#09-5234 (DeAngelis Amend #1)
EXHIBIT A-I Contract Amendment #1
"CCAAlUSDA Manufacturing Building - Immokalee Airport"
This amendment, dated ~t{'L i/ ,2010 to the referenced agreement shall be by and between
the parties to the origina~ greement, DeAngelis Diamond Construction, Inc. (to be referred to as
"Contractor") and Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
RE: Contract # 09-5234 - "CCAAlUSDA Manufacturing Building - Immokalee Airport"
In order to continue the services provided for in the original Contract document referenced above, the
Contractor agrees to amend the above referenced Contract as follows:
The Collier County Construction Services Agreement documents are deleted from the document in its
entirety.
The documents in the Supplemental Authorization Exhibit "AI-A" attached to this Amendment and
incorporated herein by reference will replace the Collier County Construction Services Agreement.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
Accepted: t:: '/
,2010
CONTRACTOR:
DeAngelis Diamond Construction, Inc.
By:
BOARD OF COUNTY
COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:CJ",,~a.J.<S~ ~
Debra Brueggeman, Proj. anager
'D A \I..t'n b.1'tV1 t.l-"
Type Name of Signatory
By:...
CO~~rCT SPECIAL.IST. (
By (~4Y' f; I yJ,~
Lyrir!' Wood
USDA.FmHA
Form RD 1924-5
(Rev. 8-93)
FORM APPROVED
OMB NO. 0575-0042
INVITATION FOR BID
(Construction Contract)
Collier County Airport Authority
(Name of()wner)
(Place) N~p 1 p~, Fl nri t'!;:l
2005 Mainsail Orive,Naples, FL 34104
(Address, Includtng UP Code)
(Date) July 29, 2009
SEALED BIDS, subject to the conditions contained herein, will be RECEIVED until
2:30
{8
a.m.
p.m.
October 2 D, 3..Q.Q2.. and then opened, for furnishing all materials and performing all work for
CCAA/USDA Manufacturing Building - Immokalee Airport
Plans and specifications, not exceeding two sets, may be obtained from
3301 E. Tamiami Trail, Building G, Naples, FL 34112
Collier County Purchasing,
Form FmHA 400-6, "Compliance Statement",
{ Dwill }
0wlll not be submitted with this bid.
o will },
o wilt not be required.
Surety bond In the amount of the contract price {
Liquidated damages for delay will be $500.00
Payments will be made as follows To Be Determined
Bids must be submitted on the last page of this form, and the successful bidder will be required to execute Form
RD 1924-6, "Construction Contract", and must comply with the "Notice of Affirmative Action to Ensure Equal
Employment Opportunity", required by E. O. 11246, the "Equal Opportunity Clause", published at 41 CFR 60 -1.4
(a) and (b), and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications",
required by E. O. 11 246, which follows:
pubUc repor/ing bUffJen fo/ IhllI caUeation 01 information ill e$/Imaled to aver. 16 mjnute$ per response, including the tlma for re>llewlng instfllcl/ons, selfChing
erlsllng dala sources. gathering and maintaining 1M data na""ad, and completing IInd /'fIvI.wlng the colfactlon of informllDon. Send commenl4 rogardlng fills brlll>>n
esUmllte or eny othet aspect of this collection of InfarmaDan, Including suggestlolls farreduf!ing this burden, 10 Deearlment of Agriculture, Cia",,," Omcer, OIRM, AG
Box 76-30, Washington. O. C. 20260; and to /he Office of Managemenl and 8udge~ Paperwot/( Reducllon Project (OMB No. 057.5-0042). W.$I1/ng/on, D. C. 20503.
Please DO NOT RETURN ~ rorm to ./ther of the$O ecJcJreS<iell. Forward to FmHA only.
RD 1924-S (Rev. 8-93)
Position 6
2
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY (Executive Order 11246)
Date _
City
DOL Region
Goals and Timetables for WOMEN (Exhibit D, FmHA Instruction 1901-E)
Timetable TrlIde Goal (%)
From 4-1-78 until 3-31-79 Ail trlldes 3.1
From 4-1-79 until 3-31-80 All trades 5.1
From 4-1-80 until 3-31-81 All trades RQ
EQUAL OPPORTUNITY CLAUSE (41 CFR 60-1.4 (a) and (b)
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion. sex or
national origin. The contractor will take affinnativa actlon 10 ensure that applicants are employed, and that employees are
treated during employment, without regard to their race. color, religIon, sex or nallonal origin. Such action shaM Include, but not
be limited, to the following: employment, upgrading. demotion or transfer, recru~ment or recruitment advertising; layoff or
tennlnatlon; rates of pay Of other forms of compensation; ~d selection for training, includIng apprenticeship. The contractor
agrees 10 post in conspicuous places, available to employees and appUcants for employment, notices to be provided by the
Farmers Home Administration setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, In all soUdtatlons or advertisements for employees placed by or on behalf or the contractor, state that all
qualifaed applicanlll will receive consideration for employment without regard to race, color, religion, sex or national origin.
(3) The contractor Will &end to each labor unlon or representative of workers, with which contractor has a collective bargaining
agreement or other contract or understanding, a ncUce, to be provided by the Fanners Home Administration, advising the said
labor union or workers' representative of the contractor's COlTYTlllments under this agreement as required pursuant of Section
301 of Executive Order 11246, of September 24. 1965, and shall post copies of the nollce In conspicuous places available to
employees and applicants for employment.
(4) The contractor will comply With all provisions of such executive Order and or all relevant rules, regulations, and orders of the
Secretary of Labor and of any prior authotity which remain In effect.
(5) The Conlractor Will furnish alllnformallon and reports reqUired by such Executive Order, rules, regulations, and orders, or
pursuant thereto, and will permit access to books, records, and accounts by the Farmers Home Administration and the
Secretllry of Labor for purposes of Investigation to ascertain compliance with such rules. regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules.
regulations, or orders, this contract may be canceled, terminated or suspended In whole or In part and the contractor may be
declared Ineligible for further contracts In accordance with the procedures authorized in such Executive Order and such other
sanctions may be imposed and remedies Invoked as provlded In the Executive Order or by any such nAes, regulations, or
orders, or as othefWise provided by law.
(7) The contractor will Include the provisions ofparllgrllphs (1) through (7) in every subcontract or purchase Ofder. unless exempted by such
rules. regulations, or ardllrs. 80 that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action
as lhe Farmers Home Admlnistrallon may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided,
howevE/r, that In the evenl the contractor becomes Involved in. or Is threatened with. fttIgaUon with a subcontractor or vendor as a result of such
direclion by the Farmers Home Administration. the contractor may request the United Slates to enter Into such litigation to protect the Inlerest of
the United States.
RD 1924-5
STANDARD FEDERAL EOUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACf 3
SPECIFICATIONS /EX. O. 112461
I. As used in !h~,~ specifications;
a. 'Covered arOll' mcaJ1llthe geagraphica111T0ll
describod in the solicitation from which this contract
n:suIkd;
b. "Dirc<:t01" means Director, Office of Federal
Conlrllct Complianc~ Programs, United StatllS
Depllrtm~nt of Labor, or any person to whom the
Director delegams authority;
o. 'Employer identifJClltian number" means the
federal Social Security number U3ed on !he Emp1oyer's
Quarterly Federal Tax Return. U.S. Treasury
Dcpar1ment Form 941.
d. 'Minority" includes:
(l) Black (all persons having origins in any of the
Black African racial groups not of HiJpanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican.
Cuben. Central or South American or other Spanish
Culture or origin, n:gllTdlC!l:l afl1lCC);
(Hi) Asian and Paeific Islander (all persons having
origins in any of the original peoples of the Far Easl,
Southeast Asia, the Indian Subcantil\l!lt, or the Pacific
Islands); and
(iv) American Indian or Alaskan Native
(all persons having origins in any afthc original peoples
ofNarth American and maintaining identifiable and
participation or community identification).
2. Whenever the Contractor, or any Suboontl1lclOr at
any tier, subcontraCIS a pordan of the worIc involving any
construction trade, it shall physically include in each
subcontract in exceS! af$10.000 the provisions of these
specifications and the Notice which contains the
applicable goals for minority and female participation
and which is set fortll in the solicitations from which
this contract resulted.
1 If the Contractor is participating (pursuant to 41
CPR 60-4.5) in II Hometown Plan approved by the U.S.
Department of Labor in the covered area ei!her
individually or through an association. its affmnlllive
action obligations on all work in the Plan area
(including gollls and timetllblcs) shall be in accordance
with that Plm for those tnldes which have unions
participating in the Plan. Contractors must be Ilble to
demonstrate their participation in and compliance with
tJ1C provisions of any such Hometown Plan. Each
Connctor or SubcontraclOr participating in an approved
Plan is individually required to comply with its
obligations under the EEO clllUse, and to make a good
faith effort to achieve Cllch goal under the Plan in each
trade in which it has employ~es. The overall good faith
perfonnance by other Contractors or Subcmltractor1
IOWan! a goal in an approved Plan does not excuse any
covered Contractor's or Subcolltructor1 failure to take
good faith efforts to achieve the Plan goals and
timetables.
4. The Contrlll;tor shall implement the specific
arfinnative action standards provided in paragraphs 7a
through p of these specifications. The goals set forth in
the solicimtian from which Ulis contract resulted arc
expressed as pcr<:cnlages of the total hours of
employment and trllinint:aflllinol'ity and female
utilization thc Contractor should reasonably bc able to
achieve in each oonslructian trade in which it hM
employees in the covered arell. The Contractor is
expected to mob substantially uniform progress toward
its goals in each craft during the periad specified.
5. Neither the pra~isians afany oollective
bargaining ayeement, nor the fail ure by a
union with whom the Contractor has a collective
barsalning a\lfOllment, to refer either millOrities or
women shall e~use the Con-tractor's obi igations under
these specifications. Executive Order 11246, or the
regulatiOl'lB promulgated p1II3UWlt thereto.
6. In ordOl' for the nonworking training houl1l of
lIPprentices and trainees to be counted in meeting the
goals, such apprentices IlIld trainees must be employed
by the.Contractor during the trainina period, and the
Contractor must have made a commitment to employ
the apprentices and trainees at the completion ofthcir
training. subject to the availability of employment
opportunities. Trainees must be trained pursll1Ult to
training progralllll approved by the U.S. Department
of Labor.
7. The Contractor shall take specific affirmative
actiolLS to ensure oqual employment opportunity. The
evaluation of the ContractOrs compliance with theae
.specifications shall be based upon its effort to achieve
maximum results from its aoUana. Tho ConliaC\Or shall
document these efforts fully, and shall implement
affinnalive action steps at least as extensive as the
following:
a. Ensure and maintain a working en~iranment free
ofharall8mllllt, intimidation, and coercion at all sites.
and in all facilities at which the Contractor's employees
are assigned to work. The Contractor, where possible,
will assign two or more women to each construction
projeets. The Contractor shall specifically ensure that
all foremen, superintendents, and other on-site super-
visory personnel an: aware of and ClITry out the Con-
IractOr'S obligation to maintain such a working enviran-
lIIent with specific attention to minority or female
individuals working at sllch sites or in such facilities.
b. Establ ish and maintain a current list of minority
and female recruitment sources, provide wriUen
notification to minority and female recruitment sources
and to oomlnunity organiZlltions when the Contractor
or its unions have employment opportunities available.
and maintain a record of the organization's responses.
c. MAintain a currcnt file of the lllIIlIes. addresses and
telephone numbC1'3 of each minority and female
aff-the-street applicanl and minority or fernal~ r~ferral
from a union, a recruitment source of commWlity
organization and of what action was taken- with respect
to cacb such individual. If such individual was sent 10
the uni on hiring hall far referral and was not referred
back to tile Cantraclor by the lmion or, if referred, not
employed by the Contractor, this shall be documented
in the file with the l'C8San therefor. aloog with whatever
additional actions the Contractor may have taken.
d. Provide immediate wriUen notification to the
Director when the Wlioll or unions with which the
Contractor has a collective bargaining agn:ement has
not referred to the Contractor a minority perxon or
woman sent by the Contractor. or when the
Contractor hils alher information that the union referral
process has impeded the Contractor's efforts to meet
its obligations.
e. Devdop an-the>-jab training opportunities I\fIdlar
participal~ in trailling programs for the area which
expres:l1y include minorilies and women, ino1uding
upgrading prognlJns and apprenticeship I\fId trainee
programs relevl\fltto the Contractor's employment
needs, especially those programs fWlded or approved
by the Departm~nt of Labor. The Contractor shall
provide notice of these programs to the sources
complied under 7b above.
f. Disseminate the Cantrllclor's EED policy by
providill8 notice of the policy to unions and training
program. and requestina their cooperation in
asslsting!he Contractor in meetill8 its EEO obligations;
by including it in any policy manual and collective
bargaining agn:ement; by publicizing it in the
compall}' newspaper, annual report, etc., by specific
n:view oflhe poliey with'all management pcnonnel
and with all minority end female emplayeCll at least
once a year; and by )lOIting the company EEO policy
on bulletin boerd& acc:cssible to all employees at each
location when: oonstruetlon work is perfonned.
g. Review. at least annually, the OOlllpany's EED
policy and affinnlltive IICtion obligations under th*
specifications with all employees having any
responsibility for hiring. assignment, layoff,
termination or other employment decisions including
specific review of these item. wilh on.
site su~rvbory personnel such as Superintendents,
General Foremen, ctc., prior to the initiation of
eanstructian work at any job site. A wrillen record shall
be made and maintained identif1 ing the time and place
of these meetings, penons attendin& subject matter
discussed, and disposition of the subject matter.
h. Disseminate the Contractor's BOO policy
externally by including it in any advertising in the
news media, specifically including minority and
female news media. and providins!he Con-
tractor's BOO policy with other Cantraclors and
Subcontractors with whom the ContraCtor doCll or
anticipates doing busincs8.
i. Din:ct iQ n:cruitment efforts, both oral and written,
to minority, fCllllale and community organizations, to
schools with minority IIl1d female students and to
minority end n:cruilment and training organizations
serving the Contractor's recruitment area and
environment needs. Not later than one month prior 10
the date for the acceptallce of applications for
apprenticeship or other training by allY recruitment
source. the Contractor shall send written notification
to the organizations such as above, describing the
openings, ~crcening procedures, IlIld tests to be used in
the selection proccss.
j. Bnoouragc present minority and female
employees to recruit other minority pel'iOllS and
women and, where reasonable, provide after school,
summer and vacation employment to minority and
female youth both on the site and in other areas of a
Cantraotor's work force.
k. Validate all tests and athcr sclectian
requirements where there is an obligation to
do so under 41 CFR Part 60-3.
l. Conduct, at least annually, an inventory and
evaluation at least of all minority and female
personnel for promotional opportunities and
encourage these employeea to seek or preplll'e for.
thraueh appropriate training. ele., such opportunities.
m. Ensure that seniority practices, job clll&'l-
ifications. work Issigmnenls and other personnel
practices, do not have a discriminatory effect by
oolltillually monitoring all personnellOd employ-
ment related activities to ensure that the EEO policy
and the Contractor's obligations under these
specifications are being carried out
n. Ensure that all facilities and company
activities are non-segregaled except that separale or
single-user toilet and necessary changing facilities
shall be provided to assure priVllcy between the sexes.
RD 1924-5
o. Document and maintain a record of all
solicitations of offers for subcontracts from
minority and female construction contrac-
tors and suppliers, including circulation of
solicitations to minority and female contrac-
tor associations and other business
associations.
p. Conduct a review, at least annually, of all
Bupervisors' adherence to and perfor-
mance under the Contracto~s EEO policies
and affirmative action obligations.
8. Contractors are encouraged to partici-
pate in voluntary associations which assist in
fulfilling one or more of their affinnatlve action
obligations (7a through p). The ef- forts of a
contractor association, joint con-
tractor-union, contractor-communlty, or other
similar group of which the contractor Is a
member and participant. may be assert- eel as
fulfilling anyone or more of its obliga-
tions under 7a through p of the Specifica-
tions provided that the contractor actively
participates in the group, makes every effort
to assure that the group has a posi-
tive impact on the employment of minor-
ities and women in the Industry, ensures
that the concrete benefits of the program
are renected in the Contracto~s minority
and female workforce participation, makes a
good faith effort to meet its individual goals
and timetables, and can provide access to
documentation which demonstrates the ef-
fectiveness of actions taken on behalf of the
Contractor. The obligation to comply. how-
ever, Is the Contractor's and faliure of such
a group to fulfill an obligation shall not be a
defense for the Contractor's noncompliance.
9. A single goal for minorities and a sepa-
rate single goal for women have been estab-
IIshad. The Contractor, however, is required
to provide equal employment opportunity
and to take afflrmatlve action for all minor-
ity groups, both male and female, and all
women, both minorIty and non-minority.
Consequently, the Contractor may be In vio-
lation of the Executive Order if a particular
group Is employed in a substantially dispa-
rate manner (for example, even though the
Contractor has achieved Its goals for women
generally, the Contractor may be In viola-
tion of the Executive Order if a specific mi-
nority group of women Is underutitized).
10. The Contractor shall not use the goals
and timetables or affinnative action stan-
dards to discriminate against any person be-
cause of race, color, religion, sex, or national
origin.
11. The Contractor shall not enter Into
any Subcontract with any person or firm de-
barred from Government contracts PUI'5U-
ant to Executive Order 11246.
12. The Contractor shall cany out such
sanctions and penalties for violation of
these specifications and of the Equal Oppor-
tunity Clause, Including suspension, termi-
nation and cancellation of existing subcon-
tracts as may be imposed or ordered pursu-
ant to Executive Order 11246, as amended,
and Its implementing regulations, by the
Ofllca of Federal Contract Compliance Pro-
grams. Any Contractor who falls to carry
out such sanctions and penalties shall be in
violation of th888 specifications and Execu-
tive Order 11246, as amended.
13. The Contractor, in fulfilling its obliga-
tions under these specifications, shalllmple-
ment specific affirmative action steps, at
4
least as extensive as those standards pre-
scribed In paragraph 7 of these specifica.
tions, so as to achieve maximum results
from Its efforts to ensure equal employment
opportunity. If the Contractor fails to
comply with the requirements of the Execu-
tive Order, the Implementing regulations, or
these specifications, the Director shall pro-
ceed In accordance with 41 CFR 60-4.8.
14. The Contractor shall designate are.
sponslble official to monitor all employment
related activity to ensure that the company
EEO policy is being carried out to submit
reports relating to the provisions hereof as
may be required by the Government and to
keep records. Records shall at least include
for each employee the name, address, tele.
phone numbel'5, construction trade, union
affiliation, if any, employee Identification
number when assigned, social security
number, race, sex, status (e.g., mechanic, ap-
prentice, trainee, helper. or laborer), dates
of changes in status, hours worked per week
In the indicated trade, rate of pay, and loca.
tions at which the work Was perfonned. Re-
cords shall be maintained in an easHy un-
derstandable and retrievable form; however,
to the degree that the existing records satisfy
this requirement, contractors shall not be
required to maintain separete records.
15. Nothing herein provided shall be con-
strued as a limitation upon the application
or other laws which establish different stan-
dards of compliance or upon the application
of requirements for the hlrtng of local or
other area residents (e.g., those under the
Public Works Employment Act of 1977 and
the Community Development Block Grant
Program).
The right is reserved, as the interest of the owner may require. to reject any and all bids, to waive any
informality in bids received, and to accept or reject any item of any bid unless such bid is qualified by specifIC
limitation.
Envelopes containing bids must be sealed, marked, and addressed as follows:
Bid for.~.~.!.y'?P~....~.~~.~.~.:.~.~.:f.~.~....~~.~.~9..~~.~....::....
rmmokalee Airport
......-...................-..-..........................................-.......-...................-.....
To be opened .~_~.:.~.~.:.~.9.9.~._.._...__......_...................................
3301 E. Tamiami Trail, Bldg. G
Naples, FL 34112
..........................................................-..............................................
(Address, including ZiP C()de)
................................................................n......................................n..
(Address, Incll/ding ZIP Code)
RD 1924-5
_AlA DocumentA701'"-1997
InstrUctions to Bidders
for.lhe following PROJECT:
. (N(l11Je and location or address):
CCAA USDA Manufacturing Building - ImrnokaIee Airport
ImmokaIee, .Florida,.,. :,
1-""'.
,Il.:':;-'
ADDITIONS AND DELETIONS:
The author of this documenl has
added Information needed lor Its
completlon. The author may also
have revised the text of the original
AlA standEl'd focm. An Additions and
Deletions Report that notes added
infocmalion as well as revisions to
the standard form text Is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where 1he aulhor has added
necessll'y information and where
the author has added 10 or deletad
from the ociginal AlA text.
This document has Important legal
consequences. Consultation with an
atIomey Is encouraged wnh respect
to lis completion or modification.
..THE OWNER:~ .
,(Name andt:ui4ress).", " '
. <;ollier c~~fjI'Air@:tX1ithority
,,2Q05 M~sailDrive; Suite 1.
..' .Naples,pI.; .. 341 ~4" .~';' .,.... .. :
''i'V;i::i'
THEARClUiECT: :.,;;r"
(NafM,llnJad!Jrest/: .: ,:,,;;-:::
Q.Gnldy.Mln9(~ A$$oCi~t~s, P.A., Subchapter S Corporation
3800 Via net Re"" ::' :,"
goniu SO"'. " .... 'k 34134-
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TABLE OF ARTICLE~~~ .'::',"::: i'
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B'DDER'~REP~SENTA nONS
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BIDDING DOC~~I;~TS
'........!IlI'''r.,.,!i''
. ;' :~.,'jl :,' i.i:;; :':
BID[)I~~I:JRi)C~DURES ..
I;':': ~::~: :!'H!'~J!:: il!
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C()~5!9~RA~19N OF ~!Q~i
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6
POST..aID INFORMATIQN.,
a:
7
PERFORMANCE BONO AND PAYMENT BOND
" ., ,.~ .,' , ,', . ,-, .'.. '''i '-,-.. 'i:."l~
8
FORM OF AGREEMENT BElWEEN OWNER AND CONTRACTOR
AlA Document 14.7011" -1997. Copyright II) 1970,1974, 1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This
AlA- Document is protected by U.S. Copyright law and International Treaties. Unauthorized repraductlon or distribution of this AlA- Docurmmt, or 1
any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extenl possible under the law. This
document was produced by AlA saflware at 09:42;41 on 05/1212010 under Order Na.8476576680_1 which expires on 51412011, and Is not for resale.
User Notes: (1376454639)
ARTICLE 1 DEFINITIONS
! 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding
Reql!iI'ements consist of the Advertisement or fuvitation to Bid, fustroctions to Bidders, Supplementary Instructions
to Bidders, the bid form, and othes sample bidding and contract forms. The proposed Contract Docwnents consist of
the fonn of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and
Other Conditions), Drawings. Specifications and all Addenda issued prior to execution of the Contract.
, ~,J.2 Definitions set forth in the General Conditioo8 of the Contract for Construction, AlA Document A201, or in
other ContractDocuIIl~~ are applicable to the Bidding Documents.
. '-, ".,1. :i.iE t- -.,1'" "":,'"
!fi":ii:i'i '.
5.1.3 Addet:i'~~ wri..~~.o/ graphic instruments issued by the Architect prilX to the execution of the Contract which
:ffi~fy oc itftfiPtet;ljeBiddmg Documents by additions, deletions, clarifications or corrections.
I'.., ," ;;'r.'''''lr~:':;;:''''''
, i' iii, i~i-ii~'~i:'" ':~ ;~: ,,:;:iji.;',j';' ~
~J.4 AB!4.!s~com~1~~an4properly executed proposal to do the Work for the sums stipulated therein, submitted
in. a.ccor~~wi,~ tb~Birl1;rig Documents.
L":
:' -.,;,.".',' :._',.:',i: :',
~ 1.5Thea1Se.~idisth~~um'stated in the Bid for which the Bidder offers to perform the Wock described in the
. Bidding tlbcllmen~ a~ We~'e, to which Work may be added or from which Work may be deleted for sums stated
llt' Alternate Bids. .
~':6 An ~i#aII'~j4 (OrA,1~ijIlate) is an amount stated in the Bid to be added to or deducted from the amount of
the Base Bid if@:C9(respongipg change in the Work, as described in the Bidding Documents, is accepted.
. ,_ :'.or,,',',':
":.~ ~1. !'^J.!nitJ'iipe'i,~.,,:::,""':';ilt stated in the Bid as a price per unit of measurement for materials, equipment or
,<:;erviCe$.~aporti!>n e.\,Vprk as described in the Bidding Documents.
I 1:: r. '>I:~"'I": r: ,,'" . ':'.~ :F,"" . .0.
j ~': :: '~:~\:::::;~T~~'.:} : ': ::::~:: !::. ,': :': ir:1YHi
'! 1.,,8 'A'Bi~~eiisapc:rs6n9~'#ritity who submits a Bid and who meets the requirements set forth in the Bidding
. Docuni81t~i;:. ..,.... : . " ... "",
:._ .. , _. .:, . ..",'-"1
'if.$ 'A,Sub-bidderisa person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion
()(th~ Work.' .. ..",;
". . . _. ,_" .., _, ~ " ", I:'; I"
ARTICLE 2 BIDDER'S REPREseNTATIONS
.. ~11 Th~~Ida~ byrnll,k;ing a Bid:' tt;pt~ents that:
~2..1. tTh~'Bidderhl:lStead:and understands the Bidding Documents or Contract Documents, to the extent that such
d6Cunl:entlltioo.'rellites to theWorK fO!;' ,Which the Bid is submitted, and for other portions of the Project, if any, being
bidconcmterttly or presencl)/under'coostruction.
. ':' ,,' > :.,' !:-:I::; ':j '. .'i<,. . ,'-'!l;:';"" ;,~ "1~ ':11: : ":' '-:~" : ';~i;I:.'!I~'
.' , " .' ..'. ,.'..,". ','" '''- ' . ....' .-:" :, ,..,~.
~ 2.1.2 The Bid is made in compliance with the Bidding Documents.
C' . '..", ',' .,. .,,' .',',,:__ .-:'1"'<,,.:"
~ 2.1..3 The Bidder h~yisitedtbe site, become familiar with local conditions under which the Work is to be
perfonned and has correlatedflie Bidder's personal observations with the requirements of the proposed Contract
Documents. .
~ 2~1.4 The Bid is based upon the materials, equipment and systems required by the Bidding Documents without
exception. . .
ARTICLE 3 BIDDING DOCUMENTS
~ 3.1 COPIES
~.3,1.1 Biddt7s may obtain complete sets of the Bidding Documents from the issuing office designated in the
Advertisement of Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will be
refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten
days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted from the
deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder's deposit will be
refunded.
AlA Documenl A701lU - 1997. Copyrlght~ 1970,1974. 1978,1987 and 1997 by The American Ins~lute 01 Architects. All rights reserved. WARNING: This
AlA- Document Is protected by u.s. Copyright Law and International Treaties. Unauthorized reproduction or dIstribution of this AlA- Document, or 2
eny portion of it, may result in severe civil ancl criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
document was produced by AlA software at 09:42:41 on 05/1212010 under Order Na.8476578680_1 which expires on 5/412011, and is 1101 lor resale.
User Notes: (1376454839)
~ 3.1.2 Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the
Advertisement or Invitation to Bid, or in supplementary instructions to bidders.
~ 3.1.3 Bidders shfll use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect
assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding
Pocuments.
~ 3.1.4 The Owner and Architect may make copies of the Bidding Documents available on the above terms for the
ptupose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding
Documents.
~ 3,2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS
~ 3~,2.1 Th,eBi<ider shalfearefuIly study and compare the Bidding Documents with each other, and with other work
be~?g bidc~n~eRtl~~fprt:~ently under construction to the extent that it relates to the Work for which the Bid is
submitted. shaH ex~,~ the~ite and local conditions, and shall at once report to the Architect errors,
incOnsis;encies Of aqlbf~?!~ ~scovered.
~3.i~~i~ders",~~:.~UQ;:bi4.<i~~ requiring clarification or interpretation of the Bidding Documents shall make a
writteIl request~p~ch~':aQxi*ch the Architect at least seven days prior to the date for receipt of Bids.
,;';:i '1";1;1 '., l~; r .'ii ,~.;ii;i;'
~ 3.4 ADDENDA'
~ ~.4.1 Add.en~,o/in be transmitted to all who are known by the issuing office to have received a complete set of
Bidding DocuJn7Dts.
~ 3.4.2 Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that
purpose.
~3.4.3 Addenctilwill be issued no later than four days prior to the date for receipt of Bids except an Addendum
withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.
~ 3.4.4 Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the
Bidder shall acknowledge their receipt in the Bid.
AlA Document ATOP" -199T. Copyright\CI1970. 1974,1978.1987 and 1997 byThe American Jnstitu1e of Architects. All rights reserved. WARNING: This
AlAe Documentls protected by U.S. Copyright Law and International Trealies. Unauthortzed reproduclion or di$lributlon of this AlA- Document, or 3
any portion of II, may result In severe civil and criminal penalties, and will be prosecuted to Ihe maximum extent possible under the law. This
document was produced by AlA software at 09;42:41 on 051121201 0 under Order Na.8476578680_1 which expires on 5/4/2011, and is oot for resale.
User Noles: (13764541139)
-
ARTICLE 4 BIDDING PROCEDURES
U.1 PREPARATION OF BIDS
14.1.1 Bids shall be submitted on the fonns included with the Bidding Documents.
~ 4.1;2 AU blanks an the bid form shall be legibly executed in a non-ensable medium.
