructions To Bidders, Article 7, Bldde?s Qualifications, the
following documentation requires submission upon notification of pending Contract
Award:
PRIOR CONTRACTS: Attach a listing of all prior contractual activfits with The City -of
Dallas for the past three years from the date of this Bid Opening. Include the following
information for the Prior Contracts:
Contract Project Name:
Contract Date: Contract Amount:
Council Resoution / Administrative Action Number (Attach Copy)
Contracting City Department
Contract Completion Date:
Contract Change Order I Supplemental Agreement Listing: Provide following
infonnation for each of the aforementioned:
Change Order I Supplemental Agreement Number
Date: Amount
Council Resolution I Administrative Action Number (Anadi Copy)
Explanation:
Was liquidated damages assessed?
Was Surey required to complete contract?
The requested documentation Is attached and submitted by.
'By;-
Name o Bidder Signaburs
Number of Prior Contracts:
Named 8 nafoiy
Stat County
Subscribed and swom to before me this day of 19
Notary Public:
My Commlsan Expirm:
CITY OF DALLAS
DELINQUX TAlES AND ACCWNTS RECIVABLE REPORT
In accordance with the Instructions To Bidders, Article 7, Bidders Qualifications. the
following documentation requires submission upon notiflcaton of pending Conlrsot Award.
CITY OF DALLAS TAX STATEMENT: Provide the following City Tax Information for the
BIdder and Ownerqs) which will be forwarded to the City Controller's Office:
Bidder:
Address:
Delinquent In City Tax Payrnient NO YES
If yes, provide explanation:
Owner(s):
Address:
Delinquenl In City Tax Payment: NO YES
If yes, provide explanation:
CITY OF DALLAS ACCOUNTS RECEIVABLE STATEMENT: Provide Ute following
informaton for the Bidder and Owner(s):
Bidder
Address:
Outstanding Accounts Recelvable to City NO YES
If yes, provide explanadop:
Owner(s):
Address:
Outstanding Acounts Recevable lo City NO YES -
If yes, provide explanation:
The requested documentation Is attached and iubmitted br.
By;-
Nrm ortBiddur Ske
Stats of.6 County of;
Subsabed end swom t before m hls day of ,11
NotaryPublic:
My Commission Expirua:
0~~~~~~ 0WAATMUET CF rstfMX0A CTAJPTRAftIOG W OwwAM4J#LWSPP CALLAL fODL ng.
.
CONTRACT CONDITIONS
0
.0
This page intentionally blank.
0
General Conditions of the Contract
for Construction
AIA Document A201 - Electronic Format
1987 EDITION
TABLE OF ARTICLES
1. GENERAL PROVISIONS 9. PAYMENTS AND COMPLETION
2. OWNER 10. PROTECTION OF PERSONS AND
3. CONTRACTOR PROPERTY
4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BOS
5. SUBCONTRACTORS - 12. UNCOVERING AND CORRECTION OF
WOR1K
S. CONSTRUCTION BY OWNER OR BY
SEPARATE SEPARATE
. ~~~~~13.
MISCELLANEOUS PROVISIONS
CONTRACTORS 14. TERMINATION OR SUSPENSION OF THE
7. CHANGES IN THE WORK CONTRACT
S. TIME
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED
AIA DOCUMENT MAYeE MADE BY USING AlA DOCUMENT D401.
This document has been approved and cndorsed by the Associated General Conirctore of America.
Copyright 1911.,1915,1911, 1925.1927. 1951.1958. 1961. 1963, 1967.1970. 1976 1937 by The American.Instituie or
Archiieers. 1735 New York Avenue N.W., Washington D.C. 2000645292. Reproduction of the maicrial hercin or substantial
quolaion or its provisions without wriLten permission or the AlA violates ihi copyright laws odthe United States and will be
subjecl to legal prosecutions.
CONoDTIONS OF. TIlE CONTRACT FOR CONSTRaUCTION. *OUOEJ NTh tITON .ANA-cOrFvuIlll usa' flu. AM11UWAE
AIA DOCUMCUt A191 . oEN aEAL - N
INSTITIUT5 OFtCHIT5 1715
NEWOIL AVUU p w. WASIIIMOTON DC 2f0Ll WAMINO Whlned qqhs IS
aW. ug.tIlaS1 IS I Sl - W
14a1punww. Tml 4-amas wa .kmhsily p.S~td -do
gem _.,bo O1l2M d t-b._mn-sd -mas whis. moME1n
Electronic Document Service A20 1-1987 1
INDEX
Acceptance of Nonconforming Work 9.6.6, 9.9.3. 12.3 Architect's Instnrctions 4.2.6, 4.2.7, 4.2.1, 4.3- 7,
Acceptance Oa Work 9.6.6. 9.3.2. 9.9.3, 9-10.1. 9.10.3 7.4.1, 12.1, 13.5.2
Aoesm to Work 3.16. 6.1. 12.1 Architect's Interpiuations 4.2.11. 4.2.12. 4.3.7
Accident Prevention 4.2.3. 10 Architect's On-Sitc Observations- 4.2.2,4.2.5.4.3.6. 9.4.2.
Acts and Omissions 3.2,1. 3.2.2. 3.3.2, 3.12.1., 3.15, 4.2.3, 95.1, 9.10.1. 13.5
4.3.2, 4.3.9. 8.3.1,10.1.4, 10.2.5, 13.4.2. 13.7. 14.1 Arehluecft' Project Reprmsentativc 4.2.10
Addenda 1.I.I,3.11 Architects Relatonshlp with Contractor 1.1.2. 3.2.1,3.2.2.
Addithrnal Cas, Claims for 4.3.6. 4.3.7, 4.3.9, 6.1.1. 10.3 3.3.3, 3.5.1. 3.7.3. 3.11. 3.12.3, 3.1211,3.16, 3.13, 4.2.3,
Additional Inspections and-Teaing 4.2-6. 9.1.2, 12.2.1. 13.5. - 4.2.4. 4.2.6. 4.22, 5.2, 6.2.2. 7.3.4.
Additional Time, Claims for 4.3.6, 4.3.1. 4.3.9, 3.3.2 9.5.2. 113.7, 12.1, 13.5
ADMINISTRATION OF THE CONTRACT 3.3.3,4, 9.4. 9.5 Arehileets Reltilonship with Subcotractors 1.1.2, 4.2.3,
Advenibement ar Invitazion to Bid 1.I.i 4.2.4,-.
Aesthetic Effect 4.2.13.4.5]1 4.2.6, 9.6.3, 9.6.4. 11.3.7
Allowances 3.8 Architeces Repruesentatious 9.4.2. 9.5.1, 9.10.1
All-risk Insurance 11.3.1.1 Architects Situ Visits 4.2.2. 4.2.5, 4.2.9, 4.3.6. 9.4.2,
Application. for Payment4.2.5, 7-3.7, 9.2, 9.3, 9.4, 9.5.1, 9.5.1. .S.2. 9.9.2. 9.10.1, 13.5
9t6.3, 9.8-3. 9.10.1. 9.10.3. 9.10.4. 11.1.3, 14.2.4. Asbesto . 10.1
Approvals 2.4, 3.3.3, 3.5. 3.10.2, 3.1.4 through 3.12.1, Attorneys' Fees 3.13.1, 9.10.2, 10.1.4
3.1.3, 4.2.7, 9.3.2, 113.1.4, 13.4.2, 13.5 Award of Separate Contracts 6.1.1
Arbitration 4.1.4. 4.3.2, 4.3.4, 4.4,4, 4.5. 1.3. 1, Award of Subcontracts and Other Contects
10.1.2, 11.3.9,11.3.1O for Portion- ortha Work 5.2
Architect 4.1 Basde Dc lUtions 1.1
Architect. Definiaion of
Architect, Extent orAuthority
4.1.1
2.4, 3.12.6, 4.2, 4.3.2, 4.3.6,
4.4,
Bidding Requirements
Boiler and Machinery Insurance
Bonds, Lin
1.1.1, 1.1.7. S. 1, 11.4.1
11.3.2
9.10.2
S
5.2. 6.3, 7.1.2, 7.2.1, 7.3.6, 7.4, 92, 9.3.1. 9.4, 9.5, Bonds, P'fonmuaac mnd Payment 7.3.6.4, 9.10.3, 11.3.9, 11.4
9.6.3. 9.3.2. 9.1.3, 9.10.1,9,10.3. 12.1, Building Pemmit 3.7.1
12.2.1,13.5.1, 13.5.2. 14.21, 14.2.4
Architect, LimhtaIons or Authrily and Responsibility 3..3.3, C.PIt4lkation 14
3.12.3, 3.12.11, 4.1.2. 4.21.422L, 4.2-3, 4.2.6 CaprtalezatofSstnifa OP~in ..
4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.3.2 5.2.1, 7.4, 9.4.2, 9.6.4i Certificate of Subsantial Competin 9.61.2
ArchlecrsAddiianalServies ad Expnses 2.4.9.1.2 IP~.6.6,9.7.1, 9..3.3 9.10.1, 9.10.3, 13,7, 14.1.1.3. 14.2.4
Arehitecl's Addifional Services nd Expenses 2.4,9.1.2.i Certifica9s of Inspection, Testing or Approvul3.12,11, 13.s.4
12.2.1. 12 2 112 5 2 13.5.3, 4 .2
2 413
12.2.4, 13.5.2, 13
53.1.1i t Ccaifieates of limnour
eilaes(nuace93240.,1.. 9.3.2, 9.10.2, 11.1.3
Change Orders 1-1.1, 2.4.1. 3.8.2.4, 3.11, 4.2.8, 4.3.3. 5.2.3,
7.J. 7.2. 7.3.2. 1.3.1, 9.3.1.1, 9.10.3, 11.3.1.2.
Architecet Adminiatration of the Contract 4.2. 4.3.6. 11.3.4, 11.3.9, 12.1.2
4.3.7,4.4,9.4, 9.5 Change Order, Definition Or . 7.2.1
Architect's Approvals 2.4,3.5.1,3.10.2, 3.12.6, Changes 7.1
3.12.8, 3.1.3. 4.2.7 CHANGES IN THE WORK 3.11, 4.2.3 7. 8.3.1, 9.3.1.1.
Architect's Authority to Reject Work 3.5.1. 4.2.6, 12.1.2. 10.1.3
12.2.1 Claim, Dellnition or 4.3.1
Archilect's Copyright 1.3 Claims and Dieputee 4.3. 4.4. 4.5, 6 L5. 8.3.2, 9.3.1.2,
Architect's Decisions4.2.6. 4.2-7. 4.2.11, 4.2.12, 4.2.13. 4.3.2. 9.3.3,9.10.4, 10.1.4
4.3.6, 4.4.1. 4.4.4, 4.5, 6.3. 7.3.6. 7.3.3, 8.1.3, 8.3.1. 9.2. Claims end Timely Assertion of Claims 4.5.6
9.4, 9.5.1, 9.8B2. 9.9.1. 10.1.2. 13.5.2, 14.2.2, 14.2.4 ClaIms for Additional Cost 4.3.6, 4.3.7, 4.3.9, 6.1.1. 10:3
Architect's Inspections 4.2.2. 4.2.9, 4.3.6, 9.4.2, 9.1.2, Cbaims for Additional Time 4.3.6, 4.3.3, 4.3.9. 1.3.2
9.9.2, 9.10,1. 13.5
AIA DOCUMENT AlZO G. ENtRAL CONDITIONI OF THE CONTRACT rOt CONSTRUCTION .FOURTEENTH EDITIOd . AIA. C'OPYRtIGIrT J. THE AMERICAN
INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVENUE NW.. WASNINGTON DC t1|0b&I WMKNING u.Ima s vcelmnU S aw _
os adais"FM
hH rswa This bmni"-N ,IO-ftlv pindwad -af Il b
-.. ICISODu Mad AMid w.sdud uk wainha MW zmfi_
Electronic Document Service A201-1987 2 0
Claims for Concmalud or Unknown Conditions 4.3.6 - CONTRACTOR 3
Claimsu for Damaes 3.IS. 4.3.9. 6. 1,6 2.S, t1.2. Cenor. Detinition or 3.1.6.1.2
9.5-1.2.10.1.4 Comnelof Bid 1.1.1
Claim Subjecto Arbitration 4.3.2. 4.4.4.5,1 Contrzecoo Consbucton'Schoduhe 3.10.6.1J
Cleaning Up 3.15 6.3 Canb toes employeas 3.3.2. 3.4.2.3-18.1.3.9. 3.13 4.2.3.
Commencemmnt of Statutory Limitation Period 13-7 4.2.6*.
1.1, 10.2,103. Il.l.l. 14.2.1.1
Contactoft Ubimiy Inturanl 11.1
Commencement of the Work, Conditions Reining to 2,
2.1. OtOf res 214 3.1. . 12.2.5
3.2.1, 3.2.2. 3.71. 3-10.1. 3.12-6, 4.3,7. 5.2.1. 6.2.2 Contractors Rflamtioahlp wilk Subcontractors 1.2.4. 3.3.2.
313.2, 8L2.2, 9.2.11I..3, 11.3.6;1141 3.18.1 3.13.2,S.2.5.3. SA. 9.6-2.11.3.7. 11.33, 14.2.i.
Comnswnement orthic Work, Definition of 81.2 CODUUAIoI's Relationship with the Arehiaee.I .2. 3.-LI. 3.2.2,
CommunIcations Facillating Contract Administration 3.9.1 i *33, 3.5.1, 3.73. 3.11. 3,12.8.3.16. 3.1, 4.2.3. 4.24,
Completion, Conditlons Relatingeto 3. 1. .1
4.2-4, 3.2.1 ~4.2.12, 5.2.6.2.2. 7.3.41 9.5.2, 11.3.7.i.12. 1,I3.5
3.15 4.2:4 5.2.
31.4.2.2. 02.9. Co r'a Represenxaulons 1.2.2, 3.5.1. 3.12.7, 6.2.2,
.1...
4.3.2. 9.4.2. 9.1. 9.9. 1. 9.1I0. 1I1.3.5. 12.2.213.7
COMPLETION, PAYMENTS AND 22 13-7.1 ContrZa2.3Is Responsibility. rer Thorn Performing hea.
Completion, Substantsl 4.2.9,:4.3.5.2, 8.1.1. S.I.3,I .2.3, 9.1: W . 3.1.i.
9.9.1. 12.2.2, 1.
Compliance with Laws 1J, 3.6, 3.7, 3.13, 4.1.1. 10.2.7, ContraorasReteviiwo!Cannet Documents 1.2.2, 3.2.3.7.3
11.1, 11.3, 13.1, 13.5.1, 13.5.2. 13.6, 14.1.1, 14.2.1.3 Confracs Rightuto Stopthc Work 9.7
Cncealed or Unknown Conditions. 4.3.6 Contos Rg o Terminate the Conra - . 14.1
ConditionsoreheConmract 1.1.1 1.1.7 6.f.1
Coanent, Written 1.3.1. 3.12.8, 3.14.2, 4.1.2. 4.3.4. 4.5.5, Conwactoes Submlnals. 3.10. 3.11L.3.12. 4.2.7, 52.1.,S.2.3,
9.3.2. 7.3.6, 9.2, 9.3.1. 9.1.2, 9.9.1. 9.10.2, 9.10.3.
9.s.2, 9.9.1, 9.10.2 9.10.3., 10.1.2, 10.1.3, 11.3.1. 10.1.2.11.4.2,1 1.4.3
11.3.1.4. 11.3.11, 13.2, 13.4.2 Contaetnessupalntendent 3.9, 10.2.6
. CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
Construasion Change Directive, Definition or
Conatruction Chango Dlrocttiv
Nl.4,34,4.2,
173.1
Contractors Supervision and Coanmuctlon Procedures 1.2.4,
3
1.2.21.2.3. 10
3.3,
1.1.1, 4.2.2. 7.1, 7.3, Conlractd Lhbility Insurance 11.1.1.7, 11.2.1
9.3.1.1 Coodination and Courralion 1.22, 1.2.4. 3.3.1, 3.10, 3.12.7,
Construction Schedules, Contactores 3.10, 6.1,3 6.1.3, 6.2.1
Contingnt Assignment of Subcontracta 5.4 Copies Furnished of Drawings nd Specifieations 1.3. 2.2.5,
Continuing Contract Performance 4.3.4 . 3.11
ContACT, DetiitioNof O * 1.2 Correction of Work 2.3. 2.4. 4.2.1. 9.1.2, 9.9.1.
CONTRACT, TERMINATION OR SUSPENSION . . 12.1.2. 12.2, 13.7.13
OFTHE 4.3.7.SA.1.1, 14 . Cast, DellItion of 7.3.6,14.3.5
ContractAdmiisutation 3.3.3, 4,9.4, 9.5 Costs 2.4; 3.2.1, 3.7.4. 3.1.2,3.15,2. 4.3.6. 4.3.7, 4.3.1.1,
Contract Award and Execution, Conditions Relating to 3.7.1, 5.2.3. 6.1.l, 6.2.3. 6.3. 7.3.3.3. 7.3.6, 7.3.7, 9.7, 9.1.2, 9.10.2.
3.10. 5.2, 9.2. 11,1.3. 16 11.4.1 11-3.1.2, 11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 12.2.4,
12.2.5, 13.5. 14
Contact Doeuments, The 1.1. 1.2, 7 Cutting and PatChIng 3.14, 6.2.6
Contract Document, Copies Furnished und Use or 1-3., 2.2.5. Damage to Consruecuon or Owner or Separate
5.3 Contractor . .. 3.14.2.
Contract Documents, Definition of 1.1.1 . 61.4, 9.5. 1.5,10.2.1.2. 10.2.5,10.3, 1.1. I I.1, 12.2.5
Contract Perfannance During Arbitration 4.3.4, 4.5.3 Damage lo he Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3
Conftct Sum 3.1, 4.3.6. 4.3.7, 4.4.4. 5.2.3, 6.1.3, Damages, Caimns for 3.13. 4.3.9, 6.1.1, 6.2.5.
7.2. 7.3. 94., 9.7, 11.3.1. 12.2.4. 12.3. 14.2.4 1.3.2. 9.5.1.2. 10.1.4
Contract Sum, Definition or 9.1 Damages for Delay 6.1.1, 5.3.3.9.5.1.6, 9.7
Contract Time 4.3.6. 4.U1, 4.4.4. 7.2.1.3. 7.3. 8.2. 1. Dale of Commeneen Or the Work, DefinitIon of 1-1.2
3.3.1. 9.7. 12.1.1 Dae of Substanual Conspiction. Definition or 8.1.3
Contract Time, Definition Or 1.1. Day. Definition of - 8.1.4
Decisions of tbe Archilecl 4.2.6. 4.2.7. 4.2.11.
AlA DOCUMENT AI01 . GENEBAL CONDITIO1I OF TIle coNRArt FOR CONSTRUCTION -UOURIWTH EDITION AIA . CGnTRIT 1m7 .1TllE ASKEIrAN
INSTITUTE OF AWHTECTS, 17ii NKW YOR1 AVENUE N W. WAIIIINOTON DC 1W4293 WARMNI Unoed p-wvg..Ia US sm'yn mI id mhS, L.
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4.2.12, 4.2.13, 4.3.2. 4.3.6. 4.4.1, 4.4.4. 4.5. 6.3. Instnructlons 10 tSE Contjrtti3..11 4.2.8, 5.2.1, 7. 2.1. 13.5.2
7.3.6. 713.8, 1.1.3, 1.3.1, 9.2. 9.4, 9.5.1,9.1.2. Insurance 43.9,6.1.1. 73.6.4. 9.3.2.9.8.2. 9-9.1. 9.10.2,11
9.9.1. 10.1.2. 13.5.2, 14.2.2. 14.2.4 Insurance, Boller and Machinery 113.2
Decisions to Withhold Certification 9.5, 9.7, 14.1.1.3 Insurance. Coniractor's Liability. 11.1
Defective or Nonconforming Work. Acceptance. insurance. EfTive Date or 3.2.2, 11.1.2
Rejection and Correction of 2.3. 2.4. 3.5.1. 4.2.1. Inaurance, Lose of Use 113.3
4.2.6. 4.3.5. 9.5.2. 9.3.2. 9.9.1, 10.2.5. 12. 13.7.1.3 inaurance, Ownar'. Liability 11.2
Dfiective Work. Definition of .5.1
3. insurance, Property 10.2.5. 11.3
Definijions 1.1. 21. 3.1.3.5.1, 3.1.1. 3.12.2.3.12.3, Insurance SlOedM Materials 9.3.2. 11.3.1.4
4.1.1, 4.3.1. 5.1. 6.1.2. 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1. 9.8.1 INSURANCE AND BONDS 1
Delays and Extensions of TIms 4.3.1. 4.3.8.1 4.3.8.2
6.1.1, 6.2.3. 7.2.1. 7.3.1, 7.1-4, 7.3.5, 7.3.3.
73>;LIl~3i'3**571334 Oncurance Compaies, onsen to Prtia
Occupancym eonelePa 9.9.1. 11.3.11
Dlspute 4. 1.4, 4.3, 7.4,4,SC3.9. 10.3.1, 14.1.1.4
3.3,
S. insurance Companies, Settlement with- 11.3.10
Docpumens Samples
4nd 4.4. 4.5. 6.2.5, 6.3. 7.3.11. 9.3.1.2 intent or dhp Conflact Documents 1.2.3. 3.12.4.
Documengs nd Slampls t the Site 3.11 4.2.6, 4.2,7. 4.2.12. 4.2.13. 7.4
Dawings. Definition or I. 1.
I.Srt136
Drawings and Specifications, Use and Owncrship O. l.l, 1.3, Intrprtation 12.5 14.1.5.4.1.1,4.3.1, 5.16.1.23.1.
2.2.5i, 3.11, 3-3 Interpreabtions W1.5. 125, 4.1.1. 4.3.1,.1.4.6.1.2,41.1.4
Duly to Review Contract Documents and Field Conditions3.2 Inlerpretations. Wrineu.'- . : 4.2.11, 4.2.12, 4.3.7
Effective Dute of Insurance ,6 3.2.2, 11.1.2 -Joinder mnd Coasolidation or Claims Required 4.5.6
emergencias 4.37,10.3 Judgmant on Final Award 4.5.1, 4.5.4.1. 4.5.7
Employees, Contractoes 3.3.2...3.4.2. L 1, 3.9, 3.18.1. Labor and Matrlali, EquIpment 1.13. 1.14 3.4, 3.5.1.
3.11.2, 4.2.3, 4.2.6, 8.1.2, 10.2, 10.3, 11.1.1, 14.2.1.1 . - 3.1.2.
Equipment. Labor, Materials and 1.1.3, 1.1.6, 3.4, 3.5. 1. 3.12.2. 3.12.3, 3.12.7, 3.12.11, 3.13,3.15 1.
3.13.2, 3.12.3, 3.12.7, 3:12.11. 3.13, 3.1S.1, 4.2-7, 4.2.7, 6.2.1, 7.3.6, 93.2, 9.3.3, 12.2.4, 14
6-2.1. 7.3.6. 9.3.2, 93.3. 11.3, 12.2.4. 14 Labor Disputes 3.3.1
Execution and Progress Of the Work 1.1.3, 1.2.3. 3.2, 3.4.1. Laws and Regulations 1.3, 3.6. 3.7, 3.13. 4.1.1, 4.5.5
35.1, 4.2.2. 4.2.3. 4.3.4. 4.3.1.6.2.2.7.1.3, 4.5.7,9.9.1,10.2.2.11.1, 11.3,13.1, 13.4, 13.5.1. 13.5.2, 13.6
7.3.9, 8.2. 8SJ, 9.5, 9.9.1, 10.2, 14.2, 14:3 Licns 2;1.2, 4.3.2,4.J.5.1. 3.2.2, 9.33, 9.10.2
Execution, Correlation and Intent of the Limitation on Consolidatlon or Joinder 4.5.5
Contract Documents 1.2, 3.7.1. Limitations, Stavutes of 4.5.4,2, 122,6, 13.7
Extensions of Time 4.3.1, 4.3.8, 7.2.1.3,S .3. 10.3.1 LimitatIons orAutborhy 3.3.1,4.1.2,4.2.1.
Contractor
Failure of Payment 9.5.13, 14.2.1.24.2.3,
by 4.2.7, 4.2.10. 5.2.2. 5.2.4. 7.4. 11.3.1 0
by CoLimiatios
Failureof Payment orLuablity 2.3,.2.13.5.,34732312.3
Failure of Payment by Owner 4.3.7. 9.7. 14.1.3 Limitt4o.3s or Liability 2 3.2.1, 3;52;, 7 3 1.12- 1
Faulty Work (See Defective or Nonconfonning Work) 3.12.11,
Final Comnpletion mnd Final Payment 4.2.11,41.2.9, 4.3.2, 3.17, 3.11. 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4. 9.10.4,
4.3.55 9.10 11 1.2, 11.1.3, 11.34. 12.3.1, 13.7 10.1.4, 102.5, 11.1.. 11.2.1, 11.3.7, 13.4.2, 13.5.2
Financial Arrangements, Owncers 2.2.1 Limitations o1 Timke. General 2.2.1, 2.2,4, 3.2.1. 3.7.3,
Fire and Exkended Coverage Insurance 11.3 3.3.2, 3.10, 3.12.5. 3.15.1; 42.1. 4.2.7, 4.2.11. 4.3.2,
43.3, 4.3.4, 4.3.6, 4.3.9, 4.5.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4,
GENERAL PROVISIONS 1 7.4.
Goveming Law 13.1 3.2, 9.5, 9.6.2, 9.1, 9.9, 9.10, 11.1.3, 11.3.1, 11.3.2, 11.3.5,
Guarantees (See Warranty and Warranties) 111.3.6. 12.2.1, 12.2.21 13.5. 13.7
Hazardous Materias 10.1, 10.2.4 Limitations orTime, Specific '2.1.2, 2.2.1, 2.4, 3.10. 3.11,
aa3.15.1,4.2.1, 4.2.11, 4.3. 4.4. 4.5, 5.3, 5.4, 713.5, 7.3.9,
Identification or Contract Documents 1.2.1 1.2, 9.2, 9.2.1 9.3.3, 9.4.1, 9.6.1,9.7, 9.8.2, 9.10.2, 1.1.1.3
Identilication of Subcontracors and Suppliers 5.2.1 11.3.6. 11.3I10, 11.3.11, 12.2.2. 12.2.4, 12.2.6, 13.7,14
Indemnilflcatlon 3.17, 3.11. 9.10.2, 10.1.4, 11.3.1.2, 11.3.7 Lose of Us. Insurane 11.3.3
Information and Services Required of the Owner2.1.2.
2.2,
4.3.4, 6.1.3. 6. 1.4, 6.2.6, 9.3.2. 9.6.1, 9.6.4. 9.3.3, 9.9.2. Material Suppliers 1.3.1, 1.12.1, 4.2.4, 4.2.6, 5.2.1,
9.10.3. 10.1.4, 11.2, 11.3, 11.5.1, 13.5.2 9.3.1,9.3.1.2.9.3.3.9.4.2. 9.6.5, 9.10.4
Injury or Damage to Person or Property 4.34 Materials, Hazardous 10.1, 10.2.4
Inspections 3.3-3. 3.3.4, 3.7.1. 4.2.2 Materials, Labor. Equipment andl.J.3, 1.1.6. 3.4. 3.5.1, 3.8.2.
4.2 6. 4129,4.3.6, 9.4.2,9.5.2. 9.9.2. 9.10.1. 1335 3.I2.2. 3.12.3; 3.12.7,3.1L11.3.13. 3.15.1,4.2.7, 6.2.1.
Instructions lo [lidders 1.1 1 7.3.6. 913.2. 9.3.3, 12.2.4. 14
Al^ OOCUbIENT AiM . GENEiAL CONDITIONS OF MiE CONTRArT roR CONSTRUCTION FOUaTEIuET EDITION * AIA . COPYRIiHT 1 Tile AMIRICA-N
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Means. Methods. Techniques Sequences and Partial Occupancy or Usa 9..6. 9.9. 11.3.11
Procedures erConstruction 3.3.1. 42.3, 4.2.17 0.4.2 Patching. Cutting and 3.14.6.2.6
M11inor Changes In the Work 1.1. 1. 4.2.1, 4.1.7. 7.1. 7.4 Patanta, Royalties and 3.17
MISCELLANEOUS PROVISIONS 13 Payment, Applications for 4.2.5. 9.2. 93; 9.4,
Modifications, Dafinition or - i.t.. . 9.5.1, 9.13. 9.10.1. 9.10.3. 9.10.4. 14.2.4
Modifications ta the Contract 1.1.1, I .L2 3.7.3. 3.1 1. Payment, Certlfloatus for 4.2.5. 41Z.9, 9.3,. 9.4. 9.5.
4.1.2.4.2.1. 5.2.3. 7. 13.1.9.7 t.7.1. 9.g.3, 9.10.1 9.10.3. 13.7.14.I.1.3. 14.2.4
9.6.1, 9.6.6,
Mutual Responsibillty 6.2 Paymant. Failure of . 4.3.7.,9.5.1., 9.7.
Nonconfornlng Work, Naneonf~~~rmin«
Accaptance of. g0W~~~rR~~ei~ieieep~~~neof
- 12.3
IW aietFia42.,42943.43.910112
Nonconforming Work, Rejection and Correction of 910.2, 14.1.1j3; 14.2.12
2.3.1, amn.Fmt 421429,4324..91.1..
Notice. 2.3. 2.4. 3.2.1, 3.2.2.3.7.3i, 3. 124 3713
, ~
-9,3.12.8,~ ~
Payment Bond, ~~~~~1... Bond and 7.3.6.4. 9.10.3.
Performance ZS 2..
3.12.9, 3.1 7.4.3, 4.4.4. 4.5. 5.2.15, 5.3, 5.4.1.1. 1.2.2. 9.1.1,Pors ... 93 .. 913 .0.1..,1.
9.5.1. 9.6.1. 9.7. 9. 0. 10.1 .2. 10.2.6, 11.13. 11.3, 12.212,,
i ayments P re4 4.3.. 9.3, 9.6. 9.8., 9.10.3. 116 42.3
12.2.4, 13.3, 13.5.1,134.2, 14. PAYMENTS AND COMPLETION 9. 14
Notice, Written 2.3. 2.4. 3.9.3. r2.1. 3.12.9, 4.3. PamnoSubcontractors 5429513
92 9.6]. . 3 .2.9S 2
4.4.4, 4.5. 5.2.1, 5.3. 5.4.1.1. 3.2.2, 9.4.1, 9.7. 9.910, 3 .61.1.2
10.1.2. 10.2.6,11.1.3. 11.3, 12.2.2.12.2.4. 13.3, 13.5.2, 14 Pe m Bond d Pye Baud 7.36°i
NolicceoTesting and Inspections 13.51.1,3.5.2 9.10.3 11.3.9, 11.4
Notice to Proceed F.2. -Pennits, Fees and Notlc s2.2.3.3;7, 3.13, 7.3.6.4. 10.2.2
Notices. Permits. Fuss and 2.2.3, 3.7. 3.13. 7.3.6.4,L
On12 PERSONS AND PROPERTY. PROTECTION OF to
Observations Airchitect's On-Site 4.2.2, 4.23 Polychlorinated.Biphenyl .101
4.3.6, 9.42 n9.1. 9.10.1, 13n 5 Product Dta. D1ofrmiton of 3.12.2
Observ aions. Contctors 1.2.2 3.2.2 Product Data and Samples. Shop Drawlngsi.11. 3.12.
Occupancy 9.6.6, 9.8.1, 9.9, 11-3114.7
On-Site Inspections by the Architect 4.2.2,4.2.9, 4.3i6 Progress and Completion 4.2.2, 4.3.4,8.2
9A4.2. 9.3.2,9.9.2, 9.19L Progress Paymnents 4.3A4. 9.3w
On-Site Observations by. the Architect 4.2.2, 4.25.4.3.6o 9.6. 9.8.3, 9.10.3, 13.6. 14.2.3
9.4.2, 9.5.1, 9.10.1. 13.5 Project, Definition of ftheI
Orders, Written 2.3. 3.9, 4.3.7. 7.32.2, 11.3.9., 12.1 Project Manual, Definition of the 2.1.7
OWNER Project Representalives 4.210
Owner, DefinItIon of 21 Property insurance I 0.2.5- 11.3
Owner, Infcmiutlon and Senutcss Raquired of 2.1 PROTECTION OF PERSONS AND PROPERTY 10
thn. 2.1.2, Regulations and Laws 1-3, 3.61.3.7. 3.13. 4.1.1. 4.5,5
2.2.4.3.4,6,9. 10.1.4. 11., 11.3, 13.5.1, 14.1.1.5, 14.1.3 4.5.7, 10.2.2. 11.1, 11.3. 13.1. 13.4, 13.5.1. 135.2, 13.6. 14
Owners Authority -3.8.1, 4.1l3, 4..9, 5.2.1, 5.2.4, 5.4.1, Rejection orwork - 3.5.1. 4.2.6, 12.2
7.3.1, 1.2.2, 9.3.1. 9.3.2. 11.4.1. 12.2.4. 13.5.2, 14.2, 143.1 Releases or waivers and Liens . 9.10.2
Owners Financial Capability 2.2.1, 14.1.1.5 Representatlons 1.2.2. 3.5.1. 3.12.7. 6.2.2, 1.2.1, 9.3.3,
Owner's Liability Insurance 11.2 9.4.2, 9.5.1 9." 2,9.10.1
Owners Loss ofUse Insurance 11.3.3 Rzpicsentaaives 2.1.1. 3.1.1, 3.9, 4.1. 1,
Owners Relationship with Subcontraetors 1.1.2, 5.2.1, 5.4.1, 4.2.1, 4.2.10, 5.1.1. 5.1.2, 13.2.1
9.6.4 Rasolution of Clilms and Dlsputes 4.4. 4.3
Owners Right to Carry Out the Work 2.4, 12.2.4, 14.2122 ResponsibilIty or Those Performing the Work 3.3.2, 4.2.3,
Owner' Right to Clean Up 6.3 6.1.3, 6.2., 10
Owner's Right to Perform Construction and to Award Retainage 9.3.1. 9.6.2. 9.1.3, 9.9.1, 9.10.2, 9.10.3
Separate Contracts 6.1 RevIew or Contract Documents and Field Conditions
Ownares Right to Stop tha Work 2.3. 4.3.7 by Contractor 1.2.2. 3;2. 3.7.3. 3.12.7
Owner's Right to Suspend the Work 14.3 Review or Contractors Subuittals by Owner and
Owners Right to Terminate the Contract 14.2 Architect 3. 10.1. 3.10.2, 3.11. 3.12,
Ownership and Use of Architect's Drawings,. 4.2.7. 4.2.9. 5.2.1. 5.2.3, 9.2, 9.3.2
Specileamtons and Other Documents 1.1.1. 1.3, 2.2.5, ReviewarShop Drawings, Product Data and Samples by
5.3 Contractor -. 3.12.5
Rights and Remedies 1.1.2. 2.3. 2.4. 3.5.1. 3.15.2.
AIA DOCUuerT ARCH* GENERAL CONDITIONS or THIE CONVRACT Pon CONSTRTacION FOUIRTEENTII EIITION
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4.2.6. 4.3.6, 4.5. 5.3. 6.1, 63. 7.3. 1.3.1. 9.5.1. 9.7. 1023.S. Suspenson ortthe Wark 4.3.7, 5.4.2, 14.1.1.4, 14.3
10.3. 121.2. 12.2.4. 13.4. 14 Suspension orTurminsikin of the Conuact 4.3.7. 5.4.1.1. 14
Royalties and Patents 3.17
Rules and Notices for Arbitration 4.512 Tes 3.6, 7.3.Tx4
Terrnlrallon by the Contractor 14.1
Termination by Ihe Owner for Cause 5.4.1.1. 14.2
Safety of Persons and Property 10.2 Termlnastlon of the Archiect 4.1.3
Safety Precautions and Program. 4.2.3,4.2.7, 10.1 Teurinaction ar~tciostracor 14.2.2
Sompies. Definition or 3-12-3 TERMIINATION OR SUSPENSION OF THE
Samples, Shop Drawings. Product Data and3.1i. 3.12, CoNT cT - 14
4.2.7 Tests and Insectlonsi.3.3. 4.2.4. 4.2.9, 9.4.2, 12.2,1. 13.5
Samples at the Site. Documents and 3.11 TIME I
Schedule of Vslues 9.2. 9.3.1 Time. Delays and Extenrlons of 43., 7.2.1. 8.3
Schedules. Construction - 3. ro Tin.Limbs. Specific 2.1.2, 2.2.1. 2.4 3.10; 3.11, 3.15.1,
Separate Contracts and Contractors 1.1.4, 3.14.2, 4.2.4, 4.2.1, 4.2.11. 43, 4.4. 4.5. 5.3, 5.4. 7.3;5, 7.3.9. 1.2, 9.2.
4..5.36. 11.3.7, 12.1.2, 12.2.5 9.3.1.
Shop Drawings, Dcfinition of 3.12.1 9.33. 9.4.1, 9A.1,9.1, 9.1.2. 9.10Q2. 11.1.3. 11.3.6. 11.3i.10,
Shop Drawings. Product Data und Bamplee2.11. 3.12, 11.3.11, 12.2.2. 12.2.4. 12.2.6, 13.7. 14
4.2.7 TIme Limnt on Calme 4.3.Z, 4.3.3, 4J.6.4.3.9. 4.4, 44
Situ, Use of 3.13, 6.1.1, 6.2.1 Tisle so Work 9.3.2, 9.3.3
Site Inspections 1.2.2. 3.3.4. 4.2.2, 4.2.9,
4.3.lii,9.1.2. 9.10.1, 13.5 UNCOVERING AND CORRECT1OI4 OF WORK 12
Site Visits, Architect's 4.2.2, 4.2.5, 4.2.9. 4.346 Uncovrin g2 Woh 12.1
9.4.2, 9.51. 9.U.2. 9.9.2. 9.101.l 13.5 Una.esring .1 ork436.131.1.
Spacial Inspections sad Tcsting 4.2.6, 12.2.1, 13,5 Unforee . . 31 10.1
Specifications.
efinition.o.1.heUsir Pricem 7.1.4, 7.3.3.2
Specifications,Spec~~fications, 1 1.1.7h.
Dfninhe 1.1.1. t 1o 1.ug1of7,
The 11 1.1.6. Use of Documents 1.1.1 [.3,2.2.5. 12.7.5.3
1.2.41, 61.31.3.11
Statute of Limitations 4.5.42,12.2.6, 13.7 UseofSite 3.13,6.1.1,6.2.1
Stopping the Work 2.3.4.3.7.9.7, 10.1.2, 10:3, 14,I
Stored Materials 6.2.1, 9.3.2,10.2.1.2, 11.3.1.4,12.2.4 Values. Schedule of 92.9.3.1
Subcontractor, Definitionof 5.1.1
SUBCONTRACTORS 5 Waiver oi Claims: Final Payment 4.3.5, 4.5.1,9.10.3
Subconraciors, Work by 1.2.4, 3.3.2, 3.12.1, 4.2.3, 5.3. 5.4 Waiver of Claims by the Architect 13.4.2
Subeontraobsl Relation 5.3. 5.4, 9.3.1.2, 9.6.2, WaiverofClalms by s* Contracior 9.10.4, 11.3.7,13.4.2
9.6.3. 9.6.4, 10.2.1, 11.3.7, 11.3.8, 14.1.1, 14.2.1.2, 14.32 Wuiver orCiaa by the Owner 4.3.5, 4.5.1. 9.9.3.
Submittals 1.3, 3.23, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2J, 9.10.3, 11.3.3, 11.3.S. 11.3.7. 13.412
7.3.6, 9:2, 9.3.1, 9.5.2, 9.9.15 9.10.2, 9.10.3, 10.1.2, 11.1.3 Waiver orLIens 9.1D.2
Subrogation, Waivers of 6.1-.1. 1.3I±,11.3.7 Waivers orSubrmtlon 6.1.1 11.3.5,113.7
Substantial Complebion 4.2.9. 4.3.5.2, 1.1.1, 1.1.3, Warranty and Warranties 3.5, 4.2.9,
8.2.3, 9.8, 9.9.1. 12.2.1, 12.2.2. 13.7 4.3.5.3, 9.3. ,9.1.2, 9.9.1, 121.2.2, 13.7.1.3
Substantial CompletIon, Definition of 9.8.1 Weather pelays . .4.3.8.2
Substitudion of Subcontractors 5.2.3, 5.2.4 When Arbitration May S* Demanded 4.5.4
Substitution of the ArchiLect 4,1,3 Work, Derilisin of 1.1.3
Substilutions orMaterials 3.5.1 Written consent 1.3.1, 3.12.1, 3.14.2. 4.1.2, 4.3.4.
Sub-subcontractor, Definition of 5.1.2 4.5.5. 9.3.2. 9.3.2. 9.9.1. 9.10.2, 9.10.3, 10.12, 10.1.3
SubsurfaceCondiions . 4.3.6 11.3,1. 11.3.1.4. 11.3.11, 13.2, 13.4.2
Successonr and AssIgns 13.2 Written Interpretalons 4.2.11. 4.2.12, 4.3.7
Superintendent . 3.9,10.2.6 Written Naotle 2.3. 2.4. 3.9. 3.12.3, 2.12.9. 4-3 4.4.4,
SupervIsion and ConstructIon Procedures 1.2.4, 3.3. 495. 5.2. 1 5J., 5.4.1.1. 1.2.2. 9.4.1. 9.5.1. 9.7, 9. 0. 10.1.2,
3.4, 10.2.6, 11.1.3, 11.3, 12.2.2, 12.2.4, 13.3, 13.5.2. 14
4.2.3. 4.3.4, 6.1.3, 6.2.4, 7.1.3. 7.3.4. 3.2. 8.3.1. 10, 12, 14 Written Orders 2.3, 3.9. 4.3.7,
Surety 4.4.1. 4.4.4.5.4.1.2. 9.10.2,9.10.3, 14.2.2 7.1.2.2. 11.3.9. 12.1. 12.2, 13.5:2 14.3.1
Surely, Consent or 9.9.1, 9.10.2. 9.10.3
Surveys 2.2.2, 3.11.3
Suspension by the Owner for Convenience 14.3
AIA DOCUMENT ASOI . GONERAL CONDITIONS OF TrII CONTEACT FOR CONITRUCTION *FOURTENTH EDITION . AA . COPVEIGHT 111? THE A&MICAN
.
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GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
ARTICLE I the Contract intended to facilitate perfornance of the
GENERAL PROVISIONS Archiwtas duties.
1.1 BASIC DEFINITIONS 1.1.3 THE WORK
1.1.1 THE CONTRACT DOCUMENTS The term "Work means the construction and
services required by the Contract Documents,
The Contract Documents consist of the Agreement . whether completed or -partially- completed. and
between Ownermand Contractor (hereinafter Ihe includes all other labor, materials, equipment amd
Agreement). Conditions of the Contrast (General, services provided or to be provided by the Contractor
Supplementary and other Conditions). Drawings, to fulfill the Contractor's obligatlons The Work may
Specifications, addenda issued prior, to execution of constitute the whole-or a part of he Project.
the Contract, other documents listed In the
Agreement and Modifications issued after execution 1.1.4 THE PROJECT
of the Contract. A Modification Is (I) a written
amendment to the Contract signed by both panics, The Project is the total construction of whiCh the
(2) a Change Order, (3) mConstruction Change Work performed under the Contrcl Documents may
Directive or (4) a written order for a minor change in be the whole or a part and which may include
the Work issued by the Architect Unless apecificaily construction by the Owner or by separate contractors.
enumerated in the Agrcement, the Contract 1.1 THEDRAWINGS
Documents do not include other documents such 1 E
bidding requirements (advertisement or invitation to The Drawings are the graphic and pictorial portions
bid, Instructions to Biddcrs,.samplc forms, the of the Contract Documents, wherever located and
Contractors bid pr portions of addenda relting to whenever issued, showing the design, location and
bidding requirecments). . - dimensions of the Work, geneally including plans,
1.1.2 THE CONTR2ACT elevations, sections, details, schedules and diagrams.
The Contract Documents form-the Contract for 1.1. THNE SP>ECIOICATIONS
Construction. The Contract represents the entire and The Specifications are chat portion of the Contract
integrated agreement between the parties hereto and Documents consisting of the written requirernits for
supersedes prior negotiations, representations or materials; equipment, construction systems, standards
agreements, either written or oral. The Contract may and workmanship for the Workc and ponnance of
be amended or modified only by a Modification. The related services.
Contract Documents shall not be construed to create
a contractual relationship of any kind (1) between the 1.1.7 THE PROJECT MANUAL
Architect and Contractor, (2) between the Owner and
a Subcontractor or Sub-subcontractor or (3) between The Project Manual is the volume usually assembled
any persons or entitles other than the Owner and for the Work which may include the bidding
Contractor. The Architect shall, however, be entilled requirements, sample rorms, Conditions or the
to performance and enforcement of obligations under Contract and SpecifilcationsL
AIA DOCUMENT All . GENER^L CONDITIONS OF ThE CONTRACT ?oi CONETaUCTJON* FO-UTEKEHN
ICITION *AlA . (0W RIGHT IU7 . THE AMERICAN
INSTITUTI OF ARCIOTECFS. 1IT) NEW YORKE
AWEi1 NW. WASMINOTONO r ucini2n WARNING Lh6Shnd aP'rle nUS pv'ml In aih
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Architect, and unless otherwise indicated the
1.2 EXECUTION, CORRELATION AND INTENT Architect shall be deemed the author of them and will
retain all common law, statutory and other reserved
1.2.1 The Contract Documents shall be signed by lhe rights, in addition to the copyright- All copies or
Owner and Contractor as provided in the Agreement. them, except the Contractor's record set, shall be
If either the Owner or Contractor or both do not sign returned or suitably accounted for to the Architect,
all the Contract Documents, the Architect shall bon request, upon. completion of the Work; The
identify such unsigned Documents upon request Drawings, Specifications and other documents
1.2.2 Execution of the Contract by the Contractor is prepared by the Architect, and copies thereof
a representation that the Contractor has visited the furnished to the Contractor, are for use solely with
site. become familiar with local conditions under respect to this Project They are nor to be used by the
which the Work is to be performed and correlated. Contractor or any Subcontractor, Sub-subcontractor
personal observations with requirements of the or material or equipment supplieron other projcts or
Contract Documents. for additions to this Project outside the spope of the
Work without the specific written consent of the
1.2.3 The intenitof the Contract Docurnents is'to: Owner and Architect The Contractor,
include all items hecessary for the proper execution Subcontractors, Sub-subcontractors and material or
and completion of the Work by the Contractor. The equipment suppliers are granted .a limited license to
Contract Documents are complementary. and what is useand reproduce applicable portions of rthe
required by one shall be as binding as if required by Drawhrgs,.Specificalons an other documents
all; performance by the Contractor shall be required prepared by the Architect appropriate to and for use
only to the extent consistent with the Contract in the execution of their Work under the Contract
Documents and reasonably inferlble from themes Documents. All copies made under this license shall
being necessary to produce the intended results. bear the statutory copyright notice, if any, shown on
1.2.4 Organization of the Specifications lnto the Drawings, Specifications and other documents
divisions, sections and articles, and arrangement of prepared by the Architect. Submittal or distribution
Drawings shall not control the Coniractor in dividing tomeet official regulatory requirements or for other
the Work among Subcontractors or in establishing purposes in.connection with this Project Is not to be
the extent of Work to be performed by any trade. - construed as publication in derogation of the
1.2.5 Unless otherwise stated in the Contract Architect's copyright or ote reeved rights.
Documents, words which have well-known technical 1.4 CAPITALIZATION
or construction industry meanings are used lx the
Contract Documents in accordance with such 1.4.1 Terms capitalized in these General Conditions
recognized meanings, include those which are (1) specifically defined, (2)
the .titles of numbered articles and identified
1.3 OWNERSHIP AND USE OFPARCHITECrS references to Paragraphs, Subparagraphs and Clauses
DRAWINGS, SPECIFICATIONS AND in the document or (3) the titles of other documents
OTHER DOCUMENTS published by the American Institute of Architects.
1.3.1 The Drawings, Specifications and other 1.6 INTERPRETATION
documents prepared by the Architect are instruments
of the Architect's service through which the Work to 1.6.1 In the interest of brevity the Contract
be executed by the Contractor is described. The Documents frequently omit modifying words such as
Contractor may retain one contract record set. "all" and "any' and articles iuch as Nhe' and 'an,"
Neithef the Contractor nor any Subcontractor, Sub- but the fact that a modifier or an article Is absent
subcontractor or material or equipment supplier shall from one statement and appears In another is not
own or claim a copyright in the Drawings, intended to affect the interpretation of either
Specifications and other documents prepared by the statement.
AlA DOCuMENT A20M . GENE-ELL CONDITIONIS OF TIlE fONTRACT FOE CONSIRUCTION..- PJUIEE1TINl EDITION . AIA . COPYRIOHT lol . rilE AUMMICAN
INSTITUTE OF ARCHITECTS, 1?1 NEW YORE AVEUWS W.WASHINGTON D C 1005h2V3 WARNING Usis-adphamn pnQjl,
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ARTICLEOWNER
2 ~~~~~~2.2.4 Informali:n furnished byund er Owner with
control shall be or services the the Owner's
OWNER . reasonable promptness to avoid delay in orderly
progress oa Work.
bhe
2.1 DEFINITION ' 2.2.6 Unless otherwise provided In the Contract
2.1.1 The Owner is the person or enudy identified as' Documents, the Contractor will be furnished. free or
such in the Agreement and is referred to throughout charge, such copies of Drwings and Project Manuals
the Contract Documents as If singular in number. as are reasonably nacessm for execution of the
are
The term "Owner" means the Owner or the Owner's
authorized representative. 2.2.6 The foregoing are In addition to other-duties
2.1.2 The Owvner upon reasonable written reqyesl
2.12 upn rasoabl, wittn rqqet,
Te Oner and responsibilities of the Owner-enumerated herein
and especially those in respect to Article 6
shall furnish to the Contswtor in writing Information (nstrcionly one
. - . .. .
which is necessary and relevant _ the Contractor to
for ~~~~~~(Construction by Owner or by Separt and Article II
by Sepuabt
Contrat )
Article 9 (Payments and Completion) Contractors),
evaluate, give notice of or enforce mechanic's lien
rights. Such Information shall-include a correct
(Insuranee ad Bonds).
statement of the record legal tide to 'the property on
2.3 OWNER'S RIGHT TO SOP THE WORK
which the Project is located, usually referred to as the ;
site, and the Owner's Interest therein at the time of
2.3.1 Irthe Contractor Uila-correct Work which is
to
execution of the Agreement and, within five days
not in accordance with -the requirements -of the
after any change, information of such change in title,
Contract Documents as required by Paragraph 12.2 or
recorded or unrecorded. persistently fails to carry out Work in accordance
with the Contract Documents, the Owner, by written
2.2 INF ORMATON AND SERVICES order signed personally or by e agent specifically so
REQUIREDTHE
OF OWNER empowered by the Owner In writing, may order the
2.2.1 The Owner shall, at the request- altke Contractor to stop the Work, or any portion thereof,
2.2.1 Thprior to executioa of the Agreement and until the cause for such order has been eliminated;
Contractor, pro oeauo fteAreetad however, the right of the Ownecr to stop the Work
promptly from time to time thereafter. furnish to the shall not give rise to a duty on the put of the Owner
Contractor reasonable evidence that financial
arrangements have been made'to fulfill the Owners - to exercise this right forth. benefit of the Contractor
obligations under the Contract. (Note: Units: such or any other person or entity, excepi to the extent
reasonable evidence werefinfashed on request prior reculred by Subparagmpl 6.12.
*ohe ecxecution of the Agreeent, the prospeclive 2.4 OWNER'S RIGHT TO CARRY OUT THE
conractior would nor be required to execute the WORK
Agreement or to commence the Wort.]
2.2.2 The -Owner shall furnish surveys describing 2.4.1 If the Contractor defaults or neglects to carry
physical characteristics, legal limitations and utility out the Work in accordance with the Contract
locations for the site of the Project, and a legal Documents and fails within-a soen-day period after
description ofthe site, receipt of written notice from the Owner to
commence and continue correction of such default or
2.2.3 Except for permits and fees which are the neglect with diligence and promptness, the Owner
responsibility of the Contractor under the Contract may after such sevenday period give the Contractor
Documents, the Owner shall secure and pay for a second written notice to correct such deficiencies
necessary approvals, casements, mSsessmtenhm and within a second seven-day period. If the Contractor
charges required for construction, use or occupancy within such second seven-day period after receipt of
of permanent structures or for permanent changes in such second notice fails to commence and continue to
existing racilities. - correct any deficiencies, the Owner may, without
..- ~
_. . - . .- ..... -........................ I
, . . . _-
AlA DOCUMENT -ANl I * OENERAL CONDITIDNS OF THf CONThACT FOR CONSTRUCTION . FOURTAENT1I EflO>l - lAA. COUYKIGIIT 11.71111 AMEMICAN
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prejudice to other remedies the Owner may have, 3.2.2 The Coniractor shall take field measurements
correct such deficiencies. In such case an and verify field conditions and shall carefully
appropriate Change Order shall be -issued deducting compare such field measurements and conditions and
from payments Ihen or thereafter due the Contractor other information known to the. Contractor with the'
the cost of correcting such deficiencies, including Contract Documents before commencing activities.
compensation for the Architect's additional services Errors, inconsistencies or omissions discovered shall -
and expenses made necessary by such default, be reported to the Architect at once.
neglect or failure. Such action by the Owner and~ 3.2.3 The Contractor shall perform the Work in
amounts charged to the Contractor are both subject to accordance with the Contract Documents and
prior approval of the Architect, If payments then or submittals approved pursuant to Paragraph 3.12.
thereifter due the Contractor are not sufficient to
cover such amounts, the Contractor shall pay the - 3.3 SUPERVISIO 1 AND CONSTRUCTION
difference to the Owner. PROCEDURES
ARTICLE 3 3.3.1 The Contractor shall supervise and direct the
CONTRACTOR Work, using the Contractors best skill and attention
The Contractor shall be solely responsible for and
3.1 DEFINITION have control over constructlon means, methods,
techniques, sequences. and proceduresand for
3.1.1 The Contractor is the person or entity coordiiatling all portions ofithe Work under the
identified as such in the Agreement and is referred to Contract, unless Contract Documents give other
throughout the Contract Documents as if singular In- specific instructions concerning these matters.
number. The term "Contractor" means the
Contractor or the Contractor's authorized 3.3.2 The Contractor- shall be responsible to the
representative. Owner for acts and omissions of the Contractor's
employees. Subcontractors and their agents and
3.2 REVIEW OF CONTRACT DOCUMENTS AND employees, and other-persons performing portions of
FIELD CONDITIONS BY CONTRACTOR the-Work under acontract with the Contraetor.
3.3.3 The Contractor shall not be relieved of
3.2.1 The Contractor shall carefully study and
compare the Contract Documents with each other nd obligations to performing the Work in accordance
c awith the Contract Documents either by activities or
with information furnished by the Owner pursuant to duties of the Architect in the Architect's
Subparagraph 2.2.'and shall it once report to the administration of the Contract, or by tests,
Architect errors, inconsistencies or omissions i
discovered. The Contractor shall not be liable to the inspections or approvals required or performed by
Owner or Architect for damage resulting from errors, persons other Xtan the Contractor.
inconsistencies or omissions in the Contract 3.3.4 The Contractor shall be responsible for
Documents unless the Contractor recognized such inspection of portions of Work already performed
error, inconsistency or omission and knowingly under this Contract to determine that such portions
railed to report it to the Architect. If the Contractor are in proper condition to receive subsequent Work.
performs any construction activity knowing It
involves a recognized error, inconsistency or 3.4 LABOR AND MATERIALS
omission in the Contract Documents without such
notice to the Architect, the Contractor shall assume 3.4.1 Unless otherwise provided in the Contract
appropriate responsibility for such performance and - Documents, the Contractor shall provid* and pay for
shall bear an appropriate amount of the attributabce labor, materials, equipment, tools, construction
costs Forcorrectionp equipment and machinery, water, heat, utilities,
transportation, and other facilities and services
necessary for proper execution and completion of the
AIA DOCULMENT A9l1 - cENERAL CONttTIONS OF THE CONTEACT FOR CONSThUCTiON * FCURMENTH EITION . AlA . CvtYRIciiT 171- THiE A1tRICAN
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Work, whether temporary or permanent and whether of the Contrat and which are legally required when
or not incorporated or to be incorporated in rhe bids ae received or negotiations concluded.
Work. 3.7.2 The Contractor shall comply with and give
3.4.2 The Contractor shall enforce strict discipline notices required by laws, ordinances, rules.
and good order among the Contractor's employees regulations and lawful orders, of public authorities
and other persons carrying out the Contract. The bearing on performance of the Work.
Contractor shall not permit employment of unfitl 3.73 It is not the Contrmctor's responsibility to
persons or persons not skilled in tasks assigned to ascertainita: the Contract Documrents are in
them. accordance with applicable laws, statutes, ordinances,
3.6 WARRANTY building codes, and rules and regulations. However,.
ifrthe Contractor observes that portions of the
3.6.1 The Contractor warrants to the Owner and Contract D~cumsnts re at- variance therewith, the
Architect that materials and equipment furnished Contractor shall promptly notify the Architect and
under the Contract will be of good quality and new -Owner in writing, and necessary. changes shall be
unless otherwise required or permitted by- the accomplishedby pproprieModification
Contract Documents, that the Work will be free from 3.7.4 If the Contractor performs Work knowing it to
defects not inherent in the quality required or be contrary to laws, statutes, qrdinances, building
permitted,. and that the. Work will conform with the codes; and rules and tegulations withoutcsuch notice
requirements of the Contract Documents. Work not to the Architect and Owneri-the Contractor shall-
conforming to these requirements, Including assume full responsibility for such Work and shall
substitutions not properly approved and authorized, bear the attributable costs.
may be considered defective. The Contractor's
warranty excludes remedy for damage or defect 338 ALLOWANCES
caused by abuse, modifications not executed by 'he
* Contractor, improper or insufficient maintenance, 3.8.1 The Contractor shall include-in the Contract
improper operation, or normal wear and tear under Sum all allowances stated in the Contract
normal usage. If required by the Architect, the Documents. Items covered by allowances shall be
Contractor shall furnish satisfactory evidence as to supplied for such amounts and by such persons or
the kind and quality of materials. and equipment. entities as the Owner may direct, but the Contractor
shall not be required to employ persons or entities
3.6 TAXES against which the Contractor makes reasonable
objection.
3.6.1 The Contractor shall pay sales, consumer, use
and similar taxes for the Work or portions thereofi 3.8.2 Unless otherwise provided in the Contract
provided by the Contractor which are legally enacted Documents
when bids are received or negotiations concluded, .1 materials and equipment under an
whether or not yet effective or merely scheduled lo allowance shall be selected promptly by the
go into effect. Owner to avoid delay in the Work;
7PRTFE- .2 shall cover the cost to the Contractor of
materials and equipment delivered at the site
3.7.1 Unless otherwise provided in the Contract and all required taxes, less applicable trade
Documents, the Contractor shall secure and pay ror discounts;
the building permit and other permits and ,3 Contractors costs for unloading and
governmental fees, licenses and inspections handling at the site, labor, installation cosas.
necessary for proper execution and completion or the overhead, profit and other expenses
Work which are customarily secured after execution contemplated for stated allowance amounts
AlA DOCUIUINT AMOEOR"AL CONDITIONS OF TIlE CONTRACT FOA CONEFRUCTION . FOURTEEM
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shall be included in the Contrct Sum and not 3.11 DOCUMENTS AND SAMPLES AT THE
in the allowances; SITE
.4 whenever costs are more than or less than 3.11.1 The Contractor shill malntain at the sit for
allowances, the Contract Sum shall be the Owner one record copy of ithe Drawingt
adjusted accordingly by Chang Order. The Specifications, addenda, Change Orders and other
amount of [he Change Order shall reflect (I)
coslcts
theoditerenhe betwgeOren actualt and Modifications, In good order and marked currently to
the difference belswecn actual costs and the record changes and selections. made dur in
allowances under Clause 3.112.2 and (2) rcdchneadslctosm edurinvg
changes in Contractors costs under Clause construction, and in addition approved Shop
Drawings, Product Data, Samples and similar
2.
,.3.8 3required submittsal.. These shall be available to dhe
SUPERINTENDENT Architect and shall be delivered to the Architect for
submittal to the Owner upon completion of the Work.
3.9.1 The Contractor shall employ a competent 31 HPDAIG.POUTDT
superintendent and necessary assistants who shall be 3.1 SHO DRAWINGS. PRODUCT DATA
in attendance at the Project site during performance ANDSAMPLES
of the Work. The superintendent shall represent the 3.12.1 Shop Drawings are drawings, diagrams,
Contractor, and commbunications given to the schedules and other data specially prepared for the
superintendent shall be a binding as If given to the. Work by the Contractor or a.Subcontractor. Sub--
Contractor. Important eommunicatlons shall be subcontr stor, manufacturer, supplier or distributor to
confirmed in writing. Other communications shall be fi1nustre some portion of the Work.
similarly confirmed on written request in each ase.
3.12.2 Product Data are Illustrations, standard
3.10 CONTRACTOR'S CONSTRUCTION schedules.- performance charts, -ina3ructions,
SCHEDULES brochures, diagrams and other informalion furnished
by the Contractor to illustrate materials or equipment
3.10.1 The Contractor, promptly after being awarded - for some portion of the Work.
the Contract, shall prepare and submit for the
Owner's and Architect's information a Contractor's 3.12.3 Samples are physical examples which
construction schedule for the Work. The schedule illustrate materials, equipment or workmanship and
cosruto sceuefrta Wok hshd establish standards by which the Workc will be
shall not exceed time limits current under the esw
Contract Documents, shall be revised at appropriate judged
intervals as required by the conditions of the Work - 3.12:4 Shop Drawings, Product Data, Samples and
and Project, shall be related to the entire Project to similar submittals are not Contract Documents. The
the extent required by the Contract Documents, and purpose of their submittal is to demonstrate for those
shall provide for expediuious and practicable portions of the Work for which submittals are
execution of the Work. required the way the Contractor proposes to conform
3.10.2 The Contractor shall prepare and keep current, to the information Biven and the design concept
for the Architect's approval, a schedule of submittals expressed in the Comract Documents. Review by the
which is coordinated with the Contractor's Architect is -subject to the limitations, or
construction schedule and allbws the Architect Subparagraph 4.2.7.
reasonable time to review submittals. 3.12.6 The Contractor shall review. approve and
submit to the Architect Shop Drawings, Product Data,
r.10n3 The Samples and similar submittals required by the
Contract Documents with reasonable promptness and
in such sequence as to cause no delay in the Work or
in the activities of the OwIner or of separate
contractors. Submittals made by the Contractor
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which are not required by the Contract Documents 3.13 USE OF SITE
may be returned without action.'
3.13.1 The Contrsctor shall confine operations at the
3.12.6 The Contractor shall perform no portion of site 10 are permuted by law ordinances permits
the Work requiring submittal and review of Shop and the Contract Documeonis d shall not
or
Drawings. Product Data, Samples or similar unreasonably encumber the site wilh materials or
submittals until the respective submittal has been equipment.
approved by the Architect. Such Work shall be In
accordance with approved submittals. 3.14 CUTTING AND PATCHING
3.12.7 By approving and submitting Shop Drawings.
Product Data. Samples and similar submittals, the 3.14.1. The Contractor shall be responsible for
Contractor represents that the Contractor has cuning tting or pclng required lo complete the
determined and verified materials, field WodCoftoTklt5rflfltgetherpropedy
measurements and field construction criteria related 3.14.2 The Conlraclor shall not damage or endanger
thereto, or will do so, and has checked and a portion of the Work or fuly or partially completed
coordinated the information-contained' within suchlr construction of the Owner or separate contrbctors by
submittal, with the requirements of the Work and of cutting, patching or otherwise altering such
the Contract Documents. construction, or by excavation. The Contractor shal
3.12.8 The Contractor shall notr be relieved of not cut or otherwis, alter uuch construcgipn byihe
responsibility for deviations from requirements of the Owner-or a separate. contracror uxcept:with written E
Contract Documents by the Architect's approval of consent of the Owner and of such separate contractor;
Shop Drawings. Product Data, Samples or similar such consent shall not be unreasonably withheld.
submittals unless the Contractor has specifically The Contractor shall not unreasonably withhold from
Informed the Architect in writing Of such deviatiorL ask the Owner or a separate contractor the Contractors
the time of submittal and the Architect has given consent to cutting o otherwise altering the Work.
written approval to the specific deviation. The
Contractor shall not be relieved of responsibility for 3.15 CLEANING UP
errors or omissions in Shop Drawings. Product Data, 3.1 5.1 The Contractor shall keep the premises and
Samples or similar submittals by the Architect's surrounding area free from accumulation of waste
approval thereof. materials or rubbish caused by operations under the
3.12.9 The Contractor shall direct specific attention, Contract. At completion of the Work the Contractor
in writing or on resubmitted Shop DrawingscProduct shall remove from and about the Project waste
Data, Samples or similar submittals, to revisions materials, rubbish, the Contractor's tools,
other than those requested by the Architect on construction equipment, machinery and surplus
previous submittals. materials.