~ 4..1.3 Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall
govern.
~. 4.1.4lnterlineations.81ter8tions and erasures must be initialed by the signer of the Bid.
~; ;,<,
..~ 4.1.5 All requested A1t~ates shall be bid. If no cbange in the Base Bid is required, enter "No O1ange."
~ .4..1.6 Wl1ere.!.\Vo or. more Bids for designated portions of the Work have been requested, the Bidder may, without
fqrt'eitur.~.ofthe bid Security; 'state the Bidoo-'s refusal to accept award of less than the combination of Bids
.stipul~tedbytlieB.i4aer: TIle.Bjdder shall make no additional stipulations on the bid form nor qualify the Bid in any
~therm~ei. .!,':< .;. . ' ....'
':,';:," -'i" ,'.1': ,'!;:~"" '. - ,,"L.:1' ?::~"::' ":
"f +.~~7..~dt .cp~iOftl1~I3id".~'a1l state the legal name of the Bidder and the nature oflegal form of the Bidder. The
a.~d.?F:#a~,~e~d~.e~~~# of, legal authorio/ to perform with~ the jurisdiction of th~ Work. Each ~y shall be
~l~~, bythe~sl)l:\,~t ~OI1s1egally authorized to bind the Bidder to a contract. A Bid by a corporation shall
furtlier give me s~t7()fiD'c~~8tion and have the corporate seal affixed. A Bid submitted by an agent shall have a
elfrrent pow~r9~,~~OCri~t.a~i~~~~~ certifying the agent's authority to bind the Bidder.
jj;:;'I,;:ieE"
l' .,"'. .'"','"
!4.2. ~)DSECURITY*.".:'
.~. 4..2.1 Eacbaid ~ijall~.aCC9!llPanied by a bid security in the form and amount required if so stipulated in the
Instruct.jqos to,J:H:~,!lf:Cs; 'nl~. }}idder pledges to enter into a Contract with the Owner on the terms stated in the Bid
and.)ViQ.ifr~uired,~jSJ.jpoi.1ds covering the faithful performance of the Contract and payment of all obligations
ari8~~.thereUndf:C' $hRuldth~ Bidder refuse to enter into such Contract or fail to furnish such bonds if required, the
~oUnt'Ofthe.W4~~rity;shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of
'm~ 1>!(l s~uritY.,sh~~9:~t.i~f?rfeited to the Owner in the event the Owner fails to comply with Section 6.2.
'! .;~,::.,t'~: :" ;'. ':~ ",-, <- .~'. ,II~ r :::: ,/:=~;"~:':~_:';;:::";' ~, .";".:,,;i:;q
~4.2.2 If asm-ci'y'li9Pa is'I'equired;)fsliiiI1 be written 00 AlA Document A31 0, Bid Bond, unless otherwise provided
'rothe, B,icjdillg QQCmnents, andtJi~,,*t~ey-in-fact who executes the bond on behalf of the surety shall affix to the
· bond a certified'a,t1d~~I'rentcoPY of the power of attorney.
:"":"::';:--,'::. "" '.. '::.' t: 'd.i'~r':t:~ ~::~,:::t::~' "; ,;;. .:
~ 4.2.~The O\\1lerwill have.~tlfigljttQretain the bid security of Bidders to whom an award is being consioo-ed
u..ntil either (a)ttJ.e Coo.. tracth'aS"beeJi"e.,.'.~.l.~.' ted and bonds. if required, have been furnished, or (b) the specified time
.. . . . . ""i:"'-l""t.". . ..: ,""
bas elapsed so that B!.ds may oe.withdtawn or (c) all Bids have been rejected.
~ 4.3 SUBMISSION OF B1D~
~ 4.3.1 All copies of the ~id, the bid security, if any, and any other documents required to be submitted with the Bid
shall be enclosed in a sealedopaqlle envelope. The envelope shall be addressed to the party receiving the Bids and
shall be identified. with the Project name, the Bidder's name and address and, if applicable, the designated portion of
the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a
separate mailirii envelope with the notation "SEALED BID ENCLOSED" on the face thereof.
~ 4.3.2 Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received
after the time and date for receipt of Bids will be returned unopened.
~ 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.
~ 4.3.4 Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered.
~ 4.4 MODlRCATION OR WITHDRAWAL OF BID
~ 4.4.1 A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following
the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid.
AlA Document A7D11N _ 1997. COpyright <<= 1970, 1974. 1976, 1967 and 1997 by The American nslitute a' Archlleets. All rIghts reserved. WARNING: This
AlA" Document is protected by U.S. Copyright Law and International Trealles. Unauthorized reproduction or distribution 01 this AlA" Document, or 4
any portion alii, may result In severe civU and criminal penalties, snd will be prosecuted to lhe maximum extent possible under the law. This
document was produced by AlA software at 09:42:4 t on 0511212010 under Order Na.6476576680_1 which expires on 5/412011. and is nal 'or resalll.
User Notes: (1376454639)
',0" ' .""", U,~~,frtor to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by
:, j:~:f: ,': ~:::::f )1. ~the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the
.. ii::,J"'~l"",".:'ofthe Bidder. Written confinnation over the signature of the Bidder shall be received, and date- and time-
., ..,''':,; ~staroped~by the reoeiving party on or before the date and time set for receipt of Bids. A change shall be so worded as
".9Qt\9,wveal the amount of the original Bid
"""i;"" 'i'l
';--" ;;T.>--",
i4:4.3 Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that
they are then fully in ~onnance with these Instructions to Bidders.
i: ;~""
: :-";V '~~!F,i<! ,,,;
.t4.4 Bid *!irity, if't". hired, shall be in an amount sufficient for the Bid as resubmitted.
;~!F!'l!r:~
. ~~~ if stipulated in the Advertisement or Invitation to Bid, the properly identified Bids
. .", -, Y opened and will be read aloud. An abstract of the Bids may be made available to
,,"'t to reject any or all Bids. A Bid not accompanied by a required bid security or by
J~id@1g Documents, or a Bid which is in any way incomplete or irregular is subject to
~r .,-" " ,.
the right to accept Alternates in any order or combination, unless otherwise specifically
ents, and to detennine the low Bidder on the basis of the sum of the Base Bid and
:'ARTiq~E;"~," PQ'~e!" . . O~ '" .. '
"f6.1 CONT . ,R:S,QUALIFlCATt TATEMENT
'.::ll~~~~n(o:" ,,"~~n~dror~Cl>!l~~ct is lDlder consideration shall submit to the Architect, upon request. a properly
ex~uM ........ oeument A~Q5' .., actor's Qualification Statement. unless such a Statement has been previously
.req11fr!"daDd'submitted asll'pre." Jino the issuance of Bidding Documents.
".,~, ,,':t, ..-,-"", :~"I~1 :!~,,~i!',~: ...~ ';~!:"d" ,I :;;1 '. 1. ,:,;,. ~..:~L '" .:1i""~,, ,'-:':'
':' -: ,,:. ,::',~~~',>:I.':_,,: :::',; 11..,:,\< -' ~:'f:! . ""i<!' ,,,"
::. i~J,QWNEfh RNANClAb.~APABIUTY
111~ Q.'-"Iler. ~hall,a,~m~t~~~t,of the Bidder to whom award of a Contract is under consideration and no later than
seven days pnor iet. ,.'" 0 ." .;, - · o,fiof the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that
fimuiCial arrangern . ,~ijmade to fulfill the Owner's obligations under the Contract. Unless such reasonable
~videnc~ i$, . ~.h~ th idder will not be required to execute the Agreement between the Owner and Contractor.
t: .:' ~t; ;~il!tl ::.'"
:1"
~~~3 SUB.. ,.' ..',' ,,,,~:';:::' ':,( .'
g 6.3.1 The Bid~,~a.U,' as soon as practicable or as stipulated in the Bidding Documents, after notification of
selection for the award of a Contract, furnish to the Owner through the Architect in writing:
",1"T,.;!l,~esignation of the Work to be performed with the Bidder's own forces;
. ,.2 ." nl!illes of the manufacturers, products, and the suppliers of principal items or systems of materials and
equipment proposed for the Work; and
.3 names of persons or entities (including those who are to finnish materials oc equipment fabricated to
a'special design) proposed for the principal portions of the Work.
g 6.3.2 The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and
responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding
Documents.
AlA Document A701'" _ 1997. Copyright@ 1970, 1974, 1978, 1987 and 1997 by The American Institute 01 Archilects. All rights rese/VlId. WARNING: This
AlA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA- Document, or 5
any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
cIocument was produced by AlA software at 09:42:41 on 05lt 21201 0 under Order Na.8476578680_1 which expires on 5/412011, and 15 not for resale.
User Notes: (1376454839)
.' .j"."
~ 6,3.~ .PJ:ior to the execution of the Contract, the Architect will notify the Bidder in v.riting if eithel' the Owner or
,~b!tc:ct! after due investigatioo, has reasonable objection to a person or entity proposed by the Bidder. If the
9ffi~l9I'!:Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder's option,
(l)'withdTaw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or
.f\ltepl!lte Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted
bia.pr,ice or disqualify the Bidder. In the event of either withdrawal oc disqualification. bid security will not be
'fOCfeited.
proposed by the Bidder and to whom the Owner and Architect have made no reasonable
e Work for which they were proposed and shall not be changed except with the v.ritten
chi teet.
. .,.,J~~g Documents, the Bidder shall furnish bonds covering the faithful perfonnance of
'en,t.pf ,.' 'obligations arising thereunder. Bonds may be secured through the Bidder's usual
bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid
j~ required after receipt of bids and before execution of the Contract, the cost of such
.,.,." determining the Contract Sum.
at bonds be secured from other than the Bidder's usual sources. changes in cost will
ontract Documents.
.'fgRM OF BONDS
~~'the required bonds to the Owner not later than three days following the date of
e Work is to be commenced prior thereto in response to a letter of intent, the Bidder
t of the Work, submit evidence satisfactory to the Owner that such bonds will be
~cordance with this Section 7.2.1.
;I!!i
".'...
. 'tids shall be written on AIA Document A3l2, Performance Bond and
"'tten in the amount of the Contract Sum.
-i" ;l:j,:lf.:m; ~::i'
'; ~ 7.2;'4/rneBidder shall
. '''m~tetQ~:~f1!4 an,~:f
.,";;;'ey-in-fact who executes the required bonds on behalf of the surety to affix
.,Pfthe power of attorney.
. ",,,.
.'.I:;;.!,',,;'!
.. ARTICLE 8 FORM OFAGRE:~MENT BElWEEN OWNER AND CONTRACTOR
Uniess other'Wise req~I{~'m)~~~idding Documents, the Agreement for the Work will be v.ritten on AIA
A1Ol, Stan4l!i:4P:<:>Qiibf Agreement Between Owner and Contractoc Where the Basis of Payment Is a
AlA Document A701TM -1997. Copyright C> 1970.1974,1978,1987 and 1997 by The American Inslilute 01 Architects. All rights reserved. WARNING: This
AlA- Document is protected by U.s. Copyright law and Intematlonal Treaties. Unauthorized reproduction Ot distribution of this AlA- Document, Dr 6
any portion of It. may result In Dvere civil anti criminal penalties, and will be proseeuted to the mexlmum extent possible under the law. This
document was produced by AlA software at 09:42:41 on 0511212010 under Order No.B476578660_1 which expires on 51412011, and is not for resale.
User Notes: (1376454839)
Additions and Deletions Report for
a 1M
AlA Document A 701 -1997
Tbis A~itio/1S and Deletions Report, as defined on page 1 01 the associated document, reproduces beloW aD text the author has
'add'edto,thastandard form AlA document in order to complete it. as well as any text the author may have added 10 or deleted from
text Added tex! is shown underlined. Deleted text is indicated with a horizontal line through the original AlA text
Additions and Deletions Report Is provided for Information purposes only and is not Incorporated Into or constitute any
associated AlA document. This Additions and Delellons Report and its associated document were generaled
AlA soltwcli'e at 09:42:41 on 05112/2010.
Addltlons Bnd Deletions Report for AlA Document A701lN -1997. Copyright <<:) 1970, 1974. 1978, t987 and 1997 by The American Inslitule of Architects.
AU rights reserved. WARNING: This AlA- Document Is protecled by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 1
distribution of this AlAe Document, or any portion of It, may result In severe eMf and criminal penaltIes, and will be prosecuted to the maximum
extent pOSSible under the law. This doc~ent was produced by AlA saltw.1.re at 09:42:41 on 0511212010 under Order No.8476576680_' which expires on
51412011, and is not for resale.
User Notes: (1375454839)
,Q!rtlfication of Document's Authenticity
)i.jA~tjocument D401™ - 2003
,. !;'I
.....,..". E
. ,. " J;,:~k w. Minor, hereby certifyt to the best of my knowledge, information and belieft that I created 1he attached
. . fulatdocument simultaneously with its associated Additions and Deletions Report and this certification at 00:39:44
under Order No. 8476578680_1 from AlA Contract Documents software and that in preparing the
fmal,4ocumentt:llUlde no changes to the original text of AIA. Document A201TM - 2007 - General
,gt, C ,! . for Construction, as published by the AlA in its software, other than those additions and
s . iated Additions and Deletions Report.
AlA Document D401TM _ 2003. Copyrlghl = 1992 and 2003 by The American InsliMe 01 Architecls. All rlghls r"served. WARNING: This AlA- Documenlls
prolecled by U.S. Copyright Law and Inlernational Treaties. Unauthorized reproductron or distribution of this AlA- Document, or any portion of iI, 1
may result In severe civil and crIminal penalties, and will be prosecuted to the maximum exlent possible under the law. This documenl was produced by
AlA software at 09:39:44 on 05/12/2010 under Order Na.8476578680_1 which expires on 5/4/2011, and is not lor resale.
User Notes: (765324378)
RD Instruction 1924-A
Guide 1, Attachment 3
BID
Proposal of DeAngelis Diamond Construction Inc.
(hereinafter called "BIDDER"), organized and existing under the laws of the
State of Florida doing business as DeAngleis Diamond Construction,
Inc. * To the Collier County Airport Authority
(hereinafter called "OWNER").
In compliance with your Advertisement for Bids, BIDDER hereby proposes
to perform all WORK for the construction of CCAA/USDA Manufacturing Building
- Immokalee Airport
in strict accordance with the CONTRACT DOCUMENTS, within the time set forth
therein, and at the prices stated below.
By submission of this BID, each BIDDER certifies, and in the case of a
joint BID each party thereto certifies as to its own organization, that this
BID has been arrived at independently, without consultation, communication,
or agreement as to any matter relating to this BID with any other BIDDER or
with any competitor.
BIDDER hereby agrees to commence WORK under this contract on or before a
date to be specified in the NOTICE TO PROCEED and to fully complete the
PROJECT within 165 consecutive calendar days thereafter_
BIDDER further agrees to pay as liquidated damages, the sum of $ 500.00
for each consecutive calendar day thereafter as provided in Article 3 of the
Owner-Contractor Agreement.
BIDDER acknowledges receipt of the following ADDENDA:
Addendum 1-~
* Insert "a corporation", "a partnership", or "an individual" as applicable.
1/3
(2-16-83) PN 869
RD Instruction 1924-A
Guide 1, Attachment 3
BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for
the following unit prices or lump sum:
BID SCHEDULE
NOTE: BIDS shall include sales tax and all other applicable taxes and fees.
NO.
ITEM
UNIT
UNIT PRICE
AMOUNT
TOTAL PRICE
See Attached
2/3
RD Instruction 1924-A
Guide 1, Attachment 3
NO.
ITEM
UNIT
UNIT PRICE
AMOUNT
TOTAL PRICE
TOTAL OF BID _ . . . . . . . . . . . . . .
LUMP SUM PRICE (if applicable) . . . . . .
Respectfully submitted:
$
$
Signature
Address
Title
Date
License number (if applicable)
SEAL - (if BID is by a corporation)
000
3/3
(2-16-83) PN 869
RD Instruction 1924-A
Guide 2, Attachment 4
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
SBB ATTACKBD BID BOND as
Principal, and
as Surety, are
hereby held and firmly bound unto as OWNER
in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly and
severally bind ourselves, successors and assigns.
Signed, this
day of
,19_,
The Condition of the above obligation is such that whereas the Principal
has submitted to
a certain
BID, attached hereto and hereby made a part hereof enter into a contract
in writing, for the
NOW THEREFORE,
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute
and deliver a contract in the Form of Contract attachment hereto
(properly completed in accordance with said BID) and shall furnish a
BOND for faithful performance of said contract, and for the payment
of all persons performing labor and/or furnishing materials in
connection therewith, and shall in all other respects perform the
agreement created by the acceptance of said BID, then this obligation
shall be void, otherwise the same shall
1/2
( 2 - 16 - 8 3 ) PN 8 69
RD Instruction 1924-A
Guide 1, Attachment 4
remain in force and effect; it being expressly understood and agreed
that the liability of the Surety for any and all claims hereunder
shall, in no event, exceed the penal amount of this obligation as
herein stated.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its BOND shall be in no way impaired or
affected by any extension of the time within which the OWNER may accept such
BID; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their
hands and seals, and such of them as are corporations have caused their
corporate seals to be hereto affixed and these presents to be signed by their
proper officers, the day and year first set forth above.
(L.S.)
Principal
Surety
By:
IMPORTANT - Surety companies executing BONDS must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to
transact business in the State where the project is located. Power of
Attorney must be attached.
~o
2/2
USDA
Fonn RD 400-6
(Rev. 12-09)
Form Approved
OMB No. 0575-0018
COMPLUlNCESTATEMENT
This statement relates to a proposed contract with
(Name of borrower or grQl//ee)
who expects to fmance the contract with assistance from either the Rural Housing Service (RHS),
Rural Business-Cooperative Service (RBS), or the Rural Utilities Service (RUS) or their successor
agencies, United States Department of Agriculture (whether by a loan, grant, loan insurance,
guarantee, or other form of financial assistance). I am the undersigned bidder or prospective
contractor, I represent that:
1. I 0 have, 0 have not, participated in a previous contract or subcontract subject to Executive
Order 1 ]246 (regarding equal employment opportunity) or a preceding similar Executive Order.
2. If! have participated in such a contract or subcontract,l 0 have, 0 have not, filed all
compliance reports that have been required to file in connection with the contract or subcontract.
o If the proposed contract Is for $50,000 or more: or 0 If the proposed nonconstruction
contract is for $50,000 or more and 1 have 50 or more employees, I also represent that:
3. I 0 have,D have not previously had contracts subject to the written affirmative action
programs requirements of the Secretary of Labor.
4. IfI have participated in such a contract or subcontract, 0 I have, 0 have not developed and
placed on file at each establishment affinnative action programs as required by the rules and
regulations of the Secretary of Labor.
J understand that ifI have failed to file any compliance reports that have been required of me, I am not
eligible and will not be eligible to have my bid considered or to enter into the proposed contract unless
and until I make an arrangement regarding such reports that is satisfactory to either the RHS, RBS or RUS,
or to the office where the reports are required to be filed.
1 also certify that I do not maintain or provide for my employees any segregated facilities at any army
establishments, and that I do not permit my employees to perfonn their services at any location, under my
control, where segregated facilities are maintained. I certify further that I will not maintain or provide for
my employees any segregated facilities at any of my establishmentS, and that I will not permit my employees
to perform their services at any location, under my control, where segregated facilities are maintained. I
agree that a breach of this certification is a violation of the Equal Opportunity clause in my contract As
used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms
and wash rooms, restaurants and other eating areas time clocks, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the basis of
race, creed, color, or national origin, because of habit, local custom, or otherwise. I further agree that
(except where I have obtained identical certifications for proposed subcontractors for specific time periods)
1 will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding
$10,000 which are not exempt from the provisions of the Equal Opportunity clause; that I will retain such
certifications in my files; and that I will forward the following notice to such proposed subcontractors (except
where the proposed subcontractors have submitted identical certifications for specific time periods):
AccorrJhtg It) II" Papu'\Nrlr R.tluction Act D/'995. an ttgMCy .Jay 110' conthtct or .fJ'OI'-m,.. and 4' pinon is nol r..-rutfWd 10 re.tptJnd la a co/lecltDff oflnjtJrmoUD"
""I... il Ji.p/a"..''''' .../ld OMB conlrolllo",b.,. Th. wMW OAl8 ""nlrol """,be,/Q/' In/.In/oM,a!ia" coI"'cliollu OS7S.0DJ8. Tho III>Ie n'l"i,orilt> .""'ple" ,hi.
Informalion cttIlecllo" Is ulillloud 10 onror 10 mmom p'" n:qxmn. lnc/urlIoll Ih. Ii""'fo, "",lowing 1tu1n/e/folU. .eorchhrg ul./I''1: data .mlU<u. galhering
{1/1d lIlaintalnl"B ,/oe dolOl..e"e'" and cOf1l]1lelingond revlewlo, "" ct>/J"tion oflto/amlotion.
Position 6
RD 400-6 (Rev. 12-09)
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR
CERTIFICATIONS OF NON-SEGREGATED FACILITIES
A certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32F.R. 7439, may 19, 1967) on
Elimination of Sl(gregated Facilities, by the Secretary of Labor, must be submitted prlor to the award of a subcontract
exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The cortification m~ be
submined either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).
NOTE: The penalty formllking false statements in offers is prescribed in 18 U$.C. 1001.
DA1E
(Sigr.lfJlure of Bidder or Prospective Contractor)
Address (including Zip Code)
RD Instruction 1924-A
Guide 1, Attachment 5
NOTICE OF AWARD
TO:
PROJECT Description:
The OWNER has considered the BID submitted by you for the above
described WORK in response to its Advertisement for Bids dated
, 19 , and Information for Bidders.
You are hereby notified that your BID has been accepted for items in the
amount of $
You are required by the Information for Bidders to execute the Agreement
and furnish the required Contractor's Performance BOND, Payment BOND and
certificates of insurance within ten (10) calendar days from the date of this
Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within
ten (10) days from the date of this Notice, said OWNER will be entitled to
consider all your rights arising out of the Owner's acceptance of your BID as
abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled
to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD
to the OWNER.
Dated this
day of
,19_
Owner
By
Title
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
by
this the
day of
, 19_ By
Title
000
1/1
(2-16-83) PN 869
I AlA Document A 101'" - 2007
;'j....
. !.'I:
,'. 'f'i;,i~m~~rd Form of Agreement Between Owner and Contractor where the basis of
':>N~'payment ;s a Stipulated Sum
. .........,....1,1-"-....
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,'" <:, ,;;;:,~~,~",::.::,:<,;::::.:,: ':i::';,: '?:':' /'
';:~"~i;:;;l;::AdREEMENT made as of the Eleventh clay of March in the year Two Thousand Ten
",::::>:;;.YJ;~~{~, words, indicate daffimonth and year)
:"I'!;i(:,:;;11::a.';~TWEEN '
"",,-:,.1:, .
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tion)
Inc., Professional Corporation
f8t<ih~?oii6witl'
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.':."j':::' r '/ .!~d:~~:~:~:(:\f~{:i,';;:J~:
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'~itNti#iJ;'adJte
f( ,':::I.~~t~:J;~;,I)f::~,L~:,;,;::~>;,: ",:.-j
,~9,Graqywm9r'& J\~oC'
, '.'3800 Vili'Del Rey
. B~lta.springs, FJ.,34~4:i~;
Telephone Numbel.':;:~~9.-.94~~r~44
Fa~~umber: 239-947~037~t;Jji;!~,
~t~.
hchapter S Corporation
'" .. .,' .,.,
. ..,.<<:C:":','-.:,
Owner:l#l<(qo.ntractor agree as follows.
; "'",,.:')"
ADDITIONS AND DELETIONS:
The author ol this document has
added information needed lor Its
completion. The author may also
have revised the text of the original
AlA standard form, An Additions and
Deletions Report thai notes added
Infamatlon as weU as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical Une in the left
margin of this document Indicates
where the author has added
necessary Information and where
the author has added to or deleted
from the original AlA text.
This document has Important legal
consequences. COl18ultation with an
attorney Is encouraged with respect
to Its complelion or modification.
AlA Document A201Tlot-2007,
General Conditions of the Contract
for Construction. is adopted in this
document by reference. 00 not use
with other general conditions unless
this document Is modlfied.
AlA Document AtOl'" - 2007. Copyrlght@1915, 1918. 1925. 1937, 1951,1958, 1961, 1963, 1967. 1974. 1977. 1987. 1991, 1997 and 2007 by The American
Institute 01 Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and international Treatle.. Unauthorized 1
repraductlon or dIstribution of this AlA. Document, or any portion of It. may result In SIIVIIl'S civil and criminal penalties, and will be proseculed to the
maximum e)(tent possible under the law. ThIs document was produced by AlA software at 09:38:36 on 05112/2010 under Order Na.8476578680_' which
expires on 5/4/2011. and is nol lor resale.
User Notes: (917535731)
In It.
U',,'. ..1A,~~~9~ ARTICLES
: ;,,;;,'V~..'vtn':.'jlS' ..,:\;:~ E CONTRACT DOCUMENTS
THE WORK OF THIS CONTRACT
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
~i}~"
CONIRACT ~M\
/-;~_~:t> ,~,\:if~/~t~
P~Yii~NTS."'..
v;- _ ;~
UMENTS
of this Agreement, Conditions of the Contract (General, Supplementary and other
tions, Addenda issued prior to execution of this Agreement, other documents listed
ons issued after execution of this Agreement, all of which fonn the Contract, and
, as if attached to this Agreement or repeated herein. The Contract represents the
ot between the parties hereto and supersedes prior negotiations, representations or
oral. An enumeration of the Contract Documents, other than a Modification, appears in
,T
rk described in the Contract Documents, except as specifically indicated in
sibility of others.
I,ANO SUBSTANTIAL COMPLETION
Work shall be the date of this Agreement unless a different date is stated
'n if.'iWAd~" to be fixed in a notice to proceed issued by the Owner.
te of commencemen I it differs from the date of this Agreement or, if applicable, state that the date
.. p(!ed,)
~i~::~i,
,,:Juxed in a notice to proceed,
;-' - ..:.:.:: : .,':; ~;. ~:"
'" ' , '<",:<.:." ":>~ .:.:',';'.
.t{; priortQ.;tll.~-P91i,lwencement of the Wock, the Owner requires time to file mortgages and other security interests,
',41#pwnJ(~~~~f~~ement shall be as follows:
, . ';::'~::'.' . ;, ;i'::, i:"::;;.;.,;,:~:;: J:'
; . :'~~.2~'gC~nfr.agt Time shall be measured from the date of commencement.
.1'...~jji1Je~Jh~dtor shall achieve Substantial Completion of the entice Work not later than One hWldred sixty-five
(165'Jd~ys.from the date of commencement, or as follows:
(Insert number of calendar days. Alternatively, a calendar date may be used when coordilUZted with the date of
commencement. if appropriate, insert requirements for earlier Substantial Completion of certain portions of the
Work,)
Init.
AJADocumentA101"'-2007.Copyrlght<Cl1915,1918. 1925.1937, 1951,1958.1961,1963. 1967.1974,1977.1987,1991,1997and2007byThGAmerlcan
Institute 01 Architects. All rights reserved. WARNING: This AlA. Documenlls protected by U.S, Copyright Law and International Treaties, Unauthorized 2
reproduction or distribution 01 this AlA'" Document, or any portion of It, may result in severe civil and crlmlnal ~naltles. and will be prosecuted to the
maximum extent possible under the law. This document was produced by AlA software at 09:38:36 on 05112/2010 under Order Na.8476578680_1 which
expires on 51412011, and is not for resale,
User Notes: (917535731)
of Work
Substantial Completion Date
",;" :~,; ,,\:;:\;
.,J,;,1:>j~po adjustments of this Contract Time as provided in the Contract Documents.
][l(~#I:fprovisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for
:'6i/ri'itS payments for early completion of the Work.)
';~:;;\::;L: ':
i:' ~,< i ~,,';.o, , ~- .'
e Contractor the Contract Sum in current funds for the Contractor's performance of the
all be Seven Hundred Filly-two Thousand Two Hundred Forty-four Dollars and
subject to additions and deductions as provided in the Contract Documents.
upon the following alternates, if any. which are described in the Contract
ted by the Owner:
tification of accepted alternates. If the bidding or proposal documents pennit the
subsequent to the execution of this Agreement, attach a schedule uf such other
each and the date when that amount expires.)
.' state quantity limitations, if any, to which the unit price will be applicable.)
Units and Umitations
Price Per Unit
e Contract Sum, if any:
exc . 0Ify, from the allowance price.)
Price
ent submitted to the Architect by the Contractor and Certificates for
e Owner shall make progress payments on account of the Contract Swn to the
elsewhere in the Contract Documents.
"ch'Application for Payment shall be one calendar month ending on the last day of
.,);
~:.,
-v.!
"-"'{~::'A~::'. ".
. ~-,:~!~.:_:-~~;i.'r:;t.;
: ^:i.}~i. ;I:'~~:'L.';.' ~:.~;~).
,.'.. .,.~, ,....
~ 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month,
th,e~e.r ~h\l;ll.make payment of the certified amount to the Contractor not later than the day of the same
. mOl\tlt:~fanApplication for Payment is received by the Architect after the application date fixed above, payment
sha,il l;Jemadeby,the Owner not later than ( ) days after the Architect receives the Application for Payment.