3.12.10 Informational submittals upon which the 3.16.2 If the Contractor fails to clean up as provided
Architect is not expected to take responsive action, in the Contract Documents, the Owner may do so and
may be so Identified in the Contract Documents, the cost thereof shall be charged to the Contractor.
3.12.11. When professional certification of 316ACCESSTCWORK
performance criteria of materials, systems or
equipment is required by the Contract Documents, 3.16.1 The Contractor shall. provide the Owner and
the Architect shall be entitled to rely upon the Architect access to the Work in preparation and
accuracy and completeness of such calculations and progress wherever located.
certifications.
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3.17 ROYALTIES AND PATENTS Contractor or a Subcontractor under workers' or
workmen's compensation acts, disability bentefit acts
3.1i7.1 The Contractor shall pay ill royalties and* or other employee benefit acts.
license fees. The Contractor shall defend suits or
claims for infringement of patent rights and shall 3.83Teolgtnsf:4Cnraorudrhi
holdheOner hrmles frm los on
nd Achitct Paragraph 3.11 shill not extend to the liability or the
account thereof, but shall not be responsible for such Architect, the Architect's consultants, and agents and
defense or loss when a particular design, process or employees or any-of them arising out of (I) the
product of a particular manufacturer or manufacturers preparation or approval of maps drawings, opinions,
is required by the Contract Documents. However, if reotsvy.ChneOdseigsr
the Contractor has- reason 10 believe that the required seiiaino 2 h iigo rtefiuet
design, process or product is an infringement of a giedrconorltrconbyheAhtcte
patent, the Contractor shall be responsible for such Architect's consultants, and agents and employees or
loss unless such Information is promptly furnished to ayo hmpoie uhgvngo almt iei
the Architect. ~~~~~~~~the of the Injury or damage.
primary cause
3.18 INDEMNIFICATION ARTICLE4
ADMINISTRATION OF THE CONTRACT
3.1 8.1 To the fullest extent permitted by law, the
Contractor shall indemnify and hold harmless the 4.1 ARCHITECT
Owner, Architect, Architect's consultants, and agents-
and employees of any of them from and against 4.1.1 The.Architect istheperson lawfully licensed to
claims, damages, losses and expenses, Including but practice architecture or an entity lawfulliy practicing
not limited to attorneys' fees, arising out of or architecture Identified as such in the Agreement and
resulting from performance of the Work, provided is referred to throughout the Contract Documents as
that such claim, damage, loss or expense Is if singular In number. -The ternm Architact" means
attributable to bodily Injury, sickness, diseuce or the Architect or the Architect's authorized
death, or to injury to or destruction of tangible l~tewie
property (other tha the Work itself) including loss of 4.1 2 Duties, responsibilities and limitations of
use resulting therefrom, but only to the extent caused authority of the Architect as set forth in the Contract
ini whole or in part by negligent acts or omissions of Documents shall not be restricted, modified or
the Contractor, a Subcontractor, anyone directly or extended without written consent 'of the Owner,
indirectiy -employed by them, or anyone for whose Contractor and Architect. Consent shall- not' be
acts they may he liable, regardless of whether or not unreasonably withheld.
such claim, damage, loss or expense is caused in part 4.1.3 In case of termination of employment of the
by a party indemnified hereunder. Such obligation ArhtcheOnrsalpoitnaciet
shall not be construed to negate, abridge, or reduce ArhtcheOn salpoitnaciet
other rights or obligations of indemnity which would against whom the Contractor makes no reasonable
otherwise exist as to a party or~persorn described in objection andl whose 'status unider the Contract
~~~~~~~ Paragraph
this Documents shall be that of the former architect.
3.18.2 In claims against any person or entity 414Dsue rsn ne uprgah
and 4.1.3 shall be-subject to arbitration. ..
indemnified under this Paragraph 2.11 by an
employee of the Contractor, a Subcontractor, anyone 4.ARHT rSDtNTATO
directly or indirectly employed by them or anyone fbr OPTECNR T
whose acts they may be liable, the indemnification OFTECNR T
obligation under this Paragraph 3.119 shall not be 4.2.1 The Architect will- provide administration or
limited by a limitation on amount or type of damages. the Contract as described in the Contract Documents.
compensation or benefits payable by or for the and will be the Owner's representative (I) during
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construction, (2) until final payment is due and,(3) Communications by and with separate conlractors
with the Owner's concurrence, from time to lime shall be through the Owner.
during the correction period described in Paragraph 4.2.5 Based on the Architect's observations and
12.2. The Architect will advise and consult with the evaluations of the Contractor's Applications for
Owner. The Architect will have authority to apt on Payment, the Architect will review and certify the
behalf of the Owner only to the extent provided in amounts due the Contractor and will Issue
the Contract Documents, unless otherwise modified
by written Instrument in accordance with other
provisions of the Contract. 4.2.6 The Architect will have authority to reject
Work which does not conform to the Contract
4.2.2. The Architect will visit the site at Intervals
appropriate to the stage of construction to become Documents. Whenever the Architect considers It
sthe
foamiliar with to becofe
afcosucin necessary or advisable for implementation of the
generally familiar with the progress md quality Of intent of the Contract Documents, the Architect will
the completed Work and to determine in general If have authority to require additlonal Inspection or
the Work is being performed inamannerlndicating. testing of the Work in accordance with
that the Work, when completed, will be in Subparagraphs 13.5.2 and 13.5.3, whetheror not
accordance with the Contract Documents. However, such Work Is fabricated, installed or completed.
the Architect will not be required to make exhaustive However, neither this authority qf the Architect nor a
or continuous on-site inspections to check quality or decision made in good faith either to exercise or not
quantity of the Work. On the basis of on-site to exercise such authority shall give rise to a duty or
observations as an architect, the Architect will keep responsibility of the Architect to the Contractor,
the Owner informed of progress of the Work, and spontr of teritc to theipm ntractors
will endeavor to guard the Owner against: defects mnd Subcontractors, material and equitpment suppliers.
their agents or employees, or other persons
deflieitncies in the Work, performing portions of the Work.
4.2.3 The Architect will not have control overbr 4.2.7 The Architect will review and approve or ta
charge of and will not be responsible for construction other appropriate action upon the Contractor's
means, methods, techniques, sequences or procedures. submittals such as Shop Drawings. Produt Data and
or for safety precautions and programs In connection Samples, but only for the limited purpose of check
with the Work, since these are solely the Conctors for conformance with information given and the
responsibility as provided in Paragraph 3.3. The design concept expressed in the Contract Documents.
Architect will not be responsible for the Contractor's The Architect's action will be taken with such
failure to carry out the Work in accordance with the reasonable promptness as to cause no delay In the
Contract Documents. The Architect will hot have Work or in the activities of the Owner, Contractor or
control over or charge of and will not be responsible - separate contractors, while allowing sufficient time In
for acts or omissions of the Contractor, the Architect's professional Judgement to permit
Subcontractors, or their agents or employees, or of adequate review Review of such submittals is not
any other persons performing portions of the Work. conducted for the purpose of determining the
4.2.4 Communications Facilitating Contract accuracy and completeness of other details such as
Administration. dimensions and quantities, or for substantiating
Extept as otherwise provided in the Contract instructions for installation or performance of
Documents or when direct communications have equipment or systems, all -of which remain the
been specially authorized, the Owner and Contractor ponsibility of the Contractor as required by the.
shall endeavor to communicate through the Architect C
Communications by' and with the Architects Contractor's submittals shall not relieve the
consultants shall by andwith the Adrchitect's
Communications be through the Architect. Contractor of the obligations under Paragraphs 3.3.
Commnictios Sucontactrs nti
byandwit
Communications by and with Subcontractors and 3.5 and 3.12. The Archiiect's review shall not
material suppliers shall be through the Contractor. constitute approval ofsarety precautions or, unless
otherwise specifically stated by the Architect, of any
AlA DOCUMENT A01E . GENERAL rONtOETIONS OF THE CONTRACT PO&CONSTREUfION *FOUSTEENTH EDITION. MAI-COPYRIGHT Mfl - THlE AMEICAN
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construction means, methods, techniques. sequences either and will not be liable for results 1or
or procedures. The Architect's approval of a specific interpretations. or decisions so rendered in good faith.
item shall not indicate approval of an assembly of 4.2.13 The Architect's decisions on mallen relating
which the Item is a comp DcnenL to aesthetic effect will be final if consistent with the
4.2.8 The Architect will prepare Change Orders and intent expressed in the Contract Documents.
Construction Change Directives, and may authorize
minor changes in the Work as provided in Paragraph 4.3 CLAIMS AND DISPUTES
7.4.
4.3.1. Deflntion.
4.2.9 The Architect will conduct inspections to
determine the date or dates of Substantial Completion A Claim Is a dermiand or assertion by one of the
and the date of final completion, will receive and parties seeking, as a matter of right, adjustment or
forward 10 the Owner for the Owner's review and interpretation of Contract terms, payment of money,
records written warranties and related documents extension of time or other relief with respect to the
required by the Contract and assembled by the terms of the Contract. The teram Claim also
Contractor, and wili issue- a final Certificate for includes other disputes and matters In question
Payment upon compliance with the requirements of between the Owner and'Contract6r arising out of or
the Contract Documents. relating to the Contract. Claims must be made by
written notice. The responsibility to substantiate
4.2.10 If the Owner and Architect agree, the Claims.bahlsit with the patty making the-Claim.-
Architect will provide one or more- project
representatives to assist in carrying out thp 4.3.2 Decision of Architect
Architect's responsibilities at the site. The duties, Claims, including those alleging an error or omission
responsibilities and limitations of authority of such by the Architect, shall be referred Initially to Ike
project representatives shall be as set forth in an Architect for action as provided in Paragraph 4.4.' A
exhibit to be incorporated in-the Contract decision by the Architect, as provided In
Documents. Subparagraph 4.4.4, shall be required as a condition
4.2.11 The Architect will interpret and decide precedent to arbitration or litigation- of a Claim
matters concerning performance under and between the Contractor and Owner as to all such
requirements of the Contract Documents on written matters arising prior to the date final payment is due,
request of either the Owner or Contractor. The regardless of (I) whether such matters relate to
Architect's response to such requests will be made execution and progress of the Work or (2) the extent
with reasonable promptness and within any time to which the Work has been completed. The decision
limits agreed upon. If no agreement is made -by the Archilect in response to a Claim shall not be a
concerning the time within which interpretations condition precedent co arbitration or litigation in the
required of the Architect shall be furnished in- event (I) the position of Architect is vacant, (2) Ihe
compliance with this Paragraph 4.2, then delay shall Architect has not received evidence or has failed to
not be recognized on account of failure by the render a decision within agreed time limits, (3) the
Architect to furnish such interpretations until 15 days Architect has filed to take action required under
tfler written request Is made for them. Subparagraph 4.4.4 within 30 days after the Claim is
madbe, (4) 45 days have passed after the Claim has
4.2 12 Interpretations and decisiorui of the Architect been referred to the Architect or (5) the Claim relates
will be consistent with the intent of and reasonably to a mechanic's lien.
inferable from the Contract Documents and will be in
writing or in the form of drawings. When making 4.3.3 Time Limits on Claims.
such interpretations and decisions, the Architect will Claims by either patny must be made within 21 days
endeavor to secure faithful performance by both after occurrence of the event giving rise to such
Owner and Contractor, will not show partiality to Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim,
AlA DOCUMENT A20I . OGNERAL CONDITIONS OF TIIE CONTRACT FOR CONSTRUCTION * FOUfItT9NTII EDITION *Ala. COPYRIGHT 190 . TIlE AMERICA
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Electronic Document Service A201-1987 16
whichever is later. Claims must be made by written materially different front those Indicated in the
notice. An additional Claim made after the initial Contract Documenis and that no chauge in the Serms
Claim has been implemented by Change Order will of the Contract is justified, the Archltect shall so
not be considered unless submitted in a timely noilfy the Owner and Contractor In writing, slating
manner. the reasons. Claims by either, party In opposition to
4.3.4 Co~ntinulng Contract Perfouaninc. such determination must be made within 21 days
after the Arphilect his given notice of the decision.
Pending final resolution of a Claim including If the Owner and Contractor cannot agree -on in
arbirration unless otherwise agreed in writing the adjustment In the Contract Sum or Contract Time, the
Contractor shall proceed dIligently with performance adjustment shall be referred to the Architect for
of the Coniract and the Owner shall continue to make initial determlnation,' subject to fhrther proeeedings
payments in accordance with the Contract pursu nuioPamragph4A
Documents.
4.3.7 Claims for Additlonal Cost
4.3.6 Waiver of Claims: Final Payment. f the Contractor wishes to make Claim ron
The making of finml pqyment'shmll constitute-a increase in the Contract Sum wrItten notice as
waiver of Claims by the Owner except those Arising provided herein shall be given before proceeding to
from: execute the Work. Prior noticy is rot required for
.1 liens, Claim's security intrests or Claims relating to an emergency endangering life or
encumbrances arising out of'the Contract and property akising 'under-Paragraph 10.3. If the
unsettled; Contractor believes additional cost is lnvolvod for
reasons including but not limited to (I) a written
.2 failure of the Work to comply with the interpretation from the Architct, (2) an order by the
requirements of the Contract Documents; or Owner to stop the Work where the Contractor was
.3 terms of special warranties required by the not at fault, (3) a written order for a minor change in
Contract Documents the Work issued by the Architect. (4) failure of
4.3.6 Clalms for Concealed or Unknown payment by the Owner. (5) termination of the
t.3t.Caimnsf. . Contract by the Owner, (6) Ownees suspension or (7)
other reasonable grounds, Claim shall be flied in
If conditions are encountered at the site which are (1) accordance with the procedure established herein.
subsurface or otherwise concealed 'physical
conditions which differ materially from those 4.3.8 Claims for Additional Time
indicated in the Contract Documents or (2) unknown
physical conditions of an unusual nature,.which 4.3.8.1 If the Contractor wishes to make Claim for
differ materially from those ordinarily found to exist alI increase in the Contract Time written notice. as
and generally recognized as inherent in construction provided herein shall be given. The Contractors
actvities of the character provided for In the Contraet Claim shall include an estimate of cost and of
Documents, then notice by the observing party shall probable effect of delay on proress of the Work. In-
be given to the other party promptly before the case of a continuing delay only one Claim is
conditions are disturbed and in no event later than 21 necessary.
days after first observance of the conditions. The 4.3.8.2 If'adverse weather conditions are the basis
Architect will promptly investigale such conditions - for-a Claim for additional time, such ClaIm shall be
and, if'they differ materially and cause an Increase or documented by data substantiating that weather
decrease in the Contractor's cost of, or time required conditions were abnormal for the period of time and.
for, performance of any part of the Work, will could not have been reasonably anticipated, and that
recommend an equitable adjustment in the Contract weather conditions had an adverse fiecd on the
Sum or Contract Time, or both. If the Architect scheduled construction.
dtiermines that the conditions at the site are not
AA DOCUMENT I61 * GENERAL COMOITIONS OF Til3 CONTRACT FOR CONITfRtmrION . FOURTE90"TII EDITIONf AlA . COPrYRIeG WI. TIN AWMaICAN
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4.3.9 Injury or Damage to Person. or will render to the parties the Architect's written
Property, decision relative to the Claim, including any change
If either party lo the Contract surfers injury or In the Contract Sjum or-Contract Time or both. If
damageith parsonorproperty
totheContractsurrs I y - there is a surety and there appears to be a possibility
damage to person or property because of an act or of a Contractor's default, the Architect may, but is
party's employees or paens, or of others for whoae not obligated lo, notify the surety and request the
acts such party is legally liable, written notice of surety's assiutance in resolving the controversy.
such injury or damage, whether or not insured, shall 4.5 ARBITRATION
be given to the other party within a reasonable time
not exceeding 21 days after first observance. The 4.5.1 Controversles and Claims Subject to
notice shall provide sufficient detail to enable the Arbitrmlon..
other party to investigate the matter. If a Claim for
additional cost or time related to this Claimn is to be.i Any controversy or Claim -arising out of or related to
asserted, It shall be filed as provided in the Contnt or the breach thereof, shall be stet by
Subparagraphs 4.3.7 or 43.3.8arbitration in accordance with the Construction
Subparagraph.
- 4.3.Industry Arbitration- Rules, of the American
4.4 RESOLUTION OF CLAIMS AND DISPUTES Arbitration Association, and Judgment upon the
award rendered by-the arbiltratoror urbitrators may be
4.4.1 The Architect will review Claims and take one entered in any court having jurisdiction thereof,
or more of the following preliminary actions within except controversies or Claims relating to aesthetic
ten days of receipt of a Claim: (I) request additional effect and except those waived as provided for in
supporting data from the claimant, (2) submit a Subparagraph 4.3.5. Such controversies or Claims
schedule to the parties indicating when the Architect upon which the Architect has kiven notice and
expects to take action, (3) reject the Claim in-whole rendered a decision as provided in Subparagraph
or in part, stating reasons for rejection, (4) 4.4.4 shall be subject to arbitration upon written
recommend approval of the Claim by the other party demand of either party. Arbitration may be
or (5) suggest a compromise. The Architect may also,
but is not obligated to, notify the surety, if any, of te.
commenced when 45 days have passed after a Claim
has been referred to the-Architect as provided in
S
nature and amount of the Claim. Paragraph 4.3 and no decision has been rendered.
4.4.2 If a Claim has been resolved, the Architect will 4.5.2 Rules and Notlees for Arbitration.'
prepare or obtain appropriate documentation.
Claims between the Owner and Contractor not
4.4.3 If a Claim has not been resolved, the party resolved under Paragraph 4.4 shall, if subject to
making the Claim shall, within ten days after the arbitration under Subparagraph 4.5.1, be decided by
Architects preliminary response, take one or more of arbitration in accordance with the Construction
the following actions: (1) submit additional Industry Arbitration Rules of the American
supporting data requested by the Architect, (2) Arbitration Association currently in effect,. unless the
modify the initial Claim or (3) notify the Architect parties mutually agree. otherwise. Notice of demand
that the initial Claim stands. for arbitration shall be filed in writing with the other
4.4.4 If a Claim has not been resolved after party to the Agreement between the Owner ad
consideration of the foreg~oirig and of further Contractor and with the American Arbitration
evidence presented by the parties or requested by the Association. and a copy shall be riled with the
Architect, the Architect will notify the parties in Architect.
writing that the Archiltect's decision will be made 4.5.3 Contact Performance During
within seven days, which decision shall be final and Arbitration.
binding on the parties but subject to arbitration.
epo exiato of suhtm eid h rhtc During arbitration proceedings, the Owner
U~pon expiration of such time period, the Architect Contractor shall comply with Subparagraph 4.3.4. and
AlA DOCUMENT AZI . GENERAL CONDITIONS Of TSt CONTRACt POR CONSTRUCTION *FOUREENTH EDITION . AIA *COYRiiT l U,.. .teAMER9CAN
INSTITUTE of ARCHITECTS 171 NEW TORK -AVENVO N
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4.6.4 When Arbitration May Be Demanded. contractor as described In Article 6 and other persons
substantially involved in a common question -of fact
Demand for arbitration of any Claim may not be or law-whose presence is required if complete relief
made until the earlier or (I) the date on which the is mo be accorded in arbitration. No person or entity
Architect has rendered a final written decision on the other than the Owner, Contractor or a separate
Claim, (2) the tenth day after- the parties have contractor uadescribed in Article 6 shall be included
presented evidence to the Architect or have been as an original third party-or additional third party to
given reasonable opportunity to do so, if the an arbitration whose Interest or responsibility is
Architect has not rendered a final written decision by insubstantial. Content to arbitration involving an
that date, or (3) any of the five events described in additional person or entity shall not constitute
Subparagraph 4.3-2. consent to arbitration of a dispute not described
4.5.4.1 When a written decision of the Architect therein or with a person or entity not named or
s 4ates ( the decision is final but subject to
that w) described therein. The foregoing agreement to
arbitration and (2) a demand for arbitration of a arbitrate and other agreements to arbitrate with an
Claim covered by such decision must be made within additional person or entity -duly consented to. by
30 days after the date on which the party making the parties to the Agreement shall be specifically
demand receives the final written decision, then enforceable under applicable law in any court having
failure to demand arbitration within said 30 days' Jusdicton thereof
period shall result in the Architect's decision 4,.6 Clulma and Timely Assertion of
-4
becoming final and binding upon the Owner and Clalni..
Contractor. If the Architect renders a decision after
arbitration proceedings have been initiated, such A party who files a notice of demand for aroitr tion
decision may be entered as evidence, but shall not must assert in the demand all Claims then known to
that party on which arbitration is permitted to be
supersede arbitratlon proceedings unless the decision demanded. When a party fails to include a Claim
a isacceptable to all pasties concerned. through ovenigut, Inadvertence or excusable neglect,
V 4.6.4.2 A demand for arbitration shall be made
within the time limits specified in Subparagraphs
or when a Claim has matured ar been acquired
subsequently, the arbitrator or arbitrators may permit
4.5.1 and 4.S.4 and Clause 4-5.4.1 as applicable, and amendment.
in other cases within a reasonable time after the J
Claim has arisen, and in no event shall it be made 4.6.7 Judgment on Final Award.
after the date when institution of legal or equitable The award rendered by the arbitrator or arbitrators
proceedings based on such Claim would be barred by shall be final, find judgment may be entered upon it
the applicable statute of limitations as determined in accordance with applicable law in any court
pursuant to Paragraph 13.7. having jurisdiction thereolf
4.6.6 Limitation on Consolidation or ARTICLE S
Jolnder. - SUBCONTRACTORS
No arbitration arising out of or relating to the
Contract Documents shall include, by consolidation 5.1 DEFINITIONS
or joinder or in any other manner, the Architect, the
Architect's employees or consultants, except by 5.1.1 A Subcontractor is a person or entity who ha z
written consent containing specific reference to the direct contract with the Contractor to perform a
Agreement and signed by the Architect, Owner, portion of the Work at the site. The term
Contractor and any other person or entity sought to Subcontractor' is referred to throughout the
be joined. No arbitration shall include, by Contract Documents as if singular-in number and
consolidation or-joinder or in any other manner, means a Subcontractor or an authorized
panics other than the Owner, Contractor, a separate representative of the Subcontractor. The term
AIA DOCUMIEN AIe - GENERAL CONDiTIONS OP TIlE CONTRACT FOR C-ONAVRtIJnfn . FOURTEENTH EDION .AIA . COPYFRIGEIT
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T Subcontructor' does not Include a separate the Owner or Architect makes reusonable objection
contractor or subcontract rs of aseparate contractor. so such chamge.
51.2 A Sub-subcontractor is a person or entity who 5.3 SUSCONTRACTUAL RELATIONS
has a direct or indirect contract with a Subcontractor
to perform a portion or the Work at the site. The 5.3.1 By appropriate agreement, written where
termn Sub-subcontractor" is referred to throughout legally required for validity, the Contractor shall
the Contract Documents Ls ifsingular in number and require each Subcontractor, to the extent or the Work
means a Sub-subcontractor or an authorized to be performed by the Subcontractor, to be bound to
representative of the Sub-subcontractor. the Contractor by terms of the Contract Documents
and to assume toward the Contractor all the
5.2 ~~~~~~~~~~~~~obiligatons
and responsibIlities'which the,Contractor,
FOR PORTIONS OF THE WORK
CNRACTSCONTRACT PORIONS OP hE WORK epniiiisvkteCnte
obiosE Documents, assumes toward- the Owner and
by these
ArchitecL Each subcontract agreement shall preserve
6.2.1 Unless otherwise stated in the Contract and protect the rights of the Owner and Architect
Documents or the bidding requirements, the unethCora D uritwthrscttoh'
Contractor, as soon as practicable after award of the under the Contract Documents with respect to the
Contract, shall furnish in writing to the Owner Work to be performed by the Subcontractor so that
through the Architect the names of persons or amities subcontracting thereof will not prejudice such rights,
(including those who are to furnish materials or and shall allow to the Subboutractor. unless
equipment fabricated to a-special design) proposed specifically provided otherwise in the subcentract
for each principal portion of the Work. The apeement, the benefit of all rights, remedies and
Architect will promptly reply to the Contractor in redress against the Contractor that the Contractor, by
writing stating whether or not the Owner or the the Contract Documents, has against the Owner.
Architectsafter
due investigation, ha.. reasWhere appropriate, the Contractor shall require each
Architect, anydue propone has reasonable Subcontractor to enter into similar agreements with
objection to any such proposed person or entity.
Failure of the Owner or Architect to reply promptly
shall constitute notice of no reasonable objection . -
Sub-subcontractors. The Contractor shall make
available to each proposed Subcontractor, prior to the
execution of the subcontract agreement, copies of the
a
6.2.2 The Contractor shall not contract with a Contract Documents to which the Subconractor will
proposed person or entity to whom the Owner or be bound, and, upon written request of the
Architect has made reasonable and timely objection. Subcontractor, Identify lo the Subcontractor terms
The Contractor shall not be require to contract with and conditions of the proposed subcontract
anyone to whom the Contractor has itade reasonable agreement which may be at variance with the
objection. Contract Documents. Subcontractors shall similarly
5.2.3 If the Owner or Architect has reasonable make copies of applicable portions-of such
objection to a person or entity proposed by the documents available so their respective proposed Sub-
Contractor, the Contractor shall propose another to subcontractors.
whom the Owner or Architect has no reasonable
objection. The Contract Sum shall be increased or 5.4 CONTINGENT ASSIGNMENT OF
decreased by the difference in cost occasioned by SUBCONTRACTS
such change and an appropriate Change Order shall 5.4.1 Each subcontract agreement for a portion of
be Issued. However, no increase in the Contract Sum
shall be allowed for suchbchange unless the p that:
Contractor has acted promptly and responsively in
submitting names as required. .1. assignment is effective owly after
termination or the Contract by she Owner for
52 ThC taosa nea
5.2.4 The Contractor shall not change cause pursuant to Paragraph 14.2 and only
Subcontractor, person or entity previously selected Ir for those subcontract agreements which the
AlA DOCUMEIT A201 - GENERAL CoNhTIONE oDThE CONTRACT 1`rn CONSThUCTION FOtURTEE OII EDITION . AlA .coPYnIio
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Owner accepts by noti tying She Contractor, separatweontractors and the Owner until
Subcontractor in writing; and subsequently revised.
.2 assignment is subject to the prior rights of 6;1.4 Unless otherwise provided in the Contract
the surety, if any, obligated under bond Documents, when the Owner performs construction
relating to the Contract. or operations related to the Project with the Owners
6.4.2 lithe Work has been suspended Nor more thtan own forces, the Owner shall be deemed to be subject
30 days, the Subcontractors compensalipn shall to the same obligations and lo have the same rights
t
equitably adjusted. which apply to the Contractor under the Conditions
of the Contract Including, without excluding others.
ARTICLE 6 those stated- In Article 3, this ArtIcle 6 and Articles
CONSTRUCTION BY OWNER OR BY 10, 11 and 12.
SEPARATE CONTRACTORS 6.2 MUTUAL RESPONSIBILITY
6.1 OWNERS RIGHT 1TO PERFORM 6.2.1 -The Contractor shall afford the Owner and
CONSTRUCTION AND TO AWARD separate contractors reasonable opportunity for
SEPARATE CONTRACTS introduction and storage of their materials and
equipment and performance of their activities ard
6.1.1 The Owner reserves- the right to perform shall connect and coordinate the Contractor's
construction or operations related to the Project with coituubdtiod and operations, with theirs as required by-
the Owner's own forces, and to award separate the Contract Documents
contracts in connection with other portions of the
Project-or other construction or operations on the site 6,2.2 If part of the Contractors Work depends for
under Conditions of the -Contract Identical or proper execution or results upon construction or
substantially similar to these Including those portions operations by the Owner or a separate contractor, the
related to Insurance and waiver of subrogation. If zte Contractor shall. prior to proceeding with that portion
Contractor claims that delay or additional cost is of the Work, promptly report to the Architect
involved because of such action by the Owner. the apparent discrepancies or defects in such other
Contractor shall make such Claim as provided construction that would render it unsuitable for such
elsewhere in the Contract Documents. proper execution and results. Failure of the
Contractor so to report shall constitute an
6.1.2 When separate contracts are awarded for acknowledgment that the Owner's or separate
different portionsof the Project or other constructlion cotractors' completed or partially completed
or operations on the site,. he term Contractor' In the construction Is fit and proper to receive the
Contract Documents in each case shall mean the Contractor' Work except as to defects not then
Contractor who executes each separate Owner- reaonabltydiscoverable.
Contractor Agreement.
6.1.3 The Owner shall provide forcoordination of 6.2.3 Costs caused by delays or by improperly timed
activities or defective construction shall be borne by
the activities of the Owners own forces and of each the party responsible therefor.
separate contractor with the Work of the Contractor.
who shall cooperate with them. The Contractor shall 6.2.4 The Cbntrrctor shall promptly remedy damage
participate with other separate contractors and the wrongfully caused by the Contractor to completed or
Owner in reviewing their construction schedules partially completed construction or to property of the
when directed to do so. The Contractor shall make Owner or separate contractors as provided in
any revisions to 'he construction schedule and Subparagraph 10.25.
Contract Sum deemed necessary after a joint review 6.2.5 Claims and other disputes and matters in
and mutual agreement. The construction schedules question between the Contractor and a separate
shall then constitute the schedules to be used by the contractor shall be subject to the provisions of
AIA DOCUMENT A2II . GENCEAL CONDITIONS OF TilE CONTIACT rFO CONSTKUCIoWN. FOurennTH EDITIOM -AJAE COrFVmtici 1Il THE AJMUCAN
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Paragraph 4.3 provided the separate contractor has Directive that application of such unit prices to
reciprocal obligations. quantities of Work proposed will cause substantial
6.2.6 The Owner and each separate contractor shall inequity to the-Owner or Contractor, the applicable
have the same responsibilities for cutting and unit prices shall be equitably adjusted.
patching as are described for the Contractor in 7.2 CHANGE ORDERS
Paragraph 3.14.72CHNEODR
7.2.1 A Change Ortder is a written instrument
RIGHT TO CLEAN UPprepared
6.3 OWNER'S by the Architect and signed by the Owner,
6.3.1 If a dispute arises among the Contractor. andArchitect, stating their agreement
separate contractors and the Own"r as to the. upon all of the following;
responsibility under their respective contracts for . .1 achange In the Work;
maintaining the promises and surrounding area free
from waste materials and rubbish as described in 2 the amount Of the adJustment in the
Paragraph 3.15, the Owner may clean up and allocate Contract Sum,.if any; and
the cost among those responsible as the Architect .3 the extent of the adjustment in the
determines to be just. Contract Time, If any.
7.2.2 Methods used In determining adjustments to
ARTICLE 7 the Contrict Sum Žmay-include those listed in
CHANGES IN THE WORK Subparigraib 73.3.
7.1 CHANGES 7.3 CONSTRUCTION CHANGE DIRECTIVES
7.1.1 Changes In the Work may be accomplished 7.3.1 A Construction Change Directive is a written
after execution of the Contract, and without order prepared by the Architect and signed by the
invalidating the Contract, by Change Order. Owner and Architect, directing a change-in the Work
Construction Change Directive of order for a minor and stating s proposed busis thy Adustmonl, if any,-in.
change in the Work, subject to the limitations stated the Contract Sum, or Contract Time, or both. The
in this Article 7 and elsewhere in the Contract Owner may by Construction Change Directive,
Documents. without invalidating the Contract, order changes It
7.1.2 A Change Order shall be based upon the Work within the general scope of the Contract
agreement among- the Owner, Contractor and consisting of additions, deletions or other'revisions,
Architect; a Construction Change Cirective requires the Contract Sum and Contract Time being adjusted
agreement by the Owner and Architect and may or accordingly.
may not be agreed to by the Contractor; an order for 7.3.2 A Construction Chinge Directive shall be used
a minor change in the Work may be. issued by the in ihe absence of total agreement on the terms of a
Architect alone. Change Order. -
7.1.3 Changes in the Work shall be performed under 7.3.3 If the Construction Change Directive provides
applicable provisions of the Contract Documents, and for an adjustment to the Contract Sum, the
the Contractor shall proceed promptly, unless adjustment shall-be based on one of the following
otherwise provided in the Change Order, methods:
Construction Change Directive or order for a minor
change the Work.
change in the Work. in ~~~~~~.1acceptance of a lump sum properly
miutual
itemized and supported by sufficient
7.1.4 If unit prices are slated in the Contract . substantiating data to permit evaluation;
Documents or subsequently agreed upon. and if
quaniitics originally contemplated are so changed in .2 unit, prices stated In the Contract
a proposed Change Order or Construction Change Documents or subsequently agreed upon;
AUA DOCUMENT A29t * ORNERAL Co0C71TIONS OF ilHE CONTRACT TOO CONSTRUCTION *FOURTEENTH EDITON . AlA - COPYRUtNIi 1f1 .
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Electronic Document Service A201-1987 22
.4 costs of premiumsafor all bonds and
.3 cost lo be determined In a manner agreed Insurance. permit fees, and sales, use or
upon by the parties and a mutually acceptable similar taxes related to the Work and
fixed or percentage fee; or
or
fixed or percenlagebfee; .8 additional costs of supervision and field
.4 as provided in Subparagraph 7.3.6. office personnel directly attributable to the
7.3.4 Upon receipt of a Construction Change change
Directive, the Contractor shall promptly proceed with 7.3.7 Pending final determination of cost to the
the change in the Work involved and advise the Owner, amounts not in dispute-may be included in
Architect or the Contractor's agreement or Applications for Payment. The amount of credit to
disagreement with the method. If any. provided in the be allowed by the Contractor to the Owner for a
Construction Change Directive for determining the deletion or change which results in a not deerea in
proposed adjustment in the.Contract Su or Contract the Contract Sum shall be actual -net cosats
Time. confirmed by the Architect. When both additions
7.3.5 A Construction Change Directive signed by the and credits covering related Work or substitutIons are
Contractor indicates the agreement of the Contractor involved in a change, the allowance for overhead and
therewith. including adjustment in Contract Sum and profit shall be figured on the basis of net Incre, if
Contract Time or the method for determining them. Any. with, respect to That chanep..
Such agreement shall be effective immediately and- 7.3; If the Owner. and Contractor do not agree with.
shall be recorded as a Change Order, the adjusttiest In Contract Time or Ihe method for
-7X6 IFthe Contractor does not respond promptly or determining it,,the adjustment or the method shall be
disagrees with the method for adjustment in the refere to die Architec for determIion.
Contract Sum, the method and the adjustment shall. 7.3.9 When the Owner and Contractor agree with the
be determined by the Architect on the basis bf determination made by the Architect coucening-the
0* reasonable expenditures and savings of those
performing the Work attributable to the change,
including, In case of an Increase In the Contract Sum,
adjustments in the Contract Sum and Contact Time,
or otherwise reach agreement upon the adjustments,
such agreement shall be effective immediately and
£ reasonable allowance for overhead and profit. In shall be recorded by preparation and execution of an
such case, and also under Clause 7.3.3.3, the appropriate Change Order.
Contractor shall keep and present, in such form as the
Architect may prescribe, an itemized accounting 7.4 MINOR CHANGES IN THE WORK
together with appropriate supporting dataL Unless
otherwise provided in the Contract Documents, costs 7,4.1 The Architect will have authority to order
for the purposes of this Subparagraph 7.3.6 shall be minor changes in the Work not iqv6lvlng adjustment
limited to the following; in the Contract Sum or extension of the Contract
Time and not inconsistent with the Intent of the
.1 costs of labor, including social security, Contract Documrehts. Such changes shall be efted
old age and unemployment insurance, fringe by written order and shall be binding on the Owner
benefits required by agreemnent or custom, and Contractor. The Contractor shall carry out such
and workers' or workmen's compensation written orders promptly.
insurance;
.2 costs of materials, supplies and equipment, ARTICLE 8..
including cost of transportation, whether TIME
incorporated or consumed;
8.1 DEFINITIONS
.3 rental costs of machinery and equipment,
exclusive of hand tools, whether rented from 3.1.1 Unless otherwise provided, Contract Time Is
the Conlractor or others; the period or time. including authorized adjustment
. ~ ~ ~ . .. ..
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allotted in the Conlract Documents for Substaqilal casualties or other causes beyond the Contractor's
Completion or the Work. control, or by delay authorized by the Owner pending
arbitration, or by other-causes which the Architect
1.12The on commengement of
dtablsed The Woteis n ii. determines may justify delay, then the Contract Time
date estabtished in the Agreement. The daztshall hot shall be extended by Change Order for such
be postponed by the failure to act or the Contractor or
of persons or entities for whom the Contractor is ittsonabie time as the Architect may determine.
responsible. 8.3.2 Claims relating to time shall be made in
8.1.3 The date of Substantial Completion Is the date accordance with applicable provisions or Paragraph
certified by the Architect in accordance with 4
Paragraph 9.8. 3.3.3 This Paragraph S.3 does not preclude recovery
8.1.4 The term "dayR as used in the Contract . of damages for delay by either party under other
Documents shall mean calendar day unless otherwise provtsions of de Contract Documents
specifically defined. TIC
ARTICSA
8.2 PROGRESS AND COMPLETION PAYMENTS AND COMPLETION
8.2.1 Time limits staled in the Contract Documents 9.1 CONTRACT SUM
ae of the essence of the Contract By executing the
Agreement the Contractor confirms that the Contract'. 9.1.1 The Contratl.Sum ls statedtin the-Agreemens-
Time is a reasonable period for performing the Work. and, Including authorized adjustments, is the total
amount payable by the Owner to the Contractor for
5.2.2 The Contractor shall not knowingly, except by. performance of the Work, under the Contract
agreement or instruction of the Owner in writing, Documents.
prematurely commence operations on the sitepr
elsewhere prior to the effective date of Insurance SCHEDULE OF VALUES.
q
9.2
required by Article II to be furnished by the
Contractor. The date of commencement of the Work 9.2.1 Before the first Applicatlon for Payment, the
shall not be changed by the effective date of such Contractor shall submit to the Atchitect t schedule of
insurance. Unless the date of commencement is values allocated to various portions of the Work,
established by a notice to proceed given by the prepared in such form and supported by such data to
Owner, the Contractor shall notify the Owner in substantiate its accuracy as the Architect may
writing not less than five days or other agreqd period require. This schedule, unless objected to by The
before commencing the Work to permit the timely Architect shall be used as a basis fbr reviewing the
filing of mortgages. mechanics liens and other Contractor's Applications for Payment.
security interests.
8.2.3 The Contractor shall proceed expeditiously 9.3 APPLICATIONS FOR PAYMENT
with adequate forces and shall achieve Substantial 9.3.1 At least ten days before the date established for
Completion within the Contract Time. each progress payment, the Contractor shall submit to
the Architect an itemized Application for Payment
8.3 DELAYS AND EXTENSIONS OF TIME hfor operations completed in accordance with the
8.3.1 If the Contractor is delayed at any time in schedule of values Such application shall be
progress of the Work by an act or neglect of the notarized, if required, and supported- by such data
Owner or Archi.ect, or of an employee or.ither. or substantiating the Contractors right to payment as
of a separate contractor employed beethe Ownier. or the Owner or Architect may require, such as copies
by changes ordered in the Work, or by labor disputes Or requisitions rrom Subcontractors and lairI
fire, unusual delay in deliveries, unavoidable suppliers. and reflecting retainage if provided for
elsewhere in the Contract Documents.
ALA DOCUMENT A30t - GENERAL CONDITIONS OF THE CONTRACT FOR DONSTtUCTION -FOURTEEINTH EIrION* AlA C'PTUIIIT Ins . THE AMPICAN
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Architect determines Is properly due, or notify the
9.3.1.1 Such-applications may include requests for Contractor and Owner in wriling of the Archilects
payment on account of changes In the Work which reasons for withholding certification in whole or in
have been properly authorized by Construclion part as provided in Subparagraph 9.5. l
Change Directives but not yet included In Change 9.4.2 The issuance of'a Certificate for Payment will
Orders.942Tewae faCriigefrPyelwl
constitute a representation by the Architect to the
9.3.1.2 Such applications may not include requests Owner, based on the Architect's observeaions at the
for payment of amounts the Contractor does not site and the data comprising the Application for
intend to pay to a Subcontractor or material supplier Payment, that the Work has progressed to the point
because of a dispute or other reason. indicated and that, to the beat of the Architect's
9.3.2 Unless otherwise provided in the Contract knowledge, infrmation and belief,-quality of the
Documents, payments shall be made on account of *- Work Is In accordance with the Contract Documents.
materials and equipment delivered and suitably The foregoing reprnentatanm are-subject to an
stored at the site for subsequent incorporation in the evaluation of-the Wart for conformance with the
Work. If approved in advance by the Owner Contract Documuent upon Substantial Completion, to
payment may similarly be masde'-for materials mnd results of subsequent tests mnd inspections, to minor-
deviations from the Contract: Documents correctable
equipment suitably stored off the site at a location prioto comptiontrectoemnents cor s
agreed upon in writing. Payment for materials and - prior to completion anl to spLcific qualifications
equipment stored on or off the site shall, be expressed by the Architect The issuance of a
conditioned upon compliance by the Contractor with - Certificate, for Payment will further-consiiaule a
procedures satisfactory to the Owner to establish the representation that the Contractor is entitled to
Owner's title to such materials and equipment or payment in the amount certified. However, the
oihcrwise protect the Owner s interest, and shall issuance of a Certificate for Payment will not be a
include applicable Insurance, storage, and representation that the Architect has (I) made
O
transportation to the site for such materials and
equipment stored off the site,
exhaustive or continuous on-site lnspectons to check
the quality, or quantity of the Wark, (2) reviewed
construction means, methods, techniques, sequences
9.3.3 The Contractor warrants that title to all Work or procedures, (3) reviewed copies of requisitions
covered by an Application for Payment will pass to received from Subcontractors and material suppliers
the Owner no later than the time of payment. The and other data requested by the Owner to substantiate
Contractor further warranis that upon submittal of an the Contractor's right to payment or (4) made
Application for Payment all Work for which examinationto ascertain how orfor what purpose the
Certificates for Payinent have been previously issued Contractor has used money previously paid on
and payments received from the Owner shall,- lo the account of the Contract Sumn.
best of the Contractors knowledge, Information and
belief, be free and clear of liens, claims, security 9. 6 DECI SIONS TO WITHHOLD
interests or encumbrances favor of the Contractor, CERTIFICATION
Subcontractors, material suppliers, or other persons
or-entities making a claim by reason of having 9.6.1 The Architect may decide not to certify
provided labor, materials and equipment relating to payment and may withhold a Certificate for Payment
the Work. in whole or in part, to the extent reasonably
necessary to protect the Owner, if in the Archilect's
9.4 CERTIFICATES FOR PAYMENT opinion the represcntationsr to the Owner required by
Subparagraph 9.4.2 cannot be made. If the Architect
9.4.1 The Architect will, within seven days after Is unable lo certify payment in the amount or the
receipt of the Contractoes Applicalion for Payment. Application. the Architect will notify the Contractor
either issue to the Owner a Ctnificate for Payment, and Owner as provided in Subparagraph 9.4. 1, If the
with a copy to the Contractor, for such amount as the Contractor and Architect cannot agre on a revised
~AM DOCUM4ENT *GBE9RAL coNpiriams OF Till1 CONIRACT FOR CONITUrMCiON.- FOURIJA~iEN E0iTIoN . Allk * COFYROIIT 1i1i - TilE AMERICAN
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amount, the Architect will promptly issue a reflecting percentages actually retained from
Certificate for Payment for the amount for which the payments to the Contractor on account of such
Architect is able to make such representations to the Subcontractor's portion of the Work. The Contractor
Owner. The Architect may also decide not to certify shall, -by appropriate agreement with each
payment or, because of subsequently discovered Subcontractor, require each Subcontractor to make
evidence or subsequent observations, may nullify the payments to Sub-subcontractors In similarmanner.
whole or a part of a Certificate for Payment 9.6.3 The Architect will, on request, furnish to a
previously issued, to such extent as may be necessary Subcontractor,-If praeticable Information regardin
in the Architect's opinion lo protect the Owner from - ,f pc ticl Informti regding
loss because of: ~~~~~~percentages of completion or amounts applied for by
the Contractor and action taken thereon by the
.1 defective Work not remedied; - Architect and Owner on account of portions of the
.2 third party claims filed or reasonable WorkdonebysuchSubcontractor
evidence Indicating probable filing of such- 9:6.4 Neither the 'Owner nor Architect shall have an
claims: obligation to pay or to see to the payment of money
.3 failure of the Contractorlto-make . o-a Subcontractor except as may otherwise be
payments properly to Subcontractors or for requiitd by law
labor, materials or equipment: 9.6.6 Payment to material suppliers shall be treated
.4 reasonable evidence that the Work cannot in a manner similar lo that provided in Subparagmphs
be completed for the unpaid balance of the 9 62 9.6t3nd'9.6 I
Contract Sum;' 9.6.6 A Certificate for Payment, a progress payment,
.6 damage to the Owner or. another or partial or entire use oroccupmncy ofthe Project by
contractor; the Owner shall not constitute acceptance of Work
not in accordance with the Contract Documents.
.6 reasonable evidence that the Work will not
be completed within the Contract Time, and 9.7 FAILURE OF PAYMENT
that the unpaid balance would not be
adequate to cover actual or liquidated 9.7.1 If the Architect does not Issue a Certificate for
damages for the anticipated delay; or Payment. through no fault of the Contractor, within
W seven days after receipt of the Contractor's
.7 persistent failure to carry out the Worin Applicaton for Pyment, or if the Owner does not
accordance with the Contract Documents. plcto o amno fteOnrde o
pay the Contractor within seven days after the date
9.5.2 When the above reasons for withholding -established In the Contract Documents the amount
certification are removed. certification will be made certified by the Architect or awarded by arbitration,
for amounts previously withheld. then the Contractor may, upon seven additional days
written notice to the Owner and Architect, stop the
9.6 PROGRESS PAYMENTS -Work until paymnent othie amount owing has been
received. The Contract Time shall be extended
9.6.1 After the Architect has issued a Certficate for appropriately and the Contract Sum' shall be
Payment, the Owner shall make payment in the increased by the amount of the Contractors
manner and within the time provided in the Contract inreasonable costs of shut-down delay and start-up
Documents, and shall so notify the Architect. which shall e accomplished - provided in Arice?.
9.6.2 The Contractor shall promptly pay each
Subcontractor, upon receipt of payment from the 9.1 SUBSTANTIAL COMPLETION
Owner, out of the amount paid to the Contractor on
account of such Subcontractor's portion of the Work, 9. B.1 Substantial Completion is the stage in the
the amount to which said Subconlraetor is entitled, progres Or the Work when the Work or designated
portion thereof is sufficiently complete in accordance
AIA DOCUMSEfT A11U GENERAL CONIrmIOwS OF THE CQNJTRACT FOR COHTIRuCYION - URaTutin rDITIa N . EAACOPVEIWIT 1917 . tFEE AMERICAN
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with the Contract Documents so the Owner ean 9.9 PARTIAL OCCUPANCY OR USE
occupy or utilize the Work for Its intended use.
9.8.2 When the Contractor considers thai the Work, 3.991 The Owner may occupy or use any completed
r d portion thereor which the Owner agrees to accept or partially completed portion of the Work at any
oe artis thereof ch the Contractor stage when such portion is designated by separate
separately, is subspanially complete, the Contractor agreement with the Contractor, provided such
shall prepare and submit to the Architect a occupancy or wse is consented to by. the insurer as
comprehensive list of items to be completed or required under Subpatagraph 11 3.11 and authorized
corrected. The Contractor shall proceed promptly to by -public authorities having jurisdiction over the
complete and correct items on the list. Failure to Work. Such partial occupancy or use may commence
Include an Item on such list does not alter the whether or not thounion is suntially complete,
responsibility of the Contractor to complete all Work whether othe he rndon tantiall accepted in
-provided Owner. and Contractor have complete
in accordance with the Contract Documents. Upon writing the responsibilities asigned to each Of them
receipt of the Contractors list, the Architect will for payments, rutanage ifanysecurity maintenance,
makme an Inspection to determine whether the Workc or Tut, utilities, damage to the Work and insurance, and
designated portion thereof is substantially complete.-. have agreed In writing concerning the period for
If the Architect's Inspecion discloses any item, correction of the Work and commencement of
whether or not Included on the Contractor's fist, warranties required by the Cpnzract Documents
which is not-In accordance with the requirements O When thu Coanctor conuiders-a'portion substantialy
the Contract Documents, the Contractor shall, before complete *h Contrctor shill prepare and submit a
issuance of the Certificate Suostantial Completion,
of list to the Architect as provided under Subparagraph
pcomplete or correct such item, upon notification by 9.5.2. Consent of the Contractor to partial occupancy
the Architectl The Contractor shall then submit a- or use shall not be unreasonably withheld. The stage
request' for another inspection by the Architect to of the progress of the Work shall be determined by
determine Substantial Completion. When the Wqrk written agrement between the Owner and Contractor
or designated portion thereof Is substantially or if no areement is reached, by decision of the
complete, the Architect will prepare a Certificate of AorhiecL
Substantial Completion which shall establish the date
of Substantial Completion, shall establish 9.3.2Immedtelypriortosuchpartiaocpancyor
responsibilities of the Owner and Contractor for use, the Owner, Contractor and Architect shall jointly
security, maintenance, heat, utilities, damage to the inspect the area to be occupied or portion of the
Work and Insurance, and shall fix the time within Work to be used in order to determine and record the
which the Contractor shall finish all Items on the list condition of the Work.
accompanying the Certificate. Warranties required 9.9.3 Unless otherwise agreed upon, partial
by the Contract Documents shall commence on the occupancy or use of a portion or portions of the
date of Substantial Completion of the Work or Work shill not constitute acceptance of Work not
designated portion thereof unless otherwise provided comtplying with the requirements of the Contract
in the Certificate of Substantial Completion. The Documents.
Certificate of Substantial Completion shall be
submitted to the Owner and Contractor for their 9.10 FINAL COMPLETION AND FINAL
written acceptance of responsibilities assigned to PAYMENT
them in such Certificate.
9-.3UpnubntalCopltio 9.10.1 Uponia npcinadacpneaduo
9.8. 3 Upon Substantial completion or the Work or - i ed o receipt of written notice that the Work
designated portion thereof and upon application by is ready for final Inspection and acceptance and upon
receipt of a final Application for Payment, the
the Contractor and certification by the Architect, the Archtect will promptly make such inspection and,
Owner shall make payment, reflecting adjustment in w Architect tly mae suc ipctibn and
retanag, Work r potio threo as
relainage, if any. fo suh an, or portion thereof as
i
for such Wrk when the Architect finds the Work acceptable under
hCotalDcmnsndheotrlfuy
Contrct Docments.the
provide in th
provided in the Conlracl Documents. Contract Documents and the Contract fully
AIA DOCUMENT A291 . GNERIAL CONOITONS OF MlE CONTRACT FO CONSETUCTION * FOUItJEENT EDITION
a. AA . aOPYRIOlr awl . THf AMEKICAN
INSUTIMIM WMECTS. 175 NUW YORK AVENUE NW. W.AESItITON DC aINZ
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Electronic-Document Service A201.1957 27
performed, the Architect will promptly issue 'afinal Change' Orders affecting Final completion, and the
Certificate for Payment staring thdi to the best of the Architect so confirms the Owner shall, upon
1
Architects knowledge, information and belief, and application by the Contractor and certification by the
on the basis of the Architect's observations and Architect, and without terminating the Contract,
inspections, the Work has been completed in matepaymentofthebalancedueforlhat ponionof
accordance with terms and conditions of the Contract the Work fully completed and accepted. If the
Documents and that the entire balance found to be remaining balance -for Work not fully completed or
due the Contractor and noted in said final Certificate corrected is less than retainage stipulated in the
is due and payable. The Architect's final Certificate Contract Documents, and if bonds have been
for Payment will constitute a further representation furnished, the written consent of surety to payment of
that conditions listed in Subparagraph 9.10.2 as the balance due for that portion of the Work fully
precedent to the Contractor's being-entitled to final' completed and accepted shall be submitted'by the
payment have been fulfilled. Contractor to the Architect prior to certificationwof
9.1 02 Nelther. fnal payment nor..any remaining such payment. Such payment shall be made under
retained percentage shall become due until the :.l. ndconditonsgovemlngfinalpaymentoxcept
Contractor submits to the-Architect (th)ananMdiavit' that it shall not constitute 'awilver of claims: The
that payrolls, bills for materials and equipment, and making of final paymnent shall constitute a waiver Or.
m o I
other indebtedness connected with the Work .. - . for claims by the Owner as provi~ded in Subparagraph
which the Owner or the Owner's property might be, -4 3S
responsible or encumbered (less amounts withheld by- 9. 10 Acceptance of final payment by' the
Owner) have been paid or otherwise satisfied, (2) a Contractor, a Subiontractqr or material supplier shall
certificate evidencing that insuranre required by the constitute a waiver of claims by that payee except
Contract Documents to remain in force after final those previously made in writing and identified by
payment is currently in effect and will notlbe that payee as unsettled at the time of final
cancelled or allowed to expire until at least 30 days' Application for Payment. Such waivers shall be in
prior written notice has been given to the Owner, (3) addition to the waiver described In Subparagraph
a written statement that the Contractor knows of no 4.3.5.
substantial reason that the insurance will not be
renewable to cover the period required-by the ARTICLE 10
Contract Documents, (4) consent of surety, if any,' to PROTECTION OF PERSONS AND
final payment and (5), if required by the Owncr, PROPERTY
other data establishing payment or satisfaction of
obligations, such as receipts, releases and waivers of 10.1 SAFETY PRECAUTIONS AND
liens, claims, security interests or encumbrances PROGRAMS
arising out of the Contract, to the extent and in such
form as may be designated by the Owner. If a 104.1 The Contractor shall be responsible for
Subcontractor refuses to furnish a release or waiver initiating, maintaining and supervising all safety
required by the Owner, the Contractor may furnish a precautions and programs In connection with the
bond satisfactory to the Owner to indemnify the performance of the Contract.
Owner against such lien. If such lien remains 10.1.2 In the event the Contractor encounters on the
unsatisfied after payments are made, the Contractor site material reasonably believed to be asbestos or
shall refund to the Owner all money that the Owner polychlorinated biphenyl (PCB) which has not been
may be compelled to pay in discharging such lien, rendered harmless, the Contractor shall immediately
including all costs and reasonable attorneys' fees. stop Work In the area affected and report the
9.10.3 If, after Substantial Completion of the Work, condition to the Owner and Architect in writing. The
final completion 'thereof is materially delayed Work in the affected area shall not thereafter be
through no fault of the Contractor or by issuance of resumed except by written agreement of -the Owner
AMERICAN
AlA DOCUMN9AT ASIA * GENERAL CONDITIONS OF TJlE CONTRACT FOR CONSIMUCtION - FOURT1EETH EDITION - AIA *COFYRIWI9T Io . TVlA
INSTIlrUT F AKRCIlTECTS. 11 vEw YORE AVEUBE NW WASIIINOTON DC Ifbb12 WARNING lAS a_ Ad US mupa1*b Em aS X
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and Contractor If in fact the material Is asbeato; or .1 employees on the Work and other persons
polychlorinated biphenyl (PCB) and has not been who may be affected thereby;
rendered harmless. The Work in the affected a2 the Work nd materials and equipment tO
shall be resumed in the absenc of asbestos, or be incorporated therein, whether in storage
polychlorinated biphenyl (PCB), or when it hi bein on or orr the site, under care, custody or
rendered harmless, by written agreement of the control of the Contractor or the Contractor's
Owner and Contractor, or in accordance with final
determination by the Architect on which arbitration
has not been demanded, or by arbitration under .3 other property atl!he sile or adjacent
Article 4. thereto, such as trees, shrubs, lawns, wnas,
10.1.3 The Contractorshall not be required pursuan pavements. roadways, structures and utilities
to Article 7 to performn wvithout consenl anyWork - not designated for removal, relocation
to Artcle 7 o perfrm ay Workreplacement in -the Course of constivoction. or
witout coamni
relating to asbestos or polychlorinated biphenyl
(PCB). 10.2.2 The Contractor shall give notices and comply
10.1.4 To the fullest extenti permitted by law. the, with applicable laws, ordinances, rules, regultions
adlwu reso ulcatoiisbaigo
Owner shall indemnify and hold harmless the and lawful orders or public authorities beroe onf in
Conlacto, Arhitet
Contractor, Architect, Arhit t s consultants and
Architect's onsutant and safety ofinjury or or property -or their protection from
damage, persons loss.
agents and employees of any of them from and
against claims, damages, losses and expenses, 10.2.3 The. Contractor shall erect and maintain, as
including but not limited to attorneys' fees, arising required bj existing conditions and performace of'.
out of or resulting from performance of the Work irk the ColtraCi, reasonable safeguards for safety and
the affected area if in fact the material is asbestos or protection, Including posting danger sighs and othr
polychlorinated biphenyl (PCB) and has not been warnings against hazards, promulgating safety
rendered harmless, provided that such claim, damaep, regulations and notifying owners and users of
loss or expense is attributable to bodily injury, adjacent sites and utilities;
sickness, disease or death, or to injury to or 10.2.4 When use or storage of explosive. or other
destruclion of mangible property (other than the Work hazardous materials or equipment or unusual
itself) including loss of use resulting therefrom, but methods are necessary for execution of the Work, the
only to the extent caused in whole or In pan by Contractor shall exercise utmost care and carry on
negligent acts or omissions of the Owner. anyone such activities under supervision of properly
directly or indirectly employed by the Owner or qualified personnel.
anyone for whose-acts the Owner may be liable,
regardless of whether or not such claim, damage, loss 10.2.5 The Cohtractor shall promptly remedy
or expense is caused in part by a paty indemnified damage and loss (other than damage or lost insured
hereunder. Such obligation shall not be construed to under property insurance required by the Contract
negate, abridge, or reduce other rights or obligations Documents) to property referred to in Clauses
of indemnity which would otherwise exist as to a 10.2 1.2 and O0.2-1.3 caused in whole or In part by
party or person described in this Subparagraph the Contractor, a Subcontractor, a Sub-subcontractor,
101.4. or anyone directly or indirectly employed by any of
them, or by anyone ror whose acts they may be liable
10.2 SAFETY OF PERSONS AND PROPERTY and for which the Contractor is responsible under
Clauses 10.2.1.2 and 10.2.1.3, except damage or loss
10.2. 1 The Contractor shall take reasonable attributable to acts or omissions of the Owner or
precautions for safety of, and shall provide Architect or anyone directly or indirectly employed
reasonable protection to prevent damage, injury or by either of them, or by anyone for whose acts either
loss to: of them may be liable, and not attributable to the
fault or negligence of the Contractor. The foregoing
ABA DOCUMENT A21i . GENKERAL CONDITIrNS or THE CONTtACT FOR CONSTRUCTION . F4UTURTII ROITION - AlA- CoYImlIIT w"? *TM AMICANG
INSTJTUTE OFARCHITECTS. I71 NEW YOt lKAhNE N W.WtAHINGTON O.C ROUSS1S2 WARINO UEhmMandpbloauyyau whimS ol m1'gg mid
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Electronic Document Service A201-1937 29
2
obligations of the Contractor are in addition to the .3 claims for damages because of bodily
Contractors obligations under Paragraph 3.18. injury, sickness or disease; or-death of any
person other than the Contractor's
10.2.6 The Contractor shall designate a responsible employees;
member of the Contractor's organization at the site. .4 claims for damages insured by usual
whose duty shall be the prevention of accidents. This personal Injury iability coverage which are
person shall be. the Contractor's superintendent unless pesonainjury l oneage wi ar
otherwise designated by the Contractor in writing to offens, directly or indirectly related to
dhe Owner and Architect. employment of such person by the Contractor.
10.2.7 The Contractor shall not load or permit any or(2) by another person.
part of the construction or site to be loaded so as to 6 claims for damages, othe than to the
endanger its safety. Work itself, because of injury to or
10.3 EMERGENCIES ' destruction of tangible property, including
loss of use resulting therefrom;
10.3.1 It an emergency affecting safety -of persons .6 claims for damages because of bodily
or property, the Contractor shall act, at the Injury, death of a person or property damage
Contractors discretion, to prevent threatened damage. arising out of ownership, maintenance or us
injury or loss. Additional compensation or extension of a motor-vehicle; and
of time claimed by the Contractor on account of an
emergency shall be determined as provided in* .7 claims Involving contractual -ilmbil ty
Paragraph 4.3 and Article 7 insurance applicable to the Contractor's
obligations wnder Paragraph LIE.
ARTICLE 11 11.1.2 The insurance required' by Subparagraph
INSURANCE AND BONDS 11.1.1 shall be written for not less than limits of
liability specified in the Contract Documents or'
11.1 CONTRACTOR'S UABIUTY INSURANCE required by taw, whichever coverage Is greater.
Coverages, whether written on an occurrence or
11-1.1 The Contractor shall purchase from and claims-made basis, shall be maintained without
maintain in a company or companies lawfully interruption from date of commencement of fieWork
authorized to do business in the jurisdiction in which until date of final payment and termination of any
the Project is located such insurance as will protect coverage required to be maintained after final
the Contractor from claims set forth below which payment.
may arise out of or result from the Contractor's
operations under the Contract and for which the 11.1.3 Certificates of Insurance acceptable to the
Contractor may be legally liable, wheiher such Owner shall be filed with the Owner prior to
operations be by the Contractor 'or by a Subcontractor commencement of the Work. These Certificates and
or by anyone directly or indirectly employed by any the Insurance policies required by this Paragraph I 1.I
of them, or by anyone for whose acts any of them shall contain a provision- that coverages afforded
may be liable: under the policies will not be cancelled or allowed to
expire until am leat 30 days' prior written notice has
.1 claims under workers' or workmen's been given to the. Owner. If any of the foregoing
compensation, disability benefit and other insurance Coverages are required ID remain In force
similar employee benefit acts which are after final payment and are reasonably available, all
applicable to the Work to be performed; additional certificate evidencing continuhlion of such
.2 claims for damages because of bodily coverage shall be submitted with the final
injury, occupational sickness or disease, or Application for Payment as required by
death of the Contractor's employees; Subparagraph 9.10.2. Information concerning
ANA DOCUMENT AZ§I . GENItAL CONDITIONS OF THE COrTRACT FOR CONSlEUCTEON -- F.uvkrTWM EDITION - AlA -CrvIO lurT 1VE7 TilE AMIAICAN
-
INSTITJULI ARChBTECTS. 17I1 NEW YORK AVENUE N W. WASHINGTON o r l0iN.I31" WALNINO Uu&.ua phmmniq viffia, U . pp'.-,
OF tMO Isma" I
Electronic Document Service A201-1957 30
reduction of coverage shall be furnished, by the 11.3.1.2 If the Owner does not Intend to purchase
Contractor with reasonable promptness In accordance such property insurance required by the ContraI and
with the Contractors information and belief, with all of the cOverages In the amount described
above, the Owner shall so infonu the Conflctor in
11.2 OWNER'S LIABILITY INSURANCE writing prior to commencement of the Work. The
Contractor may then effect insurance which will
11.2.1 The Owner shall be responsible for prozectthelnterestsoftheConrctorSubontrfclor
purchasing and maintaining the Owner's usual and sub-subcontractors a the Work. andby
liability insurance. Optionally, the Owner may appropriate Change Order the cost thereof shall be
purchase and maintain other insurance for self- charged to the Owner. If the Contractor Is damaged
protection against claims -which may arise from -by the failure or negleec of the Owner to purchase or
bperations under the ContracL The Contractor shall maintain insurance as described above, without so
not be responsible for purchasing and maintaining notifying the Contractor, then the Ownr shall ber
this optional Owner's liability insurance unless all reasonable costs properly attributable *ento
specifically required by the Contrwt Docwnents.