(F'ederd(sta!eqr: loeallaws may require payment within a certain period of time.)
g 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
AlA Document Al01TN _ 2007. CopyrlghtCl1915. 1918, 1925. 1937, 1951, 1958, 1961,1963.1967,1974, 19n. 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AlA. Document Is protected by U.S. Copyrfght law and Intemational Treaties. Unauthortz:ed 3
reproduction or distribution of this AlA. Document, or any portion of It, may result in severe civil and criminal penaltles, and wlll be pl'0811cuted to the
maximum extent possible under the law. This document was produced by AlA software a\ 09:38:38 on 05/1212010 under Order 11Io.8476578680_1 which
expires on 514/2011, and fa not forresale.
User Noles: (917535731)
Inlt.
by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the
,~c;:hi,te% shall be used. as a basis for reviewing the Contractor's Applications for Payment.
,~. ;:';:: ':~" ..t".,";""
. '::: <,:l:ii,'-':: :::. '::'~:i
~$;1,5~pplications for Payment shall show the percentage of completion of each portion of the Work as of the end
<o~tfi~penod covered by the Application for Payment.
:': d:'_, "":.' _":,, ':-"":,':';' F;".:"~'.;,:;";~'-~'
.,L';:':~ ,,;:.~~;t~~:Subject to other provisions of tbe COlltract Documents, the amount of each progress payment shall be
,'.!,Y' .'. t";:~',::;comptl\ed as follows:
,1 Take th' ortion of the Contract Sum properly allocable to completed Work as detemrined by
y;multipl the percentage completion of each portion of the Work by the share of the Cootract Sum
AiF~oc at portion of the Work in the schedule of values, less retainage of ( ). Pending
'rr~na1 ation of cost to the Owner of changes in the Work, amounts not in dispute shall be
;F;fj;!d rovided in Section 7.3.9 of AlA Document A201 TM-2007, General Conditions of the
"r...,~:'.t
" ,. struction;
of the Contract Sum properly allocable to materials and equipment delivered and
the site for subsequent incorporation in the completed construction (or, if approved
Owner, suitably stored off the site at a location agreed upon in writing), less
percent ( 10.00% );
egate of previous payments made by the Owner; and
s, if any, for which the Architect has withheld or nullified a Certificate for Payment
'" ion 9.5 of AIA Document A20l-2007.
.,.
unt determined in accordance with Section 5.1.6 shall be further modified under
tial Completion of the Work, a sum sufficient to increase the total payments to the
Contract Sum, less such amounts as the Architect shall determine for incomplete
plicable to such work and unsettled claims; and
, AIA Document A201-2007 requires release of applicable retainage upon
'mpletion of Work with consent of surety, if any.)
mpletion of the Work is thereafter materially delayed through no fault of the
additional amounts payable in accordance with Section 9.10.3 of AIA Document
"~"5:t~EXcep! ;wi*~~;;'" e'!~prior approval, the Contractor shall not make advance payments to suppliers for
mat~rials oH~quipiIi?~tr'l1.)ix~ not been delivered and stored at the site.
.. .. .':,:::~:~:::'~\l~" . ... .-
:,l::;;; " :; :~:', : :'~ ;,,.;~.:.~,: ',j" .,,,
~. 5;2FIN,A1..~~~MISNT ."",,:0:"
~i~..2.1 Fi~il:tiJ~W~~H,constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
C&.ntractor~wh~n':!;i!>":
:,' . ,1 . <ith'~i~iiifactor has fully performed the Contract except for the Contractor's responsibility to correct
Work as provided in Section 12.2.2 of AlA Document A201-2007, and to satisfy other requirements,
,)rany, which extend beyond final payment; and
',2 '.~,f:inal Certificate for Payment has been issued by the Architect.
,.
. ~5J,t'Th~OWri~'s final payment to the Contractor shall be made no later than 30 days after the issuance of the
Architect'sfinal,Certificate for Payment, or as follows:
AlA Document A101lU - 2007. Copyright CCl 1915, 1918, 1925, 1937, 1951, 1958,1961,1963, 1967, 1974, 1977, 1967, 1991, 1997 and 2007 by The American
Institute of Architecls. All rlghts reserved. WARNING: This AlA" Document Is protected by U.s. Copyright law and International Treaties. Unauthorized 4
reproduction or dllltrlbutlon ollhis AlA" Document, or any portion of II, may result in severe cIvil and crImina' penalties, and will be prollBcuted to the
maximum exlent passlble under the Jew. This document was produced by AlA software at 09:38:36 on 05/12/2010 under Order Na,8476578660_1 which
expires on 5/4I2Ot 1. and is not tor resale.
User Notes: (917535731)
Inlt.
\:.:'.'
ARTICLE 6 DISPUTE RESOLUTION
. .. ..., .~~"tt~mAL DECISION MAKER
, ,,::.;:~+!'gl'e,';~?wtect will s<<ve as Initial Decision Maker pursuant to Section 15.2 of AlA Document A201-2007, wIess
..;....'\':;,;t!} ...:.: appoint below anotha' individual, not a party to this Agreement, to serve as Initial Decision Maker.
,~.,;. : .~.;':' :ft ..".times mutually agree, insert the name, address and other contact information of the Initial Decision Maker.
the Architect.)
.~hij,~~
BINDIN~ptSPUl;~.~J;SOLUTION
CI ;' ': bjecti:1ir4iput not resolved by, mediation pursuant to Section 15.3 of AJA Document A201-2007, the
. t~.tesolution shall be as follows:
.~l If the Owner and Contractor do not select a method of binding dispute resohaion
:~~~~ht~* agree in writing to a binding dispute resolution method other than litigation, Claims
;,~:*io "1 a court of competent jurisdiction.)
;t~ ~",'
ant to Section 15.4 of AIA Document A201-2007
urt of competent jurisdiction
",; ;ti~~Jt
.~; :~;~.~ 1~;':f~~:~::
1';;F
ti'SUSPENSION
ated by the Owner or the Contractor as provided in Article 14 of AIA Document
ded by the Owner as provided in Article 14 of AlA Document A201-2007.
PROVISIONS
ment to a provision of AIA Document A201-2007 or another Contract
'sion as amended or supplemented by other provisions of the Contract
....c......-.. ..i''''
If'tm:p;pd under the Contract shall bear interest from the date payment is due at the rate stated
nee th egal rate prevailing from time to time at the place where the Project is
';'" "i':"pet,annwp, .. .'.^
i ~1;Jb' o~~.:iii~~~
(Name, a44r.~fs.'0/J4 otMdflformation)
.]":1:
. ~P8.4 The Gon~a(:tor' s represen tati ve:
. (Name, i4dresS' and other information)
Norman Gentry
6635 Willow Park Drive
Naples. FL 34109
(nit.
AlA Document Al01TU- 2007. Copyrlght@1915, t918, t925, t937, 1951, 1958. 1961,1963.1967,1974, 19n, 1987. 1991, 1997 and 2007 by The American
Institute of Atch~llCls. All rights reserved. WARNING: This AI"" Document III protected by U.s. Copyright Law and Intemallonal Treaties, Unauthorized 5
reproduction or dislrlbutlon 01 this AlA" Document, or any portion of it, may result in savere civil and crimInal penalties, and will be prosecute<! to the
maximum extent possible under the law. This document was produced by AlA software al 09:38:36 on 05/1212010 under Order No.8476578680_1 which
expires on 51412011. and Is not for resale.
User Notes: (917535731)
.. ..".~,~\~~~itper the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
..i:,,:mlt,m;oons
ICLE 9 ENUM~I'QN OF CONTRACT DOCUMENTS
The C t ~ents, except for Modifications issued after execution of this Agreement, are enmnerated in
ecti on . .i~f~~Wt.l~1
is executed AIA Document AIOI-2007. Standard Form of Agreement Between Owner
e AlA Document AZOl-2007, General Conditions of the Contract for
Title
Date
Pages
e or refer to an exhibit attached to this Agreement.)
ifications prepared as Shelley Architects & Specifications prepared by Q. Grady
or refer to an exhibit attached to this Agreement.)
okalee Regional Airport CCAAJUSDA Manufacturing Building
. .:' ~~.:.' ',,:~:},.,-,;~g:~.,~.~
rortions(liA~cmc{~relating to bidding requirements are not part of the Contract Documents unless the bidding
: i~UiremeniS';~~i~~j~~umerated in this Article 9.
~ 9.1.7 Additional documents. if any, forming part of the Contract Documents:
Date
8/1712009
8/1712009
8/2712009
9/912009
9/1512009
9/2312009
9/3012009
101212009
Pages
I
I
I
1
1
1
I
I
. -",,', ,....",."
': if';.':J\IA Document E201nc2007. Digital Data Protocol Exhibit, if completed by the parties, or the
. following:
Init.
.2 Other documents, if any, listed below:
(List here any additional documents tllat are intended to form part of the Contract Documents. AlA
Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid,
AlA Document A101™- 2007. CopyrlghtC 1915.1918.1925.1937.1951.1958,1961.1963,1967.1974, 19n. 1987, 1991, 1997 and 2007 by The American
Ins~tule of Archilectll. All right. reserved. WARNING: This AlA- Document Is protected by U.s. Copyright LlIVIllnd International Treaties. UnautlKlrized 6
reproduction or.distrlbutlon of this NA* Document, or any portion of 11, may result In severe civilllnd criminal penalties, and will be prosecuted to the
mSl<imum exlenl possible under the law. This documenl was produced by AlA saflware at 09:38:38 on 05/12/2010 under Order No.8476578680_1 which
expires on 5/4/2011, and is nallar resale.
User Note.: (917535731)
Instructions to Bidders, samplefonns and the Contractor's bid are not part of the Contract
Documents unless enumerated in this Agreement. They should be listed here only if intended to be
part of the Contract Documents.)
;:.'.;::"
.-
".. t'."
: -.:~:::.~:~t.:.:.~n:,.....::
.'1',j;,ARTlCCE 10 INSURANCE AND BONDS
'?;'1'1i~Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document
i.ffil~'l'
e bonditi&. requir~ ," ts, if arry, and limits of liability for insurance required in Article 11 of AlA Document
l-ZooT'!,,-!. ..
Limit of liablfity or bond amount ($ 0.00)
$752,244.80
$752,244.80
of the day and year first written above.
CONTRACTOR (Signature)
Norman Gentry, Vice President
(Printed name and title)
Init.
AlA Document Al01lN - 2007. Copyrlght@ 1915, 1918, 1925, 1937, 1951,1958, 1961,1963,1967,1974, 19n, 1987, 1991, 1997 and 2007 by The American
Institute of Architects. All rIghts reserved. WARNING: This AlA- Document Is protected by U.S. Copyright Law and IntemallonalTreatlee. Unauthorized 7
reproduction or dislributlon of this AlAo!> Document, or any portion of it, may result In severe civil and criminal penalties, end will be prosecuted to the
maximum extent pOSSible under the law. This document was produced by AlA software at 09:38:36 on 0511212010 under Order Na.8476578680_1 which
expires on 514/2011. and is not for resale.
User Noles: (917535731)
Additions and Deletions Report for
CII TM
AlA Document A 1 01 - 2007
and Deletions Report, as defined on page 1 of the associated document, reproouces below all text the author has
andard form AlA document In order to complete It, as we. as any text the author may have added to or deleted from
1l}.IA text. Added text is shown underlined. Deleted taxt Is Indicated with a horizontal Ine through the original AlA text
. Addltlons and Deletions Report is provided for Information purposes only and Is not Incorporated into or constitute any
a associated AlA document. This Additions and Deletions Report and Its associated document were generated
neously by AIAsot at 09:38:36 on 0511212010.
c. Professional Co ration
PAGE 2
:;;"};',>:;::"":~i.)1':~~~~~'?~~~*~i date will be fixed in a notice to proceed
:;::.~:".t;"':',;::"H;:1 ::~.: .~;' ~Y:;:~i
:1' '. " :;:':~;:'~:~'~>"~::'::~.i;';";'.'i. ,_ ...,.....
",' q . .. :~~i':' ..~:'~:,,::~
~ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One hundred sixty-five
( 165 ) days from the date of commencement, or as follows;
Addillons and Oeletlons Report for AlA Document Al0l"'- 2007. Copyrlght@ 1915,1918, 1925,1937, 1951,1958.1961,1963.1967.1974.1977.1987.
1991, 1997 and 2007 by The American Institute of Architects. All rIghts reserved. WARNING: This AlA- Document is protected by U.S. Copyright Law and 1
Internalional Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or anI' portion 01 it, may result in severe civil and criminal
penaltfes, and will be p roseculed to the maximum elUent possible under the law. This document was produced bl' AlA soltware at 09:38:36 all 0511212010
under Order No.8476578680_1 which expires on 5/412011, and is not for resale.
User Notes: (917535731)
wner shall pay the Contractor the Contract Sum in CIJIl'ent funds for the Contractor's performance of the
e Contract Sum shall be Seven Hundred Fiftv-two Thousand Two Hundred Fo~-four Dollars and
Cents ($ 752.244.80 ), subject to additions and deductions as provided in the Contract Documents.
lication for Payment is received by the Architect not later than the day of a month.
ent of the certified amoWlt to the Contractor not later than the day of the ~
Payment is received by the Architect after the application date fixed above, payment
not later than ( ) days after the Architect receives the Application for Payment.
of the Contract Sum properly allocable to materials and equipment delivered and
the site for subsequent incorporation in the completed construction (or, if approved
Owner. suitably stored off the site at a location agreed upon in writing),less
ercent ( 10.00% );
Qate
Page&
.'-:'J'
Title of Drawings exhibit: lnunokaIee Regional Aireort CCAAlUSDA Manufacturing Building
"'.:~';'J!'~,t";I-)f{:;'f~~~~~f,~ Tiije Date
. .-; C\:j'_.';r:r";",J:-V'L: <:;:;r~.:-~...-;:.:+\:f':~
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8/1712009
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Additions and Oeletians Report for AlA Document Al01T11- 2007. Copyrlght@ 1915, 191B, 1925, 1937, 1951,1958,1961,1963.1967,1974,1977, 19B7,
1991, 1997 and 2007 by The American rnstltule of Architects. All rights reserved. WARNING: This AlA- Da~ment Is protected by U.S. CopyrIght Law and 2
International Treaties. Unauthorized reproduction Dr distribulion of this AlA'" Oocumenl,.or any portion of it. may result In severe civil and crIminal
penaltles, and will be proseo::uted to the maximum extent pOlls/bie under the law. This document was produced by AlA software at 09:38:36 on 05112/2010
under Order Na.B47657B680_1 which expires on 5/4/2011, and is nal faf resale.
User Notes: (917535731)
9/9/2009
9/1512009
9/2312009
9/3012009
10/212009
1
1
1
1
1
$752.244.80
$752.244.80
Nonnan Gentrv. Vice President
Addilions Bnd Deletions Report tor AlA Document Al01"'" - 2007. CapyrlghtC 1915, 1918, 1925, 1937, 1951,1958,1961,1963, 1967.1974,1977,1987.
1991,1997 and 2007 by The American institute 01 Architects. All rights reserved. WARNING: This AlA- Document is protected by U.S. Copyright Law Bnd 3
International Treaties. Unauthorlzad reproduction Dr tlistribution 01 this AlA" Document, Dr any portion of it, may result In severe clvillUltl criminal
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. cation of Document's Authenticity
cument D401™ - 2003
W. Minor, hereby certify, to the best of my knowledge, infonnation and belief, that I aeated the attached
ment simultaneously with its associated Additions and Deletions Report !'lIld this certification at 09:42:41
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RD Instruction 1924-A
Guide 1, Attachment 7
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned,
authorized and acting legal representative of
, do hereby certify as follows:
, the duly
I have examined the attached Contract(s) and Performance and Payment
Bond(s) and the manner of execution thereof, and I am of the opinion that
each of the aforesaid agreements has been duly executed by the proper parties
thereto acting through their duly authorized representatives; that said
representatives have full power and authority to execute said agreements on
behalf of the respective parties named thereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the parties
executing the same in accordance with terms, conditions, and provisions
thereof.
Date:
(NOTE: Delete phrase "performance and Payment Bondsu when not applicable.)
000
1/1
(2-16-83) PN 869
RD Instruction 1924-A
Guide 1
Attachment B
CONCURRENCE
The United States of America, as potential lender or insurer of funds to
defray the costs of this Contract, and without liability for any payments
thereunder, hereby concurs in the form, content, and execution of this
Contract.
U.S. Department of Agriculture
Rural Development
Rural Housing Service
Date
Rural Development Official
Title
This Contract shall not be in full force and effect until con~urred with by
the State Director or the State Director's delegate, Rural Development, U. S.
Department of Agriculture.
000
(08-26-96) PN 296
RD Instruction 1924-A
Exhibit F
Page 1
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
SEE ATTACHED PAYKENT BOND.
(Name of Contractor)
(Address of Contractor)
a , hereinafter called PRINCIPAL and
(Corporation, partnership or Individual)
(Name of Surety)
hereinafter called SURETY, are held and firmly bound unto
(Name of Owner)
(Address of Owner)
hereinafter called OWNER and the United States of America acting through
Rural Development hereinafter referred to as GOVERNMENT, and unto all
persons, firms, and corporations who or which may furnish labor, or who
furnish materials to perform as described under the contract and to their
successors and assigns in the total aggregate penal sum of
Dollars ($ in
lawful money of the United States, for the payment or which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION DF THIS OBLIGATION is such that whereas,
into a certain contract with the OWNER, dated the
19__, a copy of which is hereto attached and
the construction of:
the PRINCIPAL entered
day of
made a part hereof for
NOW, THEREFORE, if the PRINCIPAL shall properly make payment to all persons,
firms, and corporations furnishing materials for or performing labor in the
prosecution of the WORK provided for in such contract, and any authorized
extension or modification thereof, including all amounts due for materials,
lubricants, oil, gasoline, coal and coke, repairs on machinery;, equipment
and tools, consumed or used in connection with the construction of such WORK,
and for all iabor cost incurred in such WORK including that by a
SUBCONTRACTOR, and to any mechanic or materialman lienholder whether it
acquires its lien by operation of State or Federal law; then this obligation
shall be void, otherwise to remain in full force and effect.
(5-12-87) SPECIAL PN
RD Instruction 1924-A
Exhibit F
Page 2
PROVIDED, that beneficiaries or claimants hereunder shall be limited to the
SUBCONTRACTORS, and persons, firms, and corporations having a direct contract
with the PRINCIPAL or its SUBCONTRACTOR.
PROVIDED, FURTHER, that the said SURETY for value received hereby stipulates
and agrees that no change, extension of the, 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 any way affect its obligation
on this BOND, and in does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of this contract or to the WORK
or to the SPECIFICATIONS.
PROVIDE, FURTHER, that no suit or action shall be commenced hereunder by any
claimant: (a) Unless claimant, other than one having a direct contract with
the PRINCIPAL (or with the GOVERNMENT in the event the GOVERNMENT is
performing the obligations of the OWNER), shall have given written notice to
any two of the following: The PRINCIPAL, the OWNER, or the SURETY above
named within ninety (90) days after such claimant did or Performed the last
of the work or labor, or furnished the last of the materials for which said
claim is made, stating with substantial accuracy the amount claimed and the
name of the party to whom the materialS were furnished, or for whom the work
or labor was done or performed. Such notice shall be served by mailing the
same by register mail or certified mail, postage prepaid, in an envelope
addressed to the PRINCIPAL, OWNER, or SURETY, at any place where an office is
regularly maintained for the transaction of business, or served in any manner
in which legal process may be served in the state in which the aforesaid
project is located, save that such service need not be made by a public
officer. (b) After the expiration of one (1) year following the date of
which PRINCIPAL ceased work on said CONTRACT, it being understood, however,
that if any limitation embodied in the BOND is prohibited by any law
controlling the construction hereof, such limitation shall be deemed to be
amended so as to be equal to the minimum period of limitation permitted by
such law.
PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed
amended automatically and immediately, without formal and separate amendments
hereto, upon amendment to the Contract not increasing the contract price more
than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and
faithful performance of the Contract as so amended. The term "Amendment",
wherever used in this BOND and whether referring to this BOND, the contract
or the loan Documents shall include any alteration, addition, extension or
modification of any character whatsoever.
PROVIDED, FURTHER, that no final settlement between the OWNER or GOVERNMENT
and the CONTRACTOR shall abridge the right of any beneficiary hereunder,
whose claim maybe unsatisfied.
RD Instruction 1924-A
Exhibit F
Page 3
IN WITNESS THEREOF, this instrument is executed in
Counterparts,
Number
each one of which shall be deemed an original, this the _____ day of
ATTEST:
Principal
(principal) Secretary
(SEAL) By (s)
(Address)
Witness as to Principal
(Address)
Surety
ATTEST:
By
Witness as to Surety Attorney-in-Fact
(Address) (Address)
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury
Department's most current list (CirCUlar 570 as amended) and be authorized to
transact business in the state where the project is located.
000
(5-12-87) SPECIAL PN
RD Instruction 1924-A
Exhibit G
Page 1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
SEE AT'l'ACHED PERFORMANCE BOND
(Name or Contractor)
(Address or Contractor)
a , hereinafter called PRINCIPAL, and
(Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called SURETY, are held and firmly bound unto
(Name of Owner)
(Address of Owner)
hereinafter called OWNER, and the United States of America acting through
Rural Development hereinafter referred to as the GOVERNMENT in the total
aggregate penal sum of
Dollars ($ ) in lawful
money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heire, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered
into a certain contract with the OWNER, dated the day of _____
19 ,a copy of which is hereto attached and made a part hereof for the
construction of:
NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions, and agreements of
said contract during the original term thereof, and any extensions thereof
which may be granted by the OWNER, or GOVERNMENT, with or without notice to
the SURETY and during the guaranty period and if the PR1NCIPAL shall satisfy
(05-12-87) SPECIAL PN
RD Instruction 1924-A
Exhibit G
Page 2
all claims and demands incurred under such contract, and shall fully
indemnify and save harmless the OWNBR and GOVERNMENT from all costs and
damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the OWNER and GOVERNMENT all outlay and expense which the
OWNER and GOVERNMENT may incur in making good any default, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the liability of the PRINCIPAL AND SURETY hereunder
to the GOVERNMENT shall be subject to the same limitations and defenses as
maybe, Available to then against a claim hereunder by the OWNER, provided,
however, that the GOVERNMENT may, at its option, perform any Obligations of
the OWNER required by the contract.
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 WORK to be performed thereunder
or the SPECIFICATIONS accompanying same shall in any way affect its
obligation on this BOND, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to
the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed
amended automatically and immediately, without formal and separate amendments
hereto, upon amendment to the Contract not increasing the contract price more
than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and
faithful performance of the CONTRACT as so amended. The term "Amendment",
wherever used in this BOND, and whether referring to this BOND, the Contract
or the Loan Documents shall include any alteration, addition, extension, or
modification of any character whatsoever.
PROVIDED, FURTHER, that no final settlement between the OWNER or GOVBRNMENT
and the PRINCIPAL shall abridge the right of the other beneficiary hereunder,
whose claim may be unsatisfied. The OWNER and GOVERNMENT are the only
beneficiaries hereunder.
RD Instruction 1924-A
Exhibit G
Page 3
IN WITNESS WHEREOF, this instrument is executed in
Number
each one of which shall be deemed an original, this the
counterparts,
day of
ATTEST:
Principal
(principal) Secretary
(SEAL) By (s)
(Address)
Witness as to Principal
(Address)
Surety
ATTEST;
By
Witness as to Surety Attorney-in-Fact
(Address) (Address)
000
(5-12-87) SPECIAL PN
RD Instruction 1924-A
Guide 1, Attachment 9
NOTICE TO PROCEED
TO:
You are hereby notified to commence WORK
dated , 19___, on or before
are to complete the WORK within
thereafter. The date of completion of all
, 19
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PRO-
CEED is hereby acknowledged by
This the
, 19
By
Title
Employer Identification
Number
(2-16-83) PN 869
000
1/1
DATE:
Project:
in accordance with the Agreement
, 19___, and you
consecutive calendar days
WORK is therefore
Owner
By
Title
-AlA
. .
-, ..
.~'
Document A201Tll - 2007
General Conditions of the Contract for Construction
for the following PROJECT:
(Name and location or ruidress)
CCAA USDA Manufacturing Building - Immokalee Airport
Immokalee, Florida
2
GENERAL PROVISIONS
OWNER
ADDITIONS AND DELETIONS:
The author of this document has
added information needed lor its
completion. The author may also
have revised the text 01 the original
AlA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
trom the author and should be
reviewed. A vertical line in the left
margin of this document indiCates
where the author has added
necessary information and where
the author has added to or deleted
from the original AlA texl.
This document has important legal
consequences. Consultation with an
attorney is encouraged wi1h respect
to its completion or modification.
THE OWNER:
(Name and address)
Collier County Airport Authority
2.005 Mainsail Drive, Suite I
Naples, FL 34114
THE ARCHITECT:
(NqDz~' and address)
Q: Grady Minar & Associates. P.A.. Subchapter S Corporation
~800Via Del.Rey
:~6iLita Springs, FL 34134
<(1IAeLEOFARTICLES
'1
3 CONTRACTOR
ARGH,lIECr
SUBCONTRACTORS
CO.NSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
7 CHANGES IN THE WORK
8 TIME
9 PAYMENTS AND COMPLETION
10 PROTECTION OF PERSONS AND PROPERTY
11 INSURANCE AND BONDS
12 UNCOVERING AND CORRECTION OF WORK
13 MISCELLANEOUS PROVISIONS
14 TERMINATION OR SUSPENSION OF THE CONTRACT
15 CLAIMS AND DISPUTES
Inil.
AlA Document A201'" - 2007. Copyrighlll:l 191 I, 1915, 1918. 1925, 1937,1951.1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American
Inslitule 01 Atchllects. All rights reserved. WARNING: This AJA~ Document Is prot&Cted by U.S. Copyright Law and Internallonal Tr.alies. Unauthorized 1
reproduction or dlstribullon of this All'" Document. or any porlian of it, may result in severe civil and criminal penalties, and will be proseculed 10 the
maximum extent possible under Ihe law. This document was produced by AlA software at 09:39:44 on 05112/2010 under Order Na.B476578680_ I which
e"Pires on 5/412011. and is not lor resale.
User Notes: (765324378)
INDEX
(Numbers and Topics in Bold are Section Headings)
Acceptance of Nonconforming Work
9.6.6,9.9.3, 12.3
Acceptance of Work
9.6.6,9.8.2,9.9.3,9.10.1,9. ]0.3, 12.3
Access to Work
3.16,6.2.1, 12.1
Accident Prevention
10
Acts and Omissions
3.2,3.3.2,3.12.8,3.18,4.2.3,8.3.1,9.5.],10.2.5,
10.2.8. 13.4.2, 13.7.1, 14.1, 15.2
Addenda
1.1.1,3.11.1
Additional Costs, Claims for
3.7.4,3.7.5,.6.1.1,7.3.7.5,10.3,]5.1.4
Additional I~ectioIis aDd Testing
9.4.2,9.8.3,12.2.1,13.5
Additional In,sured
11.1.4
Additional Time. Clilims fot
3.2,4,3.7.4,3.7.5,3.10.2,8.3.2,15.1.5
AdminiStration of the Cont..JjCt
3.1.3, 4.2, 9.4,9.5
Advertisement or Invitation to Bid
1.1.1
Aesthetic Effect
4.2.13
Allowances
'3;'8; 7.3.8
All-risk Insurance
1 ].3.1, 11.3:1.1
AppUcationsfur Payment . . ...
4.i5,]3.9,92, 9.3, 9.4, 9.5.1, 9.6.3;9.7.1,9.10,
11.1.3
Approvals
2.1.1,2.2.2,2.4,3.1.3,3.10.2,3.12.8,3.12.9,3.12.10,
4.2.7,9.3.2, ]3.5.1
Arbitration
8.3.1, 11.3.10, 13.1.1, 15.3.2, 15.4
ARCffiTECf
4
Architect, Definition of
4.1.1
Architect, Extent of Authority
2.4.1,3.]2.7,4.1,4.2,5.2,6.3.1.7.1.2.7.3.7,7.4,
9.2.],9.3.1,9.4,9.5,9.6.3,9.8,9.10.1.9.10.3,12.1,
]2.2.1,13.5.1,13.5.2,14.2.2,14.2.4,15.1.3,15.2.1
Architect, Limitations of Authority and
Responsibility
2.1.1,3. ]2.4,3.]2.8,3.12.10,4.1.2,4.2.1,4.2.2,
4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.],7.4. I,
9.4.2,9.5.3,9.6.4, 15.1.3, 15.2
Architect's Additiona] Services and Expenses
2.4.],11.3.1.1, ]2.2.1, 13.5.2,13.5.3,14.2.4
Architect's Administration of the Contract
3.1.3,4.2,3.7.4,15.2,9.4.1,9.5
Architect's Approvals
2.4.1,3.1.3,3.5.1,3.10.2,4.2.7
Architect's Authority to Reject Work
3.5.1,4.2.6, 12.1.2, 12.2.1
Architect's Copyright
1.1.7,1.5
Architect's Decisions
3.7.4,4.2.6,4.2.7,4.2.11,4.2.12, 4.2.13,4.2.]4,
6.3.1,7.3.7,7.3.9,8.1.3,8.3.1, 9.2.1, 9.4.1,9.5,9.8.4,
9.9.1, ]3.5.2, 15.2, 15.3
Architect's Inspections
3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1,13.5
Architect's Instructions
3.2.4,3.3.1.4.2.6,4.2.7, 13.5.2
Architect's Interpretations
4.2.11, 4.2.]2
Architect's Project Representa1ive
4.2.10
Architect's Relationship with Contractor
1.1.2,1.5,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2,3.5.1,
3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16,3.18,
4.1.2,4.1.3,4.2,5.2,6.2.2,7,8.3.1,9.2,9.3,9.4,9.5,
9.7,9.8,9.9, 10.2.6, 10.3,11.3.7, 12, 13.4.2, 13.5,
15.2
Architect's Relationship with Subcontractors
1.1.2,4.2.3,4.2.4,4,2.6,9.6.3,9.6.4, 11.3.7
Architect's Represen lations
9.4.2,9.5.1,9.10.1
Architect's Site Visits
3.7.4,4.2.2,4.2.9,9.4.2,9.5.],9.9.2,9.10.1,13.5
Asbestos
10.3.1
Attorneys' Fees
3.18.],9.10.2,10.3.3
Award of Separate Contracts
6.1.1,6.1.2
A ward of Subcontracts and Other Contracts for
Portions of the Work
5.2
Basic Definitions
1.1
Bidding Requirements
I. I.l, 5.2.1, 11.4.1
Binding Dispute Resolution
9.7.1,11.3.9,11.3.10, 13.I.l, 15.2.5,15.2.6.1,15.3.1,
15.3.2,15.4.1
Boiler and Machinery Insurance
11.3.2
Bonds, Lien
7.3.7.4,9.10.2,9.10.3
Bonds, Performance, and Payment
7.3.7.4,9.6.7,9.10.3,11.3.9,11.4
AlA Document A201™- 2007. Copyright lSI 1911. 1915, 1918. 1925.1937, 1951, 1958. 1961, 1963, 1966, 1970, 1976, 1987. 1997 and 2007 by The American
Instilute of Architects. All righls reserved. WARNING: This AlA!' Document is protected by U.S. Copyright Law and Intemational Treaties. UnauthOrized 2
reproducllon or distribution of this A1A~. Oocument, or any porlion of It, may result In severe civil and criminal penalties, and will be prosecuted to Ihe
maximum extent possible under the 13w. This document was produced by AlA software at 09:39:44 on 0511212010 under Order No.8476578680_1 which
expires on 5/4/2011, and is not lor resale.