11.3.1.3. If the property insurnce sequires minimum
11.3 PROPERTY INSURANCE deductibles and such deductibles -e identified in the
Contract Documents, the Contractor shall pay costs
11.3.1 Unless otherwise provided, the Owner shall not covered because of such, deductibles. If the -i
purchase and maintain, in a company or companies- - Owner, or insurer Increases th required minimum
lawfully authorized to do business in thejurlsdiction deductibles above the amounts so identified or if the
in which the Project is located, property insurance in Owncr elects to purchase this Insurance with
the amount of the Initial Contract Sum as well as voluntary deductible amounts, the Owner shall be
subsequent modifications thereto for the entire Work responsible for payment of the additional costs not
at the site on a replacement cost basis wilth,put covered because of such Increased or voluntary
voluntary deductibles. Such property Insurance shall deductibles. If deductibles are not identified in the
be maintained, unless otherwise provided in the Contract Documents, the Owner shall pay costs not
Contract Documents or otherwise agreed in writing covered because of deductibles.
by all persons and entities who ae beneficiarles of
such insurance, until final payment has been made as 11D3o14 Unless otherwise provided in the Contract
provided in Paragraph 9.10 or until no person or
entity other than the Owner has an Insurable interest portions of the Work stored off the site after written
In the property, required by this Paragraph 1 .3 to be approval of the Owner at the value established in the
covered, whichever is earlier approval, d also portions of the Work in trnusil
include interests of the Owner, the Contractor, 11.3.2 Boiler and Machinery Insuranee.
Subcontractors and Sub-subcontractors in the Work. The Owner shall purchase and maintain boiler and
11.3.1.1 Property insurnee shall be on an all-risk machinery Insurance required by the Codiract
policy form and shall insure against the perils of fire Documents or by law, which shall specifically cover
and extended coverage and physical loss or damage such insured objects during Installation and until
including, without duplication of coverage, theft, final acceptance by the Owner; this insurance shall
vandalism malicious mischief, collapse, frise-work,
1 include interests of the Owner, Contractor,
temporary buildings and debris removal including Subcontrictors and Sub-subcontractors Inthe Work,
demolition occasioned by enforcement of any and the Owner and Contractor shall be named
applicable legal requirements, and shall cover insureds.
reasonable compensation for Architecies services and 11.33 Loss of Use Insurance.
expenses required as a result of such insured loss.
Coverage ror other perils shall not be required unless The Owner, at the Owner's option, may purchase and
otherwise provided in the Contract Documents. maintain such insurance as will Insure the Owner
AlA DOCUMENT ASOI - GENERAL CONDITIONS OF THE CONTRACT FOt CONSTRUCTION . FOUI*UKNTN oIrIOs. LIA . CmTRImwT INI . THLE
AMRAICAN
IN3TITUTE OF ARCIUTECTS, 171$
NEWYOSM AVENUE N W. WASHINGTON D C 3OW-522 WARNING UW ph~smpFq yaI- U.S _mug law uS a mtgid'.
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Electronic Docurnent-Service A201-1987 31
against -loss of use of the Owners property due tofire other property insurance applicable to the Work,
0
or other hazards, however caused. The Owner except such rights as they kave'to proceeds of such
waives all rights of action against the Contractor for insurance held by the Owner. as fiduciary. The
loss or.use of the Owner's property, including OwnerorContractor. as appropriate, shall require of
consequential losses due to fire or other hazards the Architect., Architect's, consultants, separate
however caused. - contractors described in Article 6, If any, and the
11.3.4 If the Contractor requests*in writing that subcontractors, sub-subcontractors, agents and
insurance for risks other than those described herein employees of any or them, by appropriate agrenents,
or for other special hazards be included in the written where legally required for validity, similar
pptn if
sh, waivers each in favor of other parties'enumerated
possible, include such insurance, and the cost there of herein. The policies shall provide such waiver of
shall be charged to the Contraclor by appropriate iubroption by endorsement oroihenvbe A waiver
Change Order. of subrogation shall be effective -as to a person-or
entity even though that person or entity would
11.3.5 Irfduring the Project construction period the otherwise have a duty of indemnificatlon, contracual
Owner insures properties; real or personal or-both'- or otherwise, did 'not pay the insurance premium
adjoining or adjacent to the site by property directly or indirectly, and whether or not the person
insurance under policies separate from those insuring or entity had an insurable Inttrest in the property
the Project, or if after final payment property damaged.
insurance is to be provided on the completed Project --
through a policy or policies other than those insuring 11.3 A loss insured under Owner's property-
the Project during the construction period, the Owner insurance shall be adjusted by the Owner - fiduciary
shall waive all rights in accordance with the terms of and made payable to the Owner as fiduciary for the
Subparagraph 11.3.7 for damages caused byt rue or Insureds, as their interests may appear; subject to
other perils covered by this separate property requirements of any applicable mortgaWe clause and
insurance. All separate policies shall provide this of Subparagraph 11.3. 10. The Contractor shall pay
waiver of subrogation by endorsement or otherwise. Subconuactors their just shares orinswmnce proceeds
received by the Contractor, and by appropriate
11.3.6 Before an exposure to loss may occur, the agreements, written where legally required for
Owner shall file with the Contractor a copy of each validity, shall require Subcontractors to make
policy that includes insurance coverages required by payments to their Sub-subcontractors in similar
this Paragraph 11.3. Each policy shall contain all manner.
generally applicable conditions, definitions, 1
exclusions and endorsements related to this Project. 11.39 If required in writing by a party in intrest,
Each policy shall contain a provision that the policy the Owner as fiduciay shall, upon occurrence of an
will not be cancelled or allowed to expire until at insured loss, give bond for proper performe of the
least 30 days' prior written notice has been given to Owner's duties The cost of required bonds shall be
the Contractor, charged against proceeds received as fiduciary. The
Owner shall deposit in a separate account proceeds
11.3.7 Walvers of Subrogation. so received, which the Owner shall distribute in
The Owner and Contractor waive all rights against accordance with such agreement as the-parties In
(1) each other and any of their subcontractors, sub- interest may reach, or In accordance wish -an
subcontractors, agents and employees. each of the arbitration award in which. case the procedure shall
other, and (2) the Architect, Architect's consultants, be as provided In Paragraph 4.5. If after such loss no
separate contractors described In Article 6, if any; other special agreement is made, replacement of
and any of their subcontractors, sub-subcontractors, damaged property shall be covered by appropriate
agents and employees, for damages caused by fire or Change Order.
other perils to the extent covered by properly 11.3.10 The Owner as fiduciary shall have power to
insurance obtained pursuant to this Paragraph 11.3 or adjust and settle a loss with insurers unless one or the
AlA DOCUMENT Ail1 *GENESAI. CONDITIONS oF THE CONTRACT FOR COIITUUCTION FPOUTEENTH 3OtT(1N *AIA . rOPrIcT flu - THE AMERMAN
INSTITIUE OF ARCHITECTS. 171 NEW YORK AVNUE N W, WAIIINGTON D c UM-IM WARNING Ukha pb. .ng.wh.In amo kg
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Electronic Document Service A201-19t7 32
parties in inerest shall object In writing within five replaced at the Contractors expense without change
days after occurrence of loss to the OwnXes exercise In the Contract Time.
ofthispower:ifsuh objection be made, arbitrators 12 1.2 If a portion of the Work has been covered
shall be chosen as provided in Paragraph 4.5. The which the Architect has not specifically requested to
Owner as fiduciary shall, in that, case, make observe priorto its being coveted. the Architect may
settlement with insurers in accordance with req prorto Itsben oveed
-request to see such Work-and It the Arcect may
shall be uncovered
directions of such arbitrators. If distribution of by Ihe Contractor. If such Work is In accordance
insurance proceeds by arbitration is required, the with-the Contract Documents, costs. of uncovering
arbitrators nill direct such distribution. and replacement shall, by approjariate Change Order,
11.3.11 Partial occupancy or use in accordance with be charged to the Owner. If such Work is not in
Paragraph 9.9 shall not commence until the Insurance accordance with- the Contract- Documents. the
company or companies providing property i'nsurknce Contractor shall pay such casts unless the condition
have consented to'such partial occupancy or use by- was caused by the Owner orma separate contractor in
endorsement or otherwise. -The Owner and the which event the Owner shall be responsible for
Contractor shall take reasonable steps to obtain payment of such costs.
consent of the insurance company or companies and
shall, without mutual written consent, take no action 12.2 CORRECTION -OF WORK
with respect to partial occupancy or use that would
cause cancellation, lapse or reduction of insurance - ' 12.2.1 The Contractorshall promptly correct Work
rejected bythe Archittet or failnr to conformto the-
11.4 PERFORMANCE BOND AND PAYMENT requirements -of the Contract Documents, whether
BOND observed before or after Substantial Completion and
whether or not fabricated, installed or completed.
11.4.1 The Owner shall have the right to require the The Contractor shall bear costs of correcting such
Contractor to furnish bonds covering faithful rejected Work, including mdditional testing and
* performance of the Contract and payment of inspections and compensation for the Architect's
obligations arising thereunder as stipulated In bidding services and expenses made necessary thereby.
requirements or specifically required in the Contact 12.2.2 If. within one year aer the date of
Documents on the date of execution of the Contract. Substantial Completion of the Work or designated
11.4.2 Upon the request of any person or entity portion thereof, or after the date for commencement
appearing to be a. potential beneficiary of bonds of warranties established under Subparagraph .9. 1,
covering payment of obligations arising under the or' by terms of an applicable special warranty
Contract, the Contractor shall promptly furnish a required by the Contract Documents, any of the
copy of the bonds or shall permit a copy to be made. Work is found to be not In accordance with the
requirements of the Contract Documents, the
ARTICLE 12 Contractor shall correct it promptly after recelpt of
UNCOVERING AND CORRECTION OF written notice from the Owner to do so unless the
WORK Owner has previously given the Contractor a written
acceptance of such condition. This period of one
12.1 UNCOVERING OF WORK year shall be extended with respect to portions of
Work first performed after Substantial Completion by
12.1.1 If a portion of the Work is covered contrary' the period of time between Substantial Completion
to the Architect's request or to requirements and the actual performance of the Work. This
specifically expressed in the Contract Documents; it obligation- under 'this Subparagraph 12.2.2 shall
must, if required in writing by the Architect, be survive acceptance of the Work- under the Contract
uncovered for the Architect's observation and be and termination of the Contract. The Owner shall
, . - -- . .. .._...
.. ....__.....
,,._,
AlA DOCUMENT A3DI - CEBLRAL CONDITIONS OF THE CONTRACT FOR CONSRUCTION . POURTSESKTH DlION . AA- - CDPYKiOII . TIE AFIJKCAN
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INSTITUTE OF ACHITECTM 1735 NEW VORK AVENUE N W. WASIToNOIOK D C, 2e00.522 WAIRNINOUa.1, psuii. shE U S. cput;a A_ n m.pu l
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Document Service AZO01-1987 33
~~~~~~~~~~~~~~~Electronic
give such notice promptly after discovery of the Documents may. be sought to be enforced, nor to ihe
condition, time within which proceeding, may be commenced
12.2.3 The Contractor shall remove from the site to establish the Contractor's liability with respect to
portions of the Work which are not In accordance the Contracior's obligations other than specifically to
with the requirements of the Contract Documents and comet the Work
arc neither corrected by the Contractor nor accepted 12.3 ACCEPTANCE OF NONCONFORMING
by the Owner. WORK
12.2.4 If the Contractor fails to correct
nonconforming Work within a reasonable time, the - 12.3.1 If the Owner prefer to Dccept Work which is
Owner may correct it in accordance with Paragraph not in accordance with the requirements of the
2.4. If the Contractor does not proceed with Contract Documents,the Owner may do so instead of
correction of such nonconforming Work within a requiring its removal and correction, in which case
reasonable time fixed by written notice from the the Contract Sum will be reduced as appropriate and
Architect, the Owner may remove It and store the equitable. Such adjustment shall be effected whether
salvable materials or equipmentat the Contrcioes. -or not final payment has been made.
expense. If the Contractor does not pay costs of such
removal and storage within ten days after written ARTICLE 13
notice, the Owner may upon ten additional days' - MISCELLANEOUS PROVISIONS
written notice sell such materials and equipment at;
auction or at private sale and shall account rot the 13.1 GOVERNING LAW
proceeds thereof, after deducting costs and damages
that should have been borne by the Contractor, t3 1 whe tr cl shll canedb
including compensation for the Architect's services the place where the Project i locae
and expenses made necessary thereby. If such 13.2 SUCCESSORS AND ASSIGNS
proceeds of sale do not cover costs which the
Contractor should have borne, the Contract Sum shall
be reduced by the deficiency. If payments then or
13.2.1 The Owner and Contractor respectively bind
themselves, their-partners, successors, assigns and
9
thereafter due the Contractor are not sufficient to legal representatives to the outer party hereto and to
cover such amount, the Contractor shall pay the partners, successors,aZips and legal representatives
difference to the Owner. of such other party in respect to covenants,
12.2.5 The Contractor shall bear the cost of agreements and obligations conted In the Contract
correcting destroyed or damaged constructionr, Documents. Neither party to the Contract shall
whether completed or partially completed, of the assign the Contract as a whole without written
Owner or separate contractors caused by the consent of the other. I[elther partyattempts to make
Contractor's correction or removal of Work which is such an assignment without such consent, thaz party
not in accordance with the requirements of the shall nevertheless remain legally responsible for all
Contract Documents. obligations under the Contract
12,2.6 Nothing contained in this Paragraph 12.2 13.3 WRITTEN NOTICE
shall be construed to establish a period of limitation
with respect to other obligations which the 13.3.1 Written notice shall be deemed to have been
Contractor might have under the Contract dulyserved ifdelivered Inperson to the Individual of
Documents. Establishment of the time period of one a member of the firm or entity or to an officer of the
year as described in Subparagraph 12.2.2 relates only corporation for which it was intended, or If delivered
to the specific obligation of the Contractor to correct at or sent by registered or-certified mail to the last
the Work, and has no relationship to the time within business address known to the party giving notice.
which the obligation to comply with the Contract
ASA DOCUMENT A301 - GENERAL CONDITEONE OF THE CONTRACT FOR CONSTRUCTION,. FOURTEEN" IDITION - AIA . COPYRIORT En? . THU AMflRIAi
INSTITUTE OF ARCIIITECTS 31735
NEW YORK AVUNUE N.W,. WASIIIIPOTON O ]D1W519i2 WARIINOG L.Iomud plainpyeg vision U I efhwIon NWd _ha -
ii
Electronic Document Service A201-1987 34
13.4 RIGHTS AND REMEDIES 13.5.3 If such procedures for testing, inspection or
approval under Subparagraphs 13.5I1 and 13.S2
13.4,1 Duties and obligations imposed by the reveal failure of the portions of the Work to comply
Contract Documents and fights and remedies with requirements established by the Contract
available thereunder shall be in addition to and not a Document, the Contractor shall bear all costs made
limitation of duties, obligations, rights and remedies necessary by such failure including those of repeated
otherwise imposed or available by law. procedures and compensation for the Architect's
13.4.2 No action or failure to act by the Owner, serviaW andexpenses
Architect or Contractor shall constitute a waiver of a - 13.6.4 Required certificates of testing, inspection or
right or duty, afforded them under the Contract, nor approval shall, unless otherwise required by the
shall such action or failure to acl constitute approval Contract 'Documents. be secured by the Contractor
of-or acquiescence in a breach thereunder, except as. and promptly delivered to the Architect.
may be specifically agreed in writing. 13.6.6 If the Architect Is to observe tests, inspections
13.5 TESTS AND INSPECTIONS' or approvals required by the Contract Documents, the
Architect will-do so promptly and, where practicable,
13.5.1 Tests, inspections and approvals of portions at the normal place of testing.
of the Work required by the Contract Documents or, 13.5.6 Tests or inspections conducted pursuant to
by laws, ordinances, rules, regulations or orders of the Contract Documents shall be. made promptly- to;- -
public authorities having jurisdiction shall be made at-, avoid uireasonabio.delay in the Work.
an appropriate time Unless otherwise provided, the
Contractor shall make arrangements for such tests, 13.6 INTEREST
inspections and approvals with an independent
testing laboratory or entity acceptable to the Owner, 13.6.1 Payments due and unpaid under the Contract
or with the appropriate public authority, and shill Documents shall bear interest from the date payment
. bear all related costs of tests, inspections and
approvals. The Contractor shall give the Architect
is due at such rate as the parties may agree upon in
writing or, In the absence thereof, at the legal rate
timely notice -of when and where tests and prevailing from time to time at the place where the
inspections are to be made so the Architect' may Project is located.
observe such procedures. The Owner shall bear costs
of tests, inspections or approvals which do not 13.7 COMMENCEMENT OF STATUTORY
become requirements until after bids are received or LIMITATION PERIOD
negotiations concluded.
c13.7.1 As between the Owner and Contractor:
13.6.2 If the Architect. Owner or public authorities
having jurisdiction determine that portions of the .1 Before SubstantIal Completion
Work require additional testing, inspection or As to acts or failures lo act occurring prior to the
approval not included under Subparagraph 13.5.1, the relevant date of Substantial Completion. any
Architect will, upon written authorization from the applicable statute of limitations shall commence to
Owner, instruct the Contractor to make arrangements run and any alleged cause of action shall be deemed
for such additional testing, inspection or approval by to have accrued In any and all events not later than
an entity acceptable to the Owner, and the Contractor such date of Substantial Completion;
shall give timely notice to the Architect of when and .2 Between SubstantIal Complutlon
where tests 'and inspections are to be made so the and FInal Certificate ir Payment
Architect may observe such procedures. The O*ner
shall bear such costs except as provided in As to acts or failures to act occurring subsequent to
Subparagraph 13.5.3. the-relevant dateof Subsraitial Completion and prior
to issuance of the final Certificate for Payment, any
applicable statute of limitations shall commence to
AIA DOCUMENT A2OI - GaNERAL CONDITIONS oF THE CONTRACT FM CONSTRUCTION . FOURTEENTH DmanO -AlA . COPYRIQTII ? .THi AMERICAN
INSTITUTE OF ARCHITECTS. Ins NYORi AYVNUE NW WASHINGTON DC e1-.SI2 WARNINO. UdIim.S pDq
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Electronic Document Service A201-1987 35
run and any alleged cause of action shall be deemed .4 it repeated suspensions, delays or
to have accrued in any and all events not later than interruptions by the Owner -s described in
the date of issuance of the final Certificate for Paragraph 14.3 constitute in the aggregate
Payment; and mor than l00 percent of the tomt number of
.3 After Final Certificate for PaymentL days scheduled for completion, or 120 days
in any 365-day period, whichever is less; or
As to acts or failures to act occurring after the f - t
relevant date of issuance of the final Certificate for Contractor promptly, upon the Contractoes
Payment, any applicable statute of limitations shall
commence to run and any alleged cause of action request reasonable evidence as required by
shall be deemed to have accrued inyIny and all events Sub h 21
not later than the date of any acto r fallure to act by. '1.1 i If one of the above reasons exists, the
the Contractor pursuant to any warranty provided Contractor may,. upon .seven addltional.days' written
under Paragraph 3.5. the date of any correction or the notice to the Owner and Architect, terminate the
Work or failure to correct the Work by the Contractor Contract and recover from the Owner payment for
under Paragraph 12.2, .or the date of actual Work executed and for proven lossiwith'respect to
commission of any other act or failure to perform any materials, equipment, tools, and construction
duty or obligation by the Contractor or Owner, equipment and machinery,.including reasonable
whichever occurs-last;. overhead, profit saddamages.;
ARTICLE 14 14.1A [te
f Work is stopped for a period of 60 days:
ARTICLE
14 ~~~through no act or fault of the Contractor or a'
TERMINATION OR SUSPENSION Subcontractor or their agents or employees or any
OF THE CONTRACT other persons performing portions of the Work under
contract with the Contractor because the Owner has
14.1 TERMINATION BY THE CONTRACTO~w persistently failed to fulfill the Owners obligations
14.1.1 The Contractor may terminate the Contract if
the Work is stopped for a period of 30 days thiough
under the Contrct Documents with respect to
matters important so the progress of the Work, the
a
W
no act or fault of the Contractor or a Subcontractor. Contractor may; upon seven additional days' written
Sub-subcontractor or their agents or employees or notice to the Owner nd the Architect, terminate the
any other persons performing portions of the Workc Contract and recover from the Owner as provided in
under contract with the Contractor, for any of the paragr 1
following resons: . 14.2 TERMINATION BY THE OWNER FOR
.1 Issuance of an order of a court or other CAUSE
public authority having jurisdiction;
14.2-1 The Owner may terminate the Contract if the
.2 an act of government, such as a Contractor:
declaration of national emergency, making
material unavailable; .1 persistently or repeatedly refuses or Fails
- - to supply enough properly skilled workers or
,3 because the Architect has not issued a proper materials;
Certificate for Payment and has not notified
the Contractor of the reason for withholding .2 falls to make payment to .Subconnacrors
certification as provided in Subparagraph For materials or-labor in accordance with the
9.4.1, or because the Owner has not made respective agreements between the
payment on a Certificate for Payment within Contractor and the Subcontractors;
the time stated in the Contract Documents '3 persistently disregards laws,-ordinances,
or rules, regulations or orders of a public
authority-having jurisdiction; or
AlA bOCUNIINT AiM. - GENERAL CONDITIONS OF SHE CONTR^CT FOR COrSTmucflON FOURTEETH EDITION . AMA r
- COPYRIUT II?. AMRIrAt' aflt
INSTITUTEOF A&CHnTrTS* InS NEW YOLK AVUS NW. WASHINGTON DC wMa59 WARND4 w.16 rS _Uv mpywgMh-awn.
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* . ~~Electronic Document Service A201- 1987 36 _
difference to Ike Owner. The amount to be paid to
.4 otherwise is guilty of substantial breach of the Contractor or Owner. a e case may be, shall be
a provision orthe Contract Documents. certified by the Archilect upon application, and this
14.2.2 When any of the above reasons exist, the obligaion for payment shal survive termnation or
Owner. upon certification by the Architect that the Contact
sufficient cause exists to justify such action, may 14.3 SUSPENSION BY THE OWNER
without prejudice to any other rights or remedies of FOR CONVENIENCE
the Owner and after giving the Contractor and the
Contractors surety, if any, seven days' written notice, 14.3.1 The Owner may, without cause. order the
terminate employment of the Contractor and may, Contractor In writing to suspend, delay or Interrupt
subject to any prior rights of the surety: the Work in whole or-ln part for such period of time
.1 take possession of the silo and of all as the Owner may determine.
materials, equipment tools, and construction- 14.3.2 An adjustment shall be made (or increase In -
equipment and machinery thereon owned, by the cost of performance of the Contract, Including
the Contractor; profit on the lncreasedcost of performance, caused
.2 accept assignment of subcontracts by suspension, delay or interruption. No adjustment
pursuant to Paragraph 5.4; and shall be made lo the xwent:
.3 finish the Work by whatever reasonable .1 that performance is,' was or would have:
method the Owner may deem expedient: becwmso suspended; delayed or-interrupted by--.
14.2.3 When the Owner termltnatestheeContract forrepnil;o another cause for which the Contractor Is
one of the reasons statetd in Subparagraph 14.2.1, the
Contractor shall not be entitled to receive further .2 that an equitable adjustment is made or
payment until the Work is finished. denied under another provision of this
14.2.4 If the unpaid balance of the Contract Sum Contract
* exceeds costs of finishing the Work, including 14.3.3 Adjustments made in the cost of pufbrnupc
compensation for the Architect's services and may have a mutually agreed fixed or percentage fee.
expenses made necessary thereby, such excess shall
be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the
.~~~~~~~~~~~~~~~~.
Ala DOCUMENT ARCH OENERAL CONDITIONS OF TilE CONTRACT FOR CONSTRUCTION
. OUAPMIl EDITlON . AIA . CWOFYSIT l'sT . TAIER
UCAN
INTVTTE OF AUCllrIMCTI EI'S N1W YORK AVENUE N W.. WASHINGTON D C R.259 WARNING Uhasmad pbaqpa .Sa U 5 mwirlyt km md NO-J k
S Electronic Document Service A201-1917 37
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GENERAL AND SUPPLEMENTARY GENERAL COND ONS
OF THE CONTRACT FOR BUILDING CONSTRUCTION
GEEAL C ''fQN
The General Conditions of the Contract for Construction (AIA Document A201, 1987 Edition,
hereinafter referred to as the "General Conditions", are hereby made part of this Project
Manual to the same extent as if contained herein in full, except as modified, amended, revised,
rescinded or supplemented by the Supplementary General Conditions. The Supplementary
General Conditions shall take precedence in all cases of conflicting requirements. Those
portions of the AIA General Conditions which are not altered, modified, amended, or
rescinded by the following paragraphs shall remain in full force and effect as published.
Copies of the 1987 Edition of ALA Document A201 may be examined at the City of Dallas
Department of Public Works or the Architect/Engineer's Office. The ALA General Conditions
Document A201, 1987 Edition may be purchased at a nominal charge from the AIA Bookstore
at 2811 McKinney, Suite 218, L.B.104, Dallas, Texas, 75204-2537, from The American Institute of
Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006, from the Texas Society of
Architects, 2121 Austin National Bank Tower, Austin, Texas 78701 and from the offices of te
Assodation of General Contractors, 11111 Steammons Freeway, Dallas, Texas 759.
SUPPLEMENTARY GENERALCQNDSQNS
The above referenced General Conditions are hereby revised and modified as follows,
1.1 BAS DEFNaN
1.1.1 Eliminate the last sentence of his paragraph and substitute the following
"The Contract Documents also include Bidding Documents such as the
Instructions to Bidders, sample forms, the Contractor's Bid and portions of
Addenda relating to any of these, and any other documents specifically
enumerated in the Owner-Contractor Agreement"
Also delete the words "Construction Change Directive" in this paragraph.
1.2 EXECufloN.cANEDLAI VANDtE
Add the following paragraphs to this section;
"1.2.6 The Drawings and Specifications are intended to agree with one another, and Work
called for by Drawings and not mentioned in Specifications, or vice versa, shall be
furnished as if set forth by both. Specifications shall govern materials, methods and
quality of work. In the event of a conflict on the Drawings between scale and
dimension, figured dimensions shall govern over scale dimensions and large scale
(06101/94 Edition) S.G.C. Page 1/37
drawings shall govern over small scale drawings. Conflict between two or more
dimensions applying to a common point shall be referred to the Architect for final
adjustment. If discrepancies or conflicts occur within or between the Drawings and
Specifications, the Contractor shall not work without clarification from the Architect
and resolution by Owner. The Owner's decision as to the appropriate resolution of a
conflict or discrepancy shall be final."
"12.7 Deviations from Contract Documents shall be made only after written approval is
obtained from Architect and Owner, as provided In Article? ."
"1.2.8 The intention of the Contract Documents Is to include all materials, labor, tools,
equipment, utilities, appliances, accessories, services, transportation and supervision
required to completely perform the fabrication, erection and execution of the Work in
its final position.
"1.2.9 As used in the Contract Documents, the term 'provide' shall mean to provide complete
in place, i.e. to furnish, install, fabricate, deliver and erect, including all services,
materials, appurtenances and other expenses to complete in lace, ready for operation
or use. As used in the Contract Documents, the term 'shall' hall mean the action of the
party in question is mandatory. As used in the Contract Documents, the term 'as
required' shall mean as prescribed by the Contract Documents. As used in the Contract
Documents, the term as necessary' shall mean all action essential or necessary to
complete the work in accordance with the Contract Documents and applicable laws.
1.3 OWNERSHW AND USE OF ARCHIECT'S DRAWINGS. SPECIFCATIONS AND
1.3.1 is changed in its entirety to read as follows:
"All Drawings, Specifications and copies hereof furnished by the Architect are and
shall remain the property of the City of Dallas, and with the exception of the
Contract set for each party to the Contract, are to be returned to the City upon request
at the completion of the Work"
ARTICLE 2- OWNE
2.1 DEFIION
2.1.1 Delete the first seven (7) words and substitute the following
The Owner is the City of Dallas, a Texas municipal corporation and is .. '
2.142 Delete this paragraph in its entirety.
2.2 i A
2.2.2 Delete this paragraph in its entirety and substitute the following:
(06/01/94 Edition) S.G.C. Page 2/37
"The Owner shall furnish all surveys describing the physical characteristics, legal limits,
utility locations, and a permanent bnarkfor the site of the PrAject"
2.2.4 Add the following at the end of the paragraph.
*'It is incumbent upon the Contractor to Idenftif, establish and maintain a schedule
of latest dates, as required in Paragraph 3.10, including when such Infrmaton or
services must be delivered. If Owner delivers the informadion or services to the
Contractor as scheduled and Contractor is not prepared to accept or act on such
information or services, then Contractor shall reimburse Owner for all extra costs of
holding, storage or retention, including redelivers."
2.2.5 Delete this paragraph in its entirety and substitute the following:
"Unless otherwise rovided in the Contract Documents, the Contractor will be
furnished, free of charge, up to twenty (20) sets of Drawings and Specifications, In
addition to the Contract set, upon execution of the Contract, and up to four (4) copies
of all Supplementary Drawings and Specifications issued thereafter. Contractor may
obtain adfdtional copies by paying the cost of additional printing or reproduction."
Add the following paragraph:
'22.7 The Owner shall forward all instructions to the Contractor through the Architect, except
for; (1) the initial Work Order; and (2) the Owner's Notice to Carry Out Work as
described in Article 24."
2.3 OWNER'S RIGHT M SUO& H WORK
23.1 Delete the word "persistently" in the third line and substitute the words "refuses oe' in
lieu thereof.
2.i OWESRGTI A OTTEWR
2.4.1 Delete this paragraph in its entirety and substitute the foliowing
"If the Contractor defaults, neglects to carry out the Work, or fails or refuses to
perform any of the terms, covenants or obligations of the Contract Documents, and
falls or refuses to correct such default, neglect, failure or refusal with diligence and
prompbiess within fourteen (14) days after receipt of notice from Owner, te Owner
may, without affecting any other contractual, legal or equitable remedies the Owner
has, correct such deficiencies. In that case, an appropriate Change Order will be issued
deducting the Owner's cost of correction, including Architect's compensation for
addit=iial services and expenses made necessary by the default, neglect, failure or
refusal, from payments then or thereafter due to the Contractor. The cost of correction
is subject to verification by the Architect. If payments then or thereafter due the
Contractor are not sufficient to cover the cost of correction, the Contractor shall pay the
difference to the Owner."
(06/01/94 Edition) S.G.C. Page 3/37
3.2 REVIEW OF CONT T CUbENTS AND FIELD CONTIONS BY
CONTRAC=O
3.2.1 Delete these paragraphs In their entirety and substitute and the following:
and
3.2.2
'The Contractor shall carefully check, study and compare the Contract Documents
with each other and shall at once report to the Architect any error, omission, conflict
or discrepancy he may discover, The Contractor shall also verify all dimensions, field
measurements and field tonditlons before laying out the Work. The Contractor will be
held responsible for any stibsequent error, omission, conflict or discrepancy which
might have been avoided by the above described check, study and comparison. In the
event Contractor continues to work on ar item where an error, oiqssion, conflict or
discrepancy exists without clarification or resolution or commences work on an item
without raising an error, omission, conflict or discrepancy that might have been
avoided by the check, study and comparison required above, it shall be deemed that
the Contractor bid and intended to execute the more stringent or higher quality
. requirement, or accepted the condition as Is in the Contract Documents, without any
increase to the Contract Sum or Contract Time. The Contractor shall also be resposibe
to correct any failure of component parts to coordinate or fit properly into final position
as a result of Contractor's failure to raise or resolve an error, omission, conflict or
discrepancy, without increase to the Contract Sum or Contract Time."
Add the following paragraphs;
"3.24 Contractor shall first lay out all Work to the overall dimensions and then subdivide it
into the smallest increments. If the Contractor discovers a conflict between the overall
and the smaller increments, the Contractor shall not proceed with the Work without
clarification from the Architect and resolution by the Owner.
3.2.5 Although the Drawings are drawn to scale as may be indicated, and the dimensions
given thereon, It is understood that in remodeling or reconstruction work, or in fitting
Work to existing conditions, that the Contractor must work within such exdsting
measurements and conditions; the Contractor shall refer any conflict in this regard to
the Architect for adjustment"
33 _
3.3.2 Add the following at the end of the paragraph:
"All labor shall be performed by mechanics skilled in their respective trades.
Standards of work required throughout shall be of a quality that will bring only first
class results. Mechanics whose work is unsatisfactory, or who are considered
careless, incompetent, unskilled or otherwise objectionable shall be instantly
dismissed from the Work and immediately replaced with competent, skilled
(06/01/94 Edition) S.G.C. Page 4/37
personnel. Any part of the Work adversely affected by incropetent, unskilled,
careless or objectionable personnel removed shall be Immediately corrected."
3.3.4 Add the following sentence at the end of the paragraph.
'The Contractor's responsibility under his- paragraph will not in any way eliminate
the Architect's responsibility to the Owner under the Architect/Owner Agreement."
Add the following paragraphs:
"33.5 Any Contractor, Subcontractor, Sub-subcontractor or separate contractor who
commences work over, in or under any surface prepared by any other contractor,
subcontractor, sub-subcontractor or separate contractor without reporting to the
Architect any faulty surface or condition in the surface that prevents the quality of
workmanship specied by the Contract Documents is deemed to have accepted the
surface or condition in the surface as satisfactory at the commencement of such work.
Any unsatisfactory work subsequently resulting from a faulty surface or condition in
the surface may be rejected and replacement required, without any increase to the
Contract Sum or Contract Time.
3.3.6 All grades, lines, levels and benchmarks shall be established and maintained by the
Contractor who shall be responsible for same. Each prime Contractor for his own
Work shall verify all grades, bnes, levels and dimensions as indicated on Drawings. He
shall report any errors, omissions, conflicts or inconsstencies to Architect before
commencing Work Contractor shall establish and safeguard benchmarks in at least
two widely separated places, and as Work progresses, establish benchmarks at each
level and lay out partitions on rough floor In exact locations as guides to all bades.
Contractor shall, from the benchmark provided by Owner, establish and maintain
adequate horizontal and vertical control.'
3.4 LABORAMAIMWAL
Add the following paragraph at the end of this section:
r.3A3 The Contractor shall give preference to all labor hired for the Project in the following
order:
(1) To bona fide residents of the City of Dallas, Texas
(2) To bona fide residents of the County of Dallas, Texas
(3) To bona fide residents of the State of Texas
(4) To bona fide residents of the United States
provided that these preferences shall apply only when qualified labor is available to
perform the work to which the employment relates."
(06/01/94 Edition) S.G.C. Page 5/37
3.5 W&EBANfl
3.5.1 Delete the first sentence and substitute the following:
"TheContractor warrants to the Owner that all Work shall be accomplished in a good
and workmanlike manner and that all materials and equipment furnisthe
Contract will be of good quality, new (unless otherwise specified), and free from faults
or defects, and that the Work will otherwise conform to the Contrac Donts."
3.6 IAXES
3.6.1 Add the following at the and of paragraph:
"The Owner qualifies for exemption from state and local sales and use taxes,
pursuant to the provisions of Section 151.309 of the Texas Tax Code, as amended
Therefore, the Owner shall not be liable for, or pay the Contraqtor's cost of, such
sales and use taxes which would otherwise be payable in connection with the
purchase of tangible personal property furnished and incorporated into the real
property being improved under the Contract Documents or the purchase of
rnaterials, supplies and other tangible personal property, other than machinery or
equipment and its accessories and repair and replacement parts, necessary and
essential for performance of the Cohtract which is to be completely consumed at the
job site. The Contractor shall issue an exemption certificate in lieu of the tax on such
purchases."
3.7 fEE.& -ff
EgE&ANT&QflCHS
3.7.1 Delete this paragraph in its entirety and substitute the following:
"The Architect will apply and arrange for the issuance of the City of Dallas
Building Permit. The Contractor and Subcontractors will apply and arrange for the
issuance of all other required permits, and will not be re e to pay a fee for any
City of Dallas permits required for the Project. The City of as will pay all pro-rats
charges, induding tap fees, assessed by the Water Utilities Department'
3.8 ALLOWANCE
3.8.2.2 In that sentence delete the words hand all required taxes" and substitute the words 'less
all exempted taxes and".
3.10
3.10.1 Delete hiss paragraph in its entirety and substitute the following:
"The Contractor, immediately after award of the Contract and before submittal of
the first payment estimate, shall prepare and submit the construction schedule for
the Architect's and Owner's information and approval.
(06/01/94 Edition) S.G.C. Page 6/37
.1 The construction schedule shill not exceed time limits current under the
Contract Documents and shall provide for expeditious and practicable
execution of the Work.
.2 The construction schedule shall include all shop drawing and submittal
data requirements, Indicating for each: (a) the latest date to be submitted
by Contractor; and (1$the latest date for approval by Architect
.3 The construction schedule shall be in the form of a critical path
management schedule, and shall Indicate each critical task (the
'predecessor') of all the maor construction activities of the Work in a
logical and sequential orer (the 'project network') which requires
completion prior to commencement of he following task (the 'successoe).
Each task shall be tagged with (a) actual work time, exclusive of slack
time, for accomplishment; (1$the latest start date; (c) the last finish date;
(d) the volume of that task, includinf all material and labor assodated
therewith; and (e) percentage of comp eton.
.4 The construction schedule shall be revised and updated to reflect the
actual status of the Work with each Application for Payment.
.5 Costs incurred by the Contractor in preparing and maintaining the
required construction schedule will not be paid separately and shall be
iudedin the Contract Sum.
.6 The Contract Sum is deemed to be based upon a construction schedule
requrng the full Contract Time. No claim for additional compensation
shill be allowed as a result of the Contractor basing his bid on an early
completion schedule, or as a result of delays and costs attributable to
completion later than the planned early completion date."
3.10,3 At the end of the sentence, add the words "approved as to form by Architect and
Owner."
3.10.4 Add the following paragraph after 3.10.3:
"If Work falls behind the construction schedule, the Contractor shall take such steps
as may be necessary to improve his proges, anthe Architect and the Owner m-ay
require him to Increase the number of shifts, overtime operations, days of work
and/or the amount of construction plant, and to submdt for approval revised
schedules in the form required above in order to demonstrate the manner In which
the agreed rate of progress will be regained, all without additional cost to the Owner,"
3.12
3.12.7 Add the following sentence at the end of the paragraph:
(06/01/94 Edition) S.G.C. Page 7/37
"The Contractor's attention is directed to Paragraph 3.2 of the General and
Supplementary General Conditions."
3.128 Delete this paragraph in its entirety and substitute the foliowing
"The Contractor shall not be relieved of responsibility for deviations, substitutions,
changes, additions, deletions or omissions from requirements of the Contract
Documents by the Architect's approval of Shop Dra , Product Data, Samples or
similar submitals unless the Contractor has specificalLy informed the Architect in
writing of such substitutions, changes, additions, deletion, omissions or deviations
at the time of submittal and the Architect, subject to a formal Change Order signed
by the Owner, Architect and Contractor, has given written approval to the specific
substitutions, changes, -additions, deletions, omissions or deviations. The Contractor
shall not be relieved of responsibility for errors or omissions In Shop Drawings, Product
Data, Samples or similar submittals by the Architectes approval thereof. Further,
Contractor shall be responsible for all associated Project costs, including costs of
coordinations, modifications and/or impacts, direct and/or Indirect, resulting from any
and all substitutions, changes, additions, deletions, omissions or deviaons, whether
specifically identified by Contractor to Architect or not at time of aforementioned
submittals, including additional consulting fees, if any, in any and all accommodations
associated with such substitutions, changes, additions, deletions, omissions or
deviations to the requirements of the Contract Documents."
3.17 SOWAL 1ANDf
3.17.1 Delete this paragraph in its entirety and substitute the following:
'The Contractor shall pay all royalties and license fees. Contractor shall completely
defend, indemnify and hold Owner and Architect harmless from any and all suits or
claims for infringement of patent rights, REGARDLESS OF WHETHER OR NOT
OWNER OR ARCHITECT SPECIFIED A PARTICULAR DESIGN, PROCESS OR
PRODUCT IN THE CONTRACT DOCUMENTS THAT MAY BE THE SUBJECT OF
A PATENT INFRINGEMENT OR OTHERWISE ACTIVELY INDUCED OR
CONTRIBUTED TO THE INFRINGEMENT. In the event the Contractor has reason
to believe that a particular design, process or product specified infringes a patent, the
Contractor shall immediately notify Owner and Architect of same."
3.18 Z N ICATIN
3.18.1 Delete this paragraph In its entirety and substitute the following
"Contractor agrees to defend, indemnify and hold Owner, its officers, agents and
employees, and the Architect, harmless against any and all claims, lawsuits,
judgments, fines, penalties, costs and expenses for personal injury (including deat,
property damage or other harm or violations for which recovery of damag fines or
penalties Is sought, suffered by any person or persons, that may arise out of or be
occasioned by Contractor's breach of any of the terms or provisions of this Contract,
(06/01/94 Edition) S.G.C Page 8/37
violations of law, or by any negligent, grossly negligent or strlctly liable act or
omission of Contractor, its officers, agents, employees or subcontractors, in the
performance of this Contract; except that the indemnity provided fork this paragraph
shall not apply to any liability resulting from the mole negligence or fault of Owner,
Its officers, agents, employees or separate contractors, or the Arhitlect and in the
event of joint and concurrent negligce or fault of the Contractor, the Owner, and
the Architect, responsibility and ilndemnty any, shall be apportioned In accordance
with the law of the State of Texas, without, however, waiving any governmental
immunity available to the Owner under Texas law and without waiving any defenses
of the parties under Texas law. The provisions of this paragraph are solely for the
benefit of the parties hereto and are not intended to create or grant any rights,
contractual or otherwise to any other person or entily."
3.18.3 Delete this paragraph in its entirety. -
AMICE 4 - A1DMIS-TRATION OF THE CONTRACT
4.1 ARCEM1IE 1
4.1.2 Delete this paragraph In its entirety.
4.1.3 Delete this paragraph in its entirety and substitute the following.
"In the event the Architect's employment is terminated, the Owner may, at its
option, contract with a new outside architect to replace the former, or may designate
a qualified Owner representative to serve as the Architect. The replacement
Ardhitect, whether the Owner or another person or entity, shall be regarded as the
Architect for ail purposes under the Contract Documents and shall be accorded that
same status by the Contractor. Any dispute in connection with such appointment
shall be reviewed and settled by the City Councl of the City of Dallas, whose
decision shall be final and binding."
4.1.4 Delete this paragraph in its entirety.
4.2 AO
4.2.1 Delete this paragraph in its entirety and substitute the following:
'TMe Architect will administer the Contract as described in the Contract Documents
and in accordance with the terms -of the Architect's agreement wit the Owner, where
applicable, subject to the direction and approval oFthe Owner. If requested by the
Contractor, the provisions of the Owner/Architect Agreement will be made available
to the Contractor."
4.2.2 is changed in the first sentence to read as follows:
'The Architect and the Owner. .. "
(06/01/94 Edition) S.G.C. Page 9137
4.23 Change te reference to 'The Architect .. in the first, second and third sentences to
read 'The Archtect and the Owner ..
4.2.7 In the second sentence, delete the words "while allowing sufficient time In the
Architect's professional judgment to permit adequate review."
4.2.8 In this sentence, delete the words "and Construction Change Directives, and change the
words 'aragraph 7.4" to "Paragraph 7.2."
4.2.11 In the first sentence, change the words "decide rnatters" to "make recommerdations to
the Owner." Delete the last sentence in this paragraph.
4.2.12 Delete the last sentence of this paragraph.
4.2.13 Add these words at the end of the sentence:
"... providing the Architect has prior concurrence from the Owner."'
4.3 AND
CLAIMMI mlT
KDS
4.3.1 Delete this paragraph in its entirety and substitute the following:
"Except where otherwise provided in the Contract Documents, claims by the
Contractor, whether for damages, additional compensation, additional timie or other
reasons, including but not limited to concealed conditions, must be made by written
notice to the Architect and the owner within fourteen (14) days after occurrence of the
a
event or events giving rise to the particular claim Every claim, whethar for damages,
additional compensation, additional time or other reasons, including but not limited to
concealed conditions, shall be signed and sworn to by an authorized corporate officer (if
not a corporation, then an official of the company authorized to bind the Contractor by
his signature) of the Contractor, verifying the truth and accuracy of the claim. Such
verification shall be a condition predecent to the acceptbility of any claim asserted by
the Contractor. The responsibility to substantiate a claim rests with the Contractor.
THE CONTRACTOR SMIALL BE DEEMED TO HAVE WAIVED ANY CLAIM NOT
MADE STRICTLY IN ACCORDANCE WITH THE PROCEDURE AND TIME
LIMITS SET OUT IN THIS PARAGRAPH"
432 Delete this paragraph and substitute the following paragraph:
"Claims, disputes and other matters in question between the Contractor and the
Owner relating to the progress or execution of the Work or the interpretation of the
Contract Documents shall be referred to the Architect for reconmmendation to the
Owner, which recommendation he will furnish in writing within a reasonable time,
provided proper and adequate substantiation has been received."
4.3.3 Delete this paragraph in its entirety.
(06/01/94 Edition) S.G.C. Page 10/37
43.4 In this sentence, delete the words "induding arbitration, unless otherwise agreed in
writing."
43.5 Add the following provision 43.5.4k
4. faulty or defective work appearing after Substantial Completion;"
4.3.6 Delete this paragraph in its entirety and substitute the following
"If (1) concealed subsurface conditions are encountered in the course of performance of
the Work, (2) concealed or unknown conditions In an existing structim are at variance
with conditions indicated by. the Contract Documents, or (3) unknown physical
conditions are encountered below the surface of te Found In an existing structure
which are of an unusual nature and materially different from those ordinarily
encountered and generally recognized as inherent in the character of the Work, the
Contract Sum may be adjusted if the Owner and the Architect determine that (a) the
Contractor used reasonable diligence to fully inspect the work site, and (b) the
concealed items can be considered extra work to the extent that additional new
construction beyond the scope of the Contract Documents is required. Oherwise, any
cost adjustment associated with the concealed items will not be considered. JOBSITE
INFORMATION AND REPORTS PRQVIDED BY THE OWNER AND/OR
ARCHITECT IN THE PROJECa MANUAL OR BY OTHER MEANS SHALL DE
UTILIZED DY THE CONTRACTOR AT HIS OWN RISK, AND OWNER AND
ARCHITECT NEITHER GUARANTEE NOR WARRANT ANY INFORMATION
SHOWN THREAI"
4.3.7 Delete the last sentence of this paragraph and substitute the following paragraph:
"The Contractor's request for an increase in the Contract Sum for any reason other
than work performed under emergency conditions shall be made far enough in
advance of required work to allow the owner and the Architect a sufficient time in
accordance with he construction schedule to review the request, prepare and
distribute such additional documents as may be necessary to obtain suitable
estimates and/or proeosals and to negotiate, execute and diesbute a Change Order
for the required work.
4.3,8 Delete his section in its entirety.
43.9 Delete this paragraph and substitute the following paragraph:
'If the Contractor suffers injury or damages to person or property because of an act
or omission of the Owner, or any of the Owner's officers, employees or agents,
written, sworn-to notice of any claim for damages or njury shall be given as
provided in Paragraph 4.3.1. The notice shall provide suficient detil to enable te
Architect and the Ownher to investigate the matter."
4.4 and 4.5 are deleted in their entirety.
(06/01/94 Edition) S.G.C. Page 11/37
ARTICLE 5L- IBCACE5
5.2
5.2.1 Delete the first sentence from this paragraph and substitute the following:
"Immediately after the award of the Contract by the Owner, and before the
Agreement is signed by the Contractor and the Owner, the Contractor shall furnish
to the Architect in writings for acceptance by the Owner and the Architect, a list of
the names, addresses, telephone numbers, MBE certificauon numbers (where
applicable), and type of work of the Subcontractots or suppliers (including those w h o
are to furnish materials or equipment fabricated to a special design), proposed for the
principal portions of the Work, including furnishings when made a part of the Contract.
The Contractor shall Immediately notify the Owner in writing of any changes In the list
as they occur.'
5.2.3 Delete this paragraph and substitute the following
"The Contractor shall not contract with any Subcontractor or any person or
organization for any portion of the Work, Including those who are to furnish
materials or equipment fabricated to a special design, who has not been accepted by
the Owner and the Architect. Architect's and Owner's approval or disapproval of
any Subcontractor or of a particular process or -material will not relieve the
Contractor of his responsibility for performance of Work as called for under the-
Contract Documents, and shall not provide a basis for any claim for additional lime
or money on the part of the Contractor. Such approval shall not be construed to create
any contractual relationship between the Subcontractor and either the Owner or
Architect. In no event shall the Contract Sum be increased as a result of the rejection of
any Subcontractor."
53 SUBCONTRACTOR.RELTDIONS
5.3.1 Delete this paragraph and substitute the following paragraph:
"By appropriate agreement, written where. legally required for validity, the
Contractor shall require each Subcontractor, to the extent of the Work to be
performed by the Subcontractor, to be bound to the Contractor by terms of the
Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by the Contract Documents, assumes toward
the Owner and Architect.
Each subcontract agreement shall preserve and protect the rights of the Owner and
Architect untder the Contract Documents with respect to the Work to be performed by
the Subcontractor so that subcontracting thereof Will not prejudice such rights. Where
appropriate, the Contractor shall require each Subcontractor to enter into similar
agreements with Sub-subcontractors. The Contractor shall make available to each
(06/01/94 Edition) S.G.C. Page 12/37
proposed Subcontractor, prior to the execution of the subcontract agreement, copies of
the Contract Documents to which the Subcontractor is to be bound. Subcontractors
shall similarly make copies of applicable. portions of such Documents available to their
respective proposed Su subcontractors."
53.2 Add the following paragraph to this Section:
"The Contractor is solely responsible for making payments properly to his
Subcontractors and Suppliers on the Project. During construction of the Project, the
Contractor shall submit, beginning with the Second Application and Certificate for
Payment, a Subcontractor /Supplier Payment Report (the 'Report") with each
Application and Certificate for Yayment. The Report shall show all payments made to
date by the Contractor (plus existing retainagTe to each Subcontrator and Supplier
involved in the Project. The Report shall be made on a form approved and supplied by
the Owner. As an alternative to the Report, the Contractor may furnish Affidavits of
Payment Received with the Application and Certificate for Payment, which affidavits
shall be executed by each Subcontrator and Supplier owed money and paid during the
previous progress payment period for work or materials furnished on the Project. If,
for any reason, the Contractor is withholding payment to a Subcontractor or Supplier
due to a dispute or other problem with performance, the Contractor- shall note the
amount withheld and that payment is in dispute. The Owner may require the
Contractor to document and verify the dispute or other problem in queslion. RECEIPT
BY THE OWNER OF THE REPORT 01 AFFIDAVITS OF PAYMENT RECEIVED
SHALL BE A CONDITION PRECEDENT TO PAYMENT ON ANY APPLICATION.
The Owner reserves the right in its sole discretion, pursuant to Paragraph 9.5.1 of the
General Conditions, to withhold payment to the Contractor should It a ear from the
Report, statements of payment received or other information furnisheJTo the Owner
that: (1) the Report has not been properly completed; (2) the Contractor has knowlngly
provided false infornation regarding payment of any Subcontractor or Supplier; or (3)
the Contractor has otherwise failed to nake payments properly to any Subontractor
or Supplier. The Contractor shall not have any cLaim for delay or additional
compensation as a result of the Owner's or Archltect's enforcement of this Paragraph
5.3.2. This Paragraph 5.3.2 shall not be construed to create a contractual relationship,
express or implied, between any Subcontractor or Supplier and either the Owner or- hie
Architect."
5.4.1
and Delete these paragraphs in their entirety and substitute the following:
"In the event of termination for convenience of this Contract by the Owner under
Article 14, the Contractor shall, if requested in writing by the Owner, deliver and
assign to Owner, or any person or entity acting on the nr's behalf, any or all
subcontracts made by Contractor in the performance of the Work, and deliver to the
Owner true and correct originals and copies of such subcontract documents. In the
event assignment is not requested by the Owner, Contradtor shall terminate ali
(06/01/94 Edition) S.G.C. Page 13/37
subcontracts to the extent that Owner has not directed assignment of same and to
the extent that they relate to the performance of work terminated by the notice of
termination."
6.2 kt&W&LEESWMflTY
6.2.3 Delete this paragraph in its entirety and substitute the following
"The Owner shall not be liable to the Contractor for damages suffered by the
Contractor due to the fault or negligence of another contractor or through failure
of another contractor to carry out the directions of the Owner or the Architect.
Should any interference occur between contractors, the Architect or the Owner may
furnish the Contractor with written instructions designating priority of effort or
change in methods, whereupon the Contractor shall immediatey comply with such
direction. In such event, the Contractor shall be entitled to an extension of the
Contract Time only for unavoidable delays verified by the Architect; however, no
increase in the Contract Sum shall be due the Contractor."
6.2.5 Delete in its entirety and substitute the followings
"Should the Contractor cause damage to the work or property of any separate
contractor on the Project, the Contractor shall, upon due notice settle with such other
contractor by agreement, if he will so settle.: If such separate contractor sues the Owner
or submits a claim on account of any damage alleged to have been so sustained, the
Owner shall notify the Contractor who shall defend such proceedings, at the
Contractor's expense, and if any judgment or award against the Owner arises
therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all
attorneys fees and costs which the Owner has incurred."
ARTICLE 7 - CHANG ISN WORK
Delete this Article in its entirety and substitute the following Article 7:
"71 CUANGEORlDERS
7.1.1 A Change Order is a written order to the Contractor, signed by the Owner and the
Architect, issued after execution of the Contract, authorizing a change in the Work, an
adjustment in the Contract Sumn, or an adjustment to the Contract Time, consistent with
other applicable provisions of this Contract. The Owner, without invalidating the
Contract, may order changes to the. scope of Work under the Contrict by additions,
deletions, or other revisions, the Contract Sun and Contract Time-to be adjusted
consistent with other applicable provisions of his Contract,
7.1.2 In addition to the Owner and the Architect, the Contractor shall sign ail Change Orders
to verify and confirm the terms and conditions established by Change Order; however,
(06/01/94 Edition) S.G.C, Page 14/37
should the Contractor refuse to sign a Change Order, this shall not relieve him of his
obligation to perform the proposed change directed by the Owner and te Ahitect to
the best of his ability in accordance wi the provisions of this Article 7..AdChange
Order signed by the Contractor Indicates his age nt therewith, including the
adjustment in the Contract Sum or Contract Tine. EACH CHANGE ORDER SHALL
BE SPECIFIC AND FINAL AS TO PRICES AND EXTNSIONS OF TIM, WITH NO
RESERVATIONS OR OTHER PROVISIONS ALLOWING FOR FUTURE
ADDITIONAL MONEY OR TIME AS A RESULT OF THEPARTICULAR CHANGES
IDENTIFIED AND FULLY COMPENSATED IN THE CHANGE ORDER 4
7.13 No extra work (except under emergency conditions) or changes shall be made nor shall
any substitutions, changes or additions to or omissions or deviations from the
requirements of the Drawings and Specifications be made unless pursuant to a written
Change Order signed by the Owner and the Architect, it being expressly understood
that the Owner shall not be liable for the cost of extra work or any substitution, change,
addition, omission or deviation from the requirements of the Drawings or
Specifications unless the smam shall have been authorized in writing by the Owner and
te Architect. The provisions of this paragraph shall -control in the event of any
inconsistency between such provisions and the other provisions of this Article 7. See
Subparagraph 103.1 of the General Conditions for Change Orders under emergency
conditions.
7.1.4 The method of determining the cost or credit to the Owner for.any change in the Work
shall be one of the following:
1 mutual acceptance of a not-to-exceed iump sum properly Itemized and
supported by sufficient 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 acceptable fixed or percentage fee; or
.4 the force account method provided In Subparagraph 7.15
7.13 If the parties cannot agree to one of the methods of calculating cost provided in 7.1.4.1,
7.1.4.2 or 7.1.4.3, or if the parties agree to a method but cannot agree to a final dollar
figure, or if the Contractor for whatever reason refuses to sign die Change Order in
question, the Contractor, provided he receives a written order signed by the Owner,
shall pompdy proceed with the Work Involved. The cost of the Work involved shall
then be caluated on the basis of the reasonable-jobsite expenditures and savings of
those performing the Work attributable to the changes, including a reasonable
allowance for overhead and profit, much allowance in any case never to exceed 15%. In
such case, the Contractor shall keep an itemized accounbng of the Work involved, on a
daily basis, in such form and with the appropriate supportng data as the Architect and
Owner may prescribe. Sworn copies of the iteuized accounting shall be delivered to the
(06/01/94 Edition) S.G.C. Page 15/37
Architect each day during the performance of force account work, with copies to the
Owner. FAILURE OF THE CONTRACTOR TO SUBMIT THE SWORN-TO
TrEMIZED ACCOUNTING DAILY AS REQUIRED HEREIN SHALL CONSTITUTE
A WAIVER BY THE CONTRACTOR OF ANY RIGHT TO DISPUTE THE OWNER'S
DlETERMINATION OF THE AMOUNT DUE THE CONTRACTOR FOR FORCE
ACCOUNT WORK Costs to be charged under this Subparagraph for force account
work are limited to the following
.1 costs of labor, including social -security, old age and unemployment
insurance, fringe benefits required by agreement or custom, and workers
compensation insurance;
.2 costs of materials, supplies and equippent (but not to include off-site
storage unless so directed by the Owner), 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 related to the Work;
.5 additional costs of supervision and field office personnel directly
attributable to the change.
Pending final determination of cost to the Owner, payment of undisputed amounts on a
force account shall be included on the Architect's Certificate of Payment as work is W
completed.
7.1.6 The amount of credit to be allowed to the Owner for any deletion of Work, or any
change, which results in a net decrease of the Contact Sum, shall be the amount of
actua net cost confirmed by the Architect plus the sated percentage for overhead and
profit. When both additions and deletions or credits covering related Work or
substitutions are involved in any one change, the allowance for overhead and profit
shall be figured on the basis of the net increase with respect to that change.
7.2 h1=li CHA5GES.TNLTHBIWQBK
7.2.1 The Architect, after notifying the Owner, shall be authorized to order minor changes In
the Work not involvins an adjustment in the Contract Sum or an 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 the
Contractor. The Contractor shall carry out such written orders promptly.
7.3 T T_
73.1 All responses to proposal requests shall be accompanied by a complete, itemized
breakdown of costs. Responses to proposal requests shall be submitted far enough in
(06/01194 Edition) S.G.C. Page 16/37
advance of the required work to allow the Owner and Architect a minimum of thirty
(30) calendar days after receipt by Architect to review the itemized breakdown and to
prepare or distribute additional documents as may be necessary. All of Contractor's
respons to proposal requests shall include a statement that the cost described therein
represents the complete, total and final cost and additional Contract Time associated
with the extra work, change, addition to, omission, deviation, substitution or other
grounds for seeking extra compensation under the Contract Documents, without
reservation or further recourse.
7.3.2 All Change Orders require approval by either the City Council or, where authorized by
the statelaw and City ordinance, by the City Manager pursuant to Administrative
Action. The approval process requires a minimum of forty-five (45) calendar days after
submission to the Owner in final lorm with all supporting data. Receipt of a submission
by Owner does not constitute acceptance or approval of a proposal, nor does it
constitute a warranty that the proposa will be authorized by City Council Resolution
or Administrative Action. THE TIE REQUIRED FOR THE APPROVAL PROCESS
SHALL NOT BE CONSIDERED A DELAY AND NO EXTENSIONS TO THE
CONTRACI TIME NOR INCREASE IN THE CONTRACT SUM WILL BE
CONSIDERED OR GRANTED AS A RESULT OF THIS PROCESS."
ARTICLE 8- TIME
8.1 Q IUQN5
8.1.2 In the first sentence of this paragraph, delete the words "the Agreement and substitute
"in a notice to proceed from the Owner." At the end of this paragraph, add the
following sentence:
"Should the Owner unreasonably delay the issuance of the notice to proceed
through no fault of the Contractor, the Contractor shall be entitled only to an
equitable extension of the Contract Time; the Contract Sum shall remain unchanged."
8.2 EEEUiANDCOMP2LflN
8.2.2 Delete the last sentence of this paragraph.
8.23 Add the following paragraph to this Section:
"Should the Contractor neglect, fail or refuse to complete the Work within the time
.specified in the Bid Proposal or Contract, or any proper extension thereof granted by
the Owner, then the Contractor does hereby agpee, as a part of the consideration for
the awarding of the Contract, to pay to the Owner the amount of Ž24.0 for each
calendar day that the Contractor shall be in default after the time stipulated for
completing the Work
Such amount is not to be considered as a penalty, but shall be deemed, taken or treated
as reasonable Liquidated Damages, fixed and agreed upon by and between the
*
(06/01/94 Edition)
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;SG.C.
-. ,
''a'~~~~~~~~~~~~~~~~~~.. ;$&4&
Page 17/37
-..
Contractor and the Owner because of the Impracticality and extreme difficulty of fixing
and ascertaining the actual damages the Owner would in such event sustain, and said
amount is agreed -to be the amount of damages that the Owner would sustain. Said
amount will be retained from any money due. or that may become due the Contractor
under this Contract.
In the event said monies are insufficient to recover the amount owing, then the
Contractor or his Surety shall pay any additional amount or amounts due. The Owner
shall be the sole judge as to whether or not the Work has been completed within the
calendar days allotted therefor, which shall include the original calendar days set forth
in the Contract and any extension, in writing, granted by the Owner.
However, should the Contractor reject the Owners determination of Liquidated
Damages due, or. should any legal action against t Owner incidental to his Contract
be instituted by the Contractor, his agents or assgns, then this paragraph shall not be
construed so as to prevent the Owner from seeking full recovery for any and all
damages whatsoever suffered by the Owner and attributable to the Contractor, in
addition to all Liquidated Damages due."
8.3 DELAYS AND EXThbL5ION QF Trf
8.3.1 In this sentence delete the word 'arbitration" and substitute the words "a claim". In the
last line of this sentence change the word 'Architectt' to "Architect and Owner."
8.33 Delete this paragraph in its entirety, and substitute the following
"NO DAMAGES FOR DELA
Notwithstanding any other provisions of the Contract Documents, including the
General and Supplementary General Conditions, no adjuslment shall be made to the
Contract Sum and the Contractor shall not be entitled to claim or receive any
additional compensation as a result of or arising out of any delay, hindrance,
disruption, force majeure, impact or interference, foreseen or unforeseen, resulting In
adjustment to the Contract Time hereunder, including but not limited to thoue caused
in whole or in part by the acts, omissions, failures, negligence or-fault of the Owner,
the Architect or the Owner's representative'
Add the following paragraphs to this section:
"8.3.4 The Owner shall have the right to occupy, without prejudice to the right of either party,
any completed or largely completed portions of the structure or Work,
notwithstanding the fact that time for completing the entire Work or such portions
thereof may not have expired. Such occupancy and use shall not be an acceptance of
the Work taken or used.
8.3.5 The Contractor shall promptly sus end such part or parts of the Work when either he
or the Owner is ordered to do soty a judicial decree, and hie will not be entitled to
(06/01/94Edition) S.G.C. Page 18/37
additional compensation by virtue of such Court Order. Neither will he be liable to the
Owner for a delay caused in fact by the Work being suspended by such Court Order.
8.3.6 The Architect, with consent of the Owner, shall have the authority to suspend the
Work, wholly or in part, for such period or periods as he deems necessary due to
weather conditions as are considered unfavorable for the suitable prosecution of the
Work or due to failure on the part of the Contractor to correct conditions-considered
unsafe for workmen or the general public. If it should become necessary to stop Work
for an indefinite period, the Contractor shall store all materials In such a manner that
they will not obstruct or Impede. the public unnecessarily or become damaged In any
way, and he shall take every precaution to prevent damage or deterioration of the
work performed; he shall provide suitable drainage about the Work and erect
temporary structures where necessary. The Contractr shall not suspend work without
written authority by the Architect, and shall proceed with the work promptly when
notified by the Architect to resume operations.'