User Notss: (765324376)
Inil.
Building Permit
3.7.1
Capitalization
1.3
Certificate of Substantial Completion
9.8.3,9.8.4,9.8.5
Certificates for Payment
4.2.1,4.2.5,4.2.9.9.3.3,9.4,9.5,9.6.1,9.6.6,9.7.1,
9.10.1,9.10.3, 14.1.1.3, 14.2.4, 15. I.3
Certificates of Inspection, Testing or Approval
13.5.4
Certificates ofInsurance
9,10,2, ] 1. 1.3
Change Orders
1.1.1,2.4.1,3.4.2,3,7,4,3,8.2.3,3.11.1,3,12,8,4,2.8,
5.2.3,7.1.2,7.1.3,7.2,7.3.2,7.3,6,7,3.9,7.3.10,
8.3.1,9.3.1.1,9.10.3,10.3.:2,11.3.1.2,11.3.4,11,3.9,
12.1.2,15.1.3
Change Orders, Definition of
7.2.1
CHANGES I:NTaJiwoRK
2.2,1,3.11,4.2.8,7, 7.2.l, 7.3.1,7.4, 7.4.1,8.3.1,
9.3.1.1, 11.3.9
Clllims, Definitiol1 of
15.1.1 .
CLAIMS AND DISPllTES., ..
3.2.4, 6.1.1,6.H, 7,3.9,9,3.3,9.10,4,10.3.3, IS,
15.4
Claims and Timely Assertion of Claims
15.4.1
Claims for Additional CoSt
3.2.4,3.7.4,6.1.1,7,3.9, 1O.3,2,15.1A
qaims for AdditionlllTime '. .....'..
3.2.4,3:7.46,1.1, '8.:3;2, 1O.3.2,lSLl;s,';;
Concealed or UnknoWJI Conditions; Claims for
3.7.4
Claims for Damages . .. .
3.2.4,3.18,6,1.1,8.3,3,9,5.1. 9,6.7,10.3.3,11.1.1,
] 1.3.5, 11.3.7, 14,1.3, 14,2.4,15,1.6 .
Claims Subject to Arbitration
15.3.1, 15.4.1
Cleaning Up
3.15,6.3
Commencement of the Work, Conditions Relating to
2.2.1,3.2.2, 3.4.J, 3.7.], 3.10.1, 3.]2.6, 5,2.1, 5,2.3,
6.2.2,8,1.2, 8.2.2, 8,3.1, 11.1, 11.3.1, ] 1.3.6, 11.4.1,
15.1.4
Commencement of the Work, Deti nilion of
8.1.2
Communications Facilitating Contract
Administration
3.9.!,4.2.4
Completion, Conditions Relating to
3.4,1,3,1],3.15,4.2.2,4.2.9,8.2,9.4.2,9,8,9,9,1,
9.10.12.2,13.7,14.1.2
COMPLETION, PAYMENTS AND
9
Completion, Substantial
4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9,9.1,9,10.3,
12.2, 13.7
Compliance with Laws
1.6.],3.2.3,3.6,3.7, 3.12.10,3.13,4.1.1,9.6.4,
10.2.2,11.1, ]1.3, 13.1, 13.4, 13,5.1,13.5.2, 13.6,
14,1.1,14,2.1.3, ]5.2,8, ]5.4.2, 15.4.3
Concealed or Unknown Conditions
3.7.4,4,2.8,8.3.1,10.3
Conditions of the Contract
1.1.1, 6.1.1, 6.1.4
Consent, Written
3.4.2,3.7.4,3.12.8,3.14,2,4.1.2,9.3.2, 9,8.5, 9,9.1,
9.10.2,9.10,3, 11.3.], 13.2, 13.4,2, 15.4.4.2
Consolidation or Joinder
15.4.4
CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
1.1.4, 6
Construction Change Directive, Definition of
7.3.1
Construction Change Directives
1.1.1,3.4.2,3.12,8,4.2,8,7.1.1,7.1.2,7.1.3,7.3,
9.3.1.1
Construction Schedules, Contractor's
3.10,3.12,1,3.12.2, 6,l.3, 15,1.5.2
Contingent Assignment of Subcontracts
5.4,14,2.2,2
Continuing Contract Performance
15.1.3
Contract, Definition of
1.1.2
CONTRACT, TERMINATION OR
SUSPENSION OF mE
5,4.1.1,11.3.9,14
Contract Administration
3.1.3. 4, 9.4, 9.5
Contract Award and Execution, Conditions Relating
to
3.7.],3.10,5.2,6.1,11.1.3, ]1.3.6, 11.4.1
Contract Documents, The
1.1.1
Contract Documents, Copies Furnished and Use of
1.5.2, 2.2.5, 5,3
Contract Documents, Definition of
1.1.1
Contract Sum
3.7.4,3.8,5,2.3,7.2,7.3,7.4,9.1,9.4.2,9.5.1.4,
9,6,7,9.7,10.3.2,11.3.1,14,2.4,14,3.2,15.1.4,
15.2.5
Contract Swn, Definition of
9.1
Contract Time
3,7.4,3.7.5,3,10.2,5.2,3,7.2.1.3,7.3, I, 7,3.5,7.4,
8.1.1,8,2.1.8.3.1,9.5.1,9.7.1,10.3.2,12.1.1,14.3.2,
15.\.5.1,15.2.5
In it.
AlA Document A20P" - 2007. CopyrlghtC> 1911.1915, 191B, 1925, 1937,1951, 195B, 1961,1963,1966,1970, 1976, 1987, 1997 and 2007 by The American
Institute 01 Archilects. All rights reserved. WARNING: This AlA~ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3
reprt>duclion or distribution at tllis AlA'" Document. or any portion ot it, may result in severe civilllnd criminal penaltiu, and will be prosecuted to the
maximum extenl possible under IIw law. This document was produced by AlA sollware at 09:39:44 on 05112/2010 under Order No.B476578680~ 1 which
e><pirBS on 5/4/2011. and is no! for resale.
User Notes: (765324378)
Contract Time, Definition of
8.1.1
CONTRACTOR
3
Contractor, Definition of
3.1,6.1.2
Contractor's Construction Schedules
3.10, 3.] 2.1, 3. ) 2.2, 6.1.3, 15.1.5.2
Contractor's Employees
3.3.2,3.4.3,3.8.1.3.9,3.18.2,4.2.3,4.2.6, 10.2, 10.3,
11.1.1,11.3.7,14.1,14.2.1.1,
Contractor's Liability lnsurance
11.1
Contractor's Relationship with Separate Contractors
and Ownec's Forces
3.12.5,3.14.2,4.2.4, 6, lL~.7.J2.1.2, 12.2.4
Con tractor' s Relationship\oVi~Su lx:on tractors
1.2.2. 3.3.2. 3.18.1, 3:I8.2~S,9:6.2. 9.6.7, 9.10.2,
11.3.1.2,11.3.7, 11.3.8
Contractor's Relationship with the Architect
1.1.2,1.5,3.1.3,3.2.2,3;2:3,3,2:4,3.3.1,3.4.2,3.5.1,
3.7.4, 3.10, 3.1 I, 3.12, 3.1 6,?J8; 4.1.3, 4.2, 5.2,
6.2.2,7,8.3.1,9.2, 9.3, 9Ai~.$:~i9.7, 9.8,9.9,10.2.6,
10.3,11.3.7, 12,.13.5, Is.~.~!i5.2.1
Contractor' s Repres~nt'<u:i~h~;
3.2.1, 3.2.2, 3.5.1, 3.12.6; 6.2,2,8.2.1,9.3.3,9.8.2
Contractor's ReswosibiJityforThose Performing the
Work '
3.3.2,3.18,5.3.1,6.1.3,6.2,9.5. I, 10.2.8
Contractor's Review of Contract Documents
3.2
Contractor's Right to Stop the Work
9.7 ..... ......... .....'"..~f
Contractor's Right 'to' Temrinatl~}tm!'<:.t>Hfract
14.1,15.1.6
Contractor's Submittals
3.10,3.11,3.12.4; 4.2.7,5.2.1;5.2.:),9,2,9.3,9.8.2,
9.8.3,9.9.1,9.10.2,9.10.3,.11.1),1'1.4.2
Contractor's Superintendent ....
3.9, 10.2.6
Contractor's Supervision and Construction
Procedures
1.2.2,3.3.3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4,
7.1.3,7.3.5,7.3.7,8.2, 10, 12,14, 15.1.3
Contrac1ual Liabili1y Insurance
11.1.1.8, 1 1.2
Coordination and Correlation
1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1
Copies Furnished of Drawings and Specifications
1.5,2.2.5, 3. 11
Copyrights
1.5,3.17
Correc1ion of Work
2.3,2.4,3.7.3,9.4.2,9.8.2,9.8.3,9.9.], ]2.1.2,12.2
Correlation and Intent of the Contract Documents
1.2
Cost, Definition of
7.3.7
Costs
2.4.1,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3,
7.3.3.3,7.3.7,7.3.8,7.3.9,9.10.2,10.3.2, ]0.3.6,
11.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14
Cutting and Patching
3.14, 6.2.5
Damage to Construction of Owner or Separate
Contractors
3. ]4.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3,
12.2.4
Damage to the Work
3.14.2,9.9.1,10.2.1.2,10.2.5,10.4.1,11.3.1,12.2.4
Damages, Claims for
3.2.4,3.18,6.1.1,8.3.3,9.5.1,9.6.7,10.3.3,11.1.1,
11.3.5, 11.3.7, 14.1.3, ]4.2.4, 15.1.6
Damages for Delay
6.1.1,8.3.3,9.5.1.6,9.7,10.3.2
Date of Commencement of the Work, Definition of
8.1.2
Date of Substantial Completion. Definition of
8.1.3
Day. Definition of
8.1.4
Decisions of the Architect
3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13, 15.2,6.3,
7.3.7,7.3.9,8.1.3,8.3.1,9.2.1,9.4,9.5.1,9.8.4,9.9.1,
13.5.2.14.2.2,14.2.4, 15.1, 15.2
Decisions to Withhold Certification
9.4.1,9.5,9.7,14.1.1.3
Defective or Nonconforming Work, Acceptance,
Rejection and Correction of
2.3.1,2.4.1,3.5.1,4.2.6,6.2.5,9.5.1,9.5.2,9.6.6,
9.8.2,9.9.3,9.10.4, 12.2. I
Defective Work, Definition of
3.5.1
Definitions
1.1,2.1.1,3.1.1,3.5.1,3.12.1,3.12.2,3.12.3,4.1.1,
15.1.1,5.1,6.1.2,7,2.1,7.3.1,8.1,9.1,9.8.1
Delays and Extensions of Time
3.2.,3.7.4,5.2.3,7.2.1,7.3.1,7.4.1,8.3,9.5.1,9.7.1,
10.3.2,1004.1,14.3.2,15.1.5,15.2.5
Disputes
6.3.1,7.3.9,15.1,15.2
Documents and Samples at the Site
3.11
Drawings, Definition of
1.1.5
Drawings and Specifica1ions. Use and Ownership of
3.11
Effective Date of Insurance
8.2.2, 11.1. 2
Emergencies
10.4, 14.1.1.2. 15.1.4
Inlt.
AlA Documenl A201'" - 2007. Copyright lCl 1911. 1915. 1918.1925, 1937, 1951,1958. t961, 1963. 1966, 1970, 1978, 19S7, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AJA~ Document Is protected by U.S. Copyrlghl Law and International Treaties. UneulhOfized 4
reproduction or distribution 01 this AlA" Document, or any portion of II. may result In severe civil end criminal penalties, and will be pros"culed to the
maximulI1 ex lent possible under the law. This document was produced by AlA software at 09:39:44 on 05112/2010 under Order No.8476578680_1 which
expires on 514/20tl. and Is not for resale.
Uur Noles: (765324378)
Employees. Contractor's
3.3.2,3.4.3,3.8.1,3.9,3.] 8.2, 4.2.3, 4.2.6, 10.2,
10.3.3, ] 1.1. I, 11.3.7, 14.1, 14.2.1.1
Equipment, Labor, Materials or
1.l.3, 1.1.6,3.4,3.5.1,3.8.2,3.8.3,3.12,3.13.1,
3.15.1,4.2.6, 4.2.7, 5.2.], 6.2.1, 7.3.7, 9.3.2, 9.3.3,
9.5.1.3,9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2
Execu1ion and Progress of the Work
1.1.3, 1.2.1, 1.2.2,2.2.3,2.2.5, 3.1,3.3.1,3.4.1,3.5.1,
3.7.1.3.10.1,3.]2,3.14,4.2, 6.2.2, 7.1.3, 7.3.5, 8.2,
9.5.1,9.9.1,10.2,10.3,12.2,14.2,14.3.1, ]5.1.3
Extensions of Time
3.2.4,3.7.4,5.2.3,7.2.1,7.3,7.4.1,9.5.1,9.7.1,
10.3.2,10.4.1,14.3,15.1.5,15.2.5
Failure of fayment
9.5.1.3,9.7,9.10.2,13.6,14.1.1.3,14.2.1.2
Faulty Work .. .' .
(Set': Defective orNoncOll'W@!ngWork)
Final Completionand~lPayment
4.2.1,4.2.9,9.8.2,9.10; lLr:2, 11.1.3, 11.3.1, ] 1.3.5,
]2.3.1, 14.2.4, ]4.4.3
Financial Arrangements, Owner's
2.2.1, 13.2.2, 14~ ~4A ... '"
Fire and ExtendedCovera~:lifsurance
11.3.1.1 ...... .'
GENERAL PROVISIONS
1
GovemingLaw
13.1
Guarantees (See Warranty)
HazardollS Materials
10.2.4,10.3
Identification of S1Jbg8"tractors...!M1~~.~'.......... p..liers
5.2.1 "'<".~I'f'~~:'
Indemnification
3.17.1, 3.18, 9.10.2, 10:3.3, iO.3.5, 10.3.6, 11.3.1.2,
11.3.7 .:' ... ,.
Information and ServicesReqtitt~4&(the Owner
2.1.2,2.2,3.2.2,3.12.4,3.12.:10;6;1.3','6.1.4,6.2.5,
9.6.1,9.6.4,9.9.2,9.10.3, lO.3j, ] 1.2, 11.4, 13.5.1,
13.5.2, ]4.1.1.4, 14.1.4, 15.1.3
Initial Decision .
15.2
Initial Decision Maker, Definition of
1.1.8
Initial Decision Maker, Decisions
]4.2.2, 14.2.4, ]5.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5
Initial Decision Maker, Extent of Authority
14.2.2, ]4.2.4, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4,
15.2.5
Injury or Damage to Person or Property
10.2.8, 10.4.1
Inspections
3.1.3,3.3.3,3.7.],4.2.2,4.2.6,4.2.9, 9.4.2,9.8.3,
9.9.2,9.10.1,12.2.1,13.5
Instructions to Bidders
1.1.1
Instructions to the Contractor
3.2.4,3.3.1,3.8.1,5.2.1,7,8.2.2, ]2, 13.5.2
Instruments of Service, Definition of
1.1.7
Insurance
3.18.1, 6.l.I, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2,11
Insurance, Boiler and Machinery
11.3.2
Insurance, Contractor's Liability
11.1
Insurance, Effective Date of
8.2.2, 11.1.2
Insurance, Loss of Use
11.3.3
Insurance, Owner's Liability
11.2
Insurance, Property
10.2.5, 11.3
Insurance, Stored Materials
9.3.2, I 1.4.1.4
INSURANCE AND BONDS
11
Insurance Companies, Consent to Partial Occupancy
9.9.1, 11.4.1.5
Insurance Companies, Selllement with
] 1.4.10
Intent of the Contract Documents
1.2.1,4.2.7,4.2.12,4.2.13,7.4
Interest .
13.6
Interpretation
1.2.3, 1.4,4.1.1, 5.1, 6.1.2, 15.1.1
Interpretations, Written
4.2.11,4.2.12, ]5.1.4
Judgment on Final Award
]5.4.2
Labor and Materials, Equipment
J.1.3, 1.1.6,3.4,3.5.],3.8.2,3.8.3,3.12,3.]3,3.15.1,
4.2.6,4.2.7,5.2.1,6.2.1,7.3.7,9.3.2,9.3.3,9.5.1.3,
9.10.2,10.2.1,10.2.4,14.2.1.1,14.2.1.2
Labor Disputes
8.3.1
Laws and Regulations
1.5,3.2.3,3.6,3.7,3.12.10,3.13.],4.1.1,9.6.4,9.9.1,
10.2.2,11.1.1,11.3,13.1.1,13.4, ]3.5.1, 13.5.2,
13.6.1,14,15.2.8,15.4
Liens
2.1.2,9.3.3,9.10.2,9.10.4, 15.2.8
Limitations, Statutes of
12.2.5, 13.7, 15.4.1.1
Limitations of Liability
2.3.1,3.2.2,3.5.1,3.]2.]0.3.]7.],3.18.1,4.2.6,
4.2.7,4.2.12,6.2.2,9.4.2,9.6.4,9.6.7, 10.2.5. 10.3.3,
II. 1.2, 11.2, ] 1.3.7, 12.2.5. 13.4.2
Limitations of Time
2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5,3. ]5.1,4.2.7,
5.2, 5.3.].5.4.1, 6.2.4, 7.3,7.4, 8.2, 9.2.1, 9.3.1,
Init.
AlA Document A201'" _ 2007. Copyright C 1911,1915.1918, .1925. 1937, 1951.1958, 1961.1963,1966.1970, 1976. 1987. 1997 and 2007 by The American
Inshlvte of Architects. All rights reservetl. WARNING: This AlA. Document Is protected by U.S. Copyright Law and Intemallonal Treaties. Unaulhor~ed 5
reproducllon ot distribution of this AlA" Document. otany portion 0111, Inay resullln severe civil and criminal penalties, and will be proseeuled 10 the
mal<imulll extent possible under the law. This document was produced by AlA sol1ware at 09:39:44 on 05/12/2010 under Ordet No.8476578680_' which
expires on 5/4/2011, and is nol for resale.
User Notes: (765324378)
9.3.3,904.1,9.5,9.6,9.7.1,9.8,9.9,9.10,11.1.3,
] 1.3.1.5,11.3.6, ] 1.3.10, ]2.2, 13.5, 13.7, 14, 15
Loss of Use Insurance
11.3.3
Material Suppliers
] .5, 3.12.1,4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5
Materials, Hazardous
10.2.4, 10.3
Materials, Labor, Equipment and
1.1.3,1.1.6,1.5.1,3.4.1,3.5.1,3.8.2, 3.8.3, 3.12,
3.13.1,3. ]5.1,4.2.6,4.2.7,5.2.1, 6.2.1,7.3.7, 9.3.2,
9.3.3,9.5.1.3,9.10.2,10.2.1.2,10.2.4,14.2.1.1,
14.2.1.2
Means. Methods, Techniques, Sequences and
Procedures cl Construction
3.3.1,3.12.10,4.2.2,4.2.7,9..4.2
Mechanic's Lien
2.1.2, 15.2.8
Mediation
8.3.1, 10.3.5, 10.3.6, 15.2.1,15.2.5, 15.2.6,15.3,
15.4.1
Minor Changes in the Work
1.1.1, 3.12.8, 4.2.8;1.1, 7,~,; ..
.~ISCELLA~USfrtQVJ$IONS
13 . ... .....,
Modifications. Definition of
1.1;1 :~ "' ~
Modifications to the Contract.
1.1.1, 1.1.2,3.11,4.1.2;'4.2.1,5.2.3,7,8.3.1,9.7.1,
10.3.2, 11.3.1
Mutual Responsibility
~2 . . . .
t;{ol}conforInin&,.WQ~~i Accept~~,~(,
, 9;'6.6, 9.9.3.12;3"..'.' '/"~~~r:i~".h
Noncon forrning)'Vprk,. ~ejc.:ctiohandtOITection of
2.3.1, 2.4';l;3.5;:~;f4;a:6:, 6i~.4, 9.5.1, 9.8.2,9.9.3,
9.10.4;12.2.1 "':",.,.:,':'
. ^ "".,V'
Notice . .".,:' :.',l:i"
2.2.1.2.3.1,2.4.1,3.2.4,3.3.1, ?7.2;'3.i2.9, 5.2.1.
9.7.1, 9.1 0, 10.2.2, 11.1.3, 11.4.6, 12.2.2.1, 13.3,
13.5.1,13.5.2,14.1,14.2,15.2.8,15.4.1
Notice, Written
2.3.1,2.4.],3.3.1.3.9.2,3.12.9,3.12.10,5.2.1,9.7.1,
9.10,10.2.2,10.3,11.1.3,11.3.6,12.2.2.1,13.3,14,
15.2.8, 15.4.1
Notice of Claims
3.704,4.5, 10.2.8,15.1.2, 15.4
Notice of Testing and Inspections
13.5.1,13.5.2
Observations, Contractor's
3.2,3.7.4
Occupancy
2.2.2,9.6.6,9.8, ] 1.3.1.5
Orders, Written
I. I. 1,2.3. 3.9.2.7, 8.2.2, ] 1.3.9, 12.], ] 2.2.2.1,
13.5.2, 14.3.'
OWNER
2
Owner, Definition of
2.1.1
Owner, Information and Services Required of the
2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.] 04,6.2.5. 9.3.2,
9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1,
13.5.2,14.1.1.4,14.1.4,15.1.3
Owner's Authority
1.5,2.1.1,2.3.1,2.4.],3.4.2,3.8.1,3.12.10,3.14.2,
4.1.2. 4.] .3, 4.2.4, 4.2.9, 5.2. ], 5.204, 5.4.1,6.1, 6.3.].
7.2.1,7.3.1,8.2.2, 8.3.1,9.3.1,9.3.2,9.5.1,9.604,
9.9.1,9.10.2,10.3.2,11.1.3,11.3.3,11.3.10,12.2.2,
12.3.1,13.2.2, ]4.3. 14.4, ]5.2.7
Owner's Financia] Capability
2.2.1, J3.2.2, 14.1.1.4
Owner's Liability Insurance
11.2
Owner's Loss of Use Insurance
11.3.3
Owner's Relationship with Subcontractors
1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2
Owner's Right to Carry Out the Work
2.4, 14.2.2
Owner's Right to Clean Up
6.3
Owner's Right to Perfonn Construction and to
A ward Separate Contracts
6.1
Owner's Right to Stop the Work
2.3
Owner's Right to Suspend the Work
14.3
Owner's Right to Terminate the Contract
14.2
Ownership and Use of Drawings, Specifications
and Other Instruments of Service
1.1.1,1.1.6,1.1.7,1.5,2.2.5,3.2.2,3.11.1,3.17.1,
4.2.12,5.3.1
Partial Occupancy or Use
9.6.6,9.9, 11.3.1.5
Patching, Cutting and
3.14, 6.2.5
Patents
3.17
Payment, Applications for
4.2.5,7.3.9,9.2.1,9.3,9.4,9.5,9.6.3,9.7.1,9.8.5,
9.10.], ]4.2.3, 14.2.4, 14.4.3
Payment, Certificates for
4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.],9.6.6,9.7.1,9.10.1,
9.10.3, 13.7, ]4.1.1.3, 14.2.4
Payment, Failure of
9.5.1.3.9.7,9.10.2,13.6,14.1.1.3,14.2.1.2
Payment, Final
4.2. 1,4.2.9,9.8.2,9.10, I I. 1.2, 11.1.3, 11.4.], 11.4.5,
12.3.1, ]3.7, ]4.2.4, 14.4.3
Inlt.
AlA Document A201'" - 2007. Capyright@1911, 1915, 1916,1925, 1937,1951,1956, 1961. 1963, 1966. 1970, 1976. 1967, 1997 and 2007 by The American
Institute 01 Archi\ecls. All rights reserved. W ARNlNG: This AlA' Oocumenl is protected by U.S. Copyrlghll.aw and Internalional Trealies. Unauthorized 6
reproducllon ot dlstribulion 01 this AlA" Document, or any portion of it, Inay 1es~llt in severe civil and criminal penalties, and will be prosecuted to lhe
maximum oxtent possible und!lr the law. This document was produced by AlA software al 09;39:44 on 05lt2I2QtO under Order No.8476576680_t which
expires on 5/4/201 t. and is nal for resale.
User Noles; (765324376)
Payment Bond, Performance Bond and
7.3.7.4,9.6.7,9.]0.3,11.4.9,11.4
Payments, Progress
9.3,9.6,9.8.5,9.]0.3,13.6, ]4.2.3, 15.\.3
PA YMENTS AND COMPLETION
9
Payments to Subcontractors
5.4.2,9.5.1.3,9.6.2, 9.6.3,9.6.4.9.6.7, 11.4.8,
14.2.1.2
PCB
10.3.1
Performance Bond and P.ayment Bond
7.3.7.4, 9.~.7.9.10.3,ll.4.9, 11.4
Permits, Fees, NotiCes and Compliance with Laws
2.2.2,3.7,3.13,7.3.7.4; 10.2.2
PERSONS AND PROPERTY, PROTECTION
OF .
10
Polychlorinated Biphenyl
10.3.1 . ...... ,:. ........:.
Pfoduct Paut;':Defmition of
3.12:2 .
1'toducttJ~I:tl~#(t$lriltpl(j$,$b()p Drawings
~.Jl, 3.~2;4.7.~n;L>. ..,..... .
J:'tOM~ss an~(j)m~~e~~n..
4.2..2..; 8.2,...9.8, 9.9..il.;~.1...4. .IA, 1.5.1.3
." .' -,' ", ".:" -"":<, ", ,,'.::J".", -. -'. :.:. . " .,
Prog~essp,1ym:ept;f.' . '.
9.3,9.6,9;8.5,9.10.3,13.6,14.2.3,15.1.3
Project, Definition of the
1.1.4
Project Representatives
4.2.10
~()perty lDSUX'an~e,
''f(J'2. 5, 11.3 . . . ..
PROTECTION OF PERSONS ANI> PROPERTY
10
Regulations and Laws
1.5, ~.2.3;3,6, 3.7,3.12.10,3.13, 4.1.1, 9.6.4, 9.9.],
10.2.2,11.1,11.4,13.1,13.4,13.5.1,13.5.2, ]3.6, ]4,
]5.2.8, 15.4
Rejection of Work
3.5.1,4.2.6,12.2.l
Re]eases and Waivers of Liens
9.10.2
Representations
3.2.1,3.5.1,3.12.6,6.2.2,8.2.],9.3.3,9.4.2,9.5.],
9.8.2,9.10.]
Represen tatives
2.1.1,3.1.], 3.9,4.1.1,4.2.1,4.2.2, 4.2.10, 5.1.1,
5.1.2,13.2.1
Responsibility for Those Performing the Work
3.3.2, 3.] 8, 4.2.3, 5.3.1, 6.] .3, 6.2. 6.3, 9.5. J, ] 0
Retainage
9.3.],9.6.2,9.8.5,9.9.1,9. ]0.2,9.10.3
Review of Contract Docwnents and Field
Conditions by Contractor
3.2,3.] 2.7,6.1.3
Review of Contractor's Submittals by Owner and
Architect
3.10.1,3.10.2,3.1],3.]2,4.2,5.2,6.1.3,9.2,9.8.2
Review of Shop Drawings, Product Data and
Samples by Contractor
3.12
Rights and Remedies
1.1.2,2.3,2.4,3.5.],3.7.4,3. ]5.2,4.2.6,4.5,5.3,5.4,
6.1.6.3,7.3.1,8.3,9.5.1,9.7,10.2.5,10.3,12.2.2,
12.2.4,13.4,14, ]5.4
Roya]ties, Patents and Copyrights
3.17
Ru]es and Notices for Arbitration
]5.4.]
Safety of Persons and Property
10.2, 10.4
Safety Precautions and Programs
3.3.1,4.2.2,4.2.7,5.3.1,10.1, ]0.2, 10.4
Samples, Definition of
3.12.3
Samples, Shop Drawings, Product Data and
3.11, 3.12,4.2.7
Samples at the Site, Documents and
3.11
Schedule of Values
9.2,9.3.1
Schedules, Construction
3.10,3.12.1,3.12.2,6.1.3,15.1.5.2
Separate Contracts and Contractors
1.1.4,3.12.5,3.14.2,4.2.4.4.2.7,6,8.3.1, 11.4.7,
12.1.2
Shop Drawings, Definition of
3.12.1
Shop Drawings, Product Data and Samples
3.11,3.12,4.2.7
Site, Use of
3.13,6.1.1,6.2.1
Site Inspections
3.2.2,3.3.3,3.7.],3.7.4,4.2,9.4.2,9.10.1, 13.5
Site VisilS, Architect's
3.7.4,4.2.2,4.2.9.9.4.2,9.5.1,9.9.2,9.10.1, 13.5
Special Inspections and Testing
4.2.6,12.2.1,13.5
Specifications, Definition of the
1.1.6
Specifications, The
1.1.1,1.1.6, 1.2.2, l.5, 3.1],3.12.10, 3.17,4.2.14
Statute of Limitations
13.7, ]5.4.1.l
Stopping the Work
2.3,9.7, 10.3, 14.1
Stored Materials
6.2. J, 9.3.2, J 0.2. 1.2, 10.2.4, I 1.4.1.4
Subcontractor, Definition of
5.1.1
SUBCONTRACfORS
5
Inlt.
AlA Documenl A201T1L 2007. Copyright Cl 1911. 1915. 1918. 1925. 1937.1951. 1958. 1961. 1963. 1966, 1970. 1976, 1987. 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: Thi. AJA~ Document is protected by U.S. Copyright Law and International Treelies. Unauthorized 7
reproduction or distribution of lhls AJA'" Documenl. or any portion of It, may resullln severe civil and criminal penallies, and will be prosecuted 10 the
maximum exlent possible under the law. This clocument was produced by AlA sol1ware at 09:39:44 on 05112/2010 under Order No.8476578680_1 which
expires on 5/4/2011. and is not for resale.
User Notes: (765324378)
Subcontractors, Work by
1.2.2,3.3.2,3.12.1,4.2.3,5.2.3,5.3,5.4,9.3.1.2,
9.6.7
Subcontractual Relations
5.3,5.4,9.3.1.2,9.6, 9.lD, 10.2.1, 11.4.7, 11.4.8,
14.1,14.2.1
Submittals
3.10, 3.l], 3.]2,4.2.7, 5.2.1, 5.23, 7.3.7, 9.2,9.3,
9.8,9.9.1, 9.l0.2, 9.10.3, ] 1.1.3
Submittal Schedule
3.10.2,3. ]2.5,4.2.7
Subrogation, Waivers or
6.1.1,11.4.5,11.3.7
Substantial Completion
4,2;9,8.1.1, 8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3,
12.2, 13.7 .
Substa,ptiaJ Completion, Definition of
'9.8.1' .
Subst~ution of Subcontractors
5..p:?gA
SubStitUtion of Architect
4.1.3
Su {?Sti tuti 00&. of Mat~ri al&
3.~t2, 3.5.1, 7.~:a .
S'Ub-$iihcontntctor, Definition of
5.1.,2' .. ' .
$u,,*grf!lce Coq~ltiotls
3.7.4
Successors and Assigns
13.2 .
Superintendent
3.9, 10.2.6
..';~t:~~rvisioll~<Lg9~uction,'~~1Wes
f.'l.2,3;~, 3.4, 3.12.l0, 4.2.2, 4.2.7, 6L3, 6.2.4,
7.1.3, 7.3.7;8.:Z~ &;3.};9A.2, 10, ]2, 14, 15.1.3
SlU'ety . ..'. .....
5;4.1.2,9.8.5,9.10;2,9.10.3,14;2.2,15.2.7
Surety,Conse!l~ of .. .. .
9:10.2,9.lD:3
Surveys
2.2.3
Suspension by the owner rorConvenience
14.3
Suspension of the Work
5.4.2, 14.3
Suspension or Termination of the Contract
5.4.1.1, I 1.4.9,14
Taxes
3.6,3.8.2.1,7.3.7.4
Termination by the Contractor
14,1, 15.1.6
Termination hy the Owner for Cause
5.4.1.1,14.2,15.1.6
Termination by the Owner for Convenience
14.4
Termination of the Architect
4.1.3
Termination of the Contractor
14.2.2
TERMINA TION OR SUSPENSION OF THE
CONTRACf
14
Tests and InspectioDs
3.1.3,3.3.3,4.2.2,4.2.6,4.2.9, 9.4.2,9.8.3,9.9.2,
9.10.1,10.3.2,11.4.1.1,12.2.1,13.5
TIME
8
Time, Delays and Extensions of
3.2.4,3.7.4,5.2.3,7.2.1, 7.3.l, 7.4.1, 8.3, 9.5.1,9.7.1,
10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5
Time Limits
2.1.2,2.2,2.4,3.2.2,3.10,3.11,3.12.5, 3.15.l, 4.2,
4.4,4.5,5.2,5.3,5.4,6.2.4,7.3,7.4,8.2,9.2,9.3.1,
9.3.3,9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, ]].1.3,
11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, ]4, 15.1.2,
15.4
Time Limits on Claims
3.7.4, 10.2.8,13.7, 15.1.2
Title to Work
9.3.2,9.3.3
Transmission of Data In Digital Form
1.6
UNCOVERING AND CORRECfION OF
WORK
12
Uncovering of Work
12.1
Unforeseen Conditions, Concealed or Unknown
3.7.4, 8.3.1, 10.3
Unit Prices
7.3.3.2,7.3.4
Use of Documents
1.1.1, 1.5,2.2.5,3.12.6,5.3
Use of Site
3.13, 6.1.1, 6.2.1
Values, Schedule of
9.2, 9.3.1
Waiver of Claims by the Architect
]3.4.2
Waiver of Claims by the Contractor
9.10.5, 11.4.7,13.4.2,15.1.6
Waiver of Claims by the Owner
9.9.3,9.10.3,9.10.4, 11.4.3, 11.4.5,11.4.7, 12.2.2.1,
13.4.2,14.2.4,15.1.6
Waiver of Consequential Damages
14.2.4, 15.1.6
Waiver of Liens
9.10.2,9.10.4
Waivers of Subrogation
6, J.I, t 1.4.5,11.3.7
Warranty
3.5.4.2.9,9.3.3,9.8.4,9.9. 1,9.10.4, 12.2.2, 13.7. I
Weather Delays
15.1.5.2
AlA Document A201111 - 2007. Copyright C> 191 I, 1915.1916.1925, 1937. 1951.1958.1961.1963.1966,1970. 1976, 1987, 1997 and 2007 byThe American
Institute of Architects. All rights reserved. WARNING: This AlA". Document Is pralected by U.S. Copyright Law and Internalional Treaties. Unauthorized 8
reproduetion or distribution 01 this AlA" Document. or any porlion of il. may result in severe eMI and criminal penalties, and will be prosecuted to the
m8Kimum extent possible under the law. This document was produced by AlA software al 09:39:44 on 05112/2010 under Order No.B476576680_1 which
expires on 5/4/201;, and is nOI for resala.
User NOles: (765324376)
Inil.
Work, Definition of
1.1.3
Written Consent
1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.8.5,
9.9.1,9.10.2,9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2
Written Interpretations
4.2.11,4.2.12
Written Notice
2.3, 2.4, 3.3.1,3.9, 3.12.9, 3.12.10, 5.2.1, 8.2.2,9.7,
9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4,13,3,
14,15.4.1
Written Orders
1.1.1,2.3,3.9,7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2,
14.3.1, 15.1.2
Init.
ALA Oocumenl A20pM - 2007. Copyright e 191 1.1915.1918, 1925. 1937,1951.1958, 1961. 1963, 1966, 1970,1976. 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Documenl is protected by U.S. Copyright Law and International Treaties. Unaulhorlled 9
reproduction or distribution ot this AJA'l'I. Document. or any portion of it, m~y reaullln severe civil ond criminal penalties, and will be prosecuted to the
maximum eolont possible under the law. This dacumenl was produced by AlA software at 09,39:44 on 05/1212010 under Order No.847657B680_' which
expires on 5/41201,. and is not for resale.
User Notes: (765324378}
ARTICLE 1 GENERAL PROVISIONS
~ 1.1 BASIC DEFINITIONS
~ 1.1.1 THE CONTRACT DOCUMENTS
The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the
Agreement) and consist of the Agreement. Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in
the Agreement and Modifications issued after execution of the Contract. A Modifica1ion is (1) a written amendment
to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written
order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the
Contract I)ocpments do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms,
other infonnation furnished by the Owner in anticipation of recei ving bids or proposals, the Contractor's bid or
proposal. or portions of Addenda relating to bidding requirements.
~ 1.1.2THE CONTRACT
The Contract Documents fonn the Contract for Construction. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. T)1e Conlract may beljmended or modified only by a Modification. The Contract Documents shall not be
construedto create a contractual relationship of any kind (1) between the Contractor and the Architect or the
ArChitect's consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner
and the Architect or the Architect's consultants or (4) between any persons or entities other than the Owner and the
Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the
Coritract intended to facilitate performance of the Architect's duties.
91.1.3 THE WORK
The term "Work" means theconstructioo and services required by the Contract Documents, whether completed or
partially completed, and includes all other labor, materials, equipment and services provided or to be provided by
the Contrl\ctor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.
~ 1.t4 THE PROJECT
The Project is the total construction of which the Work perfonned under the Contract Documents may be the whole
Ora part and which may include construction by the Owner and by separate contractors.
;~M.5THE DRAWINGS
.... iife Drawings are 1h'~ graphic artdptctofial portions of the Contract Documents showing the design, location and
dimensiOl)softhe Work, generallyinc1uding plans. elevations, sections, details, schedules and diagrams.
~ tUTHE SPECIFICATIONS
The Specifications are that portion of the Contract Documents consisting of the written requirements for materials,
equipment, systems, standards and workmanship for the Work, and performance of related services.
~ 1.1.7 INSTRUMENTS OF SERVICE
Instruments of Service are representations, in any medium of expression now known or later developed, of the
tangible and intangible creative work performed by the Architect and the Architect's consultants under their
respective professional services agreements. Instruments of Service may include, without limitation, studies,
surveys, models, sketches, drawings, specifications, and other similar materials.
~ 1.1.8 INITIAL DECISION MAKER
The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in
accordance with Section 15.2 and certify termination of the Agreement under Sec1ion 14.2.2.
~ 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
~ 1.2.1 The intent of the Con1ract Documents is to include all items necessary for the proper execution and
completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by
one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent
consistent with the Contract Documents lInd reasonably inferable from them as being necessary to produce the
indicated results.
lnit.
AlA Document A201'" - 2007. Copyright Cl1911. 1915, 1918. '925. 1937. 1951. 1958, 1961. 1963, 1966. 1970, 1976, 1987, 1997 and 2007 by The American
Institute of Archilects. All rights reserved. WARNING: This AlA' Document is protected by U.S. Copyright Law and International Treaties. Unaulhorized 10
reproduction or distribution 01 this PJA" Document, or any porllon of il. may result in severe chiil end criminal pen1l1lies, and will be prosecuted to the
maximum extenl possible undM thl} law. This document was produced by AlA saftware.at 09:39:44 on 05/1212010 under Order No.8476578680_1 which
expires on 5/4/20 II, and is not for resale.
User Notes: (765324378)
~ 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangemen1 of Drawings shall not
control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be
performed by any trade.
~ 1.2.3 Unless otherwise stated in the Contrac1 Documents, words that have well-known technical or construction
industry meanings are used in the Contract Documents in accordance with such recognized meanings.
~ 1.3 CAPIT AUZATION
Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of
numbered articles or (3) the titles of other documents published by the American Institute of Architects.
~ 1.4 INTERPRETATION
In the inter~t ofbrevilythe Contract Documents frequently omit modifying words such as "all" and "any" and
articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in
another is not intended to affect the interpretation of either statement.
91.5 QWNERSHIP AND USEQF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
~ 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications. and will retain all common law, statutory and
other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or
equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to
meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as
publication in derogation of the Architect's or Architect's consultants' reserved rights.
~ 1.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use
and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All
copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service.
The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the
Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the
specific wri1ten consent of the Owner, Architect nnd the Architect's consultants.
~ 1.6 TRANSMISSION OF DATA IN DIGITAL FORM
If t~e parties intend totransrnit Il!struIJ1~ts of Service or any other information or documentation in digital form,
they shall endeavor to 'establish necessary protocols governing such transmissions, unless otherwise already
provided in the Agreement or the Contract Documents.
ARTICLE 2 OWNER
~ 2.1GENERAL
~ 2.1.1 The OWner is the person or entity identified as such in the Agreement and is referred to throughout the
Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have
express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization.
Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means
the Owner or the Owner'S authorized representative.
92.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information
necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such
information shall include a correct statement of the record legal title to the property on which the Project is located,
usually referred to as the site, nnd the Owner's interest therein.
9 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
9 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide
reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the
Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the
Contractor ilS the Contract Documents reql.lire; (2) a change in the Work materially changes the Contract Sum; or (3)
the Contractor identifies in writing a reasonable concern regarding the Owner's abili1y to make payment when due.
The Owncr shall furnish such evidence as a condition precedent to commencement or continuation of the Work or
Inlt.
AlA Document A201TN _ 2007. Copyrlght@1911, 1915, 1918, 1925. 1937. 1951. 1958. 1961. 1963. 1966, 1970. 1976, 1987, 1997 and 2007 by The American
Institule of Architects. All rights reserved. WARNING: This PJA" Document is prolected by U.S. Copyright Law and International Trealies. Unauthorized 11
reproduction or dlstrlbutlan of this PJA" Document. or any ponlon of It, may res~i11 in severe civil ~nd criminal penalties, and will be prosecuted to the
ma.lmum exlent possiblE> under the law. This document was produced by AlA soltware at 09;39;44 on 0511212010 under Order No.6476576680_1 which
expires on 5/41201,. and is not for resale.
User NOles: 1765324376)
the portion of 1he Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not
materially vary such financial arrangements without prior notice to the Contrac1or.
~ 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,
including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements,
assessments and charges required for construction. use or occupancy of permanent structures or for permanent
changes in ellisting facilities.
9 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for
the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of
information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the
Work.
~ 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with
reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control
and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the
Contractor's written request for such information or services.
~ 2.2.5 Unless olherwise provided in the Contract Documents. the Owner shall furnish to the Contractor one copy of
the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.
~ 2.3 OWNER'S RIGHT TO STOP THE WORK
1f the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as
required by Section 12.2 dr repeatedly fails to carry out Work in accordance with the Contract Documents, the
Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such
order has been e!iminllted; hOy.rever, the right of the Owner to stop the Work shall not give rise to a duty on the part
of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent
required by Section 6.1.3.
~ 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults OJ'heglects to carry out the Work in accordance with the Contract Documents and fails
wi1hin a ten-day period after receipt of \Vritten notice from the Owner to commence and continue correction of such
default or neglect with oiIigence and ,p.t'Omptness, the Owner may, without prejudice to other remedies the Owner
may have, correct such deficiencj~:tn'such case an appropriate Change Order shall be issued deducting from
payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including
Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect
or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the
Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor
shall pay the difference to the Owner.
ARTICLE 3 CONTRACTOR
~ 3.1 GENERAL
~ 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the
Contrac1 Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the
jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have
express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means
the Contractor or the Contractor's authorized representative.
~ 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents.
~ 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract
Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or hy tests.
inspections or approvals required or performed by persons or entities other thun the Contmctor.
AlA Document A201 TN _ 2007. Copyright ~ 1911. 1915, 1918. )925. 1937.1951,1958, 1961, 1963,1966,1970.1976. 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyrighl Law and Internalional Treall8s. Unauthorized 12
reproduction or dlstributlon ot this AJA" Oocument. or any porlion of It, may rnullln severe civil and criminal penalties. and will be pros"cuted to Ihe
maximum extent possible under the law. This document was produced by AlA sohware at 09:39:44 on 05/1212010 under Order No.8476578680_1 which
expires on 5/412011. and is not for resale.
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lolt.
93.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
9 3,2.1 Execution of the Contract by the Contractor is a representation thaI the Contractor has visited the site,
become generally familiar with local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents.
93.22 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the
Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as
the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing
conditions related to that portion of the Work, and shall observe any conditions at the si1e affecting it. These
obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the
pUJpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however. the Contractor
shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made Icnown to the
Contractor as a request for information in such form as the Architect may require. It is recognized that the
Contractor's review is made in the Contractor's capacity as a contrnctor and not as a licensed design professional,
unless otherwise specifically provided in the Contract Documents.
93.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable
laws, statu1es. ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor
shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a
request for infonnationin such form as the Architect may require.
~ 3.2.4 If the Contractor believes that additional cos1 or time is involved because of clarifications or instructions the
Architect issues jnreSPOl'\seJo.~e Contractor's notices or requests for information pursuant to Sections 3.2.2 or
3.2.3, the Contractor *~'l\1lf/k:e Claims as provided in Article 15. If the Contractor fails to perform the obligations
of Sections 3.2.2 or 3.2:3; tlle Contractor shall pay such costs and damages to the Owner as would have been
avoided if the ConJ,f,~c!?rha~f>Crformed such obligations. If the Contractor performs those obligations, the
Contractor shall nOlpe liable rothe Owner or Architect for damages resulting from errors, inconsistencies or
omissions in the Contract Documents, for differences between field measurements or conditions and 1he Contract
Documents, or for noncOnformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules
and regulations, alldlawful orders of public authorities.
93.3 SUPERVISION AND CONSTRUCTION PROCEDURES
~. 3.3.1 The Con.tractor shall superyi~"and direct the Work, using the Contractor's best skill and attention. The
Contractor shall be solely responsibliffOi, and have control over, construction means, methods, techniques,
sequences and procedures and tor coordinating all portions of the Work under the Contract, unless the Contract
Documents give other specific instructions concerning these matters. If the Contract Documents give specific
instructions concerning construction means, methods, techniques. sequences or procedures, the Cont,actor shall
evaluate the jobsite safety therepf liJrd,eXcept as stated below, shall be fully and solely responsible for the jobsite
safety of such means, methods, techniques, sequences or procedures. If the Contractor de1ermines that such means,
methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the
Owner and Architect and shall not proceed with that portion of the Work without further written instructions from
the Architect. If the ContractOr is then instructed to proceed with the required means, methods, techniques,
sequences or procedures without accep1ance of changes proposed by the Contractor, the Owner shall be solely
responsible for any loss or damage arising solely from those Owner-required means, methods, techniques, sequences
or procedures,
~ 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees,
Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or
on behalf of, the Contractor or any of its Subcontractors.
~ 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that
such portions are in proper condition 10 receive subsequent Work.
~ 3.4 LABOR AND MATERIALS
~ 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor,
ma1erials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
Init.
AlA Documenl A201 '" - 2007. Copyright@ 1911.1915, 1916, 1925, 19;37. 1951, 1956, 1961, 1963, 1966. 1970, 1976. 1967. 1997 and 2007 by The American
inslitule of ArchiteclS. All rlghls reserved. WARNING: This AlA' Documel'llls protected by U.S. Copyright Law and Inlernalion31 Treaties. Unaulhorlzed 13
reproducllon or dislrlbution ollhls AlA'~. Document, or any portion of it, may r~suJI in severe civil and criminal penallies. and will be proseculed 10 the
maximum exlent possible under the law. ThiS document was produced by AlA soltware at 09:39A4 on 05/1212010 under Order No.6476576680_1 which
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facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent
and whether or not incorporated or to be incorporated in the Work.
~ 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections
3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the
Architect and in accordance with a Change Order or Construction Change Directive.
~ 3.4,3 The Contractor shall enforce strict discipline and good order among the Contractor's.employees and other
persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly
skilled in tasks assigned to them.
~ 3,5 WARRANTY
The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will
be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further
warran1s that the Work will conform to the requirements of the Contract Documents and will be free from defects,
except for those inherent in the quality of the Work the Contract Documen1s require or permit. Work, materials, or
equipmentnot conforming to these requirements may be considered defective. The Contractor's warranty excludes
remedy for damage or defeclc'llused by abuse, alterations to the Work not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the
Architect, the c;;ootractor spall furnish satisfactory evidence as to the ldnd and quality of materials and equipment.
~ 3.6 TAXES
The Contractor sMll pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are
legally enacted. when bid~ arereceived or negotiations concluded, whether or not yet effective or merely scheduled
to go into effect. .
93.7 PERMITS, fl'Ej:S, NOTICES, AND COMPLIANCE WITH LAWS
93.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building
permit as well as forotherperrnits, fees, licenses, and inspections by government agencies necessary for proper
execution and completion of the Work that are customarily secured after execution of the Contract and legally
required at the time bids are received or negotiations concluded.
93.7.2 The ContrllctoCShall compI,Y mthand give notices required by applicable laws, statutes, ordinances, codes,
fiiles and regulntion~C;fud lawfuf''&'td'iftsof public authorities applicable to performance of the Work.
~ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes,
rules and regulations, or lawful orders ,of public authorities, the Contractor shall assume appropriate responsibility
for such Work and shall beartheco~tsattributable to correction.
93.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (I)
subsurface or otherwise conc;;ealed physical conditions that differ materially from those indicated in the Contract
Documen1S or (2) unknown pbYlJical conditions of an unusual nature, that differ materially from those ordinarily
found to exist and generaJJyrecognized as inherent in construction activities of the character provided for in the
Contract Documents, the Contractor shall promptly provide no1ice to the Owner and the Architect before conditions
are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly
investigate such conditions and, if the Architect determines that they differ matcrially and cnuse nn incrense or
decrease in the Contractor's cost of, or time required for. performance of any part of 1he Work, will recommend an
equitable adjustment in the Contract Sum or Contrnct Time, or both. If the Architect determines that the conditions
at the site are not materially different from those indicated in the Contract Documents and that no chnnge in the
terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the
reasons, If either party disputes the Architect's determination or recommendation, that party may proceed as
provided in Article 15.
~ 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial
markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately
suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of sllch
nOlice, the Owner shall promptly take any action neccssary to obtain governmental authorization required to resume
Init.
AlA Document A201'N - 2007. Copyrlght@ 1911, 1915, 1918, 1925, 1937.1951. 1958. 1961,1963. 1966. 1970. 1976. 1987, 1997 and 2007 by The American
Institute of Architects. All righls reserved, WARNING: This AIA~. Document is protected by U.S. Copyrighl Law and International Treaties. Unauthorized 14
reproduction or distribution ot Ihis JlJA" Document, or any portion of il, may resuil in severe civil and Clim/na' penailies. and will ba prosecuted to the
maKimum extent possible under lhe law. This documenl was produced by AlA saftwara at 09:39;44 on 05112/2010 under Order No.8476578680_1 which
expires on 5/412011, and is not for resale.
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1he operations. The Contractor shall continue to suspend such operations until olherwise instructed by the Owner but
shall continue with all other operations that do not affect those remains or features. Requests for adjustments in 1he
Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in
Article 15.
9 3.8 ALLOWANCES
93.8.1 The Contractor shall include in the Contrnct Sum all allowances stated in the Contract Documents. Items
covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct,
but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable
objection.
9 3.8.2 Unless otherwise provided in the Contract Documents,
.1 allo~Dcesshall cover the cost to the Contractor of materials and equipment delivered at the site and
all required taxes, less applicable trade discoun1s;
.2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and
other e}tpen~ wntemplated for stated allowance amounts shall be included in the Contract Sum but
notinJhe allo~ces; and
.3 wh,eri~verC&(il'are more than or less than allowances, the Contract Sum shall be adjusted accordingly
by ChangeOrder. The amount of the Change Order shall reflect (I) the difference between actual
q:)stsandthe~lIowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section
3.8.2.2.
93.8.3 Materials and equipment'under an allowance shall be selected by the Owner with reasonable promptness.
9 3.9 SUPERI.NTENDE~r
9 3.9,1 TheContract<>lsbaHelllploy a competent superintendent and necessary assistants who shall be in attendance
at the Project site during pert'qrrnance of the Work. The superintendent shall represent the Contractor, and
communications given to the superintendent shall be as binding as if given to the Contractor.
~ 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner
through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within ]4
days to the Contractor in wri1ing stating (I) whether the Owner or the Architect has reasonable objection to the
proposed superj~leJ19PJlt or (2) tl1f!t.lt.1~ AJ'chitect requires additional time to review. Failure of the Architect to reply
within the 14 day.par&l shaH e6rlStftUtenotice of no reasonable objection.
~ 3.9.3 The Contr~Ctor'shallIlot employ a proposed superintenden1 to whom the Owner or Architect has made
reasonable andtiindy objec#qJl' Thb Contractor shall not change the superintendent without the Owner's consent,
which sball"llot unreasonably be Withheld or delayed.
9 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES
93.10..1 The Contractor, promptly after being awarded the Contract, shalt prepare and submit for the Owner's and
Architect's information aCoritractor's construction schedule for the Work. The schedule shall not exceed time limits
current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the
Work and Project, shall be related to the entire Project to the extent required by the ContTllct Documents, and shall
provide for expeditious and practicable execution of the Work.
93.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded thc Contract and thereafter
as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval.
The Architect's approval shall not unreasonably be delayed or withheld. The submiltal schedule shall (I) be
coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review
submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be enti11cd to any increase
in Contract Sum or extension of Contract Time based on the time required for review of submittals.
93.10.3 The Contractor shall perform the Work in general accordance with the most recen1 schedules submitled to
the Owner and Architect.
Inil.
AlA Document A201 fl' - 2007. Copyright @ 1911,1915.1918,1925, 1937.1951, 1958. 1961,1963. 1966. 1970. 1976. 1967. 1997 and 2007 byThe American
Instilute of Architecls. All rights reserved, WARNING: This AlA!' 00cum801 is protected by U.S. Copyright Law and tntemational Tre81;e5" Unauthorized 15
reproduction or distribution of this AM". Document. or any portion 01 It, may res\.il in severe civil and criminal penalties, and will be proseeuled to Ihe
maximum extonl possible under the law. This documenl was pladuced by AlA soltware at 09:39:44 on 0511212010 under Order No.847657B660_' which
expires on 514/2011, and is not lor resale.
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~ 3.11 DOCUMENTS AND SAMPLES AT THE SITE
The Contractor shall maintain at the site for the Owner one copy of the Drnwings, Specifications, Addenda, Change
Orders and other Modifications, in good order and marked currently to indicate field changes and selections made
during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required
submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the
Owner upon completion of the Work as a record of the Work as constructed.
~ 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
~ 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the
Contractor or.a Subcontractor, Sub-subcontractor, manufac1urer, supplier or distributor to illustrate some portion of
the Work.
~ 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and
other inforrmition furnished by the Contractor to illustrate materials or equipment for some portion of the Work.
.~ 3.12.3 Samplesa.:e p~ysic~lexamples that illustrate materials, equipment or workmanship and establish standards
by which the WorK Win be ju~ed.
~ 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is
to ciemonstrate the ~ay py~hich the Contractor proposes to conform to the information given and the design
concept eXcpressed ittthe Cdntract Documents for those portions of the Work for which the Contract Documents
require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals
upon which the At-c'hitectiS,?olexpected to take responsive action may be so identified in the Contract Documents.
Sqbmittalsthat(lienoq'~q\l.l~~dby the Contract Documents may be returned by the Architect without action.
,."
.~ 3.12.5 The Con!J'm;t~s~~lreyiew for compliance with the Contract Documents, approve and submit to the
,Architect Shop Dta\Ylhgs,~qchict Data, Samples and similar submittals required by the Contract Documents in
accordance with the sul>mfttalschedule approved by the Architect or, in the absence of an approved submittal
schedule, with reas01lable.promplness and in such sequence as to cause no delay in the Work or in the activities of
the Owner or of sepllfatecontractors.
~ 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to
the Owner andArcl1it~tthatth~CQflF'actor has (1) reviewed and approved them, (2) determined and verified
rifaterials, field meashiements and field construction criteria related thereto, or will do so and (3) checked and
coordinated the information contained within such submittals with the requirements of the Work and of the Contract
Documents.
93.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal
and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been
approved by the Architect.
93.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of
responsibi lity for deviations from requirements of the Contract Documents by the Architect's approval of Shop
Drawings, Product Datll, Samples or similar submittals unless the Contractor has specifically informed the Architect
in writing of such deviation at the time of submittal and (I) the Architect has given written approval to the specific
deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued
authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop
Drawings. Product Data, Samples or similar submittals by the Architect's approval thereof.
~ 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data,
Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the
absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions.
93.12.10 The Contractor shall not be required to provide professional services that constitute the practice of
architecture or engineering unless such services are specifically required by the Contract Documents for a portion of
the Work or unless the Contractor needs to provide sueh services in ordcr to carry out the Contractor's
responsibilities for construction means. methods, 1echniques, sequences and procedures. The Contractor shall not be
Init.