ARTICLEA9 - PAYISANTS ANDCOMELN
9.2 SHEDULE QF VALUES
9.2.1 Delete the last sentence in this paragraph and substitute the following.
'This schedule, when approved by the Architect and the Owner, shall be used as a basis
for the Contractors Application for Payment. Schedule of values shall follow the trade
division of the Specifications. Contractor's Application for Payment shall be filed on ALA
Form G702 (Application and Certificate for Payment)."
9.3. MEJLICAflONSEFRPAYMENT
9.3.1 Add the following at the end ofthis paragraph:
"Contractor's Application for Payment shall also provide such supporting
documentation as the Owner or the other applicable provisions of the Contract
Documents may require."
9.3.1.1 Delete this paragraph in its entirety.
9.3.2 Delete the last sentence of this paragraph and substitute the following:
"Payment for costs incurred in storage of materials or equipment away from the Project
site will NOT be made by Owner unless: (1) the OwnEr has given prior approval of
such off-site storage in writing; and (2) the materials or equipment are stored in a
bonded warehouse located in Dallas County and Identified with the Project for which
they are stored, as evidenced by warehouse receipS antd appropriate documents of
title; and (3) the materials or equipment stored os-site will be incorporated into the
Work within thirty (30) days after delivery. STORAGE IN FACILITIES OF THE
MANUFACnJr= OR THE CONTRACTOR WILL NOT BE PERMITID OR PAID
(06/01/94 Edition) S.G.C. Page 19/37
FOR, UNLESS THE OWNER HAS EXPRESSLY GIVEN PRIOR APPROVAL OF
SUCH STORAGE IN WRiTNG."
9.3.3 In the second sentence of this paragraph, delete the words "to the best of Contractor's
knowledge, information and belief."
Add the following paragraph:
'9.3.44 All materials or equipment delivered to the project site earlier than thirty (30) days
prior to an approved schedule for delivery to the project site shall be classified as an
'early delivery.' All early delivery materials or equipment must have the express
written permission of the Owner to be stored on the project site. Should any
unauthorized early delivery occur, Contractor shall, at its expense or at the expense of
the responsible Subcontractor or Supplier, cause such early delivery to be removed
from the project site and stored off-site until required at the pect site. All costs of
labor, transportation and storage will be Included as part of the xp ense. If the
Contractor fails or refuses to remove unauthorized early delivery materias, the Owner
may cause such materials to be removed at the Contractor's sole expense, and amounts
may be withheld from the Contractor's Application for Payment to reimburse the
Owner for any costs incurred in removing unauthorized early delivery materials.
OWNER WILL NOT BE RESPONSIBLE FOR THE PROTECTION OF OR RISK OF
LOSS ON ANY EARLY DELIVERY MATERIALS OR EQUIPMENT, NOR WILL
OWNER BE LIABLE FOR ANY PAYMENT THEREON. Any materials or equipment
classified as early delivery will not be approved for payment as stored materials prior
to thirty (30) days before the incorporation Into the Work, unless storage and payment
at an earlier date is expressly approved in writing by the Owner."
9.4 CE=TIFICAIESORI
9.4.1 In the first sentence of this paragraph, change the word "seven" to the word "ten."
Also, add the following:
"Certificate for Payment shall be filed on ALA Form G702 (Application and Certificate
for Payment)."
Add the following paragraph:
'9A.3 Whenever the said estimate or estimates of work done since the Last previous estimate
exceeds one hundred dollars ($100) in amount, a percentage of such estimate will be
paid the Contractor within thirty (30) days following receipt of the Certificate for
Payment by the Owner. The estimate may include acceptable nonperishable materials
delivered to the work or stored as provided for in Paragraph 93.2 and such payment
will be allowed on the same percentage basis of the net invoice value, less taxes, as
provided hereinafter. The percent retained by the Owner will be'ten (10%/6) percent on
all contracts in excess of $25,000 and less-than $400,0; for contracts where the contract
price at time of execution is $400,000 or more, the percent retained will be five (5%)
(06/01/94 Edition) S.G.C. Page 20/37
percent. On all contracts of P25,000 or less where the Contractor furishes performance
and paymtent bonds and progress payments are therefore allowed, the Owner will
retain fifteen (15%) percent. No - progress payments shall be made on contracts where
performance and payment bonds are not required or furnished. In such Instances.
cayment for the W eorfmed will be made upon final completion and acceptance
by Owner of all Work. this retainae will be retained by the Owner from each progress
payment until final completion of the Work by th Contractor, approval treof by the
Architect, and acceptance of same by the Owner. The retainage percentage as specified
is based upon the original Contract sum, and will not be a ffcd In the event the
original Contract sum is subsequently increased or decreased by change order."
9.5 MM = TOQWUHH*LQLCEEIEA
9.5.1 Replace the words "Architect" and "Architect's" with Architect or Owner" and
"Architect's or Owner's" respectively.
Add the following paragraph:
"9.5.3 Owner may, at its option, offset any progress payment or final payment under the
Contract Documents against any debt (including taxes) lawfully due to Owner from
Contractor, regardless of whether the amount due arises pursuant to te terms of
the Contract Documents or otherwise and regardless of whether or not the debt due
to Owner has been reduced to judgment by a court.
9.6 PROGRESSfAYMET
9.6.1 Add the following sentence at the end of his paragraph:
"The Owner shall not be liable for interest on any late or delayed progress payment
or final payment caused by any claim or dispute, any discrepancy in quantities, any
failure to provide supporting documentation or ot er information required with
the Application for Payment or as a precondition to payment under the Contract
Documents, or due to any payment the Owner or Architect has a right to withhold
or not certify under the Contract Documents."
9.6.4 Add the following sentence at the end of this paragraph:
'This obligation devolves upon the Contractor's Surety.on the Labor and Materials
Payment Bond herein required."
9.7 EALLIRLQFAXMES[
9.7.1 Delete this paragraph in its entirety.
9.8 SMSUIA AL.ChLflb
9.8.1 Delete this paragraph and substitute the following:
(06/01/94 Edition) S.G.C. Page 21/37
'The Date of Substantial Completion of the Work or designated portion thereof Is the
date certified by the Architect when construction Is suffidently completed In accordance
with the Contract Documents such that the Owner may beneficially occupy and use the
Work or designated portions thereof for the purposes or which it s inntnded, and only
trivial and insignificant items remain which do not affect the Work as a whole."
9-10 EUJAL C:OMLEI~ON AND PINA P!AYMENT
9.10.1 In the first sentence after the word "Architect" insert a comma and add the words
"accompanied by the Owner's representative,". Add the following sentence at the end of
the paragraph:
"Owner will normally make final p en t within tlirty (30) days after Owner's receipt
and approval of the final Certifica or ayment."
9.10.2 The following sentence is added at the end of this paragraph:
"In addition to the foregoing, and as a precondition to final payment by the Owner
under this Contract, the Contractor's affidavit under Subparar aph 9.10.2(1) shall state
that the Contractor has paid each of his subcontractors, laborers or materlalmen in full
for all labor and materials provided to him for the Work under this Contract. In the
event the Contractor has not paid each of his subcontractors, laborers or rmterfalmen
in full, the Contractor shall state in the affidavit the amount owed and the name of each
subcontractor, laborer or materialmen to whom such payment is owed. IN ANY
EVENT, THE CONTRACTOR SHALL BE REQUIRED TO EXECUTE THE OWNER'S
STANDARD AFFIDAVIT OF FINAL PAYMENT AND RELEASE AS A
PRECONDITION TO RECEIPT OF FINAL PAYMENT.'
9.10.3 Delete the last sentence of this paragraph.
9-10.4 Delete this paragraph in its entirety and substitute the following
"The acceptance by the Contractor of the final payment shall operate as and shall be a
release to the Owner from all claims or liabilities under the Contract, for anything done
or furnished or relating to the Work under the Contract or for any act or neglect of smid
Owner relating to or connected with the Contract."
10.1 SAEE3YZECATI-ONS AND PROGRAMS
10.1.1 Delete the period and substitute a comma at the end of this paragraph and add the
following:
and will comply with all applicable City, State and Federal Health and Safety
"...
Regulations."
(06/01/94 Edition) S.G.C. Page 22/37
101.2
through Delete these paragraphs in their entirety.
10.1.4
10.2 SAEFl.Q.ERSONS AND ERQEEE
10.2.4 Add the following at the end of this paragraph:
'yS OIF EXPLOSIE- CAIMS AND TOTAL TNDEN FCATION
The Owner shall have the right to approve the use of explosives on the Project; the
Contractor shall not assume in its bid that permission to use explosives will be
granted. The Owner shall NOT be liable for any claim for additional time or
compensation as a result of the Owner's denial bf permission to use explosives.
Where use of explosives is permitted by Owner, the CONTRACTOR-EXPRESSLY
AGREES TO BE SOLELY RESPONSIBLE for the determination as to whether
explosives shall actually be used, and for any result from the use, handling or
storage of explosives, and shall INDEMNIFY, DEFEND AND HOLD COMPLETELY
HARMLESS the Owner, its officers, agents and employee, and the Architect against
any and all claims, lawsuits, Judgments, costs or expenses for personal Injury
(Including death), properly damage o; other harm for which recovery of damages Is
sought, suffered -by any person or persons, as the result of the use, handling or
storage of the exploidves'by the Contractor or any Subcontractor, REGARDLESS OF
WHETHER SAID USE, HANDLING OR STORAGE WAS NEGLIGENT OR NOT,
AND REGARDLESS OF WHETHER THE DAMAGE OR INJURY WAS
CONTRIBUTED TO IN ANY WAY BY THE NEGLIGENCE OR FAULT OF THE
OWNER, M OFFICER, AGENTS OR EMPLOYEES, OR THE ARCHITECT. In the
event of conflict with any other indemnity paragraph in this Contract, this paragraph
controls. This Indemnity paragraph Is intended solely for the benefit of the parties
hereto and is not intended to create or grant any rights, contractual or otherwise, to
any other person or entity. The Contractor shall furnish the Owner and Architect
with evidence of insurance sufficient to cover possible damage or injury, which
insurance shall either include the Owner and Architect as additional insureds or be of
such character as to fully protect the Owner and ArchitectL All explosives shall be
stored in a safe. and secure manner, under the care of a competent watchman at all
times, and all such storage places shall be marked clearly
'VANGEROUS-EXPLOSIVES". The method of storing and handling explosives and
highly flammable materials shall conform to Federal and State Laws, City of Dallas
Ordinances, and the City of Dallas Fire Department Regulations. The Contractor
shall notify any Utility Company having structures in proximity to the Site of the
Work-of his intentions to use explosives, and such notice shall be given sufficiently
in advance to enable the Companies to take such steps as they may deem necessary to
protect their property from injury. Such notice shall not relieve thq Contractor of
responsibility for any damage resulting from his blasting operations."
The following sections are added to Article 10:
(06/01/94 Edition) S.G.C Page 23/37
"10,4 ELLC tLYENlHNCE ANDlEAM.E
10.4.1 Materials stored about the Work shall be so placed, and the Work shall, at all times, be
so conducted as to cause no greater obstruction to the traveling public than is
considered necessary by the Architect. Sidewalks or streets will not be obstructed,
except by special permission of the Owner. The materials excavated, and. the
construction materials or plant used in the construction of the Work, shall be so placed
as not to endanger the Work or prevent free access to all fire hydrants, water. valves,
gas valves, manholes for the telephone, telegraph signal or electric conduits, sanitary
sewers, and fire alarm or police call boxes in the vicnity.
10.4.2 The Owner reserves the right to remedy any neglect on the part of the Contractor in
regard to public convenience and safety which may come to the Owner's attention,
aftertwenty-four hours notice in writing to the Contractor. In cae of emergency the.
Owner shal have the right to remedy any neglect without notice. In either case, the
cost of such Work done by the Owner sha be deducted from monies due or to become
due the Contractor. The Contractor shall notify the City Traffic Control Department
when any street is to be closed or obstructed. Such notice shall, In the case of major
thoroughfares or street upon which transit lines operate, be forty-eight hours in
advance. The Contractor shall, when directed by the Architect, or the Owner, keep any
street or streets in condition for unobstructed use by City Departments. When the
Contractor is required to construct temporay bridges or make other arrangements for
crossing over ditches or around structures, hs responsibility for accidents siall include
the roadway approaches as well as the crossing structures.
10.5 DAE&CADE&UIIEhAND1WATCHEN
105.1 Where. the Work is carried on or adjacent to any street, alley or public place, the
Contractor shall, at his own cost and expense, furnish, erect and maintain such
barricades, fences, lights and danger signals, shall provide such watchmen, and shall
take such other precautionary measures for the protection of persons or property and
of the Work as are necessary. AU barricades shall be painted in a color that will be
visible at night, shall indicate in bold letters thereon the Contraccorfs name and shall be
illuminated by lights from sunset to sunrise. The term 'lights,' as used herein, shall
mean flares, flashers, or both. A sufficient number of barricades shall be erected to keep
vehicles from being driven on or into any Work under construction. The Contractor
shall furnish watchmen in sufficient numbers to protect the Work. The Contractor will
be held responsible for all damage to the Work due to failure of barricades, signs, liihts
and watchmen to protect it, and whenever evidence is found of such damange, the
Architect may order the damaged portion immediately removed and replaced by the
Contractor at Contractor's cost and expense. The Contractor's responsibility for
maintenance of barricades, signs, and lights, and for providing watchmen, shall not
cease until the Project has been accepted by the Owner.
(06/01/94 Edition) S.G.C. Page 24/37
10.6 IAT
10.6.1 In case it is necessary to change or move the prop e r t y of the Owner or of a Public
Utility, such propet shall not be removed or Interfered with until ordered to do so by
the Architect. The right is reserved to the owner of any public or private utilities to
enter upon te construction site for the purpose of making such changes or repairs of
their property that may be necessary by the performance of the Contract. The Owner
reserves the right of entering upon the construction site for any purpose Including
repairing or relaying sewer and water lines and appurtenances, repairin structures,
etc., and for making other repairs, changes or extensions to any of me Owner's
property. Owner's actions shl conform to the Contractor's current and approved
schedule for the performance of the Work provided that Proper notification of skhedule
requirements has been given to the Owner by the CQntractor.
10.7 TEMPORARY SEWER ANT) DRAIN CONNECMONS
10.7.1 When existing sewers have to be taken up or removed, the Contractor shall at his own
cost and expense, provide and maintain temporary outlets and connections for all
public and private drains and sewers. The Contractor shall also take care of all sewage
and drainage which will be received from these drains and sewers; and for this purpose
he ihall provide and maintain, at his own expense, adequate pumping facilities and
temporary outlets or diversions. The Contractor, at his. own expense, shall construct
such. troughs, pipes, or other structures necessary, and be prepared at all times to
dispose .ofdrainage and sewage received from these temporary connections until such
time as the permanent connections are built and in service. The existing sewers and
connections shall be keptin service and maintained under the Contract except where
specfied r abandoned by the Architect. All water and sewage shall be
disposed of in a satisfactory mannr so that no nuisance is created and so that the Work
under construction will be adequately protected.
10.8 AA
10.8.1 When Contractor desires to use Owner's water in connection with any construction
work, he shall make complete and satisfactory arrangements with the Dallas Water
Utilities Departnent for so doing. Where meters are used, the charge will be at the
regular established rate; where no meters are used, the charge will be as prescribed by
City ordinance, or where no ordinance applies, payment shall be based on estimates
made by the Dallas Water Utilities Department
10.9 U FlDEE&HYDRANTS
10.9.1 No person shall open, turn off, interfere with, attach any pipe or hose to, or connect
anything with any fire hydrant, stop valve, or stop cock, or tap any water main
belonging to the Owner, unless duly authorited to do so by the Dallas Water Utilities
Department in accordance with Chapter 49 of the Dallas City Code."
(06/01/94 Edition) S.G.C. Page 25/37
ARTICLE 11- INSURANCE
11.1 R -
-N4C
11.1.1 The requirements of this paragraph are hereby augmented by the following;
"Withoutt limiting any of the other obligations- or liabilities of the Contractor, the
Contractor at Contractor's own expense, shall, during the term of the Contract,
purchase and maintain the hereinafter stipulated minimum insurance with companies
duly authorized or approved to do business in the State of Texas and satisfactory to the
Owner. Contractor shall also require each Subcontractor performing work under the
Contract, at the Subcontractor's own expense,, to maintain during the term of the
Contract levels of insurance that are necessary and appropriate for the services
performed, that comply with all applicable laws; and are consistent with industry
standards. The Subcontractors liability insurance shall name Contractor as an additional
insured by using endorsement CG 20 26 or broader. Certificates of each policy,
together with a statement by the issuinf Company to the extent that said policy will not
be cancelled without thirty (30) days prior notice being given the Owner, shall be
delivered to the Architect, who will in turn forward same to Owner before any Work is
started- Contractor shall promptly furnish, upon the request of and without expense to
Owner, a certified copy of each policy required, including all endorsements.
(a) Workers' Compensation, with statutory limits, with the policy endorsed
to provide a waiver of subrogation as to the Owner; EnwanawaaI
Insurance of not less than $100,000 for each accident, $100,000 disease for
each employee and $500,000 disease policy limit. V
(I,) Commercial !General Liability InsUrance. Including Peroa Injur-
--
Lability- Independent Contrcoability, Products and o led
Qpgtfn _n4 CotataLaii coverng, but not limited to, the
liability assumed under the Indemnification ?rovisions of this Contract,
fully insuring Contractor's (or. Subcontractor s) liability for injury to or
death of Owner's employees and third partes, and for damage to
proerty of third parties, with a combined bodily injury (inluding death)
and property damage minimum limit of 5500,000 per occurrence,
$1,000,000 annual aggegate. If coverage is written on a claims-made
basis, coverage shalt be continuous (by renewal or extended reporting
period), for no less than 60 months following completion of the contract
and acceptance of work by the City. Coverage, including any renewals,
shall have the same retroactive date as the original policy applicable to the
Project. Owner and Architect shall be named as additional insureds by
using endorsement CG 20 26 or broader.
The policy shall include coverage extended to apply to completed
operations, asbestos hazards (if the project involves work with
asbestos), and XCU hazards. The Completed Operations coverage must
be maintained for a minimum of one-(1) year after final completion and
(06/01/94 Edition) S.G.C. Page 26/37
acceptance of the Work, with evidence of same filed with Owner. The
policy shall include endorsement CG2S03 amendment -of limits
Idesignated project or premises) in order to extend the -policy. limits
specifically to the project in question.
(c) Business Autnmnbila Liability fnsurnn covering owned, hired and
non-owned vehicles, with a combined bodily inj (including death) and
property damage minimum limit of $500,000 per occurrence. Such
insurance shall include coverage for loading and unloading hazards."
11.1.2 Delete this paragraph in its entirety.
11.2 OWERSLI i
11.2.1 This paragraph is deleted in its entirety.
11.3 E RTY LSJMbE
11.3.1
through These paragraphs are deleted in their entirety and the following substituted:
- 11.3.1.4
"In addition to the insurance described in paragraphs 11.1.1 and 11.2.1, the Contractor
shall obtain at its expense, and maintain throughout the duration of the Project, AUiLk
HUilders Risk Insurance if the project Involves complete constuction of a new buildin&
or an All.m knallaIInfLater policy, if the project involves materials and supplies
needed for additions to, or renovations or remodeling of an exitng building.
Coverage on either policy shall be All-Risk, including, but not limited to, Fire, Extended
Coverage, Vandalism and Malicious Mischief, Flood (if located in a flood zone) and
Theft, in an amount equal to one hundred percent (100%) of the insurable value of the
Project for the Instalilation Floatr policy, and one hundred percent (100%) of the
replacement cost of the Project for the Lnilrda RlA policy. If an hlannlater
policy in provided, the Owner shall be shown as a Joint Named Insured with respect to
the Project. If a Buildersik policy is provided; the policy shall be written on a
Completed Value Form, including materials delivered and labor performed for the
Project. This policy shall be written jointly in the names of the Owner, the Contractor,
Subcontractors, and Sub-Subcontractors as their interests may appear. The policy shall
have endorsements as follows:
(a) This insurance shall be specific as to coverage and not contributing
insurance with any permanent insurance maintained on the property.
(b) Loss, if any, shall be adjusted with and made payable to the Owner as
Trustee for the insureds as their interests may appear.
(c) The right of subrogation under the policy shall be waived as to the
Architect."
(06/01/94 Edition) S.G.C. Page 27/37
11 3.2 In the first sentence of his paragraph change the word "Owwner" to "Contractor."
'The Contractor shall purchase and maintain ..."
113.4 Delete this paragraph in Its entirety.
11.3.5 Delete this paragraph In its entirety.
11.3.6 Delete this paragraph in its entirety and substitute the following"
'"The Contractor shall file a copy of all policies with the Owner before any exposure
to loss may occur."
11.3.8 Delete this paragraph in its entirety.
11.3.9 Delete this paragraph in its entirety.
11.3.10 Delete this paragraph in its entirety.
11.4 PERFORMANCE BOND AND PAYMENT BN
Delete this section in its entirety and substitute the following paragraphs:
"11.4.1 -SubJect to the provisions of paragraph 11.4.2, the Contractor shall, with the
execution and delivery of the Contract Agreement, furnish and file with the a
Owner (City of Dallas) in the amounts herein required, the following surety W
bonds, and such surety bonds shall be in accordance with he Charter of the
City of Dallas and the provisions of Chapter 2253, Texas Government Code, as
amended (McGregor Act); each bond shall be signed by the Contractor as
Principal and by an established bonding company, approved by the Owner, as
Surety, and shall be accompanied by an appropriate Power-of-Attorney clearly
establishing the extent and limitations of the authority of each signer to so
sign:
A. -- A good and sufficient bond in
an amount equal to 100% of the approximate total amount of the Contract Sum,
guaranteeing the full and faithful execution of the Work and performance of the
Contract in accordance with Plans, Specifications and all other Contract
Documents, including any extensions thereof, for protection of the Owner. This
bond shall provide for the repair and maintenance of all defects due to faulty
materials and workmanship that appear within a period of one (1> year from the
date of acceptance of the improvements by the Owner or such lesser-or longer
periods as may be designated in the Contract Documents.
B. PAYMENTB D A, good and sufficient bond in an amount equal to 100% of
the approximate total amount of the Contract Sum, guaranteeing the full and
prompt payment of all claimants supplying labor and/or materials in the
(06/01/94 Edition) S.G.C. Page 28/37
prosecution of the Work provided for in said Contract, and for the use and
protection of each such claimant
11.4.2 If -the Contract Suan, Including Owner-accepted alternates and allowances, if any, is
greater than $100,000, Performance and Payment Bonds in 100% of the Contract Sum
are mandatory and shall be provided by the Contractor. If the Contract Sum is greater
than $25,000 but less than or equal to $100,OO, only a Payment Bond in 100% of the
Contract amount is mandatory; Provided, however, that the Contractor may elect to
furnish a Performance Bond in the same amount if the Contractor so chboses. If the
Contract Sum is less than or equal to $25,000, the Contractor may elect not to provide
Performance and Payment Bonds; provided that in such event, no money will be paid
to the Contractor until final completion and acceptance of all work by Owner. If the
Contractor elects to provide Performance and Payment Bonds in 100%/Y of the Contract
amount, progress payments in accordance with the applicable General and
Supplementary General Conditions shall be disbursed.
11.43 SURETILES No Suret will be accepted by the Owner who is now in default or
delinquent on any boads or who is interested In any ltiaEon against the Owner. All
bonds shall be made on the Owners standard forms, shal be approved by the Owner
and shall be executed by not less than one Corporate Surety authorized and admitted
to do business in the State of Texas and licensed by the State of Texas to issue surety
bonds, and otherwise acceptable to the Owner. Each bond shall be executed by the
Contractor and the Surety, and shall specify that legal venue for enforcement thereof
shall lie exclusively in Dallas County, Texas. Each Surety shall designate an agent
resident In Dallas County, Texas to whom any requisite notice maybe delivered and on
whom service of process may be had in matters arising out of such Suretyship.
11.4.4 ElECtLON OF CQObIACI, The person or persons, partnership, company, firm,
assodation, or corporation to whom the Contract is awarded shall, within ten (10) days
after such award, sign the necessary Agreements entering into the required Contract
with the Owner and provide the necessary Surety bonds and evidence of insurance as
required under the Contract Documents. No Contract shall be binding on the Owner
until it has been approved as to form by the City Attorney, executed for the Owner by
the City Manager,- and delivered to the Contractor.
11.4.5 FAILURETOEXECUTTE.CONTEACT The failure of Contractor to execute the Contract
or the required statutory bonds within ten (10) days after the Contract is awarded, or as
soon thereafter as Owner can assemble and deliver said Contract, -shall, at Owner's
option, constitute a breach of his proposal and the Owner may annul the award and
retain the proceeds of the Bid Security. By reason of the uncertainty of the market
prices or materials and labor, and it being impracticable and difficult to determine
accurately the amount of damages occurring to the Owner by reason of said
Contractor's failure to execute and furnish said bonds and to sign the Contract within
ten (10) days, the filing of a proposal will be considered as an acceptance of this
provision. In the event the Owner should readvertise for bids, the defaulting
(06/01/94 Edition) S.G.C. Page 29/37
Contractor shall not be eligible to bid, and the lowest responsible bid obtained in the
readvertisement shall be the bid referred to herein."
Add the following after Paragraph 11.4 of this Section
"11.5 iIMBRELLA'ILABALrrY
f NSURANrCE
11.5.1 Contractor shall obtain, pa for and maintain umbrella liability insurance durixg the
Contract term, insurdnB Contractor for an amount of not less than $1,00 er
occurrence combined limit Bodily Ijury (including death) and Property bhMrjieiat
follows form and applies in excess of the primary coverage required hereinabove.
Owner and Architect shall be named as additional IBurds using entorsement CG 20
26 or broader. No aggregate shall be permitted for this type of coverage. The policy
shall provide "drop down" coverage where underlying primary insurance coverage
limits are insufficient or exhausted.
11.6 DMEME= AND 0-FCLkCONDMIN5
11.6.1 Each insurance policy to be furnished by Contractor shall include the following required
provisions within the certificate of insurance, and within the body of the insurance
contract or by endorsement to the policy:
(a) That the Oiiner and Architect shall be named as additional insureds on all
liability coverages, uing endorsement CG 20 26 or broader. Where the
Owner employs a Construction Manager on the Project, the Contractor
and Subcontractor shall include the Construction Manager on all liability
insurance policies to the same extent as the Owner and Architect are
required to be named as additional Insureds.
(b) Each insurance policy shall require that thirty (30) days prior to the
expiration, cancellation, nonrenewal or any material change in coverage, a
notice thereof shall be given to Owner by certified mail, by sending the
notice to the Engineer and to the Human Resources Department, isk
Management Division, 1500 Marilla, 1/c/North, Dallas, Texas 75201.
Contractor'shall also notify Owner, within 24 hours after receipt, of any
notice of expiration, cancellation, nonrenewal or material change in
coverage it receives from its insurer.
(c) The term "Owner" or "City of Dallas" shall include all authorities, boards,
bureaus, commissions, divisions, departments and offices of the Owner
and the Individual members, employees and agents thereof in their official
capacities, while acting on behalfof Owner (the City of Dallas).
- d)
( Thie policy phrase or clause "Other Firance shall not aly t Owr
where Ownier is an additional Insured on the policy. Te insurance
coverage furnished by Contractor as required is considered to be primary
*.,; ."Q:gINSTD
I^t '~ A101-1907 A
ARTIO.E 50
PROGRESS PAYMENTS
See Section 9.4.3 of Suwlementary General Coaditioz.
- .. a - . ... :. .- -- -
. * ...
This document isncluded in s Project Manual for
i thi
Example Use ONLY
AIA COMMENT Aii *e (eNS CONTIrLAiCIo
r
AGOSELMENT g
rW[Lrn EoTIoN * A1A
tdNICAtdInlmIrurEaor6:IIITLCTI Iln^F-twYOmK AnHUE.mNv..illc.Ton DC
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ARTICLE 6
FINAL PAYMENT
Final payment, constituUM the entire urapaid
balance of the Contra& Sun, shal
be paid by the O'mer to the Contractor when
the Ibrk has been fully cipleted.
the Contract fully Performed, ard a final Certificate
by Architect and approved by the Owner. .SC4e for Pawmnt has'been issued
also Section 9.10, General and
Supplementary General Conditions.
ARTICLE 7.
MISCELLANEOUS PROVISIONS
7.1 Whee
mleren e IJ fiad in thl5 AsrcTen ur 1 p
CM io Or the COccil Condkkdo
crtene reran to stu picYlon 15 lended Or luppLEnIenatd or another Cotract Documtmn thc reB.
by ocher prosUon Or Gte Conszmc Documws.
7.2 Thns used in this Agremewt which are defined in the Conditions of the
Contract shall have the meanings designated in
those Cnditions.
7.3 The Cbntract Dojments whidchCOnstitute
the entire agrment kmween the
Cter aid the Ccontractor, are Listed in Article
L.
This document isncluded in s Project Manual tor
i thi
Example Use ONLY
AK DOCUMENT A101 O uWEnCaONrp.croR ACREHb4ENT * TWECLMI
rtiscLEjRIcANImSrITUTrEOFRxCHoITECTS, I JlNEWYONRKAVENUEgNW tUITION * AUA-' 410
WASHINWTONr.DC.. at A1l -1987 S
EXMlTEf this clay cE
the C1nr O WS bi itS itinager, duly nuthorz7e
, 19
bytV
cnbehalf
-. aE
lb. - , rnlcpted nn 1
; L9_ arid aflraved
as to form by its city Attorney; Ord on beuLoLE cE
by Its duly autlvrosXa
ot icer.
APPrWFD AS 10 FO'l'; CITY a' lALAS
Madeleine B. Johnson Teodoro J. Bemavides
City Attorney City Manager
BY _BY!
KUiihtant City Attorney - Assistant Clty tienager
, .
Afll: O :TVClll
RY Br-
Cbtpisrate Seaetary rresidernt
This document isincluded inthis-Project Manual for
Example Use ONLY
lbCjMI
%tA Alt I * O-HJII COME IAAC I U .
AVU1PIP *
I EMT 1
i r#1IIV
uu 1* -.O
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-A) TIt zI DC.. c Alp 1-107 6
ATTACHMENT I
A. CONFLICT OF INTEREST
The following section of the Charter of the City of Dallas shall be one of the
conditions, and a part of, the consideration of this Contract, to-wit:
"CHAPTER XXVII. Sec. i11 FINANCIAL INTEREST OF EMPLOYEE OR
OFFICER PROHIBITED - No officer or employee shall have any financial interest,
direct or indirect, in any contract with the City or be financially interested, directly or
indirectly, in the sale to the City of any land, materials, supplies or services, except
on behalf of the City as an officer or employee. Any violation of this section shall
constitute malfeasance in office, and any officer or employee guilty thereof shall
thereby forfeit his office, or position with the City. Any violation of -this section,
with knowledge, express or implied, of the person or corporation contracting with
the City shall render the contract involved voidable by the City Manager or the City
Council.
* The alleged violations of this section shall be matters to be determined either
by the Trial Board in the case of employees who have the right to appeal to the Trial
Board, and by the City Council in the case of other employees."
The prohibitions of this section shall not apply to the participation by City
employees in federally-funded housing programs, to the extent permitted by
applicable federal or state law-"
B. CFT TO PUBLIC SERVANT
;ty may terminate his Contract - edia ly ifqontractor s offered or agreed
to
offidiUh
CT'
&K'fhj'4M
tI t7wJgit yee or
iAWdJII1IjIIiIaiU
For purposes of this |Afl I4teA
~ngthing reasonably regarded as
pecuniary gain or pecunisr h E5 ttihjenefit to any other person in
whose welfare the beneficiary has a direct or substantial interest, but does not
include a contribution or expenditure made and reported in accordance with law.
Notwithstanding any other legal remedies, City may require Contractor to
remove any employee of the Contractor from the Project who has violated the
restrictions of this section or any similar state or federal law, and obtai.n
reimbursement for any expenditures made as a result of the improper offer,
agreement to confer, or conferring of a benefit to a City employee or official.