AlA Document A201"" - 2007. Capyrlght@ 1911.1915. 1918. 1925. 1937. 1951, 1958. 1961. 1963, 1966. 1970. 1976, 1987, 1997 and 2007 by The American
Inslitule or Architects. All righls reserved. WARNING: This AlA ,. Document is protected 4y U.S. Copyright Law and International Treaties. Unauthorized 16
reproduclion or distribution 01 this ~A" Document. or any portion of It. may resull in sever. civil and criminal penalties, and wtll be prOliecuted 10 the
maximum extent possible under the law. This document was produced by AlA soHware al 09:39:44 on 05112/2010 under Order Na.8476578680_1 which
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required to provide professional services in violation of applicable law. if professional design services or
certifications by a design professional related to sys1ems, materials or equipment are specifically required of the
Contractor by the Contract Documents, 1he Owner and the Architect will specify all performance and design criteria
that such services must satisi)'. Thc Contractor shalI caLIse such services or certifications to be provided by a
properly licensed design professional, whose signature and seal shall appear on alI drawings, calculations,
specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings
and other submittals related to the Work designed or certified by such professional, if prepared by others, shaIl bear
such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled
to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or
provided by such design professionals, provided the Owner and Architect have specified to the Contractor all
performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will
review, approve or take other appropriate action on submittals only for the limited purpose of checking for
cbnformance with infortnation given and the design concept expressed in the Contract Documents. The Contractor
shall not be responsible for the adequacy of the performance and design criteria specified in the Contract
Documents.
~ 3.13 USE OF SITE
the Contractor-shall confine oPerations at the site to areas permitted by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public aU1horities and the Contrnct Documents and shall not unreasonably
encumber the site with materials or equipment.
~ 3.14 CUTTING AND PATCHING
~3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make
i~s parts fit togfltll~r prop~~y.All areas requiring cutting, fining and patching shall be restored to the condition
existing prior to. the cuhirig, fitting and patching, unless otherwise required by the Contract Documents.
~ 3.14.2 The Contractor shall not damage or endanger a portion ofthe Work or fully or partially completed
construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by
excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor
except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably
withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's
consent to cutting or otherwise altering the Work.
l3.15 CLEANING UP
~ 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or
rubbish caused py op~ations under the Contract. At completion of the Work, the Contractor shall remove waste
matyQals, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about
the Project.
~ 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner
shall be entitled to reimbursement from the Contractor.
~ 3.15 ACCESS TO WORK
The Contractor shall provide the Owner and Architect llccess to the Work in preparation and progress wherever
located.
93.17 ROYALTIES, PATENTS AND COPYRIGHTS
The Contractor shall pay all royalties and license fecs. The Contractor shall defend suits or claims for infringement
of copyrights and patent rights and shall hold the Owncr and Archilect harmless from loss on account thereof, but
shall not be responsible for such defense or loss whcn a par1icu]ar design, process or product of a partic\llar
manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are
contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the
Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a
patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the
Architect.
Init.
AlA Documenl A201 TV - 2007. Copyright Cl1911, 1915. 1918. 1925. 1937, 1951. 1958. 1961, 1963. 1966, 1970. 1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AlA' Document Is protecled by U.S. Copyright Lew end Intemalionsl Treaties. Unauthorized 17
reproduction or distribution 01 this AlA." Document. or any porlion 01 ii, may result in severe civil and criminal penalties, and will be prosecuted to the
mSKimum ex lent possiblll under the law. This document was produced by AlA soflware al 09:39:44 on 05/12/2010 under Order No.8476578680~ 1 which
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~ 3.18 INDEMNIFICATION
~ 3.18.1 To the fullest extent permilted by Jaw the Contrac10r shall indemnify and hold harmless the Owner,
Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages,
losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the
Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death,
or to injury to or destruction of 1angible properly (other than 1he Work itself), but only to the extent caused by the
negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce
other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section
3.18.
~ 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor,
a Subcontractor, anyone directly or indirectly employed by them Dr anyone for whose acts they may be liable, the
indemnification obligation under Section 3.18. I shall not be limited by a limitation on amount or type of damages,
cOlJ1pensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts,
disability benefit acts or other employee benefit acts.
ARTICLE 4 ARCHITECT
~4.1GENERAL
~4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing
~chitecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the
Agreement arid is referred to throughout the Contract Documents as if singular in number.
~. 4.1,2 Duties. responsibilities and limitations of authority of the Architect as set forth in the Contract Documents
shall not ~ restricted, modified or extended without written consent of the Owner, Contractor and Architect.
Consent shall not be unreasonably withheld.
~ 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom
the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the
Architect.
~4:2 ADMINISTRA TIONOF THE CO~TRACT
l4.2.1 The Architect' will proviab'~dfujllistration of the Contract as described in the Contract Documents and will be
an Owner's representative during construction until the date 1he Architect issues the final Certificate For Payment.
The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract
Documents.
~ 4.2.2 The Architect will visit the site at intervals appropria1e to the stage of construction, or as otherwise agreed
with the Owner. to become generally familiar with the progress and quality of the portion of the Work completed,
and to determine in general if the Work observed is being performed in a manner indicating that the Work, when
fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to
make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will
not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or
procedures, or for the safety precautions and programs in connection with the Work, since these are solely the
Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1.
~ 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and
quality of the portion of the Work completed, and report to the Owner (I) known deviations from the Contract
Documents and from 1he most recent construction schedule submitted by the Contractor, and (2) defects and
deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the
Work in accordance with the requirements of the Contrllct Documents. The Architect will not have control over or
charge of and will not be responsible for acts or omissions of thc Contractor, Subcontractors, or their agents or
employees, or any other persons or en1i1ies performing portions of the Work.
Init.
AlA Documenl A201'" - 2007. Copyrlghl C 191,. 1915. 1918.1925, 1937. 1951. 1958. 1961. 1963. 1966. 1970, 1976.1987. 1997 ano 2007 by The American
Institute 01 Architects. All righls reserved. WARNING: This AlA'. Document is p,olecteo by U.S. Copyrighl Law and Int~alional Treaties. Unauthorized 18
rl1production or distribution olll1is AlA' Document. or any portion ot il. may r..sultln saltere civil and criminal penalties, and will be prosecuted to the
maKimwn Axlanl possible undl>< Ihe law. This document was produced by AlA software at 09:39:44 on 05112/2010 under Order No.84765786ll0_1 which
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~ 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION
Except as otherwise provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about
matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be
through the Architect. Communications by and with Subcontractors and material suppliers shall be through the
Contractor. Communications by and with separate contractors shall be through the Owner.
~ 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review
and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts.
~4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the
. Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the
Work in accorqance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed.
However, neither this authori1y of the Architect nor a decision made in good faith either to exercise or not to
e~.ercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors,
material arid equipment suppliers, their agents or employees, or other persons or entities performing portions of the
Work,
~ 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals
such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract Documents. The Architect's action will be
taken in accordance with the submittal schedule approved by the Architect or, in 1he absence of an approved
submittal ~hedule, with reasonable promptness while allowing sufficient time in the Architect's professional
judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the
aCcuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for
installatiOn or performance of equipment or systems, all of which remain the responsibility of the Contractor as
required by the ~ontract Documents. The Architect's review of the Contractor's submittals shall not relieve the
Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval
of safety precautions or. unless otherwise specifically stated by the Architect, of any construction means, methods,
teChniques, sequences or procedures. The Architect' s approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
~~.2.81.'he Architect will prepare fbl\P,\:r:: Orders and Construction Change Directives, and may authorize minor
; changes in the Work as provided'iri SeCtion 7.4. The Architect will investigate and make determinations and
recommendations regarding concealed and unknown conditions as provided in Section 3.7.4.
~ 4.2.~ The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date
of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the
Owner, for the Owner's review and re(,'Ords, written warranties and related documents required by the Contract and
assembled by the Contractor pursuant to Section 9. I 0; and issue a final Certificate for Payment pursuant to Section
9.10.
~ 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representa1ives to assist in
carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of
such project representatives shall be as set forth in an exhibit to be incorporated in the Con1ract Documents.
~ 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Con1ractor. The Architect's response to such requests
will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
~ 4.2.12lnterpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable
from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations
and decisions. the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not
show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith.
~ 4.2.13 The Architect's decisions on mailers relating to aesthetic effect will be final if consistent with the intent
expressed in the Contmct Documents.
fnit.
AlA Document A201'" - 2007. Copyrlghl@1911, 1915, 1918. 1925, 1937, 1951, 1958, 196t, 1963, 1966, 1970. 1976. 1987, 1997 ana 2007 by The American
Institute 01 Archilects, All rights reserved. WARNING: rhis AIA'- Document is prOlectea by U.S. Copyright Law and International Treaties. Unauthorized 19
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~ 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The
Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with
reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and
Specifications in response to the requests for information.
ARTICLE 5 SUBCONTRACTORS
~ 5.1 DEFINITIONS
~ 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the
Work at the site. The tenn "Subcontractor" is referred to throughout the Contract Documents as if singular in
number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor"
does not include a separate contractor or subcontractors of a separate contractor.
~ 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to
perform a portion of the Work at the site. The term "Sub-s1.1bcontractor" is referred 10 throughout the Contract
Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-
subcontractor.
~ 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
~5.2.1 Unless otherwise stated in the Contract Documents or the bidding requiremen1s, the Contractor, as soon as
practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of
persons or entities (including those who are to furnish materials or equipment fabricated to a special design)
proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in
wrHing stating (l) whe~er the Owner or the Architect has reasonable objection to any such proposed person or
entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within
the 14 day period shall constitute notice of no reasonable objection.
~ 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made
reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the
Contractor has made reasonable objection.
~ 5.2.3 If the Owner or Archi tect has reasonable objection to a person or entity proposed by the Contractor, the
~()ntractor shall propose another toWhQro the Owner or Architect has no reasonable objection. If the proposed but
tejectedSubcontraCtoiwas reasonably capable of performing the Work, the Cootrllct Sum and Contract Time shall
be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order
shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract
Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively
. in submitting names as required.
~ 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or
Architect makes reasonable objection to such substitution.
~ 5.3 SUBCONTRACTUAL RELATIONS
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 Sqbcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities,
including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents,
assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the
Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor
so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically
provided otherwise in the subcontract agreement, the benefit of all rights, remedies ,md redress against the
Contractor that the Con1ractor, by rhe Contract Documents, has agaim1 the Owner. Where appropriate, the
Contractor shall require each Subcontractor to enter into similar agreemen1s with Sub-subcontractors. The
Contractor shall make available to each proposed Subcontractor, prior to the execution of the sulx:ontract agreement,
copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the
Subcontractor. identify to the Subcontractor terms and conditions of the proposed subcontract agreement1hat may
Inlt.
AlA Documenl A201'" - 2007. Copyrlghll!~ 1911,1915.1918,1925.1937, 1951,1958.1961, 1963.1956, 1970. 1976, 1987. 1997 and 2007 by The American
Inslilule 01 Architects. All rig his reserved. WARNING: This AlA!' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 20
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be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of
such documents available to their respective proposed Sub-subcontractors.
~ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
~ 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided
that
.1 assignmen1 is effective only after termination of the Contract by the Owner for cause pursuant to
Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the
Subcontractor and Contractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the
Contract.
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and
obligations under the subcontract.
~ 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's
compensation shall be equitably adjusted for increases in cost resulting from the suspension.
~ 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a
successor contrac1or or other entity. If the Owner assigns the subcontract to a successor contractor or other entity,
the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the
subcontract.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
~6. 1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
~ 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's
own forces, and to award separate contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or substantially similar to these including those
portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is
involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15.
~ 6.1.2 When separa1e contracts are awarded for different portions of the Project or other construction or operations
on the site, the term "Contractor" in,the Contract Documents in each case shall mean the Contractor who executes
each separate Owner-ContractorA~&h1ent.
~ 6.1.3 The Owner shall provide for coordination of the activi1ies of the Owner's own forces and of each separate
contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with
other separate contractors ami the Owner in reviewing their construction schedules. The Contractor shall make any
revisions to the construction schedule deemed necessary after a joint review flnd mutual agreement. The construction
schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until
subsequently revised.
96.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations
related 10 1he Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations
and to have the same rights thaI apply to the Contractor under the Conditions of the Contract, including, without
excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12.
9 6.2 MUTUAL RESPONSIBIUTY
96.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and
storage of their materials and equipment and performance of their activities, and shall connect and coordinate the
Contractor's construction and operations with theirs as required by the Contract Documents.
96.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by
the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly
report to 1he Architect apparent discrepancies or defects in such other construction that would render it unsuitable
for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that
AlA Document A201'" - 2007. Copyright e 1911. 1915, 1916. 1925, 1937.1951. 1956.1961.1963,1966.1970.1976, 1987. 1997 and 2007 byThe American
Institute of Archilects. All righls reserved. WARNING: This AlA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 21
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Init.
the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the
Contractor's Work, except as to defects not then reasonably discoverable.
~ 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor
because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be
responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly
timed activities, damage to the Work or defective construction.
~ 6,2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to comple1ed or partially
completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5.
96.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are
described for the Contractor in Section 3.14.
9 6.3 OWNER'S RIGHT TO CLEAN UP
If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their
respective contracts for ma.intaining the premises and surrounding area free from waste materials and rubbish, the
Owner may clean up and the Architect will allocate the cost among those responsible.
ARTICLE 7 CHANGES IN THE WORK
97.1 GENERAL
~ 7.1.1 Changes in the Work maY be accomplished after execution of the Contract, and without invalidating the
Contract, by Change Order; CQnstructioo Change Directive or order for a minor change in the Work, subject to the
limitations stated in this Ariicle 7 and elsewhere in the Contract Documents.
97.1.2 A Change Ord~ shan bellased upon agreement among the Owner, Contractor and Architect; a Construction
Change Directive requires a.greement by the Owner and Architect and mayor may not be agreed to by the
Contractor; an order for a minor change in the Work may be issued by the Architect alone.
~ 7.1.3 Changes in the Work shall be perfonned under applicable provisions of the Contract Documents, and the
Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive
or order for a minor change in the Work.
~7.2 CHANGE ORDERS"'.'" ..
~ 72.1 A Cbange Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and
Architect stating their agreement upon all of the following:
.1 The change in the Wprk:;
.2 The amount of theadj'!1.stment, jf any, in the Contract Sum; and
.3 The extent of the adjustment, if any, in the Contract Time.
97.3 CONSTRUCTION CHANGE DIRECTIVES
~ 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and
Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract
Time. or both. The Owner may by Construction Change Directive, without invalidating the Con1ract, order changes
in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the
Contract Sum and Contract Time being adjusted accordingly.
~ 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change
Order.
~ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be
based on one of the following methods:
.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient 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
Inll.
AlA Document A201TU _ 2007. Copyright<C> 1911.1915. 1916, 1925. 1937, 1951. 1958. 1961, 1963. 1966, 1970, 1976, 1967. 1997 and 2007 by Tile American
Institute of Architects. All rights reserved. WARNING: This AlA'. Daeument is protectecl by U.S. Copyright Law ancllnternalional Traall81l. Unauthorized 22
reprOduction Or distribution of this IlJA'" Documenl. or any portion of iI. may resullln seveNl civil and eriminal penalties, and will be prosecuted 10 tile
maximum exlent p05sible under the law. This document Wl15 produced by AlA sollWare at 09:39:44 on 05/12/2010 under Order No.8476578680_1 which
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.4 As provided in Section 7.3.7.
97.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally
contemplated are materially changed in a proposed Change Order or Construction Change Directive so that
application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or
Contractor, the applicable unit prices shall be equitably adjusted.
97.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in
the Work involved and advise the Architect ofthe Contractor's agreement or disagreement with the method, if any,
provided in the Construction Change Directive for determining the proposed adjusnnent in the Contract Sum or
Contract Time.
~ 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith,
including adjustment in COntract Sum and Contrac1 Time or the method for determining them. Such agreement shall
be effective immediately and shall be recorded as a Change Order.
9 7.3.7 If theContractot d~~l"!ot respond promptly or disagrees with the method for adjustment in the Contract Sum,
the Architect shall detem1methe method and the adjustment on the basis of reasonable expenditures and savings of
thoseperforrning the Work ~ttributable to the change, including, in case of an increase in the Contract Sum, an
amount for ovefbea<l an4~9fitas set forth in the Agreement, or if no such amount is set forth in the Agreement, a
reasonable amollnt.IDs\lch case,and also under Section 7.3.3.3, the Contrac1or shall keep and present, in such form
as the Architect may prescr:ibe. an itemized accounting together with appropriate supporting data. Unless otherwise
provided in the Contract DoclltJ'ients. costs for the pUlposes of this Section 7.3.7 shall be limited to the following:
.1 Costs ofJaoor,'including social security, old age and unemployment insurance, fringe benefits
required by a~eement or custom, and workers' compensation insurance;
.2 COS1S of maieri~ls, supplies and equipmen t, including cost of transportation, whether incorporated or
consumed;
.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
Contractor of others;
.4 Costs of premiums for all bonds and insurance. permit fees, and sales, use or similar taxes related to
the Work; and
.5 Additional costs of sup~vlliion and field office personnel directly attributable to the change.
.. . ,.....,..""...,.,'-"..,.,-"-,.,..
9 '7.3.8 The amount of'6~edit to b&'i&f~~ by the Contractor to the Owner for a deletion or change that results in a
net decrease in the Contract sum shMlhe actual net cost as con finned by the Architect. When both additions and
credits covering related Work: or substitutions are involved in a change, the allowance for overhead and profit shall
be figured on the basis of net, li1<;tell~df any, with respect to that change.
~ 7.3.9 Pending final detennination of the total cost of a Construction Change Directive to the Owner, the Contractor
may request payment for Work completed under the Construction Change Directive in Applications for Payment.
The Architect will make an interim determination for purposes of monthly certification for payment for those costs
and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be
reasonably justificd. The Architect's interim detennination of cost shall adjust the Contract Sum on the same basis
as a Change Order, subject to the right of either party to disagree and assert a Oaim in accordance with Article 15.
97.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the
adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such
agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be
issued for all or any part of a Construction Change Direc1ive.
97.4 MINOR CHANGES IN THE WORK
The Architect has authority to order minor changes in the Work not involving adjuslment in the Contract Sum or
extension of the Contract Time and not inconsistent with the intent of 1he Contract Documents. Such changes will be
effected by written order signed by the Architect and shall be binding on the Owner and Contractor.
I nit.
AJA Document A20pM - 2007. Copyright@HI11. 1915. 1916. 1925. 1937. 1951. 1958, 1961.1963.1966.1970.1976, 1967. 1997 and 20Q7 by The American
Institute of Architects. AJI rights reserved. WARNING: This AIAt. Oocumenlls protected by U.S. Copyright Law and International Treaties. Unauthorized 23
reproduction or distribullon 01 this AdA" Document, or any portion of it. may resllll In severe civil and criminal pltnalties, and will be prosecuted to the
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ARTICLE 8 TIME
98.1 DEFINITIONS
98.1.1 Unless otherwise provided, Contract Time is the period of lime, including authorized adjustments, allotted in
the Contract Documents for Substantial Completion of the Work.
98.1.2 The date of commencement of the Work is the date established in the Agreement.
98.1.3 The date of Subs1antial Completion is the date certified by the Architect in accordance with Section 9.8.
98.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically
defined.
9 8.2 PROGRESS ANOC,OMPLETION
9 8.2.1 Tim~ iimits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement
the Contractor copfirms,thatlbe Contract Time is a reasonable period for performing the Work.
98.2.2TheContra<.:t<#,shallJiptknowingly, except by agreement or instruction of the Owner in writing, prematurely
commence operations on $e site or elsewhere prior to the effective date of insurance required by Article 11 to be
furnished by theContracti.fa.pd Owner. The date of commencement of the Work shall not be changed by the
effective date of such. illsu,rl\.fice.
98.2.3 The COntractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion
within the Contract :;riine. .
9 8.3 DELA YSAND ~~N~IONS OF TIME
9 8.3.1 If the Co*ac:i~is delayed at any time in the commencement or progress of the Work by an act or neglect of
the Owner ot ArchiteCt, OI,~.fan employee of either, or of a separate contractor employed by the Owner; or by
changes ordered in theW?~k; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other
cnusesbeyond theCcmttact$lt's control; or by delay authorized by the Owner pending mediation and arbitration; or
by other causes that the Architect detennines may justify delay, then the Contract Time shall be extended by Change
Order for such reasonabledme as the Architect may determine.
1 M.2 Clairnsrelat4igJp:tlme sh.!!ltJ)<~U1ade in accordance with applicable provisions of Article 15.
'.":;;'~," ' -O~17;.JY; _;r~~-~;:E:'JiF+Pf
~ 8.3.3 This Section ,8.3 does not preclude recovery of damages for delay by either party under other provisions of
the ContractDocuni~tits. .
ARTICLE 9 PAYMENTS ANDCOMPLETlON
~ 9,1 CONTRACT SUM .
The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by
the Owner to the Contractor for performance of the Work under the Contract Documents.
99.2 SCHEDULE OF VALUES
Where the Contract is based On a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the
Architect, before thefITst Application for Payment, a schedule of values allocating the entire Contract Sum to the
various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as
the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing
the Contractor's Applications for Payment.
~ 9.3 APPLICATIONS FOR PAYMENT
~ 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the
Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under
Section 9.2., for completed portions of the Work. Such applica1ion shall be notarized, if required, and supported by
such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of
requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract
Documents.
Init.
AlA Documenl A201'" - 2007. Copyrlghl@ 1911.1915. 1918, 1925. 1937, 1951, 1958, 1961, 1963, 1966,1970.1976, 1987, 1997 and 2007 by The American
Institute of Architects. All rights reserved. WARNING: This AtA.' Oocumem is protected by U.S. Copyrightl..aw and Intemalianal Treatle$. Unauthorized 24
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~ 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in
the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the
Architect, but not yet included in Change Orders.
~ 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the
Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been perfonned by
others whom the Contractor intends to pay.
~ 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and
equipment delivered and suitably stored at the site for subsequent incorpaation in the Work. If approved in advance
by the Owner, paymehtmay similarly be made for materials and equipment suitably stored off the site at a location
agreed upon i)'rwriting;f#yment for mataials and equipment stored on or off the site shall be conditioned upon
compliance by the Cqntfilctor with procedures satisfac10ry to the Owner to establish the Owner's title to such
materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable
insurance, storage andttansportation to the site for such materials and equipment stored off the site.
~ 9.3.3 Thepontrl\C~orw~t~ that title to all Work covered by an Application for Payment will pass to the Owner
no lateTthaIl thell\1ie'ofpa)1ment. The Contractor further warrants that upon submittal of an Application for
Payment an Work forwhicp <::ertificates for Payment have been previously issued and payments received from the
Owner shall, to the bestQf the Contractor's knowledge, information and belief, be free and clear of liens, claims,
secutityintefll:stsor enCumbrances in favor of the Contractor, Subcontractors, material suppliers. or other persons or
entities making a Claim by reason of having provided labor. materials and equipmen1 relating to the Work.
5 ~;4 CI;RT'IFICATES:~QRP!b,Y~ENT
i9.4.1i:he Af,~l'iit~~wm;~Jthin seven days after receipt of the Contractor's Application for Payment, either issue
to theOwnc;r a Certitic.atli!forJ?ayment, with a copy to the Contractor, for such amount as the Architect determines
is propeilYdue,Orllotifyrpe(:ontractor and Owner in writing of the Architect's reasons for withholding
certification iri whoieorfD part as provided in Section 9.5.1.
~. 9.4.2 The issuance of a C:~rtificate for Payment will constitute a representation by the Architec1 to the Owner,
based on the ArchitecCsevlIluation of the Work and the data comprising the Application for Payment, that, to the
best of the Architect's kpowledge, information and belief, the Work has progressed to the point indicated and that
.tp,f;.gualit~6ftb:~>:t~k,.j.:S;in a~'i~{.,~~Jith ~e Contract Documents. The foregoing representation.s are subject to.
M1evaluauon ofth~ WOrk for oot1hance WIth the Contract Documents upon Substantial Completton, to results of
subseql1~nt testll a,qcl in~pections, to correction of minor deviations from the Contract Documents prior to completion
and .to specificquaHficatiohs expressed by the Architect. The issuance of a Certificate for Payment will further
constitute a repteseritationthaft\:Je:G<mtractor is entitled to payment in the amount certified. However, the issuance
of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-
site inspections to check the qualjty or quantity of the Work, (2) reviewed construction means, methods, techniques,
sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers
and other data requested by the Owner to substantiate the Contractor's right to payment. or (4) made examination to
ascertain how or for what purPose the Contractor has used money previousl y paid on account of the Contract Sum.
S 9.5 DECISIONS TO WITHHOLD CERTIACATION
S 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary
to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot
be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the
Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised
amount, the Arcbitect will promptly issue a Certificate for Payment for the amount for which the Architect is able to
make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of
subsequently discovered evidence, may nullify the whole or a purt of a Certificate for Payment previously issued, to
such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor
is responsible, including loss resulting from acts and omissions described in Section 3.3.2. because of
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probable filing of such claims unless
security acceptable to the Owner is provided by the COIltnlctor;
Inlt.
AlA Document A201"" - 2007. Copyright C 1911, 1915, 1918,1925, 1937, 1951, 1958, 1961. 1963.1966.1970.1976. 1987. 1997 and 2007 by The American
Institute of NcMecls. All rights reserved.. WARNING: This AIA.~ Oocument is prOlected by U.S. Copyright Law and Inlemallonal Trl1eties. Unauthorized 25
reproduction or dlslribullon of Ihls AlA". Document, or any portion of It, may result in severe civil and eriminal penalties. and will be proseeuted to lhe
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expires on 5/412011, and is nallor resale.
User Noles: (7653243781
.3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or
equipment;
.4 reasonable evidence that the Work cannot be completed for 1he unpaid balance of the Contract Sum;
.5 damage to the Owner or a separate contractor;
.6 reasonable evidence that the Work will no1 be completed within the Contract Time, and that the
unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
or
.7 repeated failure to carry out the Work in accordance with the Contract Documents.
~ 9.5.2 'When the above reasons for withholding certification are removed, certification will be made for amounts
previously withheld.
~ 9~5.3 If the Nchitect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option,
issue joint ch~cks to the Contractor and to any Subcontractor or material or equipment Sl.lppliers to whom the
Contractorfail,~ .~~make Pllyment for Work properly performed or material or equipment suitably delivered. If the
Owner~ak~paymentsbyj61nt check, the Owner shall notify the Archi1ect and the Architect will reflect such
paYJl!!t!Ho.l'!tJleneitlCertificp,te for Payment.
" : ;i"-,.'.),"" :: '''': ~ -,'~ > :~; . :< ,
~ ?~PRQGR~~SPAYMErns.
~~,6.1.Aftertl1~Architectl1as issued a Certificate for Payment, the Owner shall make payment in the manner and
witbiilthe tiJn~ptovidedin the Contract Documents, and shall so notify the Architect.
U.$;2T1Jeg6n,rr.a,~!orsh~Jp~Yeach Subcontractor no later than seven days after receipt of payment from the
.. Qvmer.wearit~~9~to whiptthe Subcontractor is entitled, reflecting percentages actually retained from payments to
~eC;%(tract~iQh' ~c9~t'Qf the Subcontractor's portion of the Work. The Contractor shall, by appropriate
agreeiri6tltwith eat:h,Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar
maJJtl~,
~.9,6.~ TheNchjt~!wil1, on request, furnish to a Subcontractor, if practicable, information regarding percentages of
completion Or amounts applied for by the Contractor and action 1aken thereon by the Architect and Owner on
accountofportioos of the Work done by such Subcontractor.
;l~i9.4,.:!'he(jw'p'~,~~ f!:Ie. right ~?,~~y~~ written .evidence from ~e Contractor that the Contractor has properly paid
S'\lOcontJ~Qtqrs and rilatenal and' ~Ulpment suppliers amounts plUd by the Owner to the Contractor for subcontracted
Work. Ifthe ~ol1traGtor fails to furnish such evidence within seven days, the Owner shall have the right to con1act
SubcqptrattorSIQascertainwhether they have been properly paid. Neither the Owner nor Architect shall have an
oblig'ati()n to Pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law.
~ 9.6.5Contraclor payments to material and equipment suppliers shall be trea1ed in a manner similar to that provided
in Sections9.6.2, 9.6.3 and 9.6.4.
~ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the
Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.
~ 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum,
payments received by the Contractor for Work properly performed by Subcon1ractors and suppliers shall be held by
the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under
contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require
money to be placed in a separate account and not commingled with money of the Contractor, shall create any
fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity
to an award of punitive damages against the Contractor for breach of the requirements of 1his provision.
99.7 FAILURE OF PAYMENT
If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after
receipt of the Contractor's Application for Payment. or if the Owner does not pay the Contractor within seven days
after the date established in the Contract Documents the amount certified by the Architect or awarded by binding
dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner nnd Architect,
AlA Document A201.... _ 2007. Copyright c:J 1911. 1915, 1918. 1925, 1937, 1951. 1958. 1961. 1963. 1966, 1970. 1976, 1987, 1997 and 2007 by The American
Instilule 01 Architects. All righls reserved. WARNING; This AlA~ Documenlls protected by U.S. Copyrighl Law and rnternallonal Treaties. Unauthorized 26
reprocluetlon or distribution of this AlA" Documenl. or any portion of it, may result in severe civil end criminal penallies, and will be prosecuted to Ihe
maximum extent possible under the law. This document was produced by AlA software al 09:39:44 OIl 0511212010 under Order No.1l476578680_1 which
expires on 514120 11. and is nallar re:lale.
User Notes: (765324376)
In It.
stop the Work until payment of the amount owing has been received. The Contract Time shall be extended
appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-
down, delay and start-up, plus interest as provided for in the Contract Documents.
~ 9.8 SUBSTANTIAL COMPLETION
~ 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof
is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize 1he
Work for its intended use.