(Page I of 1)
CONRACT BOND GUIDHLINES
CITY OF DALLAS
For City Contracts which require a Payment and Performance
Bond, the City has guidelines which determine the
acceptability of a bonding company. The following guidelines
summarize the City's bond requirements:
- Must use City Bond Forms
- Must be a Corporate.Suraty (Texas Lloyd's Plan
carriers are not acceptable).
- Surety Company must be an admitted carrier in the
State of Texas (surplus lines carriers are not
acceptable).
- Surety Company must be on the Federal Treasury
list. (may be waived in unusual circumstances,
subject to individual evaluation).
- Surety Company must have- underwriting limitation
sufficient to cover 100% of project cost.
Additional information provided by the State Board of
Insurance regarding solvency, investigations, complaints,
etc., will also be considered in determining the
acceptability of a Surety Company.
Should you need assistance in determining the acceptability
of a Surety Bond or need a copy of the Treasury List, call
Risk Management at 670-4920.
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS: That_
. whose address is
_ hereinafter called Principal, and
a corporation organized and existing under the laws of the
State of ._andfully authorized to transact business in the State of Texas, as Surety,
are held and firmly bound unto the City of Dallas, a nmunlip al corporation organized and
existing under the laws of the State of Texas, hereinafter calleN Owner, and unto all persons,
firms, and corporations who may furnish materials for, or perform labor upon the building or
improvements hereinafter referred to, in the penal sum of
-___________
.___________ DOLLARS ($ in lawful money of the
United States, to be paid in Dallas County, Texas, for the paynt of which sum well and truly
to be made, we bind ourselves, our heirs, executors, adntrators and successors .ointly and
severally, firmly by these presents. This Bond shall automatically be increased by the amount
of any Change Order or Supplemental Agreement which increases the Contract price, but in
no event shall a Change Order or Supplemental Agreement which reduces the Contract price
decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Council Resolution No. with the City of
Dallas, the Owner, dated the _ day of . A.D. 20_,a copy of which is hereto attached
and made a part hereof, for the
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said Contract hat may hereafter be mde,
notice of which modification to the Surety is hereby expressly waived, then this obligation
shall be void,; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
- shall lie in Dallas County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the Contract, or to the
Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any
PAYMENT BOND-PAGE 1 OF 2
IRev. 8-31-011
such change, extension of lime, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Dallas County to whom any requisite notices may be delivered and on
whom service of process mnay be had In matters arising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
THE ADDRESS OF THE SURETY TO WHICH ANY NOTICE OF CLAIM SHOULD
BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE IN
AUSTIN, TEXAS BY CALLING THE FOLLOWING TOL-FREE TELEPHONE NUMREXt 1-
800-252-3439.
IN WITNESS WHEREOF, this instrument is executed in copies, each one of which
shall be deemed an original, this day of _ 20_.
ATTEST: PRINCIPAL:
By
Secretary President
AITEST; SURETY:
By
Attoreyn--Fact
The Resident Agent of the Surety in Dallas County, Texas, for delivery of notice and
service of the process is:
NAME:
STREET ADDRESS:,
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
PAYMENT BOND-PAGE 2 OF 2
[Rev, 8-31-011
STATE OF TEXAS §
COUNTY OF DALLAS §
KNOW ALL MEN BY THESE PRESENTS: That__
______.whose address is
. hereinafter called Principal, and
a corporation organized and existing under the laws of. the State
of . and fully authorized to transact business in the State of Texas, as Surety, are
held and firmly bound unto the City of Dallas, a municip l corporation organized and existing
under the laws of the State of Texas, hereinafter called Owner, in the penal sum of
DOLLARS ($L . ) plus 10 percent of the stated
pernal sum as an additional sum of money representing additional court expenses, attorneys'
fees, and liquidated damages arising out of or connected with the below identified Contract in
lawful money of the United States, to be paid in Dallas County, Texas, for the payment of
which sum well and truly to be made, we hereby bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these presents. This Bond shall
automatically be increased by the amount of any Change Order or SuppIemental Agreement
which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows:
Whereas, the Principal entered into a certain Contract, identified by Resolution Number
. with the City of Dallas, ihe Owner, dated the _ day of , A.D. 20_, a
copy of which is hereto attached and made a part hereof, for the
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract in
accordance with the plans, specifications and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, with or without
notice to the Surety, and during the life of any guaranty or warranty required under this
Contract, and shall also well and truly perform and fulfill all the under covenants,
terms, conditions and agreements of any and all duly authorized modifications of said
Contract that may hereafter be made, notice of which modifications to the Surety being
hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty
materials and workmanship that appear within a period of one (1) year from the date of final
completion and final acceptance of the Work by Owner; and, if the Principal shall fully
ndernify and save larniless the Owner from all costs and damages which Owner may suffer
by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay
PERFORMANCE BOND-PAGE 1 OF 3
[Rev. 8-31-011
and expense which the Owner may incur in maling good any default or deficiency, then this
obligation shall be void; otherwise, it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Dallas County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of the
Contract or to the Work to be performed thereunder or the Specifications accompanying the
same shall in anywise affect its obligation on this Bond, and it does hereby waive notice or any
such change, extension of time, alteration or addition to the terms of the Contract or to the
Work or to the Specifications.
This Bond is given pursuant to the provisions of Chbpter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Dallas County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Artide 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
THE ADDRESS OF THE SURETY TO WHICH ANY NOTICE OF CLAIM SHOULD
BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE IN
AUSTIN, TEXAS BY CALLING THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: I-
800-252-3439.
IN WITNESS WHEREOF, this instrument is executed in _ copies, each one of which
shall be deemed an original, this day of , 20_.
A1T : PRINCIPAL;
Secretary President
ATTEST; SURElY;
By-
Attorney-in-Fact
PERFORMANCE BOND-PAGE 2 OF 3
(Rev. 8-31-011
The Resident Agent of the Surety in Dallas County, Texas, for delivery of notice and
service of process is:
NAME:
STREET ADDRESS:
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a
corporation, give a person's name.)
0~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
PERFORMANCE BOND-PAGE 3 OF 3
[Rev. 8-31-01]
0
This page intentionally blank.
0
:rl.1. CERTIFICATE OFINSURANCE
oouea I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE I
DOES NOT AMEND, EXTEND OR ALTIR THE COVERAGE AFFOROED BY THE
POLICIES BELOW.
Good Insurance Agency COMPANIES AFFORDING COVERAGE
P. 0. Box 1000,
Dallas, Texas .75201 COMPAWV i
LEfER A Gulf Insurance Company
COMPANY.
aSURED L"" , _ Twiln Cty...Yire.Insurance.-Company
COMPANYc
CARE Contractor New Hampahire-Fire -
1000 Avenue C MPAYr
Dallas, Texas 75222 _St. Paul -nnU
Fire.& Marine Insurance Co.l
_WP E
THIS 19STO CERTIFY THAT THE POLICIES bF INSURANCELISTEO hEL6W HAVE SEE ISSUEI0 THE N ID ICY PED
INDICATED. NOTWITHSTANPING ANY RECUIREMENT, TERM OR CONDITION OF AN ONTRAOR OTHER MENT WIrH RESPECr TO WHICH THS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY PO 0 RID HEREIN IS SUdJECT YO ALL THE TERMS,
EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE DEE REDUD 0 PAID MS.
TYPE OF INSURANCE POLICY NUMBER PO VEFC 0. X INU~N.
TR
-A
Ttpc~rl~sunsst P~leYNU"BR DA3 IMMD P III
GENERAL UAEILITY a RAL AGOREGATE S
X COMMALOERALtINERAL U¶LI CGL 5408017 08/ 5 97 0 15/98 raouusriorAo. S
CLOIMS MADE Xi
OCCUR., ; . flRSWIAL *ADV. IiRY S
-S
OWNER J CONTRACTOR S PROT. EACH OCCURLENCU S
-MED. EXPENSE (Ai pen
Om t
AUTOMOIILI LIAEILITY C 3 7 . : COMNSO IINOLA
ANYAUO CAL 12 0 1 5 /J7
9 0 8 /1 5 /9 8 -LUMIT
ALL OWNED AUTOS . 1 INJURY
SCHEDULEOAUTOS | I _______
HIRED AUTOS INWURY EDGILY
NON-OWNED AUTOS /*.. IFo ud
GARAGE LIABILITV TYa
EXCESS LIABILITY /EACH OCCURRENCE I
UMBRELLA FORUM , A .REA7*
OTHER THAN UMBRELLA FOR R
WOMER'S COMPENS&AION I STATUORYMT - _ __ _
AND I
~ ~~~~~~~~~~~~~~~~~~~~~~~~EACH
ACCIDENTa
C L!ASLT v'W 049320 ;06/01/97i 06/01/98twS E-ha FouCIGYUI S
IMPLOYgRS' LIABLITY .j ~~~~~~~~~~~~~~~~~~~~:OBSASE-EzACH EMPLOYEEt
EMPLOYERS' .,.Lt lflfl -
OTHER
D Professional
Liability PL 8954201 .08/15/97 08/15/98
DESCRIPTION OP OPERATIONS1LOCATIONSIYSHICLESSPCIArL ITEMS
RE: Contract No. 97-XXXX, Health Care for Homeless
City of Dallas is additional insured. Waiver of subrogation applies to tb
cERffF1 lLTMOL l-H
.~~~
I FCNLATiON .Cf. ,-'
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4' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Dallas EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
Director, Health & Human Servi CUAIAIL4. DAYSWRITTENNOTICETOTHECERTIFICATEHOLDERNAMED TO'THE|
1500 MarilLa
Texas 75201
^ Dallas, ,jJ
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LILITY OFANY KIND UPON THE COMPANY. ITS AOENTS OR RIPRESENTATIVESB
AUTHORIZED REPRESENTATIVE
jj1I. M. Good
'ACORD 2S (7100) . t-rrr-d_- '-wr 77.*-
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Certification of Distribution to:
Substantial OWNER [
Completionoite n
Compl ~~~~~~~~ARCHITECT[
CONLACT'R[
AIA Document G704 - Electronic Format FIELD J
OTHEk I
PROJECT: CONTRACT FOR:
(Name and addres) CONTACT DATE:
This document isincludei'VNOA5ject Manual fr
TO OWNER:
(Name and address) Example Use ONLY
PROJECT NO.:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found, to the Architect's best knowledge,
information and belief, to be substantially complete. Substantial Completion-is the stage in the progress of ihe
Work when the Work or designated portion thereof is sufficiently complete In mccordance wilh the Contract
Documents so the Owner can occupy or utilize the Work for Its intended use. The'date of Substantial
Completion of the Project or portion thereof designated above-is hereby established as which is also
the date of commencement of applicable warranties required by the Contract Documents, except as stated below:
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 DOCUMENT MAY BE MADE BY USING ALA DOCUMENT D401.
AlA DOCUMENT 014 - CERTIFICATION OFSUESTANTIAL COMPIrTION - 19 EfOIT1ON - CorPYIGr ]l - THE AMEDJCAN INSflTU eV ARCHITECTI. 172$
. AIA
NEWYORK AVINUL. H.W, WASHINGTON. 0 C.. 120a4f2. WARNiNG Unbind pa0 9. 9 wioiMa U.1s.
mpw- h. as I. mo m e. hgd*p-ano Tdoma
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A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does
not alter the responsibility of the Contractor to complete all Work In accordance with the ConTract Documents.
ARCHITECT
BY
DATE:
The Contractor will complete or correct the Work on the list of items attached hereto within days
from the above Date of Substantial Completion.
CONTRACTOR
BY
DATE:____
The Ow r bccepts the Work or 4esinate pa lo p s substantially complete and will assume full
fIFer
o0 ocuumertSCiv mcuI'his Project Manual for
X
BY__________
DATE: Eample Use ONLY
The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the
Woik and insurance shall be as follows:
(Nase--Owner's and Cortractor's legal and insurance coariel should determine and review inzaranee requirtmenU and
cave rage.)0
AIA DOCUMENT 0104 . CElTFICATION OP EUEITANT1AL COMILItfON
- 1MEDI1ON - ASA - COPYThcHT 1" *TIC ANMUCAN IMSTITUT OF ARCITWrB 17n
NEW YOLK AVENUE. N W., WASHINOTN. D.C. 20001Iis1. WAlNO: Udmal
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- ODITFACTO R 3S A.LUrIAT I ON
V
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Page l of 7
POST CONSTRUCTION-CONTRACTOR EVALUATION
Contractor's Name: . . .
Contractor's Prcject.Manager: _ .
Contractor's Field Superintendent:
Project Name:
Project Identifier: _
City's Project Manager: Phone:
Project Warranty Expires: __ _
ROUTING
Project Manager: . Date:
Account's Payable: Date:a
PMST Representative: .,Date: te
PMST File: -_Date::-
Page2 of 7
POST CONSTRUCTION WITRACIOB EVALTION
1. Did the contractor submit unsubstantiated or unreasonnble
claims for additional compensation or time extensions? Yes _ No
If yes, explain In datail:__________ ____________
Additional Comments: _
2. Here there substantiated claims of late payments to
subcontractors and supplies? Yes _ No
If yes. explain In detail:
Additional Comments:
3. Were insurance updates and notices of renewal provided in a
timely manner? Yes No
If no, explain In detail:
Additional Comments; -:.
POST CONSTRUCTION CONTRACTOR EVAWUATfONI,
4. Based on the actual-HBEIWUE record. did the contractor
demonstrate a "good faith efforts In meeting the.City's
goals? Yes _ No
If no, explain In deta.i: ' _
Additional Comments:
5. Did the contractor provide 'surficient scheduling
information and schedule updates in conformance
with the contract documents? Yes No
If no. explain in detail:
Additional Conments:-
6. Did the contractor secure the necessary permits before
stahting construction? Yes - No
if no, explain in detail: .
Additional Comments: _
Pagoe 4 of 7
POST. NSTIJC OCETACT EVAUJATION
7. Did-the contractor complete the project within the
contract time (including bona, fide extensions)? Yes _ No
If no, explain In detail:
Additional Comments: _
9- Has the quality of work on this project consistent with
the intent of the-contract documents! _ Yes _ No
If no, explain in detail: _
Additional Comments:
9. Did the contractor provide a clean, safe and orderly work-
place for all employees at all times including proper
sheeting and shoring of excavations)? - Yes _ No
If no, explain in detail:
Additional Comments; -
IP
0~~~~~~~~~~~~~~aeSo
POST CNSrRIJCIIOH WIITRACIR EVALWXTION
10. DId the contractor adequatbly. protect the public turing
construction and provide for clean, safe and cOnventent -
passage? Yes No
If no, explain in detail: . .
Additional Comnects: _________________________
Ii. Did the contractor remedy deflencles in atbimely rmanfier? _ Yes _ No
f no. explain In detail:_
Additional Comments: .. __
11. Did the contractor respond to warranty Items Inma
timely fashion? Yes ___No
If no, explain in detall: . - . _
, ,. * *0
Additional Comments: ___
Pag..6.or 7
POST COKSTRUtTION CONTRACTOR EVALUATION
Project Manager's recomuendation concerning future awards:
a
W
__Signed: _
Project Manager Date
Signed:
Contractors Representative Date
Page0of 7
This page intentionally blank.
S
.
FIRST TIER Z~SUB-CIONTR C O
EVALUVATIWON
This form is to be completed by the General (prime)
contractor for each first tier sub-contractor utilized in
execution of the contract for construction. Completion
of the form(s) is a condition of final payment.
Page I of 2
FIRST TIER SUBCONTRACTOR
EVALUATION FORM
City Project Name and Number:
Prime Contractor:
Subcontractor Being Evaluated:
If M/WBE, Certificate Number: _ _
Sub-cootract Amount: Start: - Complete:
PERFORMANCE
(Please check/comment on etch)
Staffing: Adequate Inadequate _ Comment:
Workmanship: Adequate _ Inadequate Comment:
Equipment: Adequate nInadequate Comment:
Timeliness On Schedule Late Comment:
of Work:
overall Excellent Good Fair Poor
Performance:
Non-performance _ Comments:
Contractor signature Title Date
Page2of2
.
MWUE5
Vendor Evalualton Form
Project NamelNumber
Beginning Date Completion Date Contract Amount
Project Manager Date
MIWBE Contractor
Prime Contractor .
Sub Contractor
Performance (Please Check/Comment on each]
Staffing: Q Adequate Q Inadequate
Comment:
Equipment: Q Adequate Q Inadequate
Comment
Workmanship according lo specifications:
0 Adequate 0 Inadequate
Comment
Timeliness of Work: 0 On Schedule Q Late Q Other
(According to.Contraet).
Comment
Overall Performance of Vendor
5 Excellent a Good 5 Fair 5 Poor
5 Non-Performance
SIGNATURE/DATE (Prime Contractorj SIGNATUREIDATE (City or Dallas)
Pl-00p
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S
s
STATE OF TEXAS §
§ AEEQAYUSAL
=CNTRACOS
COUNTY OF DALLAS § =AYME ANDBELEASE
BEFORE ME, the undersigned-authority, on this day personally appeared
_ , who, after being by me duly sworn, deposes and says that he is
the _ of (the "Contractorj, a
(corporation, partnership, trade name) of County, State of _ . which
said Contractor was awarded the contract for the construction of
the -(the "Contract')
on the - day of AD., 20.., for a total consideration of
$ , to be paid to the said Contractor.
That said Contractor has approved the final estimate on said Contract, AND THAT SAID
CONTRACTOR HAS FULLY SATISIED AND PAID ANY AND ALL CLAIMS that are
covered by Chapter 2253 of the Texas Government Code, as amended, or any other applicable
statutes or charter provisions, AND THAT ALL JUST BILILS FOR LABOR AND MATERIALS
HAVE BEEN PAID AND DISCHARGED BY SAID CONTRACTOR insofar as they pertain to
work under the said Contract.
That in addition to any funds which may have been previously paid by the City of Dallas,
affiant, as the authorized representative of said Contractor, hereby accepts the amount of
$_ _ _ as FULL AND FINAL PAYMENT under the aforementioned Contract, and
waives and releases any right he or his above named company may have to pursue clains of
any nature against the City of Dallas arising out of or in any manner connected with the
performance of said Contract, including but not limited to claims for damages suffered by
third parties or the Contractor due to any cause, as well as claims for dela, additional
compensation or for recovery of liquidated damages which may have been withheld by the
City of Dallas. This Affidavit is given pursuant to the final payment provisions of the Contract,
and shall not be deemed to alter or modify the terms and provisions of said Contract.
CONTRACTOR:
By-
(Affiant)
(printed name)
SUBSCRIBED AND SWORN TO BEFORE ME, this the_-. day of ,AD., 20C.
(Notary Seal)
Notary Public, Dallas County, Texas
Printed Name of Notary
My comnmission expires
[Rev. 11-21-021
Consent of Surety
to Final Payment ARCHITECT[
CONTRACTOR[{
]
AIA Document G707 - Electronic Format SURETY( I
OTHER[
TO OWNER:t ARCHITECTS PROJECT NO.:
(Name and address)
CONTRACT FOR:
PROJECT:
(Name and adrsis) CONTRACT DATED:
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
(inuerlname and addressof Surery)
0 ,.SURETY.
on bond of
(liserlname and address of Contracir)
This document isincluded in Pro'ect Manual for
this
hereby approves of the final payment to the C ant to the Contractor shall not
relieve the Surety of any of its obligations to Lp d IamI
I;U3 I1L I
(Inuert name and address of Owner)
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 DOCUMENT MAY BE MADE BY USING MA DOCUMENT D40 1.
AlA DOCUMENT 070 -CONSENT OF SUISTY TO FINAL PAYMENT - 1994 EDITION . ALA*COPYUIGT In4 *THE AMLIUCAN 1d4STfllTZ OF ARCITETS. 173I
MW
YORK AVIUM N.W., WASHINGTON D.C 2ioaa-i t WAIrMNa: Umluud pIacYIq NIaViIaM U.S. mrFuht but tad I. ntjni
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* u Ik umb 1a970n, Electronic Document Swervic 007-194 1
^ ~~~~~~~~~~~~~~~Electronic
Document Service G707-1994 I
OWNER,
as set forth in said Surety's bond.
IN WITNESS WHEREOF, the Surety bas hereunto set its hand on this date:
(Insert in willing the monthfollowed by the fhmeric date and year.)
(Signature of aughorkued repressnrative)
Attest: (Seal);
(Printed noneand atIga)
This document iscluded in s Project Manual for
in thi
Example Use ONLY
AIA DOCUMENT 0707 *CONSENT OF SURETY TO flNAL PAYMEUT *I1 EDMON iAA *COWP INT 14-
YOPX AVENUE N W. WASHINGTON D.C 204.5292 WARNING, UmIIouucd
.awulmlly rpunh "do 11_3*8 aumis 1910 ilI
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Phannppiw
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THl AMERiCAsN INSTITTE or AARCHITEST, Ims NEW
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Architect's Owner ( ]
Supplemental Architect
Consultant [
C ]
I
Instructions Contractor [ ]
AlA Document G710 - Electronic Fromat Field [ ]
Other [
PROJECT: ARCHITECTS SUPPLEMENTAL
(name, address) INSTRUCTION NO:
This document isinclud cl Manual for
Example Use ONLY
TO:
0 (Comracior)
CONTRACT FOR:
CONTRACT DATED:
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 DOCUMENT MAY BE MADE BY USING AlA DOCUMENT D401.
AIA DOCUMENT 719. * nCHrECrs SUPPLI4EINTAL mNSTmUCTIONS - 1"2 EDmIION - AlA-COPYRIGHT 1M2 -THE ALERWAN INSTITUTE OF AXOUTECTS. 171I
NEW YOUX AVENUE N.W WASHINOGTN D.C. 200S-1192. WARNING UpIS pm noues U1.1. kop.We =41 is bS ab.
Ind swe" Thu iwrn~fli
5a nd.cwiy pus-s beIp
md1 ficen ainit 197000209 nd eamb md
ultr n MeailmIni.
Electronic Document Service G710-1992 I
ARCHITECT'S PROJECT NO:
The Work shall be carried out in accordance with the following supplemental instructions issued in accordance
with the Contract Documents without change In Contract Sum or Contract Time. Proceeding with the Work in
accordance with these instructions Indicates your aknowledgement that there will be no change in the Contract
Sum or Contract Time.
Description:
Attachnsw;i t I
I'XM mdxcaktu2ed inthis Pr ed Manual for
Example Use ONLY
ISSUED BY:
BY:
Architect
AIA DOCUMENT Gil - AICHITECS SUPPLEMENTAL INSThIUCTIONS - I EDITION - MA *COPUICUT m* THECAMUSICAN UNTur OF ARCOHICT 1111
NEW YORt AVENUE N.W.. WASHINGTON D C 38004492. WARM": Ulnlktii pbmsnjms vMS. U.S. frlIghola. Neid 2-- unZes1 pzmsueA. i4 mam na
ficnm _.u
steleeuely psdsd liunde I9bO e - mbe
en u _msee _hi
v..db ll In41T.
Electronic Document Service G710-1992 2
*Proposal Request OWNERI
AIA Document G709 - Electronic Format ARCHITECT l
CONSULTANT[
CONTRACTOR[
FIELD I
OTHER[
PROJECT: PROPOSAL REQUEST NO.:
(Wame and address) DATE OF ISSUANCE:
CONTRACT FOR:
This document isincluddU3IT ?teWdDuaI for
OWNER:
f~ane eand address) Exam p & i Nt.Y
TO CONTRACTOR:
(Name and address)
Please submit an itemized proposal for changes In the Contract Sum and Contract Time for proposed
modifications to the Contract Documents described herein. Submit proposal within days, or-notify
the Architect in writing of the date on which you anticipate submitting your proposal.
THIS IS NOT A CHANGE ORDER. CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO
PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS.
Description:
(Insert a written description of hre Work)
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS.
ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA DOCUMENT D401.
AIA DOCUMENT CM - PROPOSAL REQUIST - 99X EDITION . AIA *COFnONT 1893-- THE AMEICAN OL AVfNUE NW_
dSmUTtE OF AECHITECTI. 1I19 WNEW
WASHINGTON D.C. 3j0E-2fl WARNING: USlisuAd pta laog;wiala U.S. uopyright lieu smd i subec 1 proauiun TVu Deminasem rasily prieo ade
hmine uaber19fl00209 ad mmk espfudesa kWi iluuic. oail1fTI9.
Electronic Document Service G709-1993 1
Attachments:
(List aslached docueul that support dnecrilon.)
REQUESTED BY:
cgaiThis document is thi
included in s Project Manual for
(Printedname and ride) Example Use ONLY
A7A DOCUMENT 0709 * PAtOrIAL IENUCTr - 1M. EDITON -AIA - COPYrIGHT 1H -THn AMEICAIN IIITITLrn OFARCHIlC. 1711 NEW YOU AVETEUL N W
WASHINGCON. D.C, 1D@bS293 WAIJINt; Umliumnd pbmcaeaiq wimim U S mpysi law.sa si bnj.w tgSld pvuAdwa. Thi LaIa
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Electronic Document Service G709-1993 2
muds
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CHANGE faR o
AROGTECT El
ORDER cOnKACOR 0
AI4 DOCUMENT G701 OTHR Cl
PROJECT: CHANGE ODDER NUMBEIL
(arnie. S~dris) DAT&
TO CONTRACTOR: ARCHITECT'S PROJECT NO-
(namc. addres) CoirreACT DATE:
CONTRACT FOR
The Contrt Is changed as foliows:
Note: This Change Order shall be specific and final as to prices-and extensions of
. time with no reservations or other provisions allowing for future additional money
or other time as a result of the particular changes identified and fully compensated
this
in Change Order. Signature of the Contractor indicates that he/she has read
this change order form and any referenced attachments and that he/she is in agreement
herewith, including any adjustment in the contract sum or contract time.
Not vald undl signed by the Owner, Architc fl Conractor.
The origia (Conuta Suwi) (Guanaeed Mzidmum Prd)n ........................ . S
Net dnge by prevoWuy audhorird Qungc Orde= ...............................
The (Contrat Sim) (Gueranuced FdMUuM Prl4ccpdoc to thWs aw. Order as. .. S
Tbe (Conta Sum) (Guanteed Mwbmn PrMe) wil be (macmd) (decrased)
:.........$
(unchanged) by this Change Ordr In the amowu ot .................
The new (Conut Sum) (Guamced Maxmum Pi=) Induig did aange Order wi be . .s
The Contuac Time wil be (Inersjd) (dcrasd)(uncnged by ( )da
The date or Substanda Compledon or ie date of dik Chan Order tefore Is
NOTE: wnmary doa not inc
Thbi Citrn
dihxin tnhde Pic
Sun. Contrmt Ti or Guimeed Mmhmumk whkhave bisn audod by
Camnuan a,,hu Dklvw'c.
ARCIITECr CONTRACrOa OWNER
Addr Addrm Addle
BY BY - - - -- BY
DATE DATE DATIE
. ALU DOCff
AMERICAN
7aM ChANGE 0
llUIE OF ARCHITEC,
* 19t? rWno N
1755 NEW VCAK AE. NW
AlA
AO
* 01N7 TM
DW. 2i00s 0701-1937
The Contract Time will be (increasedXdecreased)(unchanged) by ) days.
The date of Substantial Completion as of the date of this Change Order therefore is
NOTE: This summary does not reflect changes-in the Contract Sum .Contract Time or Guaranteed Maximum
Price which have been authorized by Construction Change Directive-
ARCHITECT CONTRACTOR
Address Address
BY BY
DATE ThicW I0IIbKl litle iQu edI~b Iil5FM IVIUIU
Nlu
IITI U 11
inSiI
in 1 Vb lya aie L
Example UsetNLY
BY _
DATE _
AlA DOCUMIENT 0701 - CHANGE ORDER- I" I WTION * IA* CO07YJIGHT I"I?- THE AMERICAN INSTITUTE Or ARCHITECTr. 1ii NEW YORK AVENUE. N W,
WASHINGTON D.C.. ZDII& 9291. WARIG. Uullcnd ptuhapipf 'delas U J. vemuisM land i S .bjn5l 1nd pumcta. TIN dsmamusin am
lacumallp praas NMI
a
lies pmsb, iI1naDu Nod ha rqrO&ad itbaW VWsIaM iWll IrIN,
ELectrqnic Document Service G701-1987 2
Consent of Surety OWNER[ *
to Reduction in or -
ARCHITECT
~~~CON rRACTOR11
[ ]
Partial Release of CNSURETYR 3
Retainage OTHER[
AlA Document G707A - Electronic
Format
TO OWNER:
(Name and addresr)
CONTRACT DATED:
PROJECT:
Mmpe and nddizr.J
ARCHITECTS PROJECT NO.:
CONTRACT FOR:
n accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
Swr'1 :7name and addranr of Swery)
)fl bond of
nert name anda jLjedfl
TIti ttbUenfIis inuclued f Mnafor
in this Project Manual
, SURETY.
Example- Use ONLY ,CONTRACTOR.
iereby approves the reduction In or partial release of fttainnge to the Contrictors as follows:
'HIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS
NCOURAOED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS
LECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
fA DOCUMgNTO7C2A - COFPIENT OF SULsa 10
TEDUCTION IlNO PAtTIAIfLIAJ50 EEAJNAOE . 191 EDmON - AlA- COPYRIOHT 19 -THE. AMURICAN
*rTfITE oF AACNIMCTS, If NEW YOM AVENUE N W.. WAMHNOTON D.C agIo-M WASHNG Um=s Mpbad wialne UU EplI b mdIs
ho iae a
- pculIP,,,w. nll jAdal wasaintraalaily rujagS ad. Ikuax m1w ESUIl acd toamim D u1
u t S eauma-
Iii.
^ ~~~~~~~~~~~~ DocumentService G707A.1994 1
~~~Electronic
The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the
Surety of any of its obligations to
((nunrs name and address of OwnerJ
,OWNER,
as set forth in said Surety's bond.
MIWETNESS WHEREOF, the Surety has hereunto set its hand on this date:
(nert in writing the month filewed by Ike numeric date and yearJ
(SureYg
(Signature of auihale:ed rrpreserettive)
(Printed name and tidte)
Attest: (Seal):
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SECTION 00900
FINISH SELECTION SUMMARY
PART I - GENERAL
1.1 DESCRIPTION
A. The following list is a compilation of materials and products that are standards for this Project.
It is intended to extend information in the technical specification sections by giving specific
texture, finish, manufacturer, and model number of finish products, and to link the
Specifications with the Drawings,
B. Where other manufacturers are listed in a technical section as acceptable, products of these
may be submitted for evaluation by the Owner- However, determination by the Architect
regarding equivalency will be made on a product by product basis and the listing of a
manufacturer as acceptable may not necessarily imply that the particular product submitted
will be accepted as an equivalent.
1.2 SUMMARY OF FINISHES
06200 Finish Carpentry:
A. Wood Trim Species and Cut:
09300 Ceramic Tile:
A. CTF-1: DalTile, Keystones, D326 Dapple Gray, 2x2 inch.
B. CTB-1: DalTile, Keystones, D326 Dapple Gray, 2x2 inch, MB-5A
C. CTW-1: DalTile, Semi-Gloss, 0147 Pepper White, 4 /4 x4 % inch.
D. CTW-1 DalTile, Semi-Gloss, DH-69 Denim, 4 1/ x4 1/4 inch.
09651 Resilient Base:
A. Base: RB-1: Roppe, P-100 Black, 4" high, coved, continuous.
09653 Resilient Flooring:
A. Floor: RF-1:
09910 Painting:
A. PNT-1 (Typ): Benjamin Moore Classic Colors, Cameo White Interior Ready-Mixed
B. PNT-2 (Accent): ICI Paints, Farmer's Almanac 555
C. PNT-3 (Frames): Benjamin Moore Classic Colors, Equestrian Gray 1553
D. PNT4 (CeilIngs): Benjamin Moore Color Preview, White Heron OC-57
E. PNT-5 (Accent): ICI Paints, La Place 744
10155 Toilet Partitions:
A. Metal Color: As selected by Architect.
10400 Identifying Devices:
A. Color: As selected by Architect to match existing.
END OF SECTION
City of Dallas Emergency Operations Center Alterations FINISH SELECTION SUMMARY
GSRA Project No. 1814 00900 - 1 26 July, 2006