~ 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept
separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of
items to becotnvleted or corrected prior to final payment. Failure to include an item on such list does not alter the
responsibility of the Contrac10r to complete all Work in accordance with the Contract Documents.
~ 9.8.3 Upon receipt ofthe Contractor's list, the Archi1ect will make an inspection to determine whether the Work or
designaled portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not
i~c1u4eQ ()I)the COfIU'actor's list, which is not sufficiently complete in accordance with the Contract Documents so
that the .OW\1er can:occupy or utilize the Work or designated portion thereof for its intended use, the Contractor
shall, ~fore issuance of the Certificate of Substantial Completion, complete or correct such item upon notification
by the fuchiteCl. In such case, the Contractor shall then submit a request for another inspection by the Architect to
determine Substantial Completion.
~ 9.$.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a
C~fiCllte of Supstantial. COIppletion that shall establish the date of Substantial Completion, shall establish
resp(5o.sibiliti~ of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and
inslltance'lIJId shall fix the time within which the Contractor shall finish all items on the list accompanying the
.Ce,-tifiCl.\te. Warranties require<l by the Contract Documents shall commence on the date of Substantial Completion
of the Work or del>1gnatedportion thereof unless otherwise provided in the Certificate of Substantial Completion.
~9.8;S The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if
an.y, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment
sh"lll be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
'::::'r,~ ' " '~'.-::- ":,:{~}-'>:'
~ 9.9 PARTIAl QCCUPANCY OR USE
~ 9.9.tTheOvvnermay occupy or use any completed or partially completed portion of the Work at any stage when
slIchportion is designated by separate agreement with the Contractor, provided such occupancy or use is consented
to by the iItslIrer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the
Project. Such par1ial occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments,
retain age, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in
wri1ing concerning the period for correction of the Work and commencemen1 of warranties required by the Contract
Documents. When the Contractor considers a portion substantially comple1e, the Contractor shall prepare and
submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use
shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement
between 1he Owner and Contractor or, if no agreement is reached, by decision of the Architect.
~ 9.9.2 Immediately prior to such partial occupancy or lise, the Owner, Contractor and Architect shall jointly inspect
the area to be occupied or portion of the Work to be used in order to determine and record the condition of the
Work.
S 9.9.3 Unless otherwise agreed upon, partial occupancy or lIse of a portion or portions of the Work shall not
constitute acceptance of Work not complying with the requirements of the Contract Documents.
99.10 FINAL COMPLETION AND FINAL PAYMENT
99.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance
and upon receipt of a tinal Application for Payment, the Architect will promptly make such inspection and, when the
AlA Document A201'" _ 2007. Copyright@19". 191!). 1916. 1925. 1937. 1951. 1958. 1961. 1963, 1966, 1970.1978,1987, 1997 and 2007 by The American
Inslilule of Archllecls. All rights reserved. WARNING: This AlA' Document Is protected by U.S. Copyright Law and Int.melioM' Trealies. Unauthorized 27
reproduclion or distribution of this AlA" Document. or any porlion 01 ii, may result In severe civil end criminal penalties, and will be proseculed 10 the
maximum extent possibl<l under Ih& law. This document was produced by AlA softwara al 09:39:44 on 05112/2010 under Order No.6476578680_1 which
expires on 5/4/2011. and is nal for resale.
Usar Notes: (765324376)
Inlt.
Architect finds the Work acceptable under the Contract Documents and 1he Contract fully performed, the Architect
will promptly issue a [mal Certificate for Payment stating that to the best of the Architect's knowledge, information
and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the
Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will
constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being
entitled to final payment have been fulfilled.
~ 9.10.2 Nei1her final payment nor any remaining retained percentage shall become due until the Contractor submits
to the Architect (l) an irlfidavit that payrolls, bills for materials and equipment, and other indebtedness connected
wi1h the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts
withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the
Contrac1 Documents to remain in force after final paymen1 is currently in effect and will not be canceled or allowed
to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the
Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by
the CoIltract Documents, (4) consent of surety, if any, to final payment and (5), jf required by the Owner, other data
.e.stablishirigpaymentor satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security
interests or encumbrances arising out of the Contrac1, to the extent and in such fann as may be designated by the
Owner. If a Subcontractor refuses 10 furnish a release or waiver required by the Owner, the Contractor may furnish a
bond satisfactory to th.e Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after
payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in
discharging such lien,iJlcluding all costs and reasonable attorneys' fees.
99.10.3 If, after Substantial Completion of the Work, final completion iliereof is materially delayed through no fault
of the Contr\lctor or by issuance of Change Orders affecting final completion. and the Architect so confirms, the
Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the
Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If tbe
remaiJling balance for Work not fully completed or corrected is less than retainage stipulated in the Contract
Documents, and if~ndshave been furnished, the written consent of surety to payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to
certification of such payment. Such payment shall be made under terms and conditions governing final payment,
except thaI it shall not constitute a waiver of claims.
c', ~:lt10.4The makingoffinaJ paymeril$ti<ill constitute a waiver of Claims by the Owner except those arising from
. .1 liens, Claims, security interests Of encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
~ 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall consti1ute a
waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
the time of final Application for Payment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
910.1 SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initialing, maintaining and supervising all safety precautions and programs
in connection with the performance of the Contract.
910.2 SAFETY OF PERSONS AND PROPERTY
910.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to
prevent damage, injury or loss to
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site, under care, cus10dy or control of the Contractor or the Contractor's Subcontractors Of Sub-
subcontractors; and
.3 other property at the site or adjacent thereto. such as trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the course
of construction.
lnll.
AlA Document A2D1lU _ 20D7. Copyright cI:) 1911, 1915.1918,1925, 1937,1951.1958, 1961, 1963, 1966, 1970, 1976, 1987. 1997 and 2007 by The American
Institute of Archltecls. All rights reserved.. WARNING: This AlA'. Document is protected by U.S. Copyrighl Law and Inlel11alional Treaties. Unaulhor1~ed 28
reproduction or distribution otthls />JA' Documenl. or any porlion 01 It, may resullln severe civil and criminal pen.llies, and will be prosecuted to the
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910.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their
protection from damage, injury or Joss.
9 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract,
reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
910.2.4 When use or storage of explosives or other hazardous materials oc equipment or unusual methods are
necessary for execution of the Work, the Contractor shall exercise utmost care and carryon such activities under
supervision of properly qualified personnel.
910.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property
insurancetequired by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.].3 caused in
whole or in part by llie Contractor, a Subcontractoc, a Sub-subcontractor, or anyone directly or indirectly employed
by any of them, or pyanyone for whose acts they may be liable and for which the Contractor is responsible under
Sections 10.2. L2ari.d 10.2.1 j, except damage or loss attributable to acts or omissions of the Owner or Architect or
anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable,
aJ:Id not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in
addition to the Contractor's obligations under Section 3.18.
910'.2.6 The Contractpr shall designate a responsible member of the Contractor's organization at the site whose duty
shan be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise
designated by the Contractor in writing to the Owner and Architect.
.~ 10.2. 7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or
create an unsafe condition.
~ 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY
If either party suffers injury or damage to person or property because of an act or omission of the other party, or of
others for whose acts !!uch party is legally responsible, written notice of such injury or damage, whether or not
il1~\lred, shalll:>e~Y~Qt9 the o!qrlPartywithin a reasonable time not exceeding 21 days after discovery. The notice
sIfall provide sufflcie'ntdetail to ehablelhe other party to investigate the matter.
~ 10.3 HAZARDOUS MATERIALS
~ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents
regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the
Contrac1 Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl
(PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately
stop Work in the affected area and report the condition to the Owner and Architect in writing.
~ 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a Iiccnsed laboratory
to verify the presence or absence of the material or substance reported by the Contractor and, in the event such
material or substance is found to be present. to cause it to be rendered harmless. Unless otherwise required by the
Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications
of persons or entities who are to perform tests verifying the presence or absence of such material or substance or
who are to perform the task of removal or safe con111inment of such material or substance. The Contractor and the
Architect will promptly reply to the Owner in writing stating whether oc not either has reasonable objection to the
persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or enti1Y
proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no
reasonable objection. When 1he material or substance has been rendered hannless, Work in the affected area shall
resume upon written agreement of the Owner and Contractor. By Change Order, the Contrac1 Time shall be
extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable
additiDnal costs of shut-down, delay and start-up.
Init.
AlA Document A201'" _ 2007. Copyrlghte 1911, 1915, 191B, 1925, 1937,1951, 195B. 1961, 1963, 1966.1970.1976. 1987. 1997 and 2007 by The American
Institute of Architects. All rig hIs reserved. WARNING: This AlA" Documenl is protecled by U.S. Copyright Law and International Treaties. Unauthorized 29
reprodUc1ion or tlistrlbulion of lhls ~A" Documenl, or any portion of iI, may resull In severe civil and criminal penallles, and will be prosecuted 10 Ihe
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expires on 5/41201 1. and is nollor resale.
User Notes: (76532437 B)
~ 10.3.3 To the fulles1 extent permitted by law, the Owner shall indemnify and hold harmless the Contmctor,
Subcontractors, Architect. Architect's consultants and agents and employees of any of them from and against
claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from
performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or
death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or
expense is attributable 10 bodily injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itselt), except to the extent that such damage, loss or expense is due to the fault or negligence
of the party seeking indemnity.
910.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings
to the site unless such materials or substances are required by the Contract Documents. The Owner shall be
responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's
fault or negligence in the use and handling of such materials or substances.
910.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (I) for remediation of
a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to
perform its obligations under Section 10.3.1, except 10 the extent that the cost and expense are due to the Owner's
fault or negligence.
~ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for
the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the
Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.
~ 10.4 EMERGENCIES
In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to
prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor
on account of an emergency shall be determined as provided in Artic]e 15 and Article 7.
ARTICLE 11 INSURANCE AND BONDS
~ 11.1 CONTRACTOR'S LIABILITY INSURANCE
~ 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do
business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims
set forth below whjF~U1!.ay arise.94:~p(9"'result from the Contractor's operations and completed operations under
the Cohtract and fOr Which the CoririctOr may be legally liable, whether such operations be by the Contractor or by
a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of
them may be liable:
.1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that
are applicable to the Work to be performed;
.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the
Contractor's employees;
.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than
the Contractor's employees;
.4 Claims for damages insured by usual personal injury liability coverage;
.5 Claims for damages, other 1han to the Work itself, because of injury to or destruction of tangible
property, including loss of use resulting therefrom;
.6 Claims for damages because of bodily injury, death of a person or property damage arising Ollt of
ownership, maintenance or use of a molar vehicle;
.7 Claims for bodily injury or property damage arising out of completed operations; and
.8 Claims involving contractual liability insurance applicable to the Contractor's obligations under
Section 3.18.
~ 11.1.2 The insurance required by Section II. I. I shall be written for not less than Iimi1s of liability specified in the
Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an
occurrence or claims-made basis, shall be maintained without interruption from the dale of commencement of the
Work until the date of final payment and termination of any coverage required to be maintained after final payment,
and, with respect to the Contractor's completed operations coverage, llntilthe expira1ion of the period for correction
Inll
AlA Document A201 TM _ 2007. Copyright@1911. 1915. 1918, 1925. 1937. 1951, 1958. 1961,1963, 1966. 1970,1976, 1987, 1997 and 2007 by The American
Instilute of Architects. All rights reserved. WARNING: This AlA'" Oocumenlls protected by U.S. Copyright Law and lnlernallonal Treaties. Unauthorized 30
reprodUC110n or distributiOn oltl1is AlA" Document. or any pOrlion of ll, may resutlln seve.... civil and criminal pe',etlie., and will be proseculed to lhe
maximum extent possible under the law. This document was produced by AlA software at 09:39:44 on 05112/2010 under Ordec No.8476578680_1 which
expires on 5/4/201,. and Is not for resaie.
User Notes: (765324378)
of Work or for such other period for maintenance of completed opera1ions coverage as specified in the Contract
Documents.
~ 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of
the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the
insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies
will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An
additional certificate evidencing continuation of liability coverage, including coverage for completed operations,
shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal
or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning
reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be
furnished by the Contractor with reasonable promptness.
S 11.1.4 The Contractor shall cause the commercial liability coverage reqllired by the Contract Documents to include
(I) the Owner, the Architect and the Architect's Consultants as additional insureds for claims caused in whole or in
part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an
additional.insured for claims caused in whole or in part by the Contrac1or's negligent acts or omissions during the
Contractor's completed operations.
S 11.2 OWNER'S LIABILITY INSURANCE
The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance.
S 11.3 PROPERTY INSURA~CE
S 11.3.1 Unless otherwisepro"ided, the Owner shall purchase and maintain, in a company or companies lawfully
authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's
risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract
Modifications and cost of materials supplied or instalIed by others, comprising total value for the entire Project at
the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained,
unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who
are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person
or entity other than the.Owner has an insurable interest in the property required by this Section 11.3 to be covered,
whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-
subcontractors in .the Project.
~ 11.3.1.1 Property insurance shall be on an naIl-risk" or equivalent policy form and shall include, without limitation,
insurance against the perils of fire (with extended coverage) and physical loss or damage including, without
duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework,
testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any
applicable legal requirements, and shilll cover reasonable compensation for Architect's and Contractor's services
and expenses required as a result of such insured loss.
~ 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of
the coverages in the amount described above, 1he Owner shall so inform the Con1ractor in writing prior to
commencement of the Work. The Contractor may then effect insurance that will protect the interests of the
Con1ractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof
shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or
maintain insurance as described above, without so notifying the Coo1ractor in writing, then the Owner shall bear all
reasonable costs properly attributable thereto.
~ 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such
deductibles.
~ 11.3.1.4 This property insurance shall cover portions of 1he Work stored off the site, and also portions of the Work
in transit.
911.3.1.5 Partial occupancy or use in accordance with Section 9.9 shaH not commence until the insurance company
or companies providing property insurance have consented to such partial occupancy or use by endorsement or
Inlt.
AlA Document A201™ - 2007. Copyright C> 1911. 1915. 1918. ,1925. 1937,1951. 1958. 1961, 1963. 1968. 1970, 1978. 1987. 1997 and 2007 by The American
Instilule 01 ArcMecls. All rlghls reserved. WARNING: This AlA' Document Is prote<:led by U.S. Copyright Law and International Treatiee. Unaulhorized 31
reproduction or distribution of tills AlA" Document, or any porlion of ii, may resull in severe civil and criminal penalties. and will be proseculed to the
maKimllm extent possible under the rllW. This document was produced by AlA sartware at 09:39:44 on 0511212010 under Order No.8476578680_1 which
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otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or
companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that
would cause cancellation, lapse or reduction of insurance.
~ 11.3.2 BOILER AND MACHINERY INSURANCE
The Owner shaH purchase and maintain boiler and machinery insurance required by the Contract Documents or by
law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner;
this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work,
and the Owner and Contractor shall be named insureds.
~ 11.3.3 LOSS OF USE INSURANCE
The Owner, lit the Ownef's option, may purchase and maintain such insurance as will insure the Owner against loss
of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action
against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other
hazards however caused.
~ 11.3.4 If the Contrac:tor !!'lq4ests in writing that im..urance for risks other than those described herein or other
special causes Otloss be inCluded in the property insurance policy, the Owner shall, if possible, include such
insurance, and the cost tllereof shall be charged to the Contractor by appropriate Change Order.
~ 11.3.5 If during the Project construction period the Owner insures properties, real or personal oc both, at or adjacent
to the site by property insurance under policies separate from those insuring the Project, or if after final payment
property insurance is to be provjded on the completed Project through a policy or policies other than those insuring
the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section
11.3.7 for damages cauS~ by fire or other causes of loss covered by 1his separate property insurance. All separate
policies shall provjdethi~ waiver of subrogation by endorsement or otherwise.
~ 11.3.6 Before an exposur(:to loss may occur, the Owner shall file with the Contractor a copy of each policy that
includes insurance cOYerag~S"Tequired by this Section 1 1.3. Each policy shall contain all generally applicable
conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision
that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days'
prior written notice has been given to the Con1ractor.
· ~ 11.3.7 WAIVERS'OF'~bBROGATlttU'l:,,:,:::
The Owner and Con1ractor waive allrlghts against (1) each other and any of their subcontractors, sub-
subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate
contractors described in Article .<i, if any, and any of their subcontractors, sub-subcontractors, agents and employees,
for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to
this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of
such insurance held by the Owner as fiduciary. The Owner or Contractoc, as appropriate, shall require of the
Architect, Architect's consultants, separate contractors described in Ar1icle 6, if any, and the subcontractors, sub-
subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for
validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of
subrogation by endorsement or otherwise. A waiver of subroga1ion shall be effective as to a person or entity even
though that person or entity would otherwise have a duty of indemnification, contractual Of otherwise, did not pay
the insurance premium direc11y or indirectly, and whether or not the person Of entity had an insurable interest in the
property damaged.
911.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owncr as fiduciary and made
payable to 1he Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any
applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of
insurance proceeds received by the Contractor, and by appropria1e agreements, wriuen where legally required for
validi1Y, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner.
9 11.3.9 lf required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss.
give bond for proper performance of the Owner's duties. The cost ofrequired bonds shall be charged against
proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which 1he
Init.
AlA Docyment A201'" - 2007. Copyright I!:> 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961.1963, 1966. 1970. 1976. 1987. 1997 and 2007 by The American
Institute o' Architects. All rights reserved. WARNING: This AlA" Document is protected by u.s. Copyrlghl Law and Internalionsl Treaties. Unauthorized 32
reproduction or distribullan 01 this AlA" Document. or any porllan of II. may resutt in severe civil and criminal penalties. and will be prosecuted 10 the
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Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in
accordance with the method of binding dispute resohltion selected in the Agreement between the Owner and
Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for
convenience. replacement of damaged property shall be performed by the Contractor after notification of a Change
in the Work in accordance with Article 7.
~ 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in
interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such
objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method
of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method
of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute
over distribution of insuTt:lQce proceeds, in accordance with the directions of the arbitrators.
~ 11.4 PERFORMANCE'Sc:lND AND PAYMENT BOND
~ 11.4.1 The Owner shan have the right to require the Contractor to furnish bonds covering faithful performance of
the Contract and paytnel1t pf obligations arising thereunder as stipulated in bidding requirements or specifically
required in the Contract DocunlCnts on the dale of execution of the Contract.
~ 11.4.2 Upon the requestofany person or entity appearing to be a potentia] beneficiary of bonds covering paymen1
of obligationsarisingund.e[,tPe Contract, the Contractor shall promp11y furnish a copy of the bonds or shall
authorize a copy to be furnished.
A.~TICLE12U~~OY~RJ~"sr~~pCORRECTlON OF WORK
S 12.1 UNCOV~~.ING O~.:Wg~K
~ 12.1.1 If a p<;ll1ion.oft1i~.W&'k is covered contrary to the Architect's request or to requirements specifically
expressed in the<::Tttag~:Dop}$enlS, it must, if requested in wri1ing by the Architect, be uncovered for the
Architect's examinll.tion and~replaced at the Contractor's expense without change in the Contract Time.
~ 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior
to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such
Work is in accordance with the Contract Documents, costs of uncovering and replacement shall. by appropriate
Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such
c~~t~ and the c9!'.t.,9fSQlTection$!l!!11~l!1 the Contractor's expense unless the condition was caused by the Owner or
. a separate contractor in which e~nt tile'Owner shall be responsible for payment of such costs.
~ 12,2 CORRECTION OF WORK
~ 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION
The Contractor shall promptly correct Work rejec1ed by 1he Architec1 or failing to conform to the requirements of
the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated,
installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost
of uncovering and replacement, and compensation for the Architect's services and expenses made neccssary
thereby, shall be at the Contractor's expense.
~ 12.2.2 AFTER SUBSTANTIAL COMPLETION
~ 12.2.2.110 addi1ion to the Contractor's obligations under Section 3.5, if, within one year after the date of
Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties
established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents,
any of the Work is found to be not in accordam:e with the requirements of the Con1ract Documents, the Contractor
shall correct it promptly after receipt of written notice from the Owner 10 do so unless the Owner has previously
given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after
discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the
Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require
correction by the Contractor and to make a claim for breach of warranty. If 1he Contractor fails to correct
nonconforming Work within a reasonable time during thaI period after receipt of notice from the Owner or
Architect, the Owner may correct it in accordance with Section 2.4.
Init.
AlA Document A201'" _ 2001. Copyright@1911, 1915, 1916, 1925, 1937, 1951, 1956, 1961, 1963. 1966, 1970. 1976. 1967, 1997 and 2007 by The American
Institule of Archilecls. All rights reserved, WARNING: This AlA.'" Oocumenl is protected by U.S. Copyright Law and Internalional Treaties. Unauthorized 33
repraduclion Dr distribution of this /JJA'. Document, or any porlion of it, may re5<1lt i/1 severe civil and crlmlnsl penalllu, and will be prosecuted to the
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~ 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first
performed after Substantial Completion by the period of time between Substantial Completion and the actual
completion of that portion of the Work.
~ 12.2.2.3 The one-year period for correctioo of Work shall not be extended by corrective Work performed by the
Contractor pursuant to this Section 12.2.
~ 12.2.3 The Contractor shall remove from the site portioos of the Work that are not in accordance with the
requirements of the Contract Documents and are neither corrected by 1he Contractor nor accepted by the Owner.
~ 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or
partially completed, Qf,th.~,Pwner or separate contractors caused by the Contractor's correction or removal of Work
that is not in accordatl(;e':W:Ith the requirements of the Contract Documents.
~ 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period oflimitation with respect to
other obligatiOns the Contrllctbr has under the Contract Documents. Establishment of the one-year period for
correction of W?r\<: lIS. de~cfj~ in Section 12.2.2 relates only to the specific obligation of the Contractor to correct
the Work, and hasno relafi'oI'niliip to the time within which the obligation to comply with the Contract Documents
may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the
Contractor'sljability wit~ r~spect to the Contractor's obligations other than specifically to correct the Work.
~.12,3 ACCEPTANCE OF NONCONFORMING WORK
If tlle Ownerpr~fefs to a~ep~Work that is not in accordance with the requirements of the Contract Documents, the
O).vner.rnay do~(}ins~lUl~r~~iring its removal and correction, in which case the Contract Swn will be reduced as
. appropriate an<i equitl!.bl~.$,llch adjustment shall be effected whether or not final payment has been made.
ARTlClE13 MISC~LLANEQ!.JS PROVISIONS
~ 13.1 GOVERNING LAW
The Contract shall be governed by the law of the place where the Project is located except that, if the parties have
selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shaH govern Section
15.4.
,;~1~~2 SUCCES~g~~;~p ASSI~~,/.,; .. . .
, ~13.2.11'he Owner. ana Contrael~YespectJVelY bmd themselves, theIr partners, successors, assIgns and legal
representativestocqvenants, agreements and obligations contained in the Contract Documents. Except as provided
illSectiori 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the
other; If either party attempts to llJ,*esuch an assignment without such consent, that party shall nevertheless remain
legally responsible for all obligations under the Contract.
~ 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction
financing for the Project, if the lender assumes the Owner's rights and obligations under the Contrac1 Documents.
The Contractor shall execute all consents reasonably required to facilitate such assignment.
~ 13.3 WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the
firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or
certified mail or by courier service providing proof of delivery to, the last business address known to the party
giving notice.
~ 13.4 RIGHTS AND REMEDIES
~ 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder
shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available
bylaw.
~ 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a
breach there under, except as may be specifically agreed in writing.
lnlt.
AlA Document A201"" - 2007. Copyright C> 1911, 1915, 1918. 1925,1937,1951, 1958, 1961. 1963, 1966. 1970, 1976, 1987, 1997 and 2007 by The American
Institule of Architects. All rights reserved. WARNING: This AlA" Document Is protecled by U.S. Copyrlghllaw and Inlernallonal Tr.all..... Unauthorlz.d 34
reproduction or distrlbulion of this AlA'" Document. or any porlion of it, may result in sever. civil and criminal penailles, and will be prosecuted to the
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~ 13.5 TESTS AND INSPECTIONS
~ 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract
Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public
authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and
approvals with an independent testing laboratory or entity acceptable to the Owner, or with 1he appropriate public
authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect
timely notice of when and where tests and inspections are to be made so that the Architect may be present for such
procedures. The Owner shall bear costs of (I) tests, inspections or approvals that do not become requirements until
after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or
applicable laws or regulations prohibit the Owner /Tom delegating their cost to the Contractor.
~13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under Sec1ion 13.5.1, the Architect will, upon written
authorization from the Owner, instruct the Contractor to make arrangements for slJch additional testing, inspection
or approval by an entitj acceptable to the Owner, and the Contractor shall give timely notice to the Architect of
',Vhenl!l1l! where testllandinspections are to be made so that the Architect may be present for such procedures. Such
costs, except as provided in Section 13.5.3, shall be at the Owner's expense.
~t3.5}.If sU~l.procedJJresJor testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the
portfOns of th~'Work'to:complywith requirements established by the Contract Documents, all costs made necessary
by sIkh failure including those of repeated procedures and compensation for the Architect's services and expenses
s)ltlll beattbe C04trltclor's expense.
~'.13;~,~4 ;Req1)fred certiJ1cates of testing, inspec1ion or approval shall, unless otherwi se required by the Contract
Documents, be seCllr!:dOy th,e Contractor and promptly delivered to the Architect.
~ 13.5.5 If the Arohitect is to observe tests, inspections or approvals required by the Contract Documents, the
Architect will do so promptly and, where practicable. at the normal place of testing.
~ 13.5.6 Tests or inspections conducted pursuant to 1he Contract Documents shall be made promptly to avoid
unreasonable delay in the Work.
'.lf3.6 INTEREST
Paymentsdi.!e and unpaid under the Contract Documents shall bear interest /Tom the date payment is due at such rate
as the parties may a8ree upOn in writing or, in the absence thereof, at the legal rate prevailing from time to time at
the place where the Project is located.
~ 13.7 TIME LIMITS ON CLAIMS
The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of
warranty or otherwise, against the other arising 001 of or related to the Contrac1 in accordance with the requirements
of the final dispute resolution method selected in the Agreement within the time period specified by applicable law,
but in any case not more than 10 years after the dale of Substantial Completion of the Work. The Owner and
Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7.
ARTICLE 14 TERMINATION OR SUSPENSION OFTHE CONTRACT
~ 14.1 TERMINATION BY THE CONTRACTOR
~ 14.1.1 The Contractor may terminate the Contract ifthe Work is stopped for a period of30 consecutive days
through no act or fault of the Contractor or a Subcontrac1or, Sub-subcontractor or their agents or employees or any
other persons or entities performing portions of the Work under direc1 or indirect contract with the Contractor, for
any of the following reasons:
.1 Issuance of an order of a conrt or other public authority having jurisdic1ion that requires all Work to
be stopped;
.2 An act of government, such as a declaration of national emergency that requires all Work to be
stopped;
AlA Document A201T1' _ 2007. Copyright e 1911. 1915. 1918. 1925. 1937. 1951,1958. 1961. 1963, 1966. 1970, 1976, 1987. 1997 and 2007 by The American
Inslilute of Archilects. All rIghts reserved. WARNING: This AlA: Document Is protected by U.S. Copyright Law and IoternaHonal Treaties. Unauthorized 35
reproduction or distribution ollhl. p.jA~ Document. or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the
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User Notes: (765324376)
Init.
.3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of
the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not
made payment on a Certificate for Payment within the time stated in the Contract Documents; or
.4 The Owner has failed to furnish to the Contractor promptly, upon 1he Contractor's request, reasonable
evidence as required by Section 2.2.1.
~ 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor,
Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work
under direct or indirect contract with the Contractor. repeated suspensions, delays or interruptions of the entire Work
by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of
days scheduled for completion, or 120 days in any 365-day period, whichever is Jess.
~.14.1.3If 9rteofthe reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days'
Written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work
executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages.
~14.1.~ IftheWOfk is stopped for a period of 60 consecutive days through no act or fault ofthe Contractor or a
Subepntilii;tor or their agents or employees or any other persons performing portions of the Work under contract
with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract
oo<:umynts ~thJespect to matters important 10 the progress of the Work, the Contractor may, upon seven additional
days'\oVritteD,lIoticeto the Owner and the Architect, terminate the Contract and recover from the Owner as provided
in Section 14.1.3.
~ 14.2 TERMI~~T.l()N BY THE OWNER FOR CAUSE
~ 14.2.fThe OWner maytenninate the Contract if the Contractor
.1 repeatedly refuses or fails to supply enough properly ski lled workers or proper materials;
.2 fails to make paymen1 to SUOContrac10rs for materials or labor in accordance with the respective
agreements between the Contractor and the Subcontractors;
.3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of a public authority; or
.4 otherwise is guilty of substantial breach of a provision of the Contract Documents.
... M~,2~.~eJiilQ;Y;Bt}~e ~bo~e ,r~~~~;~xist, the O:wner, upo.n ~rtification by th~ Initial Decisi?n Maker that
suffiClentclluscexlMs to JUStlfy sucrracllon, may Wlthout prejudice to any other nghts or remedies of the Owner and
after giving the Contractor and the Contractor's surety, if any, seven days' written notice. terminate employment of
the Contractcw" and may. subject to any prior rights of the surety:
.1 Exclude the Contractor from the site and take possession of all materials, eql.lipment, tools, and
construction equipment and machinery thereon owned by the Contractor;
.2 Accept assignment of subcontracts pursuant to Section 5.4; and
.3 Pin ish the Work by whatever reasonable method the Owner may deem expedient Upon written
request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs
incurred by the Owner in finishing the Work.
~ 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall
not be entitled to receive further payment until the Work is finished.
~ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for
the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner (\Od not
expressly waived, such excess shall be paid to the Contractor. If such cos1s and damages exceed the unpaid balance,
the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case
may be, shall be certified by 1he Ini1ial Decision Maker, upon application, and this obligation for payment shall
survive termination of the Contract.
~ 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
~ 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt 1he Work in
whole or in parI for such period of time as the Owner may determine.
Init.
AlA Documenl A201nt _ 2007. Copyright@1911. 1915, 1918, 1925, 1937, 1951, 1958. 1961, 1963. 1966,1970.1976,1987,1997 and 2007 by ne American
Instilute of Architects. All rlghls reserved. WARNING: This AlA' Document Is prolecled by U.S. Copyright Law and Inlernallonal Treaties. Unauthorized 36
reproduction or dislribulion ollhis AlA'" Document. or any portion of ii, may ",suit In severe civil and criminal penalties. and will be proseeuted 10 Ihe
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S 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by
suspension, delay or interruption as described in Section ]4.3.1. Adjustment of the Contract Sum shall include
profit. No adjustment shall be made to the extent
.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause
for which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied under another provision of the Contract.
~ 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
~ 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause.
~ 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the
Contractor shall
.1 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;
and
.3 except for Work directed to be performed prior to the effective date of tennina1ion stated in the
notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts
and purcha~e orders.
~ 14.4.3ln caseof such termination for the Owner's convenience, the Contractor shall be entitled to receive payment
for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on
the Work not executed.
ARTlCLI: 15 C!;.AIMS AND DISPUTES
~15,1 CLAIMS
S 15.1.1 DI:FINITION
A Claim is a demand or a'lsertion by one of the parties seeking, as a matter of right, payment of money, or other
relief with respect to the terms of 1he Contract. The term "Claim" also includes other disputes and matters in
question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to
substantiate Claims shall rest with the party making the Claim.
.~ 15.1.2 NOTICE OF CLAIMS
9.aims by either the Owner or Con~actor must be initiated by Mitten notice to the other party and to the Initial
.. DecisiOil Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker.
Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or
within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later.
~ 15.1.3 CONTINUING CONTRACT PERFORMANCE
Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.1 and Article
14, the Contractor shall proceed diligently with performance of the Contrac1 and the Owner shall continue to make
payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue
Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
~ 15.1.4 CLAIMS FOR ADDITIONAL COST
If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall
be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency
endangering life or property arising under Section 10.4.
~ 15.1.5 CLAIMS FOR ADDITIONAL TIME
~ 15.1.5.1lf the Contractor wishes 10 make II Claim for an increase in the Contract Time, written notice as provided
herein shall be given. Thc Contractor's Claim shall include an estima1e of cost and of probable effect of delay on
progress of the Work. In the case of a continuing delay, only one Claim is necessary.
915.1.5.2 If adverse weather conditions are the basis for a Claim for addi1ional time, such Claim shall be
documented by data substantiating that weather conditions were abnormal for the period of time, could not have
been reasonably anticipated and had an adverse effect on the scheduled construction.
AlA Document A20l'" _ 2007. Copyrighl C 1911.1915. 1918. )925. 1937.1951,1958,1961, t963. 1966, 1970. 1976.1987. 1997 and 2007 by The Ame<lcan
Institule 01 Architects. All rig hIs reserved. WARNING: This AlA.'. Oocument is protected by U.S. Copyright Law and Internallonal Treaties. Unauthorized 37
reproduction Ot r;lislribution of this AlA" Document. or any portion of it. may result In severe civil and eriminal penalties. and will be prosecuted to the
maximum exlent possible under the law. This document was produced by AlA soflwara at 09:39:44 on 0511212010 under Order Na.8478578680_1 which
expires on 5/4/2011. and is nOl for resale.
User Notes: (765324378)
Inlt.
~ 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to
this Contract. This mutual waiver includes
.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productivity or of the services of
such persons; and
.2 damages inctUTed by the Con1ractor for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit
except anticipated profit arising directly from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to either party's tennination
in accordance with Article l4. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of
liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.
915.21NITIAL DECISION
915.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 1 1.3.9, and 11.3.10, shall be referred to the Initial
Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise
indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be
required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30
days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been
teridered. Unless the Initial Decision Maker and all affected parties agree. the Initial Decision Maker will not decide
disputes between the Contractor and persons or entities other than the Owner.
915.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one (I'
more of the following actions: (1) request additional supporting data from the claimant or a response with supporting
data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise,
or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker
lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the
Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the
Claim.
915.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek
}f1{9rmation from either party or fT91JIpef~ons with special knowledge or expertise who may assist the Initial
. 'Decision Maker in rendering a dedsfon.t'he Initial Decision Maker may request the Owner to authorize retention of
such persons at the Owner's expense.
~ 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional
supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a
response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting
data will be furnished or (3) advise the Initial Decision Maker thaI no supporting data will be furnished. Upon
receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Clai m
in whole or in part.
~ 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that
the Initial Decision Maker is unable to resolve the Claim. This initial decision shaH (1) be in writing; (2) state the
reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision
Maker. of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding
on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding
dispute resolution.
~ 15.2.6 Either party may tile for mediation of an initial decision at any time. subject to the terms of Section 15.2.6.1.
915.2.6.1 Either party may, within 30 days from the date of an initial decision. demand in writing thaI the other party
file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the
demand fails to file tor mediation within the time required, then both parties waive their rights to mediate or pursue
binding dispute resolution proceedings with respect to the initial decision.
AlA Document A20''''' _ 2007. Copyright@ 1911.1915, 1918, 1925. 1937,1951.1958, 1961. 1963. 1966. 1970, 1976, 1987. 1997 and 2007 by The American
Institu\e of Architects. All righls reserved> WARNING: This AlA'. Document Is prol&Cl6d by U.S. Copyrighl Law and Inlernational Treaties. Unauthorized 38
reproduction 0' distribution of Ihl5 AlA'" Document, or any pori ion of it, mey rl>sLlIl in severe civil and erlminal penalties. and will be proseeuted 10 the
m8kimum exlent pos-~jble LInd", the I.w. This documenl was produced by AlA software at 09;39:44 on 05112/2010 under Order Na.84765786BO_l which
expires on 5/412011. and is not for resale.
User Notes: (765324378)
Inlt
~ 15.2.7 In the event of a Claim against the Contractor. the Owner may, but is not obligated to. notify the surety, if
any, of the nature and amoun1 of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner
may. but is nol obligated to, notify the surety and request the surety's assistance in resolving the controversy.
915.2.8 If a Claim relates 10 or is the subject of a mechanic's lien, the party asser1ing such Claim may proceed in
accordance with applicable law to comply with the lien notice or filing deadlines.
~ 15.3 MEDIATION
915.3.1 Oaims, disputes, or other matters in controversy arising out of or related to the Contract excep1 those
waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent
to binding dispute resohltion.
~ 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
otherwise, shall be administered by the American Arbitration Association in accordance with its Construction
Industry Mediation ProcedtlTes in effect on the date of the Agreement. A request for mediation shall be made in
writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation.
The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event,
mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending
mediation for a period of 60 days from the date of filing. unless stayed for a longer period by agreement of the
parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed
to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.
9 t5.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the
place where the Project is located, unless another location is mumally agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
~ 15.4 ARBITRATION
915.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any
Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually
agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction
Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing,
delivered to the other party to the Contract, and filed with the person or entity adminis1ering the arbitration. The
.pary filing a notice of d~mand forarpit1fltion must assert in the demand all Claims then known to that party on
which arbitration is permitted to be d~miinded.
~ 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in no event shall it be made after the date when the institulion oflegal or equitable proceedings based
on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a
written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of
legal or equitable proceedings based on the Claim.
~ 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be en1ered upon it in
accordance wi th applicable law in any court having jurisdiction thereof.
~ 15.4.3 The foregoing agreement to arbitra1e and olher agreements to arbitrate with an additional person or entity
duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court
having jurisdiction thereof.
~ 15.4.4 CONSOLIDATION OR JOINDER
~ 15.4.4.1 Either party. at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a purty provided 1hat (I) the arbitration agreement governing the other arbitration
permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact,
and (3) the arbitrations employ materially similar proceduwl rules and methods for selecting arbitrator(s).
915.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complele relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an
Init.
AlA Document A20pw _ 2007. Copyright CJ 1911. 1915, 1918. 1925, 1937. 1951.1958. 1961. 1963. 1966. 1970, 1976. 1987.1997 and 2007 by The American
Institute 01 Architects. All right5 reserved. WARNING: This AIA~ Documenlls protected by U.S. Copyrighl Law and International Treatllls. Unaulhorlz&d 39
reproduction or dlSlribution 01 tI,;s AlA'. Document. or any portion of it, may resul1ln severll civil ond criminal penol1;es, and will be prosecuted 10 the
maximum exlent possible under the law. This document was produced by AlA software at 09:39:44 on 0511212010 under Order No.8478578680_1 which
expires on 514/20 1 1. and is no. for resale.
User Notes: (765324378)
additional person or entity shall not constitute consent to arbitration of any claim. dispute or other matter in question
not described in the written consent.
~ 15.4.4,3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under
this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
Contractor under this Agreement.
AlA Document A201T>l _ 2007. Copyrlght@191', 1915. 1918. 1925, 1937, 1951, 1958, 1981,1963. 1966, 1970. 1976, 1987. 1997 and 2007 by The American
Institute ot Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and Internalional Treati... Unauthorized 40
r"produl;tion or distribution ot this I>J.A". Document. or any portion 01 it, may ,e.ull in severe civil and criminal penallles. and will be pros.euted 10 the
maKiOlum exten! possible under the law. This document was produced by AlA saltware at 09:39:44 on 0511212010 under Order 1010.8476578680_' which
expires on 514/2011 , and is not for resale.
User Notes: (765324378)
Inlt.
Additions and Deletions Report for
4) TII
AlA Document A201 - 2007
and Deletions Report, as defined on page 1 of the 8SSociEted document, reproduces below 81 text the aulhor has
form AlA document In order to complete it, as well as any text the author may have added to or deleted from
llIf'IA text. Added text Is shown underlined. Deleted text is indicated with 8 horizontal line through the origInal AlA text.
Addilians and Deletions Report is provided for information purposes only and is not incorporated into Dr constitule any
associated AlA document. This Additions and Deletions Report and its associated document were generated
~1~~~~eously softwa:( at 09:39:44 OIl 05112/2010.
Additions and Deletions Report for AlA DocumGnl A2011M.- 2007. CopyrlghtC 1911,1916, 1918, 1926, 1937,1951,1958,1961.1963,1966, 1970,1976.
1987, 1997 and 2007 by The American Instlluts of Architects. All rights reserved. WARNING: ThIs AlAe Document is protected by U.S. Copyright LIIW and 1
International Treaties. Unauthorized reproduction Dr distribution 01 this AlAe Document, or any portion of it, may result In severe civil and criminal
penalties, and will be prosecuted to the maxlmum extent possible under the law. This document was proWced by AlA sollwale at 09:39:44 on 051'12/2010
under Order No.847657B680_1 which expires on 5/412011, and is not for resale.
User Notes: (765324378)
. cation of Documenfs Authenticity
cument D401™ - 2003
. Minor, hereby certify, to the best of my knowledge, information and belief, that I created the attached
document simultaneously with its associated Additions and Deletions Report and this artification at 09:39:44
5/1212010 under . ' No. 8476578680_1 from AlA Contract Documents software and that in preparing the
ed fin de no changes to the original text of AlA. Document A201'I'M - 2007 - General
ditions or Construction, as published by the AlA in its software, other than those additions and
. on iated Additions and Deletions Report.
AlA DocL/ment D401 TIoI_ 2003. Copyrlght@ 1992 and 2003 by The American Inslilute 01 Architects. All rights reserved. WARNING: This AlA- Doooment Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproductran?r distribution of this AlA. Document, or any portion of it, 1
may result In severe civil and criminal penalties, and will be prosecuted 10 the mllldmum extent possible under the law. This doct.menl was produced by
AlA soflware at 09:39:44 on 05/1 :>1201 0 under Order Na.8476578680_1 which expires on 514/2011, an,d Is nol for resale.
User Notes: (765324378)
U.S. DEPARTMENT OF AGRICULTURE
Certification Reearding Debarment, Suspension, IneUgibiUty
and Voluntary Bxclusfon - Lower Tier Covered Transacdom
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published
as Part IV of the January 30, 1989, Federal R~e;!Iter (pages 4722-4733). Copies of the regulations may be
obtained by contacting the Department of Agriculture agency with which this transaction originated.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by auy Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements In tbls
certification, such prospective participant shall attach an explanation to tbis proposal.
Organizat1oa Name
PRlAward Number or Project Name
NalDe(J) and TItle (a) of Aatborbed Represeatative(l)
Slgaatare(l)
,.
Dale
Form AD~1048 (1192)
Instructions for Certification
1. By signing and submitting this Corm, the prospective lower tier participant Is providing the certification
set out on the feverse side in accordance with these instructioDS.
2. The certification in this clanse Is a material representation of tad upon which relfuce WIS placed when
this transaction was entered Into. If It Is later determined that the prospective lower tier participant knowingly
rendered In erroneous certUlutlon, In IddltJon to other remedies Ivailable to the Federal Government, the
department or agency with whlcb this tralSlctlon origiuted may pursue available remedies, Including
suspension Ind/or debarm ent.
3. The prospective lower tier participant shall provide Immediate written notice to the persn to which this
proposal is submitted if at any time the prospective lower tier participant learllJ that its certification was
erroaeous whea submitted or bas become erroneous by reason of changed circamstautl.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered tranllction," "prindpal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out In tbe Definitions and Coverage sections of rules Implementing
Executive Order 12549. Vou may contut the person to which this proposal Is nbmltted ror as.lstance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this Corm that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible. or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will iDclude this
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transactions," without modification, in aU lower tier covered transactions and iD all solicitations
for lower tier covered transactions.
7t A participant in a covered transaction may rely upon a certification of a prospective participant In a
lower tier covered transaction that it Is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require estabUshment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and information of
a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a penon who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and/or debarment.
2
Form AD-I048 (1/92)
.u. s.OPO: '196-757.17IlflOl 07
RD Instruction 1940-Q
Exhibit A-1
CERTIFICATION FOR CONTRACTS. GRANTS AND LOANS
The undersigned certifies, to the best of his or her knowledge and belief,
that:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant or Federal loan, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant or loan.
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant or loan, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance
with its instructions.
3. The undersigned shall require that the language of this certification
be included in the award documents for all subawards at all tiers (including
contracts, subcontracts, and subgrants under grants and loans) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into
this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each such failure.
(date)
(name)
(title)
000
(08-21-91) PN 171
Florida RUS Bulletin 1780-27
Page I
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBIC OR OrnER OFFICER AUTIIORIZED TO
ADMINISTER OATHS.
This sworn statement is submitted with Bid, Proposal or Contract No.
for
This sworn Statement is submitted by
(name of entity submitting sworn statement)
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(lfthe entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
.)
My name is
and my relationship to the entity
(please print name of individual signing)
named above is
I understand that a "public entity crime" as definyd in Paragraph 287.133(1 )(g). Florida Statutes. means a violation of any State
or Federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision or any other State or with the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an "agency
or political subdivision of any other State or of the United States and involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentatiolL
I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1 )(b). Florida Statutes. means a finding of guilt
or a conviction of a public entity crime, with or without an adjudication of guilt, in any Federal or State trial court of record
relating to charges brought by indictment or infonnation after July L 1989. a result of a jury verdict, non~jury trial, or entry of a
plea of guilty or nolo contendere.
I under stand that an "affiliate" as defined in Paragraph 287.1330 )(a). Florida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted
of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a
controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36
months shall be considered an affiliate.
Florida RUS Bulletin 1780-27
Page 2
I understand that a "person" defined in Paragraph 287.133(1)(e). Florida Statutes, means any natural person or entity organized
under the laws of any state or of the United State with the legal power to enter into a binding contract and which bids or applies
to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with public entity. The tenn "person" includes those officers, director, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn
statement. (Please indicate which statement applies)
_ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged
with and convicted of a public entity crime subsequent to July 1, 1989.
_ The entity submitting this sworn statement or one or more of the officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged
with and convicted of a public entity crime subsequent to July 1, 1989. AND (please indicate which additional statement
applies)
_ There has been a preceding corr...eming the conviction before a hearing officer of the State of Florida, Division
of Administration Hearing. The final order entered by the hearing officer did not place the person or affiliate on the
convicted vendor list. (please attach a copy of the final order)
_ The person or affiliate was placed on the convicted vendor list There has been a subsequent proceeding before
a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing
officer determined that it was the public interest to remove the person or affiliate from the convicted vendor list.
(please attach a copy of the final order)
_ The person or affiliate has not been placed on the convicted vendor list. (please .describe any action taken by
or pending with the Department of General Services)
(signature)
Date:
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
(name of individual signing)
the space provided above on this _ day of
who, after first being sworn by me, affixed his/her signature
,2
Commission Expires:
NOTARY PUBLIC
Form RD 1924-7
(Rev. 2-97)
rut'QVII'V"r"rc.vv c.u
0IV61\[)'05750042
ORDER NO.
UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL Dl!:VELOl'MENT AND
FARM SERVICE AGENCY
DATE
CONTRACT CHANGE ORDER
STATE
'VI'<
"VUI~ I
To
(C4/fl1'tlcror)
Yau are hereby requested to comply with the foDowing changes from the contract plans and specifioations:
Description of Changes DBCREASE INCREASE
(Sunnlemental Plans and Sneeifications Attached) U; Co~tract Price in Contract Price
.$ $
TOTALS S
NET CHANGE IN CONTRAcrPRICE 1
mSTlF1CATION:
The amount of the Contract will be (Decr,eased) (Increased) ByThe Sum Of:
Dollars ($
).
The Contract Total Including this and previous Change Orders Will Be:
Dollars ($
).
The Contract Period Provided for Completion Will B e (Increased) (DecreaSed) (U nchanged):
This document will become a supplement to the contract and all provisions will apply hereto.
Days.
Requested
(Owner)
([)ale)
Recommended
(O....ner's Architect/Engineer)
(Dare)
Accepted
(o,n/rac!Qr)
(Date)
Approved by Agency
(Name and Title) (Dale)
Aa:oniing III "'.l'''P'''''orlr Reducri<wr Ad of /995. on 0J""0/ ""9' ....r COIfduCl '" 'PO""". twI a pu>on is not roquln:d III r<JfHNf" to a coli"""'" ./ ittpnwD."" wnIess it .opiuy> . ...Iid
OMIJamJroI nwohtJr. 11w ",,/iJOMB _I nlIInborJOrthU infCnnation call<<ti<m is Ojl5-0IOfJ. Tho timo<W{JJiIeJ III wmpI'IlI'Ws iP/imnalionw/1eWo. ir .......Ill""""'ll" 15 minMJD
ptr ro.po_ incb<<JiltlC 1M ._/or nNiowing ins&vc:IioIu, _rchitog a,,1intc ""fa rolU'O!S, gatlwing and mainlaining tho dat4 n.rd.. twI wmplfdng and .....-r 1M ",,1Ifc..n of
in[omtatlcPl.
o ORlGlNAL-BORROWER'S CASE FOLDER
o COPY oCONl1\ACTOR
o COPV.ooRROWER
POS1TmN 6
Form RD 1924"7 (Rev. 2-97)
fORM APPROVED
OMB NO. 0515.0042
Form RD 1924-18 CONTRACT NO.
UNITED STATES DEPARTMENT OF AGRICULTURE
(Rev. 6-97) RURAL DEVELOPMENT PARTIAL PAYMENT ESTIMATE NO.
FARM SERVICE AGENCY
PARTIAL PAYMENT ESTIMATE
PAGE
OWNER: CONTRACTOR: PERIOD OF ESTIMATE
FROM TO
CONTRACT CHANGE ORDER SUMMARY ESTIMATE
Agency Approval Amount 1. Original Contract. . . . . . . . . .. . . . . . . .
No. Date Additions Deductions
2. Change Orders. . . . . . . . . . . . . . . . . . .
3. Revised Contract (1 + 2).. .. .. .. . .. .
4. Work Completed" . . . . .. . . . .. . . . .. .
5. Stored Materials" .........,.......
6. SUbtotal (4 + 5) . . . . . . . . . . . . . . . . . . .
7. Retalnage*.......................
8. Previous Payments. . . . .. .. . . . .. . . .
9. Amount Due (11-7-6) ...............
TOTAlS . Derailed breaJcdown aUacked
NET CHANGE
CONTRACT TIME
Original (days) ____. -----
Revised _ On Schedule 0 Yes Starting Date
Remaining 0 No Projooted Completion
CONTRACTOR'S CERTIFICATION: ARCHITECT OR ENGINEER'S CERTIACA110N:
The undersigned Contractor certifies that to the best of their The Undersigned certllies that the work has been carefully
knowledge, infonnation and belief the work covered by this inspected and to the best of their knowledge and beUef, the
payment estimate has been oompleted in BC(X)rdance with quanUllas shown In this estimate are correct md the work has
the contract documents, that all amounts have been paid by been pefformed In accordance .with the contract docanents.
the contractor for work for Which previous payment estimates
was issued and payments received from the owner. and that
current payment shown herein Is now due.
Architect or Engin"r
Contractor
By
By
Date
Date -
ACCEPTED BY AGENCY:
APPROVED BY OWNER: The review and acceptance of INs estimate does not attest to
the correctness of the quantlUes shown or that the WOII( has
been performed In accordance with the contract documents.
Owner
By -
By - Title
Date Date
-----------------
Aexording 10 rile Paperwork Reducl/oII Act of 1995, 110 penollS ore '"'ill/red 10 respond 10 0 colfwUJII of IlIfOl7llolion UIIlus It df.rploys a wzlld OMS conlrol numMr. T1Ie valid OMS "mlral
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Florida Instructioi11942-A
Guide 24
Page 1
EQUAL EMPLOYMENT OPPORTUNITY IN FEDERALLY
ASSISTED CONSTRUCTION CONTRACTS
EXECUTIVE ORDER NO. 11246
Paragraph 1942.18 (n) (4) of RD Instruction 1942-A provides that all contracts in excess of $10,000 shall
include provisions for complianoe with Executive Order No. 11246. Paragraph 1901.205(b)(2)(I) of RD
Instruction 1901-E reiterates this requirement and further provides that the contracts will conlain the
required .Standard Federal Equal Employment Opportunity Construction Contract Specifications goals and
timetables as set forth in Exhibit 0 of RD Instruction 1901-E and an Equal Opportunity Clause.
As Exhibit 0 of RD Instruction 1901-E is obsolete the attached goals and timetables shown in the
attachment to this AN will be Included In all construction contracts In excess of $10,000. These may be
locally reproduced as needed to supply your needs.
The Equal Opportunity Clause required by RD Instruction 1942-A and 1901-E. Is Included fnGuide 18,
Rural Development Supplemental General Conditions to RD Instruction 1942-A and must be included in all
contract documents.
Two other Important responsiblHtles we have regarding EEO in construction contracts are as follows:
1 . During the preconstruction conferenoe the contractor will be furnished a copy of the attached list
which shows the area office for the Office of Federal Contract Compllanoe Programs (OFCCP)
USDA Department of Labor. The contractor will be advised to contact the applicable area office to
receive technical assistance regarding any reporVmonltoring requirements imposed by OFCCP.
2. When construction contracts subject to EO 11246 have been approved by RD. the Rural
Development Manager must prepare a report utilizing the format shovyn in Exhibit C. RD Instruction
1'901-E, for each contract and forward it to the Atlanta Regional Offi~ The dlrect~r and address for
the OFCCP Regional Office are Mr. Joseph J. DuBray. Regional Dlrectorfor OFCCP/ESA, U.S.
Department of Labor, Sam Nunn Atlanta Federal Building, 61 Forsyth Street. S.W., Room 7875,
Atlanta, Georgia 30303. Telephone (404) 562-2424.
PN 1047 (Revised 11f03)
Florida Instruction 1942-A
Guide 24
Page 2
GOALS AND TIMET A8LES
The following goals and timelables for female utilization should be included in all Federal and federally
assisted construction contracts and subcontracts in excess of $1 0,000.
AREA COVERED
Goals for Woman Who Apply Statewide
GOALS
EEO Goals applicable for this project:
Women: 6.9%
Appendix 8-80
Until further notice the following goals for minority utilization in each contraction craft and trade shall be
included in all Federal or Federally assisted construction contracts and subcontracts in excess of $10,000
to be preformed In the respective geographical areas. The goals are applicable to each nonexempt
contractor's totalonslte construction work force, regardless of whether or not part of that work force is
performing work on a Federal, Federally assisted, or nonfederal-related project, contract, or subcontract.
Construction contractors who are participating in an approved Hometown Plan (see 41 CFR 60-4.5) are
required to comply with the goals of the Hometown Plan with regard to construction work they perform in
the area covered by the Hometown Plan. With regard to a/l their other covered construction work, such
contractors are required to comply with the applicable SMSA or EA goal contained in this Appendix 6-80.
PN 1047 (Revised 11/03)
Rorida Instruction 1942-A
Guide 24
Page 3
ECONOMIC AREAS
Stale
Goal
(Percent)
FLORIDA
041, Jacksonville, FL
SMSA Counties;
2900 Gainesville, FL
FL - Alachua
20.6
3600 Jacksonville, FL
FL - Baker, Clay, Duval, Nassau, S1. Johns
1.8
Non-SMSA Counties:
FL - Bradford, Columbia, Dixie, Gilchrfst,
Hamilton, Lafayette, Levy, Marion, Putnam,
Suwanee, Union
2.2
042 Orlando - Melbourne, Daytona Beach. FL
SMSA Counties
2020 Daytona Beach, FL
FL - Volusia
15.7
4900 Melbourne - Titusvllle - Coca, FL
FL - Brevard
10.7
5960 Orlando, FL
FL - Orange, Osceola, Seminole
15.5
Non-SMSA Counties:
FL - Flagler, Lake, Sumter
14.9
043 Miami - Fort Lauderdale - Hollywood
FL - Broward
15.5
1500 Miami
FL - Dade
39.5
8960 West Palm Beach - Boca Raton, FL
FL - Palm Beach
22.4
Non-SMSA Counties
Fl- Glades, Hendry, Indian River, Martln,
Monroe, Okeechobee, SI. Lucie
30.4
PN 1047 (Revised 11/03)
Florida Instruction 1942-A
Guide 24
Page 4
044 Tampa - St. Petersburg, FL
SMSA Counties
1140 Bradenton, FL
FL - Manatee
15.9
2700 Fort Myers, FL
FL - Lee
15.3
3980 Lake/and - Winter Haven, FL
FL - Polk
18.0
7510 Sarasota, FL
FL - Sarasota
10.5
8280 Tampa - St. Petersburg. FL
FL - HiIIsborough, Pasco, Pinellas
Non-SMSA Counties
FL - Charlotte, Citrus, Collier. DeSoto,
Hardee, Hernando, Highlands
17.9
17.1
045 Tallahassee, FL
SMSA Counties:
8240 Tallahassee, FL
FL - Leon, Wakulla
Non-SMSA Counties:
24.3
FL - Calhoun, Franklin, Gadsden. Jackson,
Jefferson, Liberty, Madison, Taylor
29.5
046 Pensacola - Panama City, FL
FL - Bay
14.1
6080 Pensacola, FL
FL - Escambia, Santa Rosa
18.3
Non-SMSA Counties:
FL - Gulf, Holmes, Okaloosa, Walton,
Washington
15.4
PN 1047 (Revised 11(03)
Florida Instruction 1942-A
Guide 24
Attachment 1
COUNTIES SERVED BY EACH OFFICE
Jacksonville - Telephone number (904) 232-3073
Florida Counties
GeorQia Counties
Bay
Calhoun
Gulf
Gadsden
Liberty
Frankltn
Wakulla
Leon
Jefferson
Madison
Taylor
Ham i1ton
Suwannee
Lafayette
Dixie
Columbia
GlIchrist
Levy
Baker
Union
Duval
Nassau
Putnam
Clay
St. Johns
Marlon
Alachua
Bradford
Flagler
Uberty
Chatham
Bryan
Bulloch
Effingham
Screven
Colquitt
Trft
Berrien
Mitchell
Cook
Lanier
Decatur
Grady
Thomas
Brooks
Lowndes
Echols
Coffee
Jeff Davis
Atkinson
Clinch
Bacon
Ware
Char1ton
Appling
Pierce
Wayne
Brantley
Camden
Long
Glynn
Mcintosh
PN 1047 (Revised 11/03)
Orlando, Rorida
(407) 648-6181
Volusia
Seminole
Lake
Orange
Sumter
Citrus
Hernando
Pasco
Pinelles
HiIIsborough
Polk
Osceola
Brevard
Indian Rlver
81. Lucie
Okeecl:1obee
Highlands
Glades
Charlotte
DeSoto
Hardee
Manatee
Sarasota
Lee
Florida Instruction 1942-A
Guide 24
Attachment 1
(continued)
COUNTIES SERVED BY EACH OFFICE
Miami, Florida
(305) 536-5670
Birmingham, Alabama
(205) 731-0820
Martin
Palm Beach
Broward
Dade
Monroe
Collier
Hendry
Jackson
Holmes
Washington
Walton
Okaloosa
Santa Rosa
Escambia
PN 1047 (Revised 11/03)
